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London, England, 1826-02-06 00:00:00

points and inferring that no serious injury had been received by.!
Lady Westmeath in any 'nuance, and that none of the facts al-
leged to have occurred would warraut the Court to pronounce eein
tame for a divorce. He said the parties were metered in 1812
There was no disproportion in their rank or ages, and in every
point of view the match seemed likely to produce happineee on
bitch sides. The first charge against the Marquis was dated so
earl, as August, 11;12, only three months after the Marriage. It
wet then mated that the parties were being at Blackrock, neat
Dwlilin, and that Its bortisbip there treated Lady Irestmeath
harshly aced with cruelty. The beat evidence on this and all the
auhsequent charges was the conduct of the parties themselves and
their letters. Such evidence was much better than the testimony of
persons biassed to one party or the other. It was herpoesibleto
read the letters of lady Weetmeath without feeling that the parties
for several yea's enjoyed a considerable degree of ham-mimes. The
letter! of the 31archiovem were filled with regret when his Lordsbajle
was absent. She ardently desired his return, and expreered henieff
towards him with great warmth and affection. This was totally in-
consistent with the evidence of Sarah al•Kenzie, the chief witness to
aniquen the charge of cruelty, who deposed that the parties had
lived unhappily together from the period lie before mentioned,
when they resided at Blackrock, to the end of their cohabitation.
Such was the evidence of Sarah M'Kenzie, but her evidence should
be received with great suspicion and jealously, considering her
connection with lady Westmeath. It appeared that she had been
in lady lrestmeath's family foe twenty-seven years, and that site
had been Lady Westmeath'sconfiZential servant, in attendance on
her person from her marriage until 1818, when she and her his.
band were both discharged by the Marquis. Besides, she was
under given personal obligntiona to Lady Westmeath, who, by
applying to the Duke of Wellington, had got her husban 1 an ap-
pointment in the Ordnance, with a salary of liof. a year. The first
specific charge made natnat lard Il'estmeath was, that in the
latter part of 1812, and beginning of 1/113, he had detained her
Ladyship's pin-money. 'fhb, it was alleged occasioned great
quarrels, but it was also stated that when the Marquis hail money
he paid very well, so that it appeared beyond all doubt he had kept
back the pin-money from want of money, as his income was very
small, or from mismanagement. Sarah Ill'Kencie deposed that
in the quarrels which arose about the pio-money she had never
seen blows given by the Marquis, but she had observed mark, of
violence on the person of the 31archioness. In contreiliction to
this evidence, however, it appeared that the parties were at Hat.
field House in 1813, that no complaints were made by the Mar.
chioaesa to her mother, or to any of her own family, and that
during her continuance at Hatfield House there was nothing which
could lead them to believe that the parties did rent enjoy a high de-
gree of matrimonial happiness. But there was still better evidence.
There was a letter from the Illachioness in which she could have
no object in concealing her feelings, and in which no doubt she
expressed her real sentiments. This letter was dated the 30th Sept.
1813, and was addressed to the 31arquis. It breathed the strongest
affection, and from beginning to end there was no allusion to any
personal violence which he had inflicted, or to any misconduct on
his part. This single fact was sufficient to prove, not that Sarah
IllsKensie was guilty of perjury, but that she was labouring under
a bias against lard IVestmeath. Had the blarchioness received
abuse, or. even opprobrious language, as was stated by Sarah al 'Ken.
zie, would she have been so anxious for the nlarquis's return ?
Would she not rather have evinced her appieheneion of personal
danger. No doubt altercations had arisen between the parties. The
two illegitimate children whi:h the 31arquis had before his marriage
were the grand source of all their unhappiness. It was in evidence
that the Alerchioneso was iii the frequent habit of upbraiding his
Lordship about that connexion ; that she thought he was making a
greater &Muslim for these children than wax necessary ; and that
she was deprived of a prtion of their small fortune foe the mainte-
nance of the illegitimate children and their mother. The Mar.
chioness was admitted to be a woman of warm temper. She enter-
tained an unfounded suspicion that the Marquis still continued to
have an improper intercourse with the mother of those natural
children. Site allowed her mind to rest on these things until it
absolutely pommelled her, and the consequence was frequent alter-
cathans, upbraiding*, and quarrels. Lady Westmeath was proved
to hayed to have said that his Lordship's money went to support
his bastards, and she frequently indulged in those taunts. It was
not to be wondered at that Lord Westmeath returned such upbraid.
lags with violent language: it was no wonder if when treated with
asperity he retorted with violence ; and if he conducted himself on
some particular occasions in a manner which was not justifiable,
such conduct was not irreconcileable with the frailty of human na-
ture, nor was it sufficter.t to induce the Court to interfere as prayed
for by Lady Westmeath. It also appeared that Lady W. was dis-
appointed as to the extent of income his Lordship was to receive on his
father's death, and these two points, this and the natural children,
working on her mind were the source of all the unhappiness which
followed. Still for the first five year, the parties seemed to enter-
tain a sincere affection ; at all events, within that period nothing
had occurred which could be referred to as sufficient to greund a
sentence of divorce on. The first specific act of violence charged upon
his Lordship was said to have taken place in April, 1814. Lady
Westmeath was then within a month of her confinement, and it
was alleged that upon some occasion he had quarrelled with her in
bed, and then kicked her in the side, and otherwise illtreated her,
in consequence of which she became ill. A kick io the side at
such stage of pregnancy would naturally have made it necessary to
have medheal relief, and one would have imagined that It must have
been known to others in the house besides Sarah 31•Kentie, who alone
deposed to the circumstaace; but it appeared from the evidence of a
person named Mittman, a servant in the house, that she had never
heard of such an occurrence; and Dr. Barlow, who attended Lady
Westmeath during her confinement and was in the habit of visiting
her for some weeks before, was not cognisant of the circumsance,
and never heard the Marchioness complain of having had any hurt
in her side. Besides there was a letter front the 31archioness is the
middle of April, 1814, written in the most affectionate style, and
with an infusion of badinnge which could Dever have been inserted
bad the Marquis treated her as was described. The next charge
against the Marquis was that during her Ladyship's confinement,
be had treated her with great brutality, and that he had threatened
to go to Dublin, to settle his property on his brother and disinherit his
iufant daughter. There was the evidence of 31r. Wood to prove that his
Lordship had admitted that in a fit of folly and madnem he talked
of disinheriting Lady Roes, his daughter, but as to the charge of
negligence or brutality to her Ladyship during her confinement, it
watt completely disproved by the testimony of Dr. Barlow, and also
by that of the nurse, who deposed that the Marquis displayed great
tenderness, kindness, and affection towards his lady. Some alter-
cation had occurred about her Ladyship nursing her own child,
which led to the threat he made of making over his f"pert 7, but
the other particulars of the charge were coniplete y disproved.
Lady Irestmeath never made any complaint to her own family of
his Lordship's conduct op that occasion, and. as soon as there was
an opportunity of judging of her own feelings by her letters, it ap-
peared that what had occurred in no degree diminished hat affec.
twin. There was a letter written by her in August of the same year,
full of tendernessand affection, although it was alleged in one of
1 the articles, that in July 1314, when the parties were on a visit at
the Duke of laborer's, the Marquis struck her ladyship on the
breaat, and offered to smother her with one of the pillows. Sarah
M'Kenzie war the only witness to this circumetante. She deposed
that the parties dined out, that something unpleutant occurred, and
Lord Westmeath retaining first, ordered her Ladyship's things to
be packed up, as he meant to leave. Her ladyship was incensed
at this proceeding. Ills Lordship was locked out of his own room
for an hour and a half, and when he was admitted a quarrel en-
sued. It was probably in preventing her from scenting her loud
upbraiding% that Lord Westmeath inflicted the hurt. There was
nothing, however, in this circumstance to show that his Lordship
had inflicted intentional violence. It was alleged that in 1815 the
Alarquis'a violence had impaired her Ladyship's health ; but in her
own letters, written at that period, she seemed desirous of removing
his anxiety on that score, she said that she had consulted Dr. Peeve-
val, that he was of opinion the pain in her side was not rheumatism.
and that he thought she was not well, but that there 11113 not much
the matter with ha. This was not the style in which her Ladyship
would have written had she believed that her illness proceeded
from her husband's misconduct. She made no allusion whatever
to this in her Inters, but there was a letter of her's of considerable
length, in which she adverted to the natural children, a subject on
which tier mind seamed to rest until it had become a disease. This
letter was dated in Aug. 1815. It was stated upon the testimony
of Mr. Wind, that ameeting took place at the Waterford Hotel
in Sept. 1813; that the Marquis and Marchioness were about
to proceed to l'aris, and that 31 isa Wood was about to accompany
them, but that some serious misunderstanding occurred, and that
Lady Westmeath expreesed her determination of getting a legal
separation trnm ices lardahip in consequence of his misconduct to-
wards her. Notwithstanding this statement, it appeared that Lady
'4 esuneath aari 311 es Wood proceeded to Englend in the end of
Sept. 11115, Lord Westmeath remaining in Ireland, and her Lail/4-
ship, soon after her arrival in England, wrote to his Lordship in
the most affectionate manner, consulting with him respecting the
purehaseof a dianiond necklace which was offered for sale at a stem
of 4iPl. This feet was in direct opposition to tho evidence of Met
Woe!), as was also the circumstance that in the month of Decem-
ber, in the tame year, the parties, attended by Miss Wood, pro.
cceded to France. In France thme was another act of personal
violence, charged upon the evidence or Miss Wood, who, as well
as her father, appeared to have a strong disposition to support her
Ladyship's case. Miss Wood stated that she and leely West-
meathv:ere in the room of a small inn at Granvilliers, on the road
to Paris; that Lord Westmeath desired to enter the room, but was
detained outride for a few minutes, and when he came in lie struck
Lady 'Westmeath a blow which staggered her. MiA3 Wood did
not recollect that there was any provocation for this alleged violence,
hut Janet Serree, who also deposed to the fact of a blow having
been given by his Lordship, added, thaiher Ladyship led con.
plaited of being brought to a house which she said was little bet-
ter than a brothel, and was unfit fur any one to stop at. No doubt
something had occurred at this place which did not niece the eye,
ncr was contained in the depositions of 3111114 Wood and Janet
Serra. The blow was net followed by any Periwig conse-
quences, and It was not possible that it should have been
given with the violence, and under the circumstances stated.
It was admitted that the. Marquis's conduct on the paleage
when the Marchioness was ill was affectionately tender and sewn-
thee. This was utterly irreconcilable with the cruelty which the
Marquis was shegett to have committed shortly after. During the
continuance of the parties in France, from December 1815 to Sep-
tember ICI4, there was no act of personal viulence charged upon
the Marquis. It appeared that the 31archioness participated in all
the public amereinents of Paris—that she was in the frequent habit
of hunting, and, except when prevented by temporary illness, par.
took of all the amusements and pleasures consistent with liar sta-
tion. Lady filengall and Lord A. Hill deposad to those facie,
and their evidence completely negatived the assertion that the
Marchionesa, when In }'ranee, was suffering under ill health, in
consequence of the viefeece and severities inflicted on her by the
Marquis. In the beginning of the year 11117 the partieswent to live at Saville-row. There queerest and abuse were