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

THE *XPRESt§,

nit v. Whlte ; and Mr. George Lake Russell for the trustees
of the settlement.
The Viee-Clutocellor mule a decree according to the above
stated minutes.

COURT OF QUEEN'S BENCH.—Dec. 19.
After Term sittings at Nisi Perms, at Oundball.—(Before
Lord Chief Justaoe Coakburs and a Special Jury.)
UNDSAT, M.P.. AND :4011118 V. cairaLET..

The further hearing of this case wan resumedthis mora-
le", when the evidence foe the defence closed. Several ad-
ditional witnesses were examined in the course of the day,
who deposed to the facilities that existed at Simoe's Bay
for repairing the Harbinger, and that steamers traded Le-
gere.' that by and Algoa Bay which would have taken her
round—the effect of bilge water and coal dust on rivets
according to the quality of the iron, and that there would
have been no difficulty in stopping the hole when the vessel
wee afloat.

Mr. &will then replied on the whole of the ease, in the
course of which the learned coined referred to the position
of two of the jurymen. He congratulated them at
having so far arrived towards the ooncluaion of their labours.
It was no doubt a painful thing to sit so many days to
listen to the reading of each a men of paper, but it must
be more painful to one of their body who would perhaps
have to decide against a relative, and to another of their
nurtber, who, although not a artaer with the plaintiff,
was in some degree interested in him ; yet the defendant
had the greatest coofidence in their honestly discharging
their duty, from the high position they held in the City of
London.

The learned counsel had not concluded whim the court rose.

COURT OF PROBATE AND DIVORCE.
Dec. 19.
(Before the Judge Ordisary.)

FITZGERALD r. FITZOIRALD.-7CLOSE OF THE TRIAL.

Captain Mallet cross-examined—The first time I heard
that my wife's name was mixed up in this nafor-
tunate affair was at the beginein of the present year.
I did not employ any attorney myself. I left the
matter in the hands of Major Fitzgerald'a lepl ad-
visers, the idesua Freehand. I have myself seen
the witnesses Pearson, Mrs. Hutson and young Henson,
who told me his father had been trying; to bribe him. He
came to me to make a oufession. I went to old Herson's
house to see him. 1 also saw Mrs. Bromand. Neither Me.
Mallet nor I have gone about seer witnesses. I went to
none but old Benison. My wife disdain to me that she
has written letters, but she did cot do so with my know-
ledge. In Dublin, Major Fitzgerald used to rine and sit
in my painting room, and dine with us. My wife and I went
into Dublin society. We attended all the festivities at the
castle. My wife never went out fora walk or a drive with-
out me. She could not walk in the street aloes. She
orsisionally went out fora chive with other ladies. We
could not afford to keep a carriage, and we rarely hired one.
I believe she never went out aloes during the whole time
we were in Dublin. I was laid up in Dublin for
a short time. In June I came over to Loudon to
pus an examination, but I left Min Liiroline
Guinness with her. I have often paid visits nose. Major
Fiagerald used to oome and take me out ; for I never
would leave my painting unlade he came. lam alluding to
the time before hie marriage. Alter then I rarely went
oat in the day time. Mrs. Fitzgerald was not very inti-
mate with Mrs. Mallet. Mrs. Fitzgerald used to make
up to her ; but Mrs. Mallet thought her very vulgar, and
rid riot like her. Mrs. Fitzgerald was always paying com-
pliments to Mrs. Mallet, but she was not always calling on
her. When Kelly left me Igm hint a good character.
People are often derived in servants. Kelly was employed
u a footman. I had quite a large house in Dublin emetic,.
My establishment there consisted of Kelly, a cook, and
two nursemaid,. Certain depositions of Kelly were placedin
my heads. I took him into my service • sewed time,
because Major Fitzgerald had written and told me
that he was out of place, was very poor, and, in fact, was
starving. He was postal man-servant to me in Scarsdale-
villas. I left that place at the end of 1860. There were
blinds to the parlour windows there. The flye letters pro-
duced are in Mrs. Mallet's handwriting. Hemsou, sea., was
• errant of mine. He erne to me when Kelly Int, and
stayed till Marsh, 1860. He used to go out with Mrs.
Mallet in a hired brougham. She hired a good many
broughams to go to the theatre when she had ladies staying
with her. Captain Land= used to visit us • good deal. He
used to come with his friend, Captain Buchanan, who was
paying his addresses to Mir GUiDall•L
Re-examined— I went to old Hammon because I had beard
that he had been bribed to give evidence agree Mrs.
Mallet. I west to ask him if he had anythieg to say against
her. We had a conversation, which was written down. I
gave Hereon a character as being honest, but he was very
bed tempered and quarrelsome. He had knocked the cook
down. (Leallaw-)
Mrs. Otorgiaa Mallet—My maids. name was Bathurst.
I was married to Ur last wirer in the year 1 RE.a, and we
lived in Dublin Castle, when my husband bad an official
appointment. I remember Major Fitzgetal, ranee to our
here with his wife. He had previously bees a gear friend of
my husband's. The woman Brufrire sere saw Major
Fitzgerald in my house io her life. She therefore err
raw him in my bed-room, or kir me. There never was any
improper intimacy between Major Fitzgerald and me. The
letter of mine which has been put in was money.
I bad lent the respondent 251. previosed7.44ra written
before that.

--6Malii7x;mined—l knew Major Fitzgerald before his mar-
riage. There was no coldness between as after thee, bat
we did not see him so often as we had dove before. We were
in Dublin three years, sad we left it is July, 1866. I bad
left Dublin myself in the scrim of 3857, and I bed bees in
Foelaad till November. I saw Major Fitsprald twise is
the July of that year, once at the theses', and case where I
was residing. Major Fitzgerald retursed to Dublin in
December, 1857. My husband met him in the street, sad
brought him borne with him. There never was any kindness
between Mrs. Fitzgerald and me. I am not aware that she ever
denied herself to me. Major Fitagezald never gave me a fan ;
bat ho has made me a few trifling primate, though neversinc•
his marriage, with the exception of a boggiest which he
once gave me. I did not use it, because I happened on that
occasion to have another. I lent him the 251. in July,
1858, and be has never repaid me. I have never asked him
lot the mousy by word of mouth ; but he hes two or three
times edootasted apologies to one, and has stated that the
3.116•011 why be did not let go have it was because he was so
badly off. On those occasions we were either alone together,
or my children were with me. At the time he spoke to me
about the loan I told him that it was of no cossognosoo. I
have never seen him since Jane, 1860. My elder &Ursa
are always with me. The respondent never pee me or
sent me a farthing in his life. He never gave we 1001.—
certainly not. Never. 1 never maw him in 1861. Ire-
member distinctly the last time I saw him. Hs was going
away into the country. He told os when he was going
away to write to him at his club. I cannot moonset how
many letters he seat la lie never pee ow a Load or
security. I don't know what a bond is. I first Lama in
February, 1861; that my letter had been handed to Mn.
Fitzgerald. I did not ems Dr. Pettipow about it. I have
seen most of the trimmest cis my side, beams they bad
been my own servants.. Most of them came to
me. When I hoard of this cans I pee their wises
to Mr. Freehtield. Most of them came to me
to express their sorrow at what had occurred. I
have never seen Hanson limos he left our lorries till this
morning. Have written to him two or three time.. The
letter produced is in my handwriting. My husband desired
me to write the first letter I sent to him, in order to sake
him come to speak to him before he left home is the morn-
ing. I knew Kelly. I was shown bin deposit os in Fe-
bruary last. I sever attempted to get Henan* to alter
his statement. Oh dear, so ; bad Bose to give against
me. I should not look on anything I did to that light. I
had heard that he was going to invest • great deal sipinst
me ; bat I did not know that he had actually said anything.
He said he would invent nothing spinet me if ray (amity
would give him a portership. The letter produced in
another which I wrote to him. Major Fitzgerald errs Ave
times in my house while Hamm was with us. Hamm
would not come to as, and therefore my husband west to
him.

The following letter of the "'Aeon won then pat in and
road :

"liamson,—l WWI most particularly to speak Wpm, aad
will pay your °within, if you comae at 10 o'clock Aber
Thursday or Saturday.—Your, "6. MALI"
" I+3, Pembrolcaroad, Wedaneday, Feb. &"
..

.
'' Hemsost,—l never mid yes swims Kra. Fitzgerald, bet
we know precisely what you have bad sod been prissiest by
portions who act for her. Every single word of Kelly's dis-
gusting assertions is tales. You have not given the same
statement to others as the true ooe you made to my hue-
Med. I can sooty repeat I could not have believed you to
be so very wicked.—Yours, "G. Mouse'
" Bentsen, —I oily yesterday was told the full extent of
Kelly's tuventioos, namely, that Him Mary and Mother Ors,
villa were Major Fitsgsrald'a Now, I sever lam Mt till
your months before Moe Mary's birth (1886), sod as we all
earth to England is the early mist of 1857, leavin
_lleZ
Fitzgerald in helm!. I wee sat with% 300 miles of kft
eight weeks before !foster Greellle's birth is 18511. I say
nothing bat what se be clearly proved. Whoa you and
Keßy tried to moose your dotes you were met mune-
meal, as all people who invest are. Ido sot the wlieLge!
should have nothing to do with the rasa; ff you sire
less you have only to tell the truth and all you saw. I
Kelly
is I firmly believe, punished mash where he is. Had
been accused of murders, for It. he would have tried to
prove me guilty. —Yours, G. Mauro."
" Captain Lodes la to be oallogl by as. We con prove he
was with os quite six visite base of the major's."
i i•Heraeoo,—l received your letter, end think yea easy or
tipsy to repeat such rubbish. Every word of Kelly's story
was so clumsily invented, you tassel pat trust Is anything
he said. I sever to my life bith him any mosey, but I
' gave him Is. by request et Mr. Mafia when he said be was
starving. I bed from my books 475. was the anneent in all
he ever had as presents. be to his saying be wrote to the
kds you mine, it is nay disproved. My nephew le going
to be married to her daughter. KIM Bell is too trothM to
have mid what you assort ; though ask right if sketheftht
there was no more likesses is my WM to ass Ms
another, there beiog r burr theibility of hie br.eis:g like
either. Is 1860 my rid re wee takes arab mar orbs
of Ma Master Oreville brz.4.4%.:1d, who i• sad.
. farm. lo lifootor area. • same is Wil.
Jim, and be would always have bees ealled so, had or
Colossal Mork died. Wham yes roatid Kelly sled ;Waled
bin, with what Mrs. T dineir re bath to my, hie
invented all thrordiegly. No respestablis earthen we bed
(and they sees rimy) ever mow or brad at the.. mad
err used to gar resettrat a Jaime mama