The Express.
London, England, 1863-12-21 00:00:00

MONDAY EVENIIIO, DECEMBER 21, 1863.

being intimate with Kelly, might have hail low bleu, like
all !deb, but 1 don't believe it. Ido not mean to discuss
this plot more with you, and only condescend to do so now
for soy sonssake, whose inherit:woo is affected by yours and
Kelly's vicious unrtione. For myself I defy the living sad
be dead to prove me other than • devoted wife and mother.
—Yours, G. Mausr."
" Hemson.—l ern glad you have told the truth. I felt sure
you could not be so very wicked as to invent that you yew
what Dever occurred. Every word of Kelly's deposition is
fides from the first word to the last. He left our service
before Major Fitzgerald cube over to England, and never
sew him in ficendale-villas for one moment, as we have
heaps of witnesses to prove ; and in Ireland I never was
without a lady stet ing with me—all of whom I shall call if
necessary. Mrs. Fitzgerald promised Kelly 1001. for his
inventions, end you the 'ante to perjure yourself. lam
going to your mother to tell her how you are living upon
the wages of your do.-1 am, tic., G. Makurrr."

Crosi-examinatioir resumed--I had heard of lietnion's
statement from his wife. She is eonetently with me for a
month at • time, acting uan ausialond servant. He bad
written to me stating he would have nothing to do with
the cause. The last letter was written after he had seen
my husbsud, and be bad stated that he had nothing to say
against me. All my letters except the first were answers
to Hemeon's. I had seen the depositions when I wrote,
"I only yesterday was told the full extent of Kelly's in-
vention.." Ellen Bell had written to me, telling ins that
they had been offering her money. Hannon had written to
me, stating that Ellen Bell bad said Greed's was like Capt.
Landon and my little girl like Major Fitzgerald. They are
like neither—l shall be happy to produce both children.
Re-examined—One of my children godmothers had sent
me the money which I lent to Major Fitzgerald. The
cheque produced is the one I =shed for him.
Major Fitzgerald only pre me two or three bouquets.
My eldest child la nearly ten years old. I first wrote to
Mention on account of something which I had heard. I
had heard that Memnon, who had no means of living, had
soddenly become well off. I solemnly declare that every-
thing that Hemson had said war utterly false from begin-
ning to end. I bad heard that he and Kelly had been to-
gether ; that they bad been fixing these dates ; and that
they were both in Mrs. FiMgeraid's pay. I had heard
that this had been found out by detectives. Minion
asserted that Ellen Bell had told him that Muter Greyille
was like Captain Laudon. Ellen Bell bad vr,:tten to me
to say she had been bribed. [Her letters were produced
but not admitted.]
Mr. Francis—l was solicitor to Mrs. Fitzgerald. I recol-
lect the parties taking • place at Braden. I had several
interviews with them on that subject. Major Fitzgerald
made a communication to me on the subject of his wife's
health.

The Judge Ordinary suggested that there was sufficient
evidence relating to the allegation of cruelty, and the ex-
amination of the witness was not pursued further.

The depositioes of another witness, Adele Godson, who
had keen lady's-maid to Mrs. Mallet in Scarsdale-villas, was
read. She stated that she only saw Major Fitzgerald call
once. He oartainly would not have called three or four
times a week. Had seen the Bev. Mr. Bathurst, who was
Mrs. Mallet's brother, kiss her.

Miss Bathurst—l am sister of Mrs. Mallet. I visited her
at Dublin from the 15th of November, 18.57, to the begin-
ning of the May following. I was constantly with her, and
when she went out I was with her. I went • little into
society, but my ender was ill • great part of the time. I
saw Major Fitzgerald. There was nothing whatever in his
attentions to Mrs. Mallet in Dublin that struck me u at all
pya•rrtticular. I visited her at Scarsdale-villas. I saw Major
Fitzgerald there several times. He usually called on •
Sunday, when Mr. Mallet was at home. There was nothing
whatever remarkable in his attentions to my sister in
London.

Cross-exemined—Tbe major generally celled on a Sunday.
Mr. Mallet wee absent twins when he called. but be never
sew my slater alone while I was staying with her. I believe
he once celled on a Monday, but I was present.

The Bev. Wm. Blithersli-1 am brother of Mrs. Mallet.
In 1859 I paid her a visit at Scandale-villas. I went in
October or November, and I stayed nearly two months. My
health was not good. I generally occupied a beck dining-
room. For the first three or four weeks I was almost
always at home. I never saw Major Fitzgerald, or heard
his name.
Ann Broomfield was in the service of Mr. end Mrs. Mallet
from November, 1857, to March, 1859, and gen conirma-
iTevideme.
lefition Ludon—l was a friend of Mr. and Mrs. Mallet,
and visited them at Scarsdale-a Mu. I west with them
to the theatre. I recollect once going with a friend of mine
who is dead, and who &mow pealed Mrs Mallet and Miss
()Menem The fourth person in the brougham was not
Major Fitzgerald.
Cross-exambsed-1 saw Major Fitzgerald Swim in 1839.
Jowls Theobeld, book-keeper at Pollock's Hotel, at
Windermere, proved that Major and Ma. Fitzgerald were
there from the 20th to the 27th of July, 1859.
deJcomili Scott, landlord of the Victoria Hotel, Bemuses,
that they were there from the 27th of July to the
sth of Augmst.
Captain Edward Boyle made their acquaintance at the
Tussocks Hotel, in,the Highlands, about the 12th of August.
Wee. Pettit, a fly master at Eaton-peen, who had letuar
Magee to Mr. and Mrs. Mallet, said the last play job was on
the 31.6 of Feb . (Loud laughter.) It was the dist
of Jemmy, 1859. was a person named Trudgett in
witesm's employ, but be could not have driven Mrs. Mallet
to the play after January.
The deposition of Mn. Maelensiii, an aunt of Mrs. Mal-
let, wee also reed. She was Madill, at Scarsdale-villas,
and being lame she did not often lease the house. Mrs.
Mallet woe also ea invalid. Only eaw Major Fitzgerald
ones, and was premot daring the whole of the interview.
This being the reepoedent a cess,
The Queen's Advocate suggested that the speeches
should be taken on Wednesday.
Sir J. Wilde could not undertake to get through two
speeches of counsel and the summing up on V;ednesday.
Unless, therefore, the learned advocate was prepared to go
on at mice the cave must stand over till next term.

The Foreman said the jury were agreed.
Mr. Chambers, Q.C. (with hire Dr. Wambey)—No,' no,
gentleman, you must bear me.
The Jury—Then we'll hear Mr. Chambers.
Mr. Chambers thou addressed the court in reply, and re-
minded the jury that they were upon their own trial He
maintained that, wiles they were going to say that Major
Fitzgerald was mad, both the cruelty and the adultery had
been amply proved. Let them remember that there were
people who wore maths—husbands who peed at amiable
persons before the world, but who grossly ill-treated
their wires—women who were scandalously abused,
bat who exhibited before society the appearance of affix-
Norte sad happy wives. He lealotrieed that both of these
=had been dose by the parties to the suit. He con-
that the very Waltrip of Major Fitzgerald that he
had gm ales° to the Opera Comique while he wu at Paris
on his marriage tour proved him to be without the raptures
of a lever or the affection of a husband. In saying that, he
(the learned counsel) felt that he should meet with a res-
ponse from the heart of every woman, and that every one
of them in the box would have coodemned his own brother,
his own son, or his dearest friend for so vile a seethe' of a
wife is the first week of her honeymoon. Major Fitz-
preld had attempted to attribute his irritable temper to
his wounds in the Crimea, but his ows witnesses had dis-
posed of that atom. He had always bees • pandonate
man, and he was exactly the sort of person to be guilty of
the outset attributed to him. He admitted that he bad
chaffed his wife out of Punch; but the man that
would chaff • wife out of Punch would be • likely person
to indulge in the unmanly amazon about her being a
battered old 'crew," which she said he had used to her.
Major Fitzgerald denied that he bad ever refused invita-
tions for her ; but MU Taaffe said that she was "coarse."
This great family had thus from the very first turned up
their some at a serener whose sole attraction had probably
bees her wealth. He (Mr. Chambers) would be • coarse 1104 i
vulgar man far the sops, and would say that Miss Taaffe, in
that or belle observation of her's, had completely " let
the cat out of the bag." The respondent's conduct at the
Castle ball, as it stood even upon his own admission, was •
clear piece of most indelicate unkindams, sad a
clear act of cruelty. Nor had there been the
slightest tittle of evidence to disprove glee. na-
rrate averments respecting the cause of her mister.
rages. The attempt to show that they had arisen from
Literal came and not from her husband's violence had
wholly failed. After the respondent's letters there could be
ao reasonable doubt that there had been cruelty. As to
the adultery, the court had seen what bad been dope to get
rid of the nespoedeat's eonfeesiona. Mrs. Mallet, who wee
a very captivatieg woman, had been brought there te capti-
vate the jury. There was, however, oar fatal blot upon
her testimony---she was throughout flatly contradicting
Major Fitzgerald. He (Mr. Chambers) would presently
I draw the attestioa of the jury to pumps is the major's
letters ; and that if they did not think they proved the
taspondeat's guilt he would say that they were right in
wishing to return a verdict without being the reply ; but
• if otherwise, let them turn round in their box and confers
That all zees washable to en—'specially late in the mon-
ies when they wanted to get away. He would ask the jury
if this was the letter of a lady merely desiring the repayment
ofa debt which wen dee to her :—" I entreat yoa toelp me
• little. It is so very selfish of you sot ; sod if I did not
absolutely require it I sever would ask. Pray write at mice,
and seed me something before I go away te Norfolk. O.
Mays bere. If you like to see him sad May yea would be
amazed. Be more and help me. please. Whoa Miss C.
eases I truth we shall be better off.—Ever yours, (J." The
other aide had put in • cheque, but though Mrs. Mallet had
se amehe had the , who wax to prove that it ever
weal to Major ? He (the learned maul) did sot
weat to be areal, bet Ise mut confess that he thought that
the production of this cheque we all fudge. It wan utterly
isemietriet with the major's seeeveratioari, repeated over
sad over *gals, that be had never gives Mrs. Mallet Py-
thias( het • hoed for 1001. Captain Andrews had that
very morning put a document osstrialsg one of these
rittwotestetloua, which was esetaised in the billowiag tame :
ilmiair kare Oct I kase set area tie perm for two
pen, or mat a letter for owyear, mr iestrey—in all 1001.
paid, and inetroled la the 1,7001. I ewe, raised by myself.
at a ghillies of Mr. liettiewortli's money he. pas bu-
mpily. Thies bee bees so letter fur months.
" WILLIAM IL D. FrigoenaLn.
"Braden, Noe. 1861.*
Ovoid way aim (MK after all they had herd, ll* wile
nem after Muss Dad been tampered with by Mrs. Mallet ?
Oses mere be (the Iserned roseeell sited the j ii set to
Am themselves to be rna away with by ea
somae whom mho WI the wllmewbea Walt OM= tehay•

-•- • -
come oat of the fire without being scorched. There was
but one theory oe which Major Fitzgerald's innocence and
his bottom could be reconciled with each other, lamely,
that lie was insane. But they had had before them Dr. Pet-
tigrew and other withdrew who were with him during the
whole time over which the letters extended, and yet not
• soul had ventured to hint that the writer of thoee re-
markable documents was not perfectly aware of
whet he wee about. The learned gentleman than
read a number of entracte from the letters in question ; and
after severely commenting upon them, he concluded by
stating that be left the cam with the utmost confidence in
the lands of site jury.
The Judge Ordinary observed that if the ury did not feel
the view they had taken of the ease at all shaken by the
leaned gentleman's speech, it would be unnecessary to
trouble them with the evideoae ; otherwise he would ad-
journ the trial till Wednesday, end slim it up to them.
The jury not thinking this a desirable course, Sir J.
Wilde said he would merely give them a short direction as
to what constituted cruelty in the eye of the law ; and for
this purpose be read to them the oft-cited judgment of
Lord Stowell in the case of " Evans v. Evans," arid some
other rulings upon the point.
The jury without hesitation found that there had been
neither cruelty nor adultery.

THE POLICE COURTS.

NAVAL AND MILITARY.

ADMIRALTY, Dze. 19.—AnonNTMAIDTS. Com-
maadms—B. A. Parr, to the Lyre ; It. Wells, to the Im-
mortalltE.

iliatitrs— —J. G. Mongnn, to the Asia, for service in her
tender ; B. H. Haves, to the Perseus.
Sargeon—G. B. Moore, M.D., to the Battlemake.
Paymaster—F. Bonn, to the Lyra.
Paymaster's Assistant—B. A. M. Chaffers, to the Resist-
MOO.

Clerks-11. Marsh, to the Lyra ; G. J. Sparks, to the Oa
keens ; W. F. Woods, to the Implacable; T.E. Johnston,
to the Canopus.
Second•CWs Assistant Eogineer—J. Hawking; to the
Salamander.

Naval Cadets (oomioeted)—The Hoe. G. A. V. Bert* It.
D. /Stubby, W. T. Chapala., E. F. Creagh, F. H. Davies,
C. Drake, W. L. Hole, W. B. homy A. H. D. Leigh-
ton T. A. B. Maclurcao, E. E Maxwell, C. D. A. More-
head, H. C. K. Slaw, and F. Walker.

DEVONPORT, Die. 20.
James Handeock, a quartermaster belonging to
the Resistance, was tried by court martial on board the
Royal Adelaide, flag-ship, oa Saturday, on a charge of using
seditious and mutinous language on board his ship on the
13th link, such languege being a breach of the 14 article of
war. The court considered the charge proved, and sentenced
the prisoner to be dismissed her Majesty'. easTioe.

CHATHAM. Die. 20.
OLNIEHAL COURT-MAIITIAL.—A general court-
martial, of which Colonel W. R. March, mwood.reantnand-
ant of this divirion of Royal Marines Light. lefaatry,sersa
the president, assembled at head quarter. yesterday, for
the trial of Hr. Miles Monk Memrath, 8.A., assistant.
surgeon of the Chatham divisioe of Royal Marines, on a
charge of having, between the let October and 20th Novato.
ber, 1863, drunk intoxicating liquors to such an extent u
to incapacitate him for the performance of hit duties front
the 21st November to the 4th December, 1863 ; such aou-
dad being unbecoming the chater of au officer, and to
the prejudice of good order andlnracilitary discipline. Colonel
8. N. Lowder, aidarle-amp to the Queen, prosecuted, and
Capt. J. 11.1Leurem officiated se deputy judge-advocate. The
primer pleaded "not and after the examination
of Dr. C. R. Kinnear, llapaty laspeetor•Getteral of Ha-
• and Staff-Surgeon J. Moody, the court, at 4 o'clock,
adjourned until to-morrow morning.

OPENING OP THE WHITWORTH INSTITUTE
AT FLEETWOOD.

The Whitwnrtb Institute, erected by the muni-
ficence of Benjamin Whitworth, Fen.. at • east of 2,0001..
was opened en the 15th inst. by a tea and radio meeting.
The largo room was handsomely deeerated for the occasion.
and the orchestra was occupied by the band of the Rowland
family, whose performaooes wen warmly applauded by the
company. Tea was served in the large and &Irvin we of the
lower rooms, punctually at 6 o'clock, to about 460 veer.
Although only a limited number of tickets were Jena, yet
such was the interest felt in the institute that the tickets were
speedily bought up..ud in some instances • considerable
mium paid in order to obtain one. Nearly 401adies resident
of the town kindly presided at the trays,snd there were pre-
sent also a goodly number of the influential ladies and gen-
tlemen of the town and neighbourhood. After tea, a public
meeting was held in the large room, presided over by J. A.
Tamer, Esq. The chairman in an introductory speech gave
the toast "The Queen," which was received with the
greatest enthusiasm, the audience rising and joining in the
National Anthem. The Rev. R. S. Stoney, in an able speech,
bore testimony to the noble example of Mr. Whitworth.
Mr. Porter, having spoken of the great worth a
Mr. Whitworth to the town of Fleetwood, preeented
to that gentleman an address from the inhabitants,
which was beautifully written and illuminated on
vellum, and elegantly enclosed in rose-coloured morocco.
The address being read, there was a general wither* of the
heartiest enthusiesm,which having subsided, Mr. Whitworth
remarked that whilst acknowledmog the warmth of the recep-
tion given him, homily felt the erection of the institute a mat-
tarot duty. The Rev. H. Lingo, of Fleetwood, also adverted
the assembly, and eras followed by the Rev. H. Solly, eserotary
of the Working Mee's Club and Institute Union, who spoke
of the pleasure he felt in being present at the meeting.
Having alluded to the noble generosity of Mr. Whitworth,
Mr. Scilly said there ought to be some higher connexion
between employer and employed than the mere payment of
wages—that the working-man should feel there was some-
thing
else to live for besides endeavouring to accumulate
wealth. To teach this lesson was the great purpose they'
bad in forming working-men's clubs throughout the oountry.
Dr. Gray, of Drogheda, 'and other speakers, then followed,
and a vote of thanks haying been passed to the chairman.
the company separated after singing the National Anthem.