The Express.
London, England, 1864-11-17 00:00:00

LONDON, THURSDAY EVENING, NOVEMBER 17, 1864.

TEE 00DRINGTON DIVORCE CASE.

00IIRT OF PROBATE AND DIVORCE.
(Wore the Lord Ordinary.)

C0D11307.01 V. OODEINGTON MID ANDEBBO- N.-OFICIAL

MIT.

Mr. Burin, Q.C., Mr. SerjeariTh Ballantios, sad Dr.
Spinks, for the petitioner ; the QL4llOll'll Advocate, Mr.
Hawkins, Q.C., and Mr. Inderwick, for the respondent;
Mr. Pries, Q.C., sod Dr. fivrabey, for the oo•respoadent.
The petitioner, Viee-Admiral Henry John Codrington,
C. 8., sued for a dimeolution of his marriage on amount of
hie wife's adultery with direr, parses; particularly with
the corapoixiant, Lientenant-Oolosel David Anderson, of
the 22ad Foot, and with Lieutenant Herbert Si. Julia
Whitney, of the 3rd Battalion of the Rifle Brigade. The
respondents both denied the charge, and Mn. Codrington
also pleaded that if she had been guilty of adultery, the
petitioner had col:dewed to it by his wilful neglect and
minowdoet.

I have heard nothin of or from as called
and ant calWog down, I eel sa if I should
shoot oat quills all over me at the sight of one. Halt !
halt ! Mem, if I understood right, you got into • amp,
rushing into a man's room is your night-gown, with your
abed feet,. Whim could you expect—such a fear.
pretty eusgestivo—altsm ! =Mums, shall we my? It med.
my hafts stand os es& Yy stewardess mast have Ws
little Number Three with the 'ye of prophecy. I ordered
year dune loose, aria( but one termination to sash a
course. Gall ft 'Edith.' I give up to you the Manes his
mammon offered me of Laing the nuns. Connie has been
ill for a month. Emit a time I've had over since I pp
at
in this damp, unwholesome, country ; and the
Mortis sod Co. send use bore with her. Elts's just (Maio.
well. T trust my addrese holds good. I hope to return
those in three weeks and go to Goldamida, if Coati be all
right:—Ever thine, Liman."

The sees was partly heard just before the long vacation,
and it will be peosteary therefore to recapitulate at some
length the proceedings of the two days' trial which has
already takes place.
The marriage was solemnised at the British Embassy at
Fiona= on the 9th of April, 1849, the respondent being
then Mies Helms Jane Smith, the only daughter of •
geotlemen of great reepestability who had loos resided in
that city. There had been issue two daughters, who were
now of the respective ages of 11 sad 12. Is April, 1.866,
the petitioner was ordered to proceed with his ship, Algiers,
to the Black Sea, previous to which, however, he made every
arrangement for his wife's ocenfort, and at her desire Miss
Emily Faithfull, of the Victoria Press, and of Tarlton-street,
Bussellaquare, became her companion. On his return is
August, 1856, he had some small differeons with the re-
spondent, but he bad not the slightest resent to entertain
any suspicious of her 000dect. In the following spring,
however, Mrs. Oodringion refused to sleep with him.
From time to time before then she had proposed to sleep
with Mies Faithfull, on the plea that the was subject Is
asthma ; but this woe the first occasion on which she bad
=preened • determination to do so. The result was • serious
depute. The metier was referred to Mr. and Mrs. Smith,
and eventually Miss Faithfull was dismissed the house with
the full concurrence of the respondent's father. After this
affair • racket was sealed up sad placed by Mr. Smith in
the hands of General Sir W. Codriagtoa, the petitither's
brother, for the purpose, as he stated, of justice being
dome to the admiral. The seal remained to this day
un-
broken ; bat as offer was made by the respondent's advisers, ,
to produce the costal= of the parcel if they wished it.
After the dismiaml of Mies Faithfall Admiral Codrington
sad his wife lived together in Ecolestoaciquare till 1658,
the reepoedent, by her own dein, occupying • separate
room, but appearing to the world to be on good terms with
her husband. In September, 1851, he went out to Malts,
where he had received the appointment of superintendent
of the dockyard. It was during the stay of the parte= at
this place, as well as after their return to Ragland, that
the adultery was alleged to ban been committed. Beide.=
in support of the charge was gives by a number of servants
cad ether, persons ; but great relies= was placed by the
petitioner s counsel in the following letter, a draft of
which bad been found is the respondent's desk. The
letter itself, it was suggested, had been not to Colossi
Anderson. At the date referred to the reepeedeat was
living with her husband at No. 82, Fooleitothequare.
"Oct 27, 1861, dd
" What can I say to your letter T Again end ague I have
reed it over to see if I clearly understated it. Yoe tell me
you are engaged to be married to your cousin, who, if I re-
member correctly, was smeared to be married to year brother
some ewe ago. Goad klsavess I what has led you to take
each • step ? I have is vain tried to hoagies it, for your
letter gives no macre on your side—merely her ideation for
you. Sandy before you engaged youself to be married to
thyme, you were bound in all homer to write and tell me
of the changed state of your feelings. Could I feel this
proposed marriage would brier you happiness, and you lowed
your somata es you should love your wife, I should not feel
the aerie= pass I now do at your aneouecomeat. I cannot
behove in see week the noollection of the two past
years an be obliterated so utterly from your heart
as to enable you to marry another. Let me beg of
ywaswieswaty, by ell you hold sensed, by the erne-hearted
atisetios I have for you. and by the nieseety of the Pest,
think well ere you thus hastily bind yourself for life l Your
cousin's love for you is, without doubt, all that is good, and
tree, and lasting ; but unless you feel you can return that
affection se truthf ally to her, and feel bat for her what •
hothead ought to feel, it were better that you should give
bet the pease& pain of telling her so before marriage than
lawn= her to feud it out after marriage, and cameo( her
life's unhappiness as well as your own. I wail believe you
cannot misunderstand my writing thus truthfully to you, or
attribute it to any sentiment of anger or other feel:jut
the true nee--the most aurae= affection for your
Yon know well that if my life were to be of service to yea I
would give it willingly, without the lee= hentatioo ; and if
I felt yea really eared for your cousin as you abookfor the
woman who is to he your wife, I would gladly see you
haw with her, and thank Gad, for your sake, it was so.
My effecter for you has ever bees, end is, tree and un-
estfiele, and capable of any amount of sacrifice for your real
happen= Bet, from what I ken of your character, I
feel palatally entsio you are sating from mirthless mo-
tives. Impales sad oelfanerillos may be well under cereals
cireametaecee, but sot in marriage, where the mutsal
happueses of two mortal souls is at stake. The whole
too* of your letter is unnatural. You could not, is
eight dam forget oaf who up to that time you
' described as certainly he your thoughts day nod
night, solar you amen= that which was untrue,
which I know is eqeally impossible. Time aloes can effect
each a complete revelaion of feeling in say true beam
And this tnth makes me again beseech yea, wait a while,
sad see if the present sympathy on your part for your
cousin in time becomes an affectios worthy for you to Ater
her, and that will stand the wear and tear of life. Thea, id
leo, I could nay from my heart, ' God blase you is
your marriage, and give you every happiness.' I cannot
but write to you in this sadly earnest manse., with your
parting words to me the last =osier I was with you before
you started for Scotland still angler in my ears, and your
very last letters by my side. I should not be true to
you or to myself if I dui not speak honestly to you, and I
do so fearlessly. If you would write to let me know
that you really love your cousin, and that she is all in all
to you, I could by God's help foil happier, sad the
whir= pain at my heart would cease ; for then I could and
would hope yth might be happy, whereas I do not, ease=
think so now. As to the advice you give me, I would say
nothing harsh or unkind to you, but considering the subject
of your letter, and the startling anounecemeot you made to
me, is is somewhat cold and creek and, 1 confess, of the
nature of the advice the executioner gives his victim
when laying her bead on the block, ' I have to out your
head off ; e most be, so do sot theob or swerve—
it is best you should Dot, and thee my the
will make a clean stroke and sed your misery,
quickly.' As you have steeled your heart to write what
you have, believe me, the least you can say on that point
the better. There are certain crushing sorrows wherein the
heart alone knows its own bitterness, sod oily God me give
comfort. I ask you to write and tall me what an your
pleas. I wish to see you before you go out to Malts. This
you must admit is due to me. You ea= so dead meeting
me. Why so! Are you afraid of me! Haws no fear of
me. 1 shall never forget the reenact due to myself, and you
may rest assured that, =stead of being as obstacle to say
plans you form for the future, I will, on thecootrary, hit p you,
as you desire to let the peat be for ever poet. It is doubt's=
best it should be so, and I am resolved on my part it shall
be. Then are some things that under the present state of
circumstances I must return to you, sad I would wish to do
so with my owe heads calmly and quietly; also certain
matters I must settle with you before you leave England.
Believe me I am not so &torero= as you seem to Irony.
True moral courage and self-cootrol will never fail me is
the hour of said, when duty and my NOM of honour support
me. MT hearts • warm true heart, as you know I have
use ; and it will be so, I trust, with God's help, to the sod.
And I feel certain you will be happier, as I know I shall,
after this meeting, although it may be trying at the time to
us both. We shell part true and faithful }needs, each one
with • quiet heart, with no feeling of anger on either side,
bat a sincere affectionate friendship, that will last us all
our lives. I can meet you at 10, Tavitothetreet, for I
know Miss Faithfull will gladly effect anything towards my
happunee and future pees of mind, which this certainly
would costrubute to. Therefore, again I any, have no fear
of me. Besides, elthourb it pains me much to nay so to
you, for my take it is othesetry that you should make this
multi= that the world should not have it in their power
to my, 'because you were rimmed to be married. all our
intercourse had ceased. Such • line of cooduot world
inevitably throw a slur on my character. You, who
know me well, can tell what it oasts me to beg this parties
favour at your bands, which Ido =neatly. And now,
may God bless you and give you every happiness is my
sincere prayer. • Haunt.
" You will be marry to hear that my little Nell is very
with • heavy cold oo her chest. lam sadly anxious about
her. Heaven grant she may be spared to me. God help
me in all my troubles, for they oome think and heavily."
The following further letter, which had been found Is
Mrs. Codringtou's desk, and which bad apparently been ad-
, domed to her by some female tiend,..an also mind es :

_ .
Brighton, Jan. Zi, 1860.
I've written to Rouweau, dearest Helm. . . . I
cannot make out •ho you • base been so crazy about.' It
looks like ' Yotuig Prises '—Walse, do you mean? Amoy
you • }any '—tilaro mon my ides at myself. Theak

The meth hthortut widows was that of
Mn dimly Wanes, the wife of the Rev. Joshua Waste,
who bad been an intimate fried of the respondent at Malth
She mid—ltie ranpondest told me that Lientimmit Miklmay
had formed sa neforeemete attachment for ker. We had •
poet deal of eouveriation on the subject ; and I warned sad
reproved her, but I bad not then the &past ides of guilt
as her part. The alit thing that alarmed me was her
coming suddenly to my side oos night, sod swing, "Take
no 'MOO ;I am going out." She woe then is • loose drew
isg Bows. I was intethely amazed, sad rid it wee impos-
sible for her to go. She said, "He is feentic—l must see
him." I tried to dim ade her, but, finding it impethibla I
said, "Then you do sot go alose—l go with
.yes. When
she mw that I was determined, atietrid, ' Very well, I
will give it tip." She told me that I had misinterpreted
her : that I seed not be afraid about her .ththipla_auet
that she only • wished to speak to him. Mid I bad
not misinterpreted her ; but I wee fearful of the mis-
oonstruntion that woof be put upon such an action,
sod, as her friend, I weld not stand by and allow
her to do it. On • subsequent occasion she stated to me
that the sight she was sitting up lentil a very late hoar
with the admiral and Lisedensat Milithey, and • niece of
Um admiral, who was staying with them, preparing • screen
forfare bazaar that wee about to be held ; that the Admiral
was fatigued and retired before the Oben ; that after some
time they wished eseb other good night, sod retired to
their separate apartment. • tharjed as she was getting the
bed she rememberedthat she had left theethieg to the room
when they bad bees working. sad she went bath to fetch
it ; end that to bir honor the found Lieutenant Mildmsy
still there, hi elbows as the table sad his heed between
his hands. She stated that she asked him what was the
matter end why he was not gone ; that he said be wee
wretched, miserable, distracted ; that she tried to soothe
Wm bat ithffththallY ; sad that she said, "Stop • 11100141 ii
end I will got my dressing gown." She mid that she went
to bee bedroom, pat on her drowsing gown and retuned to
him ; that at last she was weary of talking to Lieutenant
MUmay sod went to the other side cd the room and lay
dawn on the sofa ; sad that Lieetioast Mildmay thee
naked across the room to her, I think I sated her not to
go
further. She mid that she had resisted him success.
• and in don( go had bitten him on the cheek.
That was the led of the story. She had also told is. that
thee she awoke to the middle of the night, and found
Lieutenant Mildmay in her bedroom ; end that be remained
there till the early morning. I was perfectly horrified at
the statement, and asked her if she had escaped insult?
Ohs answered "How can you ask me such nausea r My
ewe impost= at that time was, that the seal of infamy
wee amities set. I theta= that to amount for the con-
Camila of my intimacy with her. I thought she was
toolish—l bed no ides tku she was wieked. At a sthes-
isnot period she made soother commusionion to me. That
011011.2illiatiOa basnever yet passed my lips„ as she nude
em give her ea thomecious promise not to repeat it. Now
she has subpmnaed me to this court, I am Mewed from my
promise, sad lam bound to speak the truth. She wan ex-
piated to speed the Griming with us oo the 13th of
November, lbtiL We expected her to tea st 7. °iota*,
bat she did net some till shout half-past 8. My hos.
bud let her Is, sad teethed of coming to the
litawiag-rocen, she west up to my bedroom. She
mat word that she wanted to speak to me. My ho.
hand seat • tramp that I could not go as I was lu. sad I
ath thee man tato the room, eat down by me on the sofa,
sad whispered that she wanted to see me alone. As aeon
se my heybeod met out at the room she burst oat late
violent agitation, and mid that the climax of evil had ar-
rived. She told me that Lieutenant Ilildmay had won to
the house with her end had asked her to walk with him
before she came be. that they had gone mend to the beck
of the house, where there were two lanes ; that they had
pm up the of them sod that there the deed was onemitted.
She bed before asked a cot to repeat what she wee going
to tell, sod I had said, " Certainly sea" I was honer.
@WEIN& I pualpied end could sot meek. She psi
nu head between her heeds sod said, " Do you scorn and
loathe me? I an, lest" laid morn aad loathe her ; hut I
asked myself who was Ito out her off if the wee penitent
sod I said, " Heim, if you repeat I will not oat you off."
We conversed for a loos are, sad she spoke of the love of
our Rimed Lord for one who had committed dissents ales.
I thought that that the decigram, and I said, " Yee, but
she sinned so more." Alter a loog ccoverathoo, she wished
me good night. I Ind before frith to pretreat an further
coromunicatioo between bar and Loot. Mildreay. I had im-
plored her to break of all wane:ice with him, ad to forbid
him her house. She did so, sad that pm me hope of her
amethmeet. I advised her to seed back all the presents abe
had received from him, and though she did not do that,
she locked them all cep ; and that gave me coofideses, as I
thought there was a change is her character. f was thole-
sari/ anxious to get her away from Malta. sod I asked
her te go with us to Syracuse, sway from the fearful sesocia.
tithe &tempt which she wee thrown. lo wail did I try
to proud* Admiral Codrisgton to allow liar to go with
us. He pee as his reason for refusing, that though be
would be to trine her with we, be timid sot aliow
her top lest it should be used as • NSOSt. His con-
duct to her was kind—very kind ; and yet I should my, if
I might be allowed to make nee a the ezpreesioo, silently
reproving, as if be was dimatiefish No husband could bora
been more attentive—no husband weld have been more
kind. In the month of July, net I heard a report re.
spurting myself which WWI said to have originated with
the respondent. It gave we the greatest distress and
anxiety, sod I made up my wiled that I woad see Mee.
Codringthe about it myself. I told her that • newer had
ruched me that the thought the admirers vimts to oar
house were too frequent, and that his frieoliship for
is. was—shall I say a painful intimacy!—no, I prefer
to say that it was alleged there was on his pert too
great an interest is ma. That friendship was one of her own
forming ; it was one that existed only for her own good ;
sod I told her that I the serious she should deny the
rumour. She replied that she had never said such a thing.
sod that it was a wicked falsehood. I said. " Then you will
kindly deey it in writing, will you not!' She Lowered A Melbourne letter of Sept. 23 says :—" Some
" Oertsinly ;" but she afterwards said, " I am afraid Harry
w„" hank,
" the
station of e Dorm smith. es Hr-
the
husband) would not like it" I then suggested that
eldest boy
the should ask his permission. She hesitated, and I aid, dm°, two boys end girl, aged resinetivniT the -
boy 3 the youage the 9, the girl 7, and st , thildreo of a ear-
" Yea are not the rime to toe as yen ware ; what is the
ter• named Duff, Dff' wandered by themselves into the bush
011{1410 of it •• she " I own lam jute= of Pen
your I'oBlloooo with the children." I started at that and and were lost. They had buss sent out by their' mother, as
exclaimed, Who wt. yo. mean? }Noy shit is folly__ they had often gone oat on the same wised before, to
what do you mean ?" She h.p h.r mod. said, .. Thu =broom, and not returning before dark the punts
Limed, and a search commenced. The father, ma-
i not true—there is something more—what is it?" She did
slated by frith& sod seighboun in large numbers,
sot answer. I looked very earoestly et her, and " You . for Dig".
think I hare betrayed your confidence!' tibe said, "I do." the country in every amok*
I said, ** I Abell not undamped to answer you. Send for and days in vain. At length, is despair, the usbasses
the admiral at and ask him.. In ahmit of some aboriginal blacks was obtained, thole people
an elmost bind-bound rep
instinct in following n
hoer the admiral came is ; but soon time elapsed Wore we Pau'iming •
the very faintest tracks. The blacks soon came upon the
could speak to him, and at last I asked her to cell him out
of the room for five minutes. I had written down the fol. tr".° of the litW wanderers, expatiating, these °law°
lowing questions, and asked her if I miOt put them to her the°l°°,l do, at °re" best twig. or flattened tali of gram, on
curet things of the objects of their search. ' Hera,
husband : —"I. Have tol_d_ you anything that Helen said a aP--uNd sit down. Erg ono down, orm,
to me in coatdsuce? 2. Did tell you that she bad the
_,__°_°°°
him
shildm baptised as Roam catholic, 3. Did I tell yon "*"""g• Here travel all night ; dark ; not see that bush ;
that she war exercising a Jesuitical ithlacutee over them • I'm fill on on, sad more °b.° vsti°°s•
• Hue little the tired again ;big one kneel down ;no able
4. Has not the only desire of my heart since I have known
to rise fall lin hia face."Ths accuracy of thus readings
you been to promote sod not to disturb your mutual bappi. lb; buck.
was
afterwards
curiously
ronwhoratod
user She agreed to those question. and " Admiral, "''
the &Wm themselves. On the eiehth d y slier
1 west to ask you few things." Then I pat to blot say
id sad they wore lost, so' long after the extinction of
iligiftite:uuesptalns answered,tadmir 44"
NetyPilder, sohhiselPiaam:6oo-41.; tain.
_test hop of their sear being again sees
hi party methem. They are
[This subject, at the suggestion of Sir J. Wilds, was not r:_te.b`sTee haying-Leo loaned onil of row oe
pursued any further.] The witness added—l than asked
._;""'"
among some trees, Znijonagest in the clump
middle
the admiral if, as painful report', had reached me, be should "`
have any objection to his wife's giving tne a denial of them . ,ntrZi e
filily-eewlePP°l- his sister's They °P Mind to
in writing? He mid, "None whatever." When he mid ' d p and ern unpleasant sleep. Oa being awoke,
the eldest tried to sit up, but fell back. Hie f
this, the respondent seemed to be excessively angry and in-
emaciatd that his lips noold not cover his tear wee m
bie
diguant. She seemed, in fact, to lose all 'mistral over herself,
mid she said. "I won't do it—l won't he dictetth to." I could only just feebly groan ' Father.' The youngest,
who had suffered learnt. woke up as from • dream.
replied, "Then it is true'" A pain! some ensued. Turn-
childlike demandieg. Father, why, didn't you come
in; to me, the respondent said. " You bed bather thirty say .
emu. and ruin me at once-" The admiral add... what ror. us sooner? We were 000eing for to
The
is all this nonsense about ?" I said, "I would raUth you °der. who was almoet quite goes, when lilted
could only mum , ' Cold, odd.' No wonder, es
did not ask me r Thee the respondent stated the It little ton had stripped hereelf e her frock
dist" agaiasti the °°°"°°l tang°6lr°7l°°r°4° °Nit as the elder hay said, 'to ver Frank, foe he was
I should be sorry te repeat. Of oourse our iod4reation—
whoinr. and mane—was beyond all hound.. Dwid, • I with cold.' The children have all also, done well, and
wirwrounttsrwmwisstthbewysibfwdoehetd.tbiadeveallbo,"',„ sbaufnowof lnstraPidisceou7 nmverint, Thy
ey
ye
Zireekwithibmwatterfwdduri, anndg w, by
hole
The respondent seemed frightened, and the thinned turned Il° they were Mt, and ibis was from the Friday of eon
until the Saturday of the next week, in all aim
co his heel and went away. The respondent then gued &To and eight nightie The pathetic point, about this
Immssif mei ber gee" forgive ins fccgive Itile fad r
are obvious that you will feel no surprise
me ! I don't believe it. I was beyoad myself." I seid, Ito Wifjou write me the denial sod she said she would. thre"rogefog:gthtbee toot.* ha° produced
°redly
wish° marvelous
seenyesestiespethy
IPs her hair bet brow sad M,lgdie..l,‘ Oh _LtHsisci is this had easily at rammed some less warm and mare Width
returnyear for all my love 'or ynn • ""e° """", tory spore:esti* of little Jame Duff's coadoth Ulu ea-
tdo not like to see you kneeling to me. I will forgive you if &retie( toooey
for her. This, however, is the form the
pzuldpdroornsoisel
mate mew
his.,
u.Stiehessidrirete ,
alnadypopobwaamedwooodrots
toti..6.mhz aken, and . Jan. D.ff fined'
lc:l.yif.you have
beauea itioo: ralLrear..tithe sphroadnioLofki.l feeling of
P break off
friiiiidship with the admiral, bat I will do it so gente-
elly that no one shall notice it." She said, "If you do, I The investigation into the OfrCUMfftalll3Bll pf the
shall feel that you have not forgiven me." On the follow. murder al the sisters Ellen sad Aim Murphy, 0 His
tog day she sent me the following letter. (It was read. It wood Great, oe the 10th October, wee resumed 011.TU•11411
eventual a ostegerisal denial of the charge.) I was Ow is the Court-hoses, Balbriggan ~ before a fun beach
gusted at the words " improper intimacy" which occurred sesPetrates. Richard Murphy, the brother of the deceased,t
in that letter, and I her to give sof soother, whisk who stands aborted os suspicion of being. the
she did. After this I t that she wee truly peanut, the deed, was brought before the court in culs=r&After
bat at lest I began sot to like her remarks. Borne of them bearisg the evidthes, the prisoner was formally committed.