The Sun.
London, England, 1864-07-30 00:00:00

THE SUN,' LONDON, SATMIDAY EVENING, JULY 30, 18640',

THE YELVERTON CASE,

TO THE EDITOR OF THE TIMES.

Sir,—ln recognising with gratitude the very able and just
statement of my oase in your article of this morning, will
you allow me a short space to correct an error which most
Englishmen, together with yourself, would naturally fall
into, viz., that the decision of the three law lords is final ?
Such is not, however, the case. A Scotch declarator of mar.
riage is proved by " writ or oath," and the one may follow
upon the other. The next legal step, therefore, to be taken
in Scotland is a reference to oath of parties, until which
process shall have been gone through the opinions of their
lordships in this country will not be ratified. In other words
the High Court of Session in Scotland will not " extract
judgment."

Bad the House of Lords, at the request of my counsel,
the Lord Advocate, granted the judicial examination, then
the judgment, as you truly state, would have been final, be-
cause both methods of proving marriage would have been
exhausted. As it is, the reference to oath is competent.
Perfectly agreeing with you that it can be no satisfaction
to be the wife of Major Yelverton, yet the nature of the ac-
tion brought against me and the defence set up in answer to
mine are such as to deprive me of honour and fair fame, un
less I succeed in establishing my wifehood. The very peti-
tion of the action is such as to indelibly brand any woman
against whom it should be granted.
Against such a sentence I have struggled for six years,
and probably may for six more, if life by litigation is not
stunted. You will also allow me to remind you and the
public that the verdict of a jury confirmed by four judges is
still unannulled in Ireland, and that by the laws of my
church I am Major Yelverton's wife, and during his life
can never be another's. Such, I beg to submit, is my actual
position, and to do what is right and best in it is my sole
and earnest prayer —I remain, sir, yours truly,

THERESA. YELTERT ON.

29, Cambridge. terrace, July 29.

IECOND EDITION.

SUN OFFICE, HALF-PAST 4 O'CLOCK.

PRUSSIA.

According to the National Gazette of Berlin the
Emperor of Russia will arrive in that capital about
the middle of September on his way from St. Peters-
burg to Schwalbach. The Emperor will conduct
the Empress from this last-named watering-place
to the Lake of Constance, where her Majesty in-
tends to
time, and then to pass
through
Florence, to reside there
remain
Switzerland
t o
till near the c'ose of the year.

THIRD EDITION

SUN OFFICE, SIX O'CLOCK.

LAW INTELLIGENCE—(This Day.)

COURT OF DIVORCE.
( e'efore a Special Jury.)
CODRINGTON V. CODRINGTON AND ANDERSON.
This was a suit instituted by Admiral Codrington for
dissolution of marriage on the ground of the wife's adule
tery with the co-respondent, Colonel David Anderson, of
the 22d Regiment of Foot, who denied the charge. The
respondent, in addition to denial, pleaded that if
she had committed the adultery it had been con-
doned by the misconduct of her husband. Adultery
was also charged with a Lieutenant Mildmay, but ho was
not made as co-respondent to the suit. There were two
children the issue of the marriage. No damages were
asked for by Admiral Codrington.
Mr Bovill, Q.C., Mr Serjeant Ballantine, and Dr Spinks
appeared for the petitioner ; the Queen's Advocate, Mr
Hawkins, Q.C., and Mr. Inderwick for the respondent;
Mr Price, Q C., and Mr Swabey for the co-respondent.
The marriage took place on April 9, 1849. at the British
Embassy, Florence, as Mr. and Mrs Smith, the lady's
parents, were residents there. There are two daughters by
the marriage, eleven and twelve years old. The co-respon-
dent is colonel of the 22d Regiment, and Lieut. Mildmay
is in the 3d Battalion of the Rifle Brigade.
Mr Bovill, in opening the case, said that he should not
have to trouble the jury with any account of the first seven
years of the marriage, which had passed in a flow of unin-
terrupted kappinees. Its first check was in April, 1856, when
Admiral efedrington was ordered to the Crimea, but in
leaving his wife. he gave her a companion of her own choice,
Miss Emily Faithfull of tho Victoria Press, and they lived at
10, Taviton-place, Rassell-square. On his return in August
some minor elements of disagreement arose between them,
but it was not suggested she was guilty of any serious derelic-
tion of her duty. In the spring of next year Miss Faithfull
was still staying with her friend, and Mrs Codrington,
actuated by some freak, insisted on sleeping with her, and
leaving her husband's bed. The admiral appealed to her
parents, who at once came and inquired into the case. At
the instance of Mr Smith, Miss Faithfull was ejected from
the house, and a parcel, sealed, was deposited in the hands
of Sir William Codrington, for the purpose of justifying his
brother, the admiral. That seal was still unbroken, and
it would lie with the discretion of the lady's counsel whe•
ther it would be broken or not. The petitioner, in 1858,
was appointed superintendent of the dockyard at Malta, and
the parties lived in the official residence attached to that
post. Their habits of life, however, were not congenial, and
Mrs Codrington often stayed late at balls and the opera,
whilst her husband went to bed. But a gondola was always
kept waiting for her to carry her across the harbour from
Valetta, and the officers, amongst others Anderson and
Mildcaay, often escorted her home, During her stay at
Malta he was in a position to prove circumstances fraught
the gravest suspicion. On one occasion, after the admiral
was in bed, she desired the maid to let down the bar of the
back door, as she particularly wished to see Col. Anderson,
and when the maid declined to do so she did it herself.
Again, after an entertainment in May, 1863, given before
their departure to the officers then in Malta, the respondent
and the colonel were seen at midnight in an outer yard bye
policeman under circumstances which, if true, were scarcely
compatible with her innocence. On their arrival in England
they went to stay at Hampton Court, and afterwards took a
cottage at East Moulsey. Anderson immediately appeared,
as was shown by entries in Mrs Codrington's diary. From
this date down to October, in spite of her husband's remon-
strances, as was learned from the same source Col. Anderson
was a fiequent visitor. He in that month went down to
Scotland, and amongst Mrs Codrington's papers, found in
her desk, and taken possession of by the admiral's legal
adviser, his direction, 'I St. Germain's, near Berwick," was
discovered. But beyond this, in the same depository, a
draft of a letter had been lighted on, in Mrs Codrington's
handwriting, evidently written to Col, Anderson, and in
answer to one from him announcing the fact that he was
going to he married to a cousin. It contained these pas-
sages—" What can I say to your letter? Again and again
I have read it over to see if I clearly understood it. You
tell me you are engaged to your cousin. . . . Surely
before you entered into such an engagement you were
bound in all honour to write and tell mo of the changed
state of your feelings. . . I cannot believe the feel-
ings of the two last years can be obliterated in so short
a time. Let me beg of you solemnly, by all you hold
sacred, by the true-hearted affection I have for you, by
the memory of the past, think well before you bind your-
self for ever." The letter further solicited a farewell in-
terview at Taviton-street, her friend's house. Did this
look like innocence ? What had a married woman to do
with true-hearted affection for another? The petitioner's
suspicions were at last aroused, and he set a watch upon
his house in Eccleston-square, to which they had now
returned. The Ist of November was a Sunday. The
admiral went to church in the morning, and no sooner
was his back turned than Colonel Anderson oame to the
house, and stayed there tftrough most of the morning ser-
vice, and going away by a by-street ho net the injured hus-
band face to face. On the following day he sent to his wife
dinedo, t
G.,,
to say ho should not return that day. Left to herself, in the
evening, after paying a visit to Miss Faithfull, she drove
about 8 o'clock to 43, Pall-mall, where the colonel lived.
He joined her, and they went to the Grosvenor Hotel, where
they stopped till 12. She then walked home. In the diary
occurs this p g
2, evening—Saw E. (Emily
Fetthfu
The question with re-
ference to Mr Mildmay was an episode in the stay at Malta.
Mrs Codrington, in May, 1860, took a trip into Piedmont
lio;
afterwards
tesralveart—ds passage:—`Nov.
v a
with her parents, and was followed by him. At Cormayeur
they stayed in the same hotel, and Mrs Codrington was in
the habit of sending letters to him from her bed-room, till
the maid refused to take any more. At the St. Bernard
hospice their rooms were Opposite,
and in the night she
disappeared from her room, where the maid was also sleep-
ing. The learned counsel concluded a long address by in-
veighing in forcible language against the pleas put on the
record by the respondent; and called
General Sir Wm. Codrington, who deposed to the receipt
of a packet from the petitioner's father, and to the general
kindness of the admiral towards his wife,
G. Duck--I was in the service of Admiral Codrington in
1856, for six years at 82, Eccleston-equare, and at Malta. I
knew Lieutenant Mildmay ; he used to visit often. He often
came home with Mrs Codrington late, She used to come
by the boat. The admiral had often gone to his room.
Sometimes Mildmay came into the office, which had been
made a sitting-room. There was a screen there before the
door. They were sometimes without lights. I remember
one day, about 12 p.m., towards the close of 1860, Mildmay
was with Mrs Codrington. I saw him in the passage with
his arm round her neck. I thought he was gone. One
afternoon about three I saw Mildmay go to my mistress's
bed-room door. I did not see him go in.
The door is in a
recess. A did not see him go away, The Gondola used
occasionally to get out of trim when my mistress and Mild-
may were on board. It was difficult to row, and the boat-
man made me stand the other side to keep the balance. You
cannot see persons inside. They often came back very late.
One day Mildmay came I heard kissing on the basement.
I saw Mrs Codrington come upstairs afterwards. I heard
her say " There's some ono there." I picked up a bit of
velvet on the spot next day. I left in July, Is6l. I have
been in my present place as butler for two years.
Cross-examined by the Queen's Advocate—This first
time was in 1860 or 1861. I don't know the month. I
was after a party at Mrs Lee's. It was late; the city was
all closed. I said nothing to the admiral or Mrs Codring-
ton. I first mentioned it this year. I told Mr Bird. I
told him that I thought Admiral Codrington must have
known of it. The gondola went out of trim on two occa-
sions. It takes eight minutes across, in fine weather, with
four men. It was smooth those times. I gave the velvet
to the lady's maid, Lydia Clarke. Mrs Codrington often
complained of me. I left of my own accord.
Re-examined—l said that about the admiral because he
has eyes as well as I have. I thought he must have noticed
Mildmay's coming too often.
Sarah Nichols, a servant, deposed to travelling in Pied-
mont with the respondent and her parents ; to their having
met Mildmay at Cormayeur; to his going into her bedroom
once when she was in bed, and to his having operated on a
blister on her foot, and to habits of general intimacy. It
appeared, however, in cross-examination, that she had a
jacket on in bed, and the witness had told the attorney, Mr
Few, that she never saw any impropriety between Mrs
Codrington and Mildmay.
Robert Rivers, lately in Mr Mildmay's service, deposed
to Mrs. Codrington's having visited his master's quarters
in Fort Ricasoli, alone, about six times, in the afternoon
and evening, about five or six o'clock.
The case had not concluded when the Court rose.

The hearing of this case was resumed this morning by
the examination of
John Crocker, a cab driver, who had watched Mrs Cod•
rington, by direction of the Rev Mr-Watson. lle said—l
saw the lady riding about Loudon and Hampton-court. On
one occasion in November, 1363, I saw ter leave Taviton-
street and a gentleman joined. lie was about 40 years of
ago, which agreel with the description given of Colonel
Anderson. Ile did not know for a fact that it was that
person.

Crows-examined by Mr llhwkius, left Hampton

Court on the 11th of July. Between that time and the 16th
I was to watch Mrs Codringtcn. I did so whenevar I had
an opportunity of seeing her. I did not have intE•rviews
with Lady Boucher, Mrs Watson, and Admiral Codrington
day by day. Mrs Codrington went out frequently, and I
followed her. She could not go anywhere but what I fol-
lowed her, She did not know 1 was watching her. I
nearly always gave my reports to Lady Bouctae'r•
Sometimes I gave a report to Mrs Watson. To Admirt'l
Codrington I have given a number of reports. 1
left off on the 25th of July last, because I did not think I
was wanted any longer. I watched at Hampton-Court and
Eccleston-square, and then the lady came to London. She
then went to Sunderland House, Surbiton. I was not at
Wimbledon to watch her. I returned to what I considered
a distasteful business. I returned to it because my feelings
were appealed to. (Laughter.) Before I commenced n. y
watching I saw Lady Boucher. I cannot recollect whether
Mrs Watson was present. I watched ➢lrs Codrington from
the 4th to the 11th of September. I then gave it up because
it was an unpleasant piece of business. Upon my oath I
did not leave because I could discover nothing. Nothing
whatever was discovered during the time, which made it all
the more unpleasant to watch. (Laughter.) On the 31st

of October I received a letter from Admiral Codrington,
and I went to see him on the fellowing day at half-past
8 o'clock (Sunday). I did not know Col. Anderson, but
Admiral Codrington had told me he was in town. I was tc
watch him. I saw him with Admiral Codrington afterwards.
The admiral shook hands with him, and they appeared to be
on good terms,. There was nothing like quarrelling. They
shook hands at parting. I watched the house that day near
Eccleston-square until 3in the afternoon, when I saw Mrs
Codrington come out. She drove to the east end of Eaton-
square, where she got out of the cab, but I lost view of her.
This occurred in consequence of her getting out of her cab
before I got out of the one I was in. I thought she might
have gone to church, so I remained till the service was over,
but I did not see her again. I was to be succeeded by a man
named Topp, but I did not know him. I went on duty the
following day because he did not come. 0 n the Monday I
saw her leave Eccleston-square, but I don't know whether
the admiral was then residing there. I watched her to a
house in Taviton-street. I cannot give a description of the
gentleman I saw get into the cab. I could not even see his
face. He was a tall man about 6 feet in height. That's all
I can say about it. I followed the cab to the Grosvenor
Hotel. I was but a short distance from the door when I
saw Mrs Codrington's cab stopped. I cant say that a gentle-
man entered this cab. I know I followed a cab in which I
supposed Mrs Codrington was, but it passed the admiral's
house in Eceleston-square. I thought I was wrong. Mrs
Watson, when ahe engaged me to watch, did not give me
directions how to set to work. All she said was that it was
an honourable occupation. I know of Mrs Codrington's
desk being taken from Eccleston-square. I was outside
the house when the desk was brought by the lawyer's
clerk. I took it to a house in Chester. square. I saw it
again in the house about an hour after. Admiral Codring-
ton, Mrs Watson, Lady Boucher, and I were present.
I don't know whose house it was. The desk was forcibly
broken open in the parlour. I had my share in this trans-
action, but I suppose I had got hardened to a distateful
work. (Laughter.) I took the papers out, and they were
looked over by all. The desk and papers were afterwards
taken to the lawyer's office.

Re-examined—On one occasion I watched Mrs Cod-
rington from Hampton Court to London. On arriving in
town she entered a cab, which stopped at Simpson's, in
the Strand. A. message was lent in, and the cab then
drove to Half Moon-street, Piccadilly, and to Spanish-
place, Manchester-square. I saw her on another occa-
sion enter Ford's Hotel in Manchester-street, Man-
chester-square, and after remaining there for two
or three hours she left, unaccompanied by any person, and
left London by train for Moulsey, where she was residing.
By the Queen's Advocate—lt is quite possible Mrs Cod-
rington might have only stopped.
Frank Stubb, porter at 43, Pall Mall, said—ln October
or November of last year Col. Anderson was stopping there.
A lady has called upon the colonel several times, but she
never entered the house. I recollect on one occasion a
cab calling, in which there was a lady. Col. Anderson got
in and it drove off. It was the same lady that used to call,
It was about this time that Col. Anderson left the hotel, as
it was said he was going to get married. _ _ _

By the Queen's 4.dvocate—l cannot say positively
whether it was either October, November, or December.
I am sure it was before he went away to get married.
William Topp—l am employed by solicitors to make pri-
vate inquiries. I knew Mrs Codrington. On the 2d of
November I saw her toms home alone, on foot. I can't say
from what direction she came, as she came from behind the
position 1 had taken up. When she got in the gas was
turned off.

By the Queen's Advocate—l am what you would call an
amateur detective. We charge 9s. a day. I can't toll how
I first became acquainted with her. I suppose somebody
told me it was her. I asked a girl who sells fruit in the
street, who the lady was, and she told me. I had a carte
de visite given me of the lady. I watched Mrs Codrington
for 20 or 30 days and nights. I commenced in November.
The circumstances that were to intimate to me that I might
give up watching for the night was that the gas in the hall
of the Admiral's house should be put out when the lady
arrived home. Mr Birch told me the Admiral had arranged
that as a signal.
Mr John Anderson, second cousin of Colonel Anderson—
I know the lady the Colonel has married. The ceremony
took place at St. Germans, East-Lothian, in the August of
last year. The writing on the small piece of paper, viz.,
"Yours truly, D. A.," to the best of ray belief is in the
handwriting of the Colonel. Colonel Anderson is now at
Malta with his regiment.
Mr Bovill hero put in the diary of Mrs Codrington, found
in the desk when it was opened in Chester-square. Several
the letters were read which related to visit of "D. A."
and other engagements.
A carte de visite of Mrs Codrington was also handed in,
and Topp, in answer to questions, admitted that he had
never seen Mrs Codrington in the dress she was represented,
but he knew it was her portrait, as she was a remarkably
fine woman, and there could be no mistake about it.
(Laughter.) General Codrington also identified the por-
trait as that of Mrs Codrington, who, he said, was a person
of lively and sprightly disposition. Her manners were not
that of a foreigner rather than that of an Englishwoman,
although she had long resided in Florence. She was free,
ladylike, and agreeable. Strutt, the porter at 48, Pall-
Mall, also identified the portrait as that of the lady who
used to call on Col. Anderson while he resided at the hotel.
The Court then adjourned till Monday.

COURT OF BANKRUPTCY.
(Before Mr Commissioner Goulburn.)
IN RE RAWLINGS-THE LITERARY GA.ZETTII.

The bankrupt was a clergyman at Merstham, Surrey,
and was formerly proprietor of the Literary Gazette journal,
and to-day was appointed for last examination and discharge.
Mr Brough appeared for the assignee, and said that h•
was instructed that all the creditors had been applied to,
and none having expressed any desire to oppose, the
assignee, who was also a creditor, and had been appointed
by the largest creditor, did not offer any opposition to the
bankrupt passing or having his discharge.
Mr Commissioner Goulburn said that it was a very sad
case—hers was a clerical gentleman coming before the
court owing upwards of £2,090 without a shilling of assets.
Mr Reed said it was deeply to be regretted that such was
the case; but in 1860 the bankrupt unfortunately pur-
chased the Literary Gazette, but in less than 12 months he
found it to be a failure, and he lost all that he had investei.
His Honour said that it did not appear by the accounts
that the bankrupt ever had any capital.
The bankrupt said he lost £l,OOO of his own money.
Mr Reed said that out of the £2,000 debts now standing
most of it was from friends who did not press him ; pro-
bably £2OO would be an excess of debts recently contracted.
His Honour said he hardly knew bow to deal with such
casesovhen educated persons came before the court and
could give no account of their affairs; ought they to fare
better than ignorant and uneducated men, who pleaded their
ignorance as an excuse ? Ho thought that for the bank-
rupt's own sake he ought to file a fuller account ; but as no
creditor opposed, the discharge would be granted.
YE CUDDEN.—EXTENSIVE FAILURE IN THE IVINE TRADE.
This bankrupt was a wine merchant in Great Tower-
street, and this was a meeting for choice of assignees. From
the: statement of Messrs, Hart Brothers and Hayles, who
had been engaged in the parliamentary investigation, and
now appointed accountants to the estate, it appears that the
total deb!s and liabilities amount to £20,000, to be met by
good debts and property almost to the same amount.

The Turkish line-of-battle ship Paiki Nurset, Capt. Arif
Bey, bearing the flag of Admiral Edham Pasha, which was
towed from Spithead to Southampton on Tuesday afternoon
by her Majesty's steamer Lucifer, is now in dock at the
latter port discharging her guns, anchors, and other heavy
materials, preparatory to her going into the large graving
dock. The Paiki Nusret is an entirely new vessel, built
under the inspection of the Turkish Government at their
dockyard at Constantinople. She has come to this country
for the purpose of receiving her machinery. She carries 34
68-pounders on the lower deck, 42 32 -pounders on the upper
and main deck, and two 81-pounder carriage guns. The
Mayor of Southampton (Mr G. S. Brinton) paid the Ad-
miral a visit on board the frigate on Thursday, and cor-
dially welcomed him to the port.
In accordance with instructions received at headquarters
of the Royal Engineer establishment, Chatham, a number
of trained nen-commissioned officers and men have been
selected from the various companies on the home establish-
ment to proceed to Persia, for the purpose of being employed
in laying down the overland telegraph from the Ited Sea.
through Turkey and Persia, to India. The non-commis-
sioned officers and sappers of the Royal Engineers already
engaged in the undertaking, under the command of Colonel
P. Stewart, Royal Engineers, have proved insufficient for
the work in consequence of the unexpectedly heavy duties
and the heat of the climate, and their numbers are ao•
cordingly ordered to be augmented. The men who will
compose the detachment have been selected • from the
telegraph school at headquarters, and none but those of
robust health and constitution will be employed in the
undertaking. In addition to their ordinary regimental
pay the sergeants selected for this duty will receive
£l6 per month, tho corporals £l4, and the sappers
£l2, and will at the same time receive a step in promotion
before leaving England.