The Express.
London, England, 1863-12-18 00:00:00

FRIDAY VeTENING, DFCEMI32It ' 18,

me!" Asked what women! He rtd "Tie women Uri
there ha. been all this row about."

Dr. Pettigrew stated that the respondent had coif eased to
Lim Ilia intrigue with Mn.a Mallet, and had baud"! him
some of her bitters which be had returned. In the summer
of 1861, while Mrs. Fitzgerald was with witness. some let-
ters were brought to him. Major Fiirgerskl had desired
witness to tmosroit to Mrs. Fitzgerald soy letters that
might come to bin. at his club. One of the letters that
came was one which witting, gave to her. Told Major
Fitzgerald what be had done. The letter produced is in
the same handwriting as the other letters of Mrs. Mallet :
" I entteat you to help me a little. It is ao very selfish of
you sot ; and if I did not absolutely require it I never
would ask. Pray write at once, and send me aometbiog
before Igo away to Norfolk. O. stays here. If you like to
see him and May you would be amazed. Be sure and help
me, ukase. When Mile C. comes I trust we shall be better
oft—Ever your*, J.

Crose-eximineil-lHad attended Mrs. Fitzgerald. As far
as witness could observe the parties were living on the best
terms on which a husband and wife could live. Never saw
anything more kind than Major Fitzgerald's conduct to the
petitioner. Was on terms of intimacy with them. Hid not
attend the petitioner in her oonfinement, but saw the child.
Them was sothiag the matter with it. Previous to the last
confinement the respondent was so exceedingly attentive to
his wife in her illness that witness spoke to him on the sub-
ject. It was about the time of Sinethuises trial, and wit-
ness said that people might talk about him if he continued
to do for his wife things that ought only to be done
by a nurse. After the separation he was so excited
and depressed that witness begged him to come and
stay in his house. He used to go out in witness's Car'
riage while he went his rounds, in order that be might have
some one to talk to. His whole wievereatioo was about his
wife, and be wu excessive distressed shoat the separa-
tion. Respondent asked witness to tell him what to do.
Recommended bim to apply to his father, and to act by
Lord William's advice. He was embarrassed by Mrs.
Mallet's constant applications to him for money. Had con-
versed with Mrs. Bettisworth about the separation, and bad
expressed an *Rion that there should beg reconciliation.
Mrs. Bettisworth said, "Would you have my daughter
live with an adulterer '^ Replied that if witness thought
the major was an adulterer he would not have advised Mrs.
Fitzgerald to live with him.
By the Judge—Had recommended the parties to live
apart for about a year after the third confinement on ac-
count of Mrs. Fitsgerald's health. She was of an excitable
temperament. but was excessively amiable. (A laugh.)
John Smith Fisher, a pianoforte tuner and carpenter, said
that in 1859 he had seen Major Fitzgerald at Captain Mal-
let's, No. 4, Scarsdale Villas, where witness was employed.
Saw him there also in the following year. He used to come
when Captain Mallet was not at home. There was a ser-
vant there named Kelly. The Mallets had a boy named
Greville.

--A
plan of Scarsdale Villas and of Abingdon Villas was
pot in.
The depos!tion of J. Cornelius Kelly (wbo bad since
died) was tben tendered, and after a considerable contest at
the bar as to its admissibility, it wss rejected.
. . . _ -

The deposition of Lilly ilia* Beauirere was then read.
She stated that she had known the Mallets in Dublin. Her
sister had been in their *orrice as nurse, and witness bad
bees allowed to stay with her a few days. Captain Mallet
had apartments at the Castle. Believed he was something
in the Foreign-office. While witness was at the Castle,
Major Fitzgerald frequently called on her. Saw him three
Croce in her bedroom, and once she was lying on a sofa
while he sat by. Could not tell if she was lying on her
side or not, her crinoline was so large. (A laugh.) Koew
her also in Soandale Villas. Was servant to bar, and bad
also lived is Abingdon Villas opposite. Had seen Major
Fitzgerald kiss her three times, and had also seen them am.
btacin.

A quantity of documentary 'silence was then put In.
Amoopt these was a character which Major Fitzgerald had
given to Kelly, who was butler to the Mallets, and whom
he stated he had known for two years. There were also a
number of letters from the respondent to the petitioner; of
which the following may be taken se a specimen :

-
" August 30, 1861.
"My Darling Wife,—l got the draft. Indeed, indeed, you
are ill-used. I will take oare of the N. till we meet again.
Do give me a hope, for I am, I vow before God. in an awful
state of mind. Dearest, kindest, best of wives' I little thought
I loved you so tenderly as I do. Georgie, I have behaved
badly to you, and God has struck me down at last. Oh,
write me cue more short line ere I leave this. Implore
your parents to let me see you. Oh ! oh ! George, lam
mad with grief. lam an awful sinner. Christ forgave the
woman in adultery—try and forgive me. I do not know
when to go, what to do—where to turn. Have mercy on
me ! lam near you here, and dread going. f fear you are
ill, aad only say you are well to ere my mind. If I could only
see you! 1 walked round and ronnd your house, but all eeks
awfully quiet, as if you were ill. lam a fearfully wicked
man, and am well punished. You leo, not what a fearful
state lam is. What can Pettigrew advise ? All lies with
you and yours. Oh, forgive me now, and I will swear an
awful vuw to alter my conduct for the last time. Forgive
me, meet injured and excellent of wives. The more and
more I think of it, the more awful and wicked ham been
my conduct. Again, your mother has been shamefully
treated, also your father ; but surely they have • spark of
charity left, and will forgive me, and let me see you and
them once before I go. 0, Georgie, darling wife, I have
watched, and nursed, and cried over your sick bed, and
have now in my desk the hair of our last baby, which I
often take out, nod look at, and kiss. Have pity on your
wretched husband ! Show this. Beg your parents to read
it. What can Pettigrew do? I am hers.—Your wretched
husband. W. F.

In another letter, be quoted instances of erring husbands
that had been forgiven, including one that had seduced his
wife's sister. In another he protested that he had Dever
cared a fig for the "creature." In another he deotarsd
that he was "the wretched victim of one of these awful
women." This person he subsequent) y described as "a
cursed fiend from the lowest depths of hell." and as "a
fearful horrible demon," The letters, generally, were of a
singularly incoherent, rhapsodical character ; and they were
filled with lamentations, entreaties, prayers, oaths, and
cones jumb►ed together in the oddest =MOW that can be
conceived.

—ifearyTredgett. • coachmen io the employ of a job-
master, proved that be had frequeotly driven out Major
Fitzgerald and Mrs. Mallet, in the veer 11459.
This being the petitioner's cue the mart adjourned.

COURT OF BANKRUPTCY.—Dac. 17.
(Before Mr. Commissiouer nun.)
IN HE CANOLLNN PAULINE.

The bankrupt was a milliner, of Pnocesetreet, Hanover-
square. This. was the adjourned sitting for examination sad
discharge. The debts are 7.403/. ; saute, in good debts and
property, about 6001. The bankrupt states her expenditure
is the two yearn preceding the bankruptcy at 1501. and 2001.
The principal creditor is Signor Gerdoni, resident in Paris,
whose debt is 3,1481.
Mr. Sargood, on behalf of the bankrupt, stated that there
had been a depreciation of upwards of 1,0004 in realising
the estate, which accounted for the small amount of meets.
Mr. E. Reed said the assignees wished for further time, to
examine the amounts, which had only been filed wean dsys.
The bankrupt had carried on her business in partnership
with one Pilotti (also a bankrupt), and Ternburini, the
celebrated vocalist, bad become a partner in 1857, sgreelog
to bring in 3,0004, end receive half the profits. He had
only brought in 1,5004. and the partnership was dissolved in
1861, a bond for 3,0001. being then given to Signor Giar-
dini. Large amounts were owing to the firm at the dims.
lotion of the parturship with Tambunni ; and as he was
liable to the person who were then creditors, the assignees
wished to have a list of those creditors. As the bankrupts
late partner, Pilotti, was now bankrupt, it was asked that
the proceedings in the two cases should be consolidated
under the 88th sectioo, and that the bankrupts should come
up to be heard together.
The bankrupt, examined (her son acting as interpreter),
deposed that she entered into partnership nail Pilotti in
1848 ; they continued partners until the bankruptcy ; there
were no written articles of partnership. Up to 1657 there
were no profits to divide. or they would have been
divided equally. la 1856 Tamhurini joined the firm.
He was to bring in 3,0004 He paid down 1,5004, and was
to pay 6 par out. on the other 1,500!. He was so receive
half the profits, the other ball to be divided between the
bankrupt and Pilotti. The partnership with Tamburini was
dissolved in 1861, and Signor Garden' then lent the bank-
rupt 1,5001., in order to relieve his brother-in.law, Tam-
banish from farther liability. To secure this and the
1,5001. originally advanced by Tamberisi, a hood for 3,0004
was given to Gardoni. On the formation of the partner.
ship of the three, • stamped paper was signed by the parties
in Paris ; on the dissolution it was returned to Signor Gar-
dui. After that, the profits were to be equally divided
between herself sod Pilotti. Some debts due at the time
of the dissolution with Temburini were still owing. While
he was a partner. Temburini employed an agent to
look into the affairs of the finis. Pilotti became
bankrupt es the same day as herself, hut on a separate
petition. They had traded as " Madame Peuliue." Pilotti
was a teacher of music ; his earnings beyond his private
expanses went into the partnership food.
Mr. Sawed coateaded that the application for coesolida.
tics ought only to be made on affidavits, and that the ac-
co its already filed were sufficiently explanatory of the
transactions of the firm.
Mr. Osnooo, the official assignee, said that the accounts
relating to the period when Taniburisi was a partner would
sot be a legitimate expense for the puma creditors to
nicer. If any creditor thought that Tamberini wee liable
to him, it was open to him to sue that gentleman.
Mr. Sargood urged that the estate, which was consider-
able, ought not to be frittered sway in edjonrunienta. Of
the creditors who had voted in the sholee, the principal
one wee a bill discounter; and everyone knew that the
charges ef those perilous were enough to drag down any
trader.
His Honour, after consulting the official amigos*, raid it
did not appear to bins that there was any nuseity for as
adjoarnmeet. He should pus the examinatioa, and grant
the older of discharge.
Mr. Reed said be had ee instructions whatever as to the
order of dimharge ; but the assignees would probably take
the (pudica of aceoants elsewhere.
Mr. Chidlsy tendered a proof on behalf of Signer Carded
for 3,1481.
Mr. Reed said he should require the presence of Signor
Gerdosi, Is order to exudes him.
Mr. Chidley eutuded that the evidence of the bankrupt
was soflorot to warrior the proof being admitted.
Hr Beaser aimed the prod.

ASSIZE INTELLIGENCE.
NORFOLK CIRCUIT. CAMBRIDOZ, DEC. 17.
(Before Mr. Bares Latin.)
TEE HIIIDR AT WIITITLESIT.
Ade Orem, a labourer, 25 years of age, was charged
with the murder of Elizabeth Brown, et Whittlacy. on the
12th of Nardi, 18113 ; sod William Georie Smedley. de-
scribed NI 'master, age 45, we■ charged that he did felo-
niously receive, harbour, sad maintain the said John Green,
well know*/ him to have done and committed the felony
aforesaid.

The ore excited great interest, and the court all day I ,
was very full Excellent arrangement were, however,
made by the person, in charge, so that at no time was it in- ,
conveniently crowded. This trial should have Mks. place
at the last summer moires, but quite unexpectedly, and at
the last moment, the prisoner Smedley, who before the ,
magiateates and ooroper bad been examined as • witness for
the prosecution, was given into custody and indicted jointly , •
with the prisoner Green. Mr. Metcalfe was then instructed
to defend both prisoners, awl feeling embarrassed by this
sudden step on the part of the prosecution, applied to the
late Mr. Justice Wightmsn fur the postponement of the '
trial. After seem discussion and consultation with the Lord I
Chief Bane, the application was granted. '
To-day Mr. Keene stated the case for the prosecution,
and the following narrative will embody what he said.
Mr. Whyte is a Imitator, having large
~remises is the
town of Whittlesey, sod bothprisoner., at the time of the
murder, were in his employment—Green ea • labourer,
the elder prisoner as foreman. Adjoining the omit-
ing is • public-house called the George and
Star ; and on the night preceding the murder there •
was a dance at the house. The prisoner Green and the '
woman were there (Green only at the dance), and at about
half-pest one in the morning were bat seen leaving the
house together, going down the lane in • direction for the
malting. This was the last time she was seen alive, sad
bets ma that time and 6 o'clock the prosecution say the
pow creature was barbarously murdered. A native of I
Whittlesey, she had led • very immoral life, and at the
time of her death was about 35 years of age, living in a cot-
tem slow, gaining her livelihood by prostitution. The
prisoner Green is a married man, and also • native of the
place, and lived at Inham's End. It seems that in Whittle-
soy the ancient custom of ringing a morning bell at a
quarter before six still exists, and there is a functionary
styling himself the public bellrtoger. Ou the morning of
the 12th of March he was going rather late to the church
belfry when he war sthrtled by • sound as of • door hastily
shut. He looked mead towards Mr. Whyle's melting door
bat saw no one, and went on to his duty. A few minute:
after this • man named Stevenson, going to his work and
towards loham's End, was peeped by a man running fast
towards the prisoner's cottage. His braces were hanging
down, and Stevenson called out, " You'll lose
your brace, old partner." The man continued running,
adjusted his brace, without turning, and his face was not
seen, but almost immediately after two men coming from
Inham's End met a man running whom they distinctly re-
eognised as the prisoner Green. He was well knows to
both, and they saw that he was dreamed in the clothes belied
been wearing the night before. A man living in • cottage
next door to Green also heard about this time • noise as of
some one running towards his house, and almost imme-
diately Green's street-door open and some one go up stairs to
the bedroom. The prisoner Smedley now must come upon
the scene, for on going to his work as usual to the malting,
immediately upon opening the door of the kiln furnace room
be found the room filled with • thick smoke, and saw the
body of, as he supposed, a man lying upon a heap of
smouldering sacks. He turned beck at once, and meeting in
the street • man named Robinson, called to him, "Jim, Jim,
make haste, Jim, Jack Green's got burned to dead. I know
he's dead, for he can't speak. He's in the kiln house."
Robinson at once went, and Smedley with him ; they were
soon joined by more, and Mr. Crisp, • surgeon, was sent
for. The doors and windows being opened and daylight
becoming stronger, it was found that a settle opposite the
farness door within two or three feet of the fire was burn-
ing, and upon a heap of pertly burnt sacks was the body of
a woman, partly weatmed and still humbug. Water was
thrown on and a door brought, upon which the remain
were placed. It was • horrible sight. She was lying on
her back radioing towards the left aide, the hands were
clenched, the knees drawn up towards the body, the tongue
protruding sod almost Mite* in halves by the teeth, the
features much burnt away, the eyeballs collapsed from
fire, and much of the tissues and muscles destroyed. On at •
tempting to raise the body it was found that the left
arm was broken in an oblique direction between the shoulder
and elbow, and not only broken, but the part from the
fracture removed as by some iustrunient, for the edges of
the bone were clear and nutouched by fire. This part of the
arm was never found. and on a minute examination made
by Mr. Crisp. some of the rite were found fractured as if by
some instrument and untouched by the fire. From these
circumstances there can seem little doubt the poor wee.
tare was cruelly murdered before an attempt was made to
burn the body. Green, who usually came to hie work a
little before six, did not arrive this morning so early, and
was sent for by Smedley. His wife answered the messenger
how the bedroom window, and soon after Green came to
the place and assisted with others in disposing of the re-
maim. The same morning, about eight o'clock.
Smith, the superintendent of police, in the presence
of Mr. Whyte, spoke to Green, who was then
at his work, asking him what time be left the
malting the night before, sod when he got home. Be turned
pale, looked confused, and said he left the malting about
half-past eight, and was at home in bed by eleven o'clock.
Being asked further if he had seen Elizabeth Brown last
night, he said he saw her in the George and Star taproom,
but never maw her afterwards. Shortly after be was taken
in custody, and it was then observed that his clothes smelt
strongly of burning, and his hair was slightly singed. lie
said to the policeman, "Oh pray don't, don't, pray don't,"
and trembled violently. New the body of the woman was
found a cep belonging to him, and which some women who
had seen him in the George and Star the night before be-
lieved he them wore. It appeared though that this cap was
one worn by Green in the malting, and which he usually
left hanging in the plane when he left his work. A son
of the prisoner Smedley was called for the prosecution,
and explained that the malting doors had Chubb's locks,
and were always carefully locked by his father upon leaving
work. If the prisoner Green could possess himself of the
keys he might have entered and admitted the women, but
nothing seemed disturbed, mod there was no unusual appear-
ance with the exception of a window, a pane of which was
broken, as it was suggested, from the inside,. and some foot
marks on the yard gate, and an impression of a boot on
some ice on the top of a water cask that stood inside the
gates. It may now be asked, but bow is Smedley impli.
cited He was a witness in the first instance before the
magistrates against the prisoner Green in March, and be-
tween that time arid the assists in July it seems to have
come to the knowledge of Mr. Smith, the solicitor for the
prosecution and clerk to the magistrates at Whittlesea, that
oaths morning of the murder, as Smedley was returning from
the malting after be had discovered the body lying on the
floor, before giving an alarm, he met the driver of the wail
cart, who was tottery a penal for him, and that he asked if
be bad received it ; being told be bad, instead of telling what
he had just seen he told the next man he met, whom it will
be remembered he addressed as "Jim ! Jim !'' The mail
cart driver told Mr. Smith there seemed nothing unusual in
Smedley's manner, and upon Mr. Smith confronting the
driver and Smedley, the latter admitted he said nothing to
the driver, but " he was frightened, he did not know,"
His present master (Mr. Whyle) had employed him
for the last two years, and upon entering his
service be came with • character for good conduct
from his last employer, with whoni he had been for 20
years and upwards. Upon such evidence Smedley was
gine into custody, and bee had this chat ge batwing over his
bead for five months. To-day the evidence only went ea
far as this; and upon Mr. Keane continuing to call wit-
names who could prove no more
Mr. Baron bitirtin interposs;l, sod said, in his opinion,
there was no more • ease against Smedley than against
himself (the learned judge). There was no evidence what-
ever that he knew any felony had been committed, and in
law, unless it could be clearly shown that he knew of the
felony, and then assisted the felon, be could not be con-
victed.
The prosecution against Smedley was then withdrawn,
and the case closed against Green. and it being nearly five
o'cloc
Theefearned Judge said he should not sum up the case
to-night, and would, if Mr. Metcalfe wished, now adjourn.
The learned counsel, however, elected to address the jury
on behalf of his client at once, and urged strongly upon the
jury %homey unsatisfactory nature of the medical testi-
mony. To-morrow the evidence of the surgeons shall be
noticed more folly, as well as the arguments of the counsel
for the prisoner.
The Court adjourned at the conclusion of Mr. Metcalfes
speech.

THE POLICE COURTS.
CLERKENWELI.

Emma Williams, alias Case, living in Judd.street, and
Susan Thomas, of 15, Brunswick-street, prostitute*, were
charged with assaulting Anna Weymouth, • prostitute,
residing et 51, Liverpool-street, lales-Cebell, and stealing a
Paisley shawl, a muff, and other articles, of the value of
V. 10s., in Judd-street, St. Pancraa.
From the evidence tt appeared that the prosecutrix, as
she was returning home through Judd-street, was accosted
by the prisoners, who scuffled with her, struck her a
blow on the forehead and knocked her down. They
stole her muff and Psialry shawl, and also her
gold locket and charms. They were pulling her
dress off her when they were area by a police-constable,
and on his going towards them they made off. They
were followed to North-place. Cromer-street, • place full
of low sod notorious brothel; and were apprehended.
the promeutrix's muff and shawl being found in the house.
The locket and other articles could not be found. When
the prisoners were told the charge they at first said that
they knew the prosecotaix, and that they were hiking care of
her property, and afterwards denied that they had seen the
PlCty.
complainant, who had • mark on her forehead, the
effect of one of the blows given to her by the prisoner;
said that she did not know either of them. She was an
unfortunate woman, sad was the won, for liquor at the
time. She was certain that abs was struck by the pritiosers,
and that they stole her property, and had it not been for
the arrival of the police she was certain that they would
have stoles her gown sad petticoats.
Ia answer to the solicitor for the crimson, the corn-
=iit said that she was eartais that • man did not
bar down sad Heal her Amid.

1863.

Mr. IYEynoourt inquired if the prim:men were known.
The polies replied that they were notecious characters,
..nd Williams had been before convicted of felony. She bad
lived with thieve• of the wont descriptuo, and two of the
men she bad cohabited with were now undergoing penal
servitude.

Mr. Wekeling said the prisoners would plead guilty if the
magistrate would settle the case at once.
• Mr. If Eynconrt said It was a ease he could not decide,
end committed the primness to the Middlesex fleas Mos fur
triaL

SOUTHWARK.

John Callaghan, • tall young fellow, was planed at the
bar Wore Mr. Burnham, charged with stealing a watch,
the property of John Newlaad.
The oroactitor said that be lodged at No. 3, Surrey.
street, Green-street, 131ackfriars-road, and the prisoner occu-
pied part of his had. On Tuesday morning, algut nice
o'clock whamsclock, put his watch on the mantelshelf in the bed-
room, ;nd the prisoner came in and looked at it and wanted
to buy it. Wither told him be did not want to sell it, but
the prisoner took it up and ran off with it. Witness pur-
sued him, but be managed to escape.
Ellen Gernon said that she knew the prisoner, and bad
frequently seen him at her lodgings, Roesealley, Bishops-
gateatreet. She was in the house in Surrey-street on
Tuesday morning, when she saw him leave with the watch in
hie hand.
Pulioe.oonstable 160 M said he received information of the
robbery, end took the prisoner into custody. it. denied all
knowledge of the watch. .

lu answer to the cherge the priseoer said he recollected i
tekiog up the watch and putting t down agsio. He denied
having stolen it.
Mr. Burcham committed him for trial.
THAMES.

Robert Larson, an infirm, ball-deaf old man, was
brought up before Mr. Partridge, charged with stealing llb.
of old rope, the property of the guardians of the Poplar
Ueda). The rope was stated to be of the value of three
halfpence.
Mr. Spratley, superintendent of labour, stated that be
served out 4113 e. of old rope to the prisoner on Wed-
nesday morning, and be was to pick it in the stone
yard. That was the day's work allotted to the prisoner.
fu the afternoon, at 4 o'clock, he weighed the lope that bad
been picked. It weighed 31b. only. He eserched the
prisoner, end foiled upon him llb. of the rope he bad sup-
plied to him in the morning. It was government rope, with
a redcord string passing through it. The prisoner had
since expreneed great contrition, and said he was very sorry
for what he had done.

Mr. Partridge—What relief has this *ld mao, and how
long his be been chargeable to the Poplar Union ?
Witness—He has been an inmate off and on these four
years. He has been lately receiving oat-door relief to the
extent of 6s. per week, for which be is only required to pick
4th.. of oakum per day. He was formerly a rigger.
The prisoner said he was very sorry for what he had done.
He was guilty.
Mr. Partridge sentenced the prisoner to 21 days' impri-
&earnest and bard labour.

THE LATE DEATH THROUGH THE
SUPPOSED NEGLECT OF THE POLICE.