The Express.
London, England, 1863-12-17 00:00:00

CRYSTAL PALACE COMP.LIVY.

After our report left yesterday,
Coloud Youno objected to tees admission oo the Sao-
days a. toadied to dimisielt the receipt' of the cou3pany on
ether days.

Mr. Warrwooo thought that the staff might be reduced,
and that then might ha fewer superntoodoota.
Mr. limn warmly supported the :Saodsy opnine of
the plea., and thought it ought to extend to the public
gramrailv.
The OILMAN briefly replied le the different apreirnia,
and minceseef thug the poultry 'hews would set ha
repeated. With nipset to the iamb ha behead diet the
Sacred HatuKlaill Seelety had lost by be arrangement. with
the
rruifir o withdrew hie antindeneet, and the report
was unanianowily defiled.
Colossi Young'. inetien, beteg iwformal, was milked few
next roveliag. and She preseediep tormientad with the
election el Mr. J. & Nosentli as a director of the ear
puny, sod the need vete el drake to the chairman and
dirseetne.

Lome = GietereALOlCentie CoN7e/ee(Lrwirrete),..
Trak receipts ter the week seam Dee. 13, 11,3551. 13s.
lionnINAN'S TRA is cholas and strong, moderato
to price, rad wholesonie to ass. These advaatage. have nerved
doe die Tea a proem! geedersatta It la mold la patina b Meg
••••••—i•diaamalumune

THE Expß

tab) Intellignue.

EQUITY COURTS.—Dsc. 1&
(Before VionClumosller Weed.)
READI V. WILL&
Mr. Ron moved esparto on behalf of Mr. Charles Reid.,
the novelist, for au uQuoction to restrain the defendant,
the manager of the Southampton Theatre, from performing
a play iotringing the copzright of the plaintiffs tale of
" Never too I. to to Mend, founded on his play of Cold.
The Vize-thaneellor granted an interim order on the usual
terms.

COURT OF PROBATE AND DIVORCE.
Dec. 16.
(Before the Judge Ordinary.)
FIT2e.gIiALD V. PITZOIII.II.D. —SPECIAL JURY.
The zetitiour continued after our report left yesterday :
—On March •Ji. 1859, we removed to a furnished
house io Chester-street. 1 was then near my con-
fluomeist. Major Fitzgeteld came to Pontetreet on
the day of the removed. I asked him to dine at the
club that day, but he refused, and I went out in the
nonage to order things for him. I did not get beck to
Chester-street. till after dark ; and I then found Lim in the
parlour livid with rage. He slammed thedoor to, andasked me
where I had been ! I asked him to let me go upstairs, but
be swore at me, and said I should hear all he lied to say.
' I attempted to lave the room, but he threw me back on a
chair and locked the door. He cursed the day on which he
had first seen me. When he threw me down I immedi itely
felt sick. The servant came to the door and knocked. Major
Fitzgerald called nut that it was nothing, and took me up-
stairs himself. I was very ill, but he entreated me to go
down to dinner jo tlAt Ehe gignote might not know
that used been a row. I was in 15oi or lees
after that for three weeks. I was attended by
Dr. Perry two days after I fell on the chair.
I did not tell him what bad occurred. He asked me
whether I had suffered any violence, but I did not wish to
tell him that my husband bad killed his own child, for I
hoped that what had occurred would improve his 000 duet
without any exposure. When I told the respondent what
had occurred to me he turned very white. I was confined
of a dead child three weeks after the occurrence. I was
attended by Mr. Pettigrew, the brother ot Dr. Pettigrew.
Before then the respondent bad consulted Mrs. Mallet on
my symptom., and she told him that it would be all right ;
and then be behaved much the lame as before. The child
was born dead, it having died, the doctor said, three weeks
before. I was obliged to go to Tunbridge Wells after my
cioafineusent Major Fitzgerald came to see me term While
I was there I saw somethieg in the newspapers about the
Mallets, and I spoke to my husband about them. He said
he should still visit them, and that I might leave him if I
pleased. Mr. Mallet had called and left their cards. I
told the respondent that if he would give up their an-
quaintance, which was very offensive to me, I would re-
turn their call. We went to Scotland in July. On the
way he dew into a rage; I an hardly say why, for his
passion was generally without rhyme or reuse. He took up
• cushion. 1 begged him to curb his temper, and reminded
him of the disastrous consequences which bad flowed from
it in Chester-West. He said that he knew that be had killed
the child, and that I was • fool to live with him • day
afterward'. In January, 1860, there was a yroposal to pur-
chase a country residence at Braden, near alalmesbary. I
went with him to the solicitor to our marriage trustees, Mr.
Francis, to get the money. Major Fitzgerald was exceed-
ingly angry became Mr. Francis told him that the crewel
be would get with me was 10,0001., my father having •
power of appointment over the rest. lie left the house in
• rigs, saying. " It would be too d--able to have you
with only 10,0001." 1 was again made ill. le May I was
prematurely confined, and the child lady lived 36 hours.
We afterwards went to Norwood, and in November, 1860,
we went to Braden. From the Ist of January in that year
be had not slept with me. That was at his desire ; sad be
never did enter my bed again. I told him that his 000duot
was extremely cruel to me. His reply was that no woman
was worth having after thirty, and that • woman after that
age was like stale fish. When I begged him not to cut down
some favourite trees he celled me a viper, and said he
prayed to God to get rid of me. Inn upstairs to my room.
Ha seized me by the wrist, and threw me about the room.
He almost dislocated my 'boulder, and I had spasms that
night. I was ill for two or three month'. He once told me
that nothing would give him greater pleasure than to thrash
me within ae Web of my life. The name sort of thing hap-
pened several times. My wrists were blackened, and he
forced his nails into me. I once told him that I should not
live lug if he treated me so. He replied, "Oh es yLm
will ; you've had enough to kill fifty women already.'
(Laughter.) My father and mother came to see me at
Braden, and I returned with them to London. I went at
their request to Dr. Pettigrew. When I saw him I burst
into tears, aad be then made &statement to mw I saw him
• few days afterwards, and while I was talking
to him some letters were brought in. He
me two in my husband's handwriting. I gave
them to my father to read, and sever re-
turned to M ijor Fiwa.M afterwards. I was at
Dover with my father mother is Out, 1861. Major
Fitzgerald came to mew the steps of my father's house
there. He rushed up to me, nixed me by the arm, and
dragged me down the steps. My mother said she would not
have any of that violence, and begged him to go. She wee
obliged to send for the police.
By the Queen's Advocate—l first met my husband at
Malvern, where we both stayed at • water cure. I bad
known him three or four months when I was married to
him. Should say that be began to treat me ill two days
after the wedding. My life with hint was wretched. I
requested him to take me about in Paris ; bat he said it
would bore him to do so. Before the marriage he told my
father that he owed 1,5001. -, and my father. who wee
very partial to him, said that be would pay his debts ; end
he seemed to understand that my father promised to give
him a cheque for 1,5004 on the wedding day. There was
a sum of 8,0001. settled as me at the death of Lord Wit-
limn Fitzgerald, and in the meantime my husband received
1001. a year from his father. His pay was about 6001. a year.
The settlement made on me by Lord William was to go
from mew three cooditioas, one of which was if I left my
husband. My husband constantly called me offensive names.
I never used improper words myself. I never told my
husband that I had no wish to go into society ; on
the contrary, I complained to him of being kept out of it.
I am not quite certain whether the letter produced is in my
handwriting ; the handwriting of ladies is so much alike. On
looking more closely at it I have no doubt on the subject. My
husband's cooduct at the time it was written wee cruel,
though he did pay great attention to me at the time when I was
ill. My mother +seaways ea bed terms with my husband;
be always disliked her. My father was on rood terms with
him tilt the last two years. Dublin society had not much
attraction for me, for I had no opportunity of mein it. I
did sot know that there was say losairipg—any unkind end
indelicate gossiping—about me. never told Mn. Doherty,
• monthly nurse, that I never wished to have a child, or
another child. I never told Mrs. Doherty that Mrs. Mallet
wee a devil. I complained of my husband to Miss
Julia Tufo, and also to my mother, bat I was not
anxious to tell much about it. Miss Tufa said
to me, " Never mind. Many men that begin with hating
their wives end with loving them better than other
people." Never beard my father say that my husband was
a Florence Nightingale in trimmers. (Laughter.) It is quite
possible that he may have said so. He always represented
himself to ha very attentive, and he was not contradicted.
He was generally very cruel to me at bed time ; then when
ha sow that I was very much cut up he would grow kinder
to as ; then when he saw I was getting better be would re-
commence his unkindnees. I repeat that he was both •
kind and an unkind man to me. (A laugh.) I may pos-
ably have written a confideotial letter to my brother-in-law,
Mr. Frederick Fitzgerald, complaining that my husband
had not reoeived the same sum from his family as other
members of it. The letter was in answer to a speech of his
to me. I never wrote an eponymous letter to any one in
my life. I never wrote the letters handed to me. I am
tolally ignorant of them. My lashand's anger in Charles-
street wee because the grow bad not mot the mediae in.
I charge him with having on that maasion caused the death
of my child. Whim Dr. Perry attended me he examieed
me roughly, and pre me mote pain. I did out say that he
had awed the death of my child. Major Fitzgerald said
that ; I remarked. "It may have been so."
I adopted his statement because I wished to berme
my husband. I know Lady Anne Shersom the sister
of Lord Townsheod. I *ever told her tbat Mr. Perry had
done the mischief. I will swear that I have no recollection
of sayieg anything of the hied. I talked to Dr. Pettigrew
as the subject but I sever told him that Mr. Perry bed
sued the child's death. I never conversed as the subject
with His, Caroline Temple, the landlady of the house where
we lived. She never told me that she thought I should
never have • chili live because I pet myself into such pas-
gem I never told Miss Johanna Taaffe that I could have
brought an action against the doctor for murdering the
child. I remember telling be. that there was an intimate-
tine on ite head which accounted for its death, and that
Major Fitzgerald thought it was ovine to the ILSDINif in
which the doctor had handled me. H ijor Fitzgerald was
certainly not careful of me when I was pregnant. Mr. Fiu-
me volunteered to come over from Ireland with me ; but I
do sot know that be came at my hothead's request. My
husband told me that it was very kind in Mr. Fieucage to
come so far with me as Holyhead. When I was in England
I went to the drawing room. I was presented be
Lady Hailers. my husband's cousin's wife. My husband
sever made the least objection to my going to court. 1
I liked Braden very much indeed. It was purchased with
I my money, and my husband went down a month before me
to get the place nady. I ascribe my premature coneseseast
entirely to the cruelty of ray husband. Is &dosing the
theory that Mr. Perry had injured the previous child, I may
=Ably have gee. se far as to say •• Well, I think he
I sever told my own mother what had really hap-
! Pod end she always thought it was Mr. Perry's fault.
flare was so memo why my -husbead should have occupied
a separate bed, except some five or six weeks dune( the
of the two years he kept away from is room. The
sparrel which (odd te his hurtle( my ahealdee, sad
giving me spasms, arose out of a request of his te me for
Wee sous& He plied me to give him the mos to buy
comb for die of the village, and I merely saute him
that I should like to distribute it myself instead of basilisk(
it tote clergymos. He lbw In • rage with me simply far
thst. I bare sever esiimited evidence myself far this wait.
I west to Mr. Fielder he the autumn of 1882, sod be re-
Sawa all tilt Priam tin he headed them to Mr. Capes.
My mother has takes so part in these pmosediap what-
ever. I have semi • whams awned Elizabeth Beaufr4re I.
Paris. Yrs. Swan an old espant. had se interview with
biz at the hotel Clielesul, sad afterwards brought bee to

ESS, THURSDAY IV

London. Madame Beaufr.,re complained to me that her
daughter had been so persecuted by the respondent to pre.
vent her from coming to give evidence, that I thought
rrgbt that she should have some protection. I went to
see a witness named Kelly, who has sines died. I was told
that be wee dying, and embed to see me. I took him what-
ever I thought the poor man wanted. He had been butler
to the Mallets. I have seen another person named Hop-
kins. She is out of her mind in consequence of the persecu-
tion to which she hu been subjected. I met her near my
residence in Chepelttreet, and asked her to come and
900 100.

Re-examined—l have never spoken to thewitoesais, or
' told them what to say. If I saw them it was on the distinct
understanding that the subject of their evidence should not
be mentioned between us. When Besufriae allO to Folk.
stone, Mrs. Swann found &detective employed by my hus-
band waiting for her ; so she brought her up to town. Mr.
Capes told use not to go near Kelly, but I did nut like to
refuse the request of a dying man. All I pave him was
two spples, a bunch of grapes, and • biscuit. Hopkins bad
been a cook in my service, and a witness on my side, both
of cruelty sod adultery. In the letters I wrote to the
respondent's sisters I spoke of my husband in terms of
affection, because I did not wish the interior of my home to
be made public, sod bemuse while I was with him I did not
wish to iujnre his prospects with his father. That was the
reason why I did not speak to Lord William Fitzgerald on
the subject I spoke to no one about it except to my mother,
and to her only partially.
Mr. Perry • surgeon accoucheur, described his interview
i with Mn.s Ftzgerald. sod deposed that the child was dead
when he was called io to her. Witness's treatment could
not possibly base injured it.
The court then ruse.

COURT OF BANKRUPTCY.—Dec. 16.
(B,k Rr, Ccomillintr Cosibure.)

IN HE SPARHAN. -CASA OF AN ATFORNIT.-JUDONINT.

The bankrupt, an attorney, of Disunitelletrost, recently
applied for his order of discharge. Debla, 5,0001. ; easels of
trifling amount.
Mr. C. K Lewis supported.
Mr. LinkLtter opposed on the ground that the bankrupt
had received money on behlilf of a client, Mr. Lockingtoo,
and had appropriated it to his own use.
His Honour said the me was one of much importaece. It
was an instance of an attorney. who was placed in a position
of great trust and confidence, having so conducted himself
as to subject himself to severe reprobation and censure.
The bankrupt had begun practice some years ego
with something of his own ; he borrowed money of
relatives which he had to repay ; and the consequence was
that be had been going backward ever since, and Dow ended
with liabilities of 5,0001. and not a farthing to pay anybody.
It was alleged against him that he had contracted Mr.
Lockington's debt without probable means of payment, and
that he had been guilty of unjustifiable extravagabce in
living. It was perfectly plain from the evidence that this
man had been in a hopeless state of insolvency for eight or
ten years. and that he had no reasonable ground or expec-
tation of being able to pay any of the debt. be had recently
contracted. He had been employed by Mr. Lookington to
sue some debtors, had received 401. on that petleiaan's ac-
count, and had applied it to his own nee. It was some-
thing startling to hear of a solicitor thus appropriating his
client's money, be being at the time in a state which made
it quite plain that if he appropriated it for the
moment, he would never be able to repay it.
Everybody must admit that this conduct was frau-
dulent in the highest degree. By the bankrupt'. own
admission—tfor he was very candid)—he had been hopelessly
insolvent for several years ; sod he said that he was a little
better now than he was seven or eight yean ago. He now
owed 5,07.31., and gave up W. li.. in furniture, on which
there was a claim for rent. This was indeed a sad case, but
one which must be visited with punislimeet ; beeause if
solicitors were to err in this way, it would be fatal to the
relation of attorney and client, and it behoved everybody to
try and keep that as pure and untainted as possible, for if
it were to be polluted by conduct of this kind, there would
be an end of that free intercourse which took place between
men and their confidential solicitors. The court was clearly of
opinion that this man had contracted debts without reason-
able or probable expectation of being able to pay them. His
personal expenditure had been at the rate of 5001. a year
for the two years preceding the bankruptcy. In his
circumstances this must be held to be unjustifiable extrava-
gance. On those two group& the court would suspend the
order of discharge for nine months, the bankrupt to be
without protection for six months ; but protection would
be given for one month to give the bankrupt the opportu-
nity of appeal.

'-elkrING, DECEMBER
William Cash, Barre, and Hallett were each sentenced to
five years' pawl servitude, Giles to three years, and Partite
and Colo to two years' itapmoninent, with hard labour.
The lenity of the sentence wotouilhed a crowded court.
This can coecluded the business of the amiss, and bie
lordship lift for Maidstone.