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

THE SUN, LONDON, THURSDAY EVENING, DECEMBER 17, 1863.

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary and a Special Jury.)
FITZGERALD V. FITZGERALD.
The further examinnation of witnesses in this extraordi-
nary case, the opening of which will be found in another
part of The Sun, was resumed this morning.
Mr. Chambers, Q.C., and Dr. Wambey, were for the
petitioner, Mrs. Charlotte Fitzgerald ; the Queen's Advo-
cate, Mr. Huddleston, and Dr. Spinks for the respondent.
Mr. William Bettersworth, father of the petitioner, exa-
mined by Dr.Wambey, said—l was present at my daughter's
marriage with Major Fitzgerald. I was at their place at
Braden, in August, 1861, and my daughter left with me.
In the same month I had a conversation with him on the
beach at Dover, relative to Mrs. Mallet, and I asked him if
he had had any intimacy with her since his marriage.
Major Fitzgerald said, "I won't tell a lie ; I have." I
asked him how he could have anything to do with a women
11 years his senior, and the Major denied she was so old.
Cross-examined by Mr. Huddleston—l resided at
Brighton about six years ago. I went from thence to
Malvern, from there to Dover, where I met Major Fitz-
gerald.
Mr. Huddleston—Your daughter had rather a difficult
temper ?
Mr. Chambers objected to the question.
After some disCussion the witness was directed to answer.
Witness--I am nut at all aware of it. She might have
had, I never had more to complain of than other people.
She was possibly irritable. Nut vary irritable certainly.
Occasionally she readily took offence. I cannot say she
was very difficult to please. She was only like other people.
I might have said that I dreaCed to open my lips for fear
of offending her. I have written to that effect, but it is
merely a fashion of speech. With respect to affairs in pecu-
niary matters I may say she was irritable, but she was
only like other sharp clever people. While we were living
in Chester-street I did not sell out some of the trust fund ;
that occurred subsequently. My daughter found fault with
me at the price. This took place at Harriet-street.
My daughter might have followed me into the
passage and shake her hand at me, but not
in a hostile manner. She might have spoken loudly to me,
but then lam very deaf. I don't recollect the transaction,
but I cannot conscientiously say it did not take place. She
might have shaken her hands at me, but I never took it
offensively. I don't know that for days my daughter and
her mother never spoke to each other. Letters never passed
between them while in anger. I don't recollect speaking
of women in strong terms in my daughter's presence. If
I have not spoken, I certainly from the letter you have put
into my hands have written about them in that strain. I
wrote the words, " the Major was quite a Florence
Nightingale in trowsers" from reports I have heard
from other people. I cannot say what I meant
when I wrote Major Fitzgerald would not want
excitement as his wife was with him. I have written
to Major Fitzgerald thanking him for the devotion he has
shown to my daughter during her illness, but I never was
with her on these occasions. I never beard from my
daughter that her premature confinement was attributed to
Dr. Perry. She was always anxious to conceal her hus-
band's faults. I heard it from ray wife. The portion of a
letter put into my hand is my daughter's handwriting. The
items are like it, but I am not so sure about it, as it cer-
tainly is not her usual style. If it was given to me as her
writing I should disclaim it. I've not the slightest idea
whose handwriting it resembles. I settled £lO,OOO on my
daughter, and Major Fitzgerald £B,OOO. lie told me he paid
£1,500 of debt, but it aid not press upon him. I pro-
mised to pay his debts, but I did not. When I
spoke to Major Fitzgerald on the beach, I should say he
was excited, but not half mad. I might have asked him if
he was on terms of intimacy with a certain person before he
was married. I was not in the least excited. I said when
we parted "Well, I hope to see you both together again."
He took hold of my hand and shook it. I did not give it
him. At this interview I learned that Major Fitzgerald
was acquainted with other women. This was in August,
1861, and the steps for divorce were not commenced till
about 13 months after, viz., October, 1862.
Re-examined by Mr. M. Chambers, Q.C.—The letters
referred to in my cross-examination were letters written
privately to my daughter, and Major Fitzgerald must have
become possessed of them surreptitiously. In my disputes
with my daughter I can conscientiously state I never re-
collect my daughter shaking her first in my face offensively.
Major Fitzgerald never told me the cause of death of his
first child. The reason I did not pay his debts was because
he returned the bond, which I said was to be completed by
the lawyers, torn up. The conversation on the beach at
Dover was caused through accident. I was annoyed at his
intimacy with Mrs. Mallet, and I asked him if he had any
intercourse with her before marriage, and he said, " I will
not tell a lie, I have."

Mrs. Bettesworth, examined by Mr. M. Chambers, said
—I did not see much of my daughter after her marriage.
Major Fitzgerald never mentioned the subject of his wife's
first confinement. I was at Bradon in 1861. I remained
there a fortnight. The reason my daughter went to see Dr.
Pettigrew was because she was very debilitated. I received
this letter from Major Fitzgerald while at Dover. It is
dated July 29, 1861. I did not understand what was meant
by it, as it stated it was to put me on my guard. I received
a letter from the Major entreating an interview. I refused,
but afterwards he obtained an interview by force. He
threw herself on his knees before me, and said, "Oh, do
forgive me ; do forgive me." I said, " Ask your God to
forgive you, not me." I told him to leave the house. He
said, " Let me remain five minutes, and I'll go away
quietly." I asked him how he cuuld introduce my daughter
to that woman, and he said because he was afraid of a breeze
with her. To which I said, " Then, you sacrificed your
wife for your mistress." He said it was rather green
of him, for no Billingsgate woman could write
worse letters to him than she had done. He
afterwards threw up his arms and said, " God forgive
me, I'm guilty, what shall Ido ?' I told him his old friends
were his best advisers. I then rung the bell and told him,
his five minutes had expired. This was on the 10th Oct.
The housekeeper might have seen the major on his knees.
On the 17th October me and my daughter again met him.
He followed us into the passage, and fell on his knees in
the passage, and again asked for forgiveness. He followed
us into the dining-room, and as he was following my daugh-
ter round the table, and being fearful of personal violence, I
sent for the police and he was taken away.
Cross-examined by the Queen's Advocate--I was on
" negative" terms with Major Fitzgerald. I did not dis-
like him. I cannot say I liked him. I don't recollect hav-
ing a servant named Mary Goodwin, hut I had one named
Mary Watson. I never was angry at the major leaving. I
don't know that one of my servants named Swan
has been very active in getting up evidence in this
case. I don't know that she went to Paris to see Eliza
Boult. I saw Swan speaking to a person at Dover, and I
afterwards learned that her name was Boult. I saw Mr.
Frederick Fitzgerald iu 1858. 1 never said that Lord W.
Fitzgerald had acted unjustly in not settling the same sum
on my daughters as the other children had had. I don't
recollect having a conversation with Dr. Pettergrew about
my daughter and her husband coming together again after
they had separated. He never told me I was acting un-
justly in preventing a reconciliation. I don't recollect
saying a favourite bird of my daughter's had been killed
by a person she least expected. I might have said it,
but I don't recollect whether I meant her husband. On
Oct. 10 nobody was present at my interview with the
Major. On the second interview my daughter was in
the room. I know a Dr. Ruck. I had an interview
with him relative to my daughter. I never swore in his
presence that my daughter and her husband should never
come together again.
Mr. Ceram (examined by DrWamby)--I am Superintendent
of the police at Dover. In October I went to Mr. Betters-
worth. I saw Mr. and Mrs. Bettersworth and Major Fitz •
gerald there. There was a great altercation between them,
and Mrs. Bettersworth asked me to remove the maj,r. Their
conversation was about the major keeping up a connection
with Mrs. Mallet. Major Fitzgerald said he was innocent
—that he had not written to her for two years. Mrs.
Bettersworth told him, he was in the habit of sanding her
money. He said, with an oath, he had only sent her a bond
for £lOO. Afterwards the major said he was guilty, and
begged for forgiveness. At the request of Mrs. Bettersworth
I got the major away, because I was fearful of a breach of
the peace. He was about closing on his wife.
Cross-examined by the Queen's Advocate—He was not
like a raving madman. He perfectly well knew what he
was doing.
Dr. Pettigrew (examined by Mr. Chambers)—Mrs. Fitz.
gerald came to consult me about her health in August,
1861. Major Fitzgerald was in the habit of visiting rue
both on friendly and professional terms. He on one occa-
sion handed me over some letters he had received from Mrs.
Mallet, which I read in his presence, without reading the
names. I returned them to him, and Ido not know what
has become of them. This was before the first visit of Mrs.
Fitzgerald. The major asked me to receive all letters hhee
had ordered to be forwarded to his club, and after putting
them in an envelopetopolsthvtahee nmtoo Mrs.
doubt
is oneFitzgera of thoseld. The
letter put into my hand
letters so forwarded to Bradon.

_____
Cross-examined by Queen's Advocate—l first became
acquainted with Major Fitzgerald in 18.59. They then
appeared to be as happy as two people could be. While I
was attending Mrs. Fitzgerald professionally, the major
always appeared very much attached to her. When she
told me Dr. Perry had used her roughly, I said it was not
liket3 that he could have such rudeness. I was in the habit
of visiting the Fitzgerald's frequently, often dining with
them. While Mrs. Fitzgerald was unwell Major , Fitz-
gerald was exceedingly attentive to his wife. In fact he
did many things he needed not to have done. After his
wife lett he appeared to be extremely dejected. He need
to ride in the carriage with me while going my rounds, in
order that his mind might be occupied.
The Queen's Advocate_ Was his language coherent ?
Mr. chambers, Q.C.--Wily, you don't mean to say he's
Tho Queen's Advccatc—You will have an opportunity
of asking that question in re-examination. (ro witness)
mad.
—His language was always excited.
Witness—lle was always talking about one thing, and
that was the separation from his wife. He asked me what
he should do respecting the correspondence with Mrs,

Mallet. She was invariably asking for money. I told
him to consult his father.

Cross-examined by the Queen's Advocate—After the se-
paration of Mr. and Mrs. Fitzgerald I had an interview
with Mrs. Bettesworth. I advised her that her daughter
should return to her husband. She said, " ould you wish
her to live with an adulterer ?" I replied, if I thought he
was so I should not have urged the return of his wife. I
told her I thought she ought as a mother do all she could
to restore happiness.
John Smith Fisher, a cabinet-maker, residing at Ken-
sington—He used to attend to matters in Mr. and Mrs-
Mallet's house, which was in that neighbourhood. In
1859 ho saw Major Fitzgerald there. He had seen them
together iu the drawing-room. He had seen him there in
1890. Mr. Mallet was from home when he saw the major
at his house.

The case was proceeding when we went to press.

COURT OF BANKRUPTCY.
(Before Mr. Commissioner Fane.)
RE CHARLES LUKE TRACY.-FAILURE OF AN AFRICAN

MERCH.k.NT.-A CLAIMANT TO A PEERAGE.

This was an adjourned examination mc eting of this
bankrupt, described as of Fenchurch-street and Stamford-
hill, African merchant.

The bankrupt attributed his difficulties to prosecuting a
claim to the Tracy Peerage on behalf of his brother. The
debts to creditors unsecured, £2,260, and the deficiency on
the whole account amounts to £1,990. Some of the debts
are described to be partnership debts due chiefly to City
merchants and brokers, when bankrupt was a partner in the
firm of Tracy and Co. Among the doubtful debtors is his
brother, Matthew Tracy, late of Kensington-gardens-
square, and now residing abroad, £625 for expenses in-
curred on his behalf, and to secure which he, in July, 1861,
executed a bond to pay a sum of £4OOO two years after he
attained the title, &c.
A creditor opposed on the ground that the bankrupt had
ol4ained goods and money when he had no reasonable
prospect of means to pay. The bankrupt had run a shop
bill, and in payment offered bill of exchange by his brother,
and received the difference in cash, but on the bill becoming
due it was found that the brother had left his place of resi-
dence and was an outlaw.

Mr. C. E. Lewis said he must object to anything which
the brother might have done. The bankrupt had advanced
money for him, and had taken some small bills. The
creditor admitted that the bankrupt had asked for a renewal
'of the bill at a short date, but the creditor refused, and sued
the bankrupt, and took him in execution, which compelled
him to come to this court. The bankrupt's private expen-
diture was very small, and almost all the partnership debts
had been- paid off.
His Honour granted the order of discharge.

POLICE INTELLIGENCE—This Day

MARLBOROUGH-STREET.

WILFULLY DAMAGING ONE OF TURNER'S PICTURES IN
THE NATIONAL GALLERY-COMMITTAL FOR TRIAL.-
William Stephenson, a tall man, of shabby genteel appear-
ance, described as "an author, of no home," was charged
before Mr. Knox with wilfully damaging one of Turner's
pictures, in the Turner Room of the National Gallery, the
property of the trustees.
The picture is numbered 519 in the catalogue, the sub-
ject being " Regulus Leaving Rome."
Edward Paine, curator in the National Gallery, and
having 'charge of the Turner Room, deposed—Yesterday
afternoon, about five minutes to four o'clock, I observed
the prisoner in the Turner Room standing before the picture
numbered 619 in the catalogue. I saw him make four or
five pokes at the picture, and I then handed him over to
Inspector Dunning.
Mr. Knox—ls the picture damaged ?
Witness—lt is, sir, I seized the prisoner's hand to see
if he had a knife in it, but he had not.
Mr. Knox—Were there any other persons about the pri-
soner, so that he might have been pushed against the
picture ?

`Witness—There were four or five others, but they were
behind, and not close to the prisoner.

Mr. Knox—Did you see his hand touch the picture ?
Witnees—l did; and I seized him before it left the pic-
ture. It was deliberately done.

Inspector Eleser Denning, A division, said—l am the
inspector of police at the National Gallery. About 2 o'clock
yesterday afternoon I was informed by the last witness that
a picture had been damaged. ' I watched very closely, and
about 10 minutes afterwards I saw the prisoner near the
picture with his hand uplifted. _ _

Mr. Knox—Had the picture at that time been damaged ?
Inspector Denning—lt had, sir. As soon as the priscner
saw that ho wad observed he moved his hand, and leaned on
the railing for about 10 minutes, and then walked away and
sat down on a chair for about two hours, and about five
minutes to four the last witness handed the prisoner over to
me for damaging the picture. I looked to see if the pri-
soner had a knife in his hand, but he had not. I then
asked him for his eye-glass, having seen him at 2 o'clock
with one in his hand, but instead of giving me the eye-
glass he took from his pocket a penknife ; and on my ask-
ing him if he had used it that day, and for what purpose,
he said, "for stabbing a picture." I then examined the
knife, and found on the blade a little paint. I asked him
what he did it for, and he replied, " I was very much ex-
cited. The misty state of the picture, and the dislike I had
for the man made me do it."
Mr. Knox—What is the picture ?

Inspector Denning—" Regulus leaving Rome."

Mr. Knox—ls there any serious damage done to tho
picture?
Inspector Denning—The keeper is here, and will speak to
that. On the way to tho station the prisoner said " If I had
not been detected I should have given myself up to you be-
fore I left the Gallery." He also said he had no friends or
relatives, and came from Newcastle.

Mr. Knox—Was there any incoherence in his speech
betides what you have stated ?
Inspector Denning—There was not.

Mr. Knox—Nor anything to inspire you with the belief
that he was of unsound intellect ?

Inspector Denning—Not anything, Sir.
Mr. Ralph Nicholson Wornum, keeper and secretary of
the National Gallery, said—My attention was called to the
picture five minutes after the damage was firet committed.
I then found eight injuries, one being about one inch and a
quarter in length—four others are stabs, the knife not going
very far through the canvass. On the second occasion I
found there were altogether nine injuries, four of them being
chips by which the paint had been broken off the canvass,
but the canvas had not been perforated. •
Mr. Knox—Can the picture be repaired so that we shall
not have to regret the destruction of the picture.
Mr. Wornum—lt can, sir.
_ _

Mr. Knos—l am glad to hear that. Prisoner, do you
wish to say anything ?

Prisoner—l have to express my regret that I did it. I
acknowledge that I did it and leave the matter in your
hands. I was in a state of excitement at the time.

The depositions having been completed, the prisoner
was committed for trial.

THAMES.
ROBBERY BY A PAuPnit.--Robert Lawson, an infirm,
half-deaf old man, was brought up before Mr. Partridge,
charged with btealing lib. of old rope, the property of the
Guardians of the Poplar Union. The rope was stated to
be of the value of three halfpence.
Mr. Spratley, superintendent of labour, stated that he
served out 41bs. of old rope to the prisoner yesterday (Wed-
nesday) morning, and he was to pick it in the stone yard.
That was the day's work allotted to the prisoner. In the
afternoon, at four o'clock, he
Weighed the rope that had
been picked. It weighed 3lbs. only. He searched the
prisoner, and found upon him lib. of the rope he had sup-
plied to him in the morning. It was Government rope,
with a red cord string passing through it. The prisoner
had since expressed great contrition, and said he was very
sorry for what he had done.

Mr. Partridge—What relief has this old man, and how
long has he been chargeable to the Poplar "Union.
Witness—He has been an inmate off and on these four
years. Ho bas been lately receiving out. door relief to the
extent of 6s. per week, for which he is only required to pick
four lbs. of oakum per day; he was formerly a rigger.l
The prisoner said he was very sorry for what he had done
—he was guilty.
Mr. Partridge sentenced the prisoner to 21 days' impri•
sonment and hard labour.

M. RENAN'S LATEST BLASPHEMY.—The world
(including all existing things on this planet under
that word), the author of the Vie de Tisus argues in a re-
cent number of the Revue des Deux Mondes, will go on im-
proving, till at last, perhaps, some colossal intelligent crea-
ture will manage to transcend the sphere of a single planet,
starting either from this world or elsewhere, and will
contrive to communicate with other spheres—an exploit
which, as far as we can judge, has never yet been per-
forated in any part of the solar system. At some remote
period, too, the last secrets of the chemistry will perhaps
be discovered, and the universe transformed by their adap-
tation. "Space no longer existing " for such a being, "he
will pass the limits of his planet. A single power will
really govern the world—namely, science, spirit." Then
follows a passage to which the rest has served as an
introduction, and which deserves to bo translated in full :
—" God will then be complete, if the word God is made the
synonym of all existence. In this sense God rather will
be than is ; he is in fieri; he is on the way to make
himself. But to stop there would be a very incomplete
theology. God is more than total existence; he is at the
Ytslitce s'
living principle of the good, the and logic are true; he is the
same thee the absolute. Ho is that order in which ma-
pthlielemeaotifcst,hemiedteaalph,
beautiful, and the true. Thus viewed, God fully and
unreservedly is; he is eternal and immutable, without
progress or becoming.
REPRESENTATION OF WARWICKSHIRE. Mr.
Spooner has announced that, in consequence of his great
age, he shall retire from the representation of Warwick-
shire at the next general election. The Conservatives have
determined on starting for the vacancy, which will be thus
caused, the Hon. Charles Lennox Butler, son of the 13th
'aron Dunboyne, a depntY-lieutenant of the countY•

THE DEFECTIVE POLICE.

(From Punch.)
SCENE—A Police Station. Detective in plain clothes is
gulag reading a newspaper. To him enter another Be-

tective. -
Ist Detective (pointing to a paragraph in the newspaper)
—Seen this here. " Mysterious Murder.' (Reads parti-
culars.) S'pose we shall be engaged in this.
2d Detective—S'pose we shall.
let Detective—This ain't bad is it? (Points to conclud-
ing line of paragraph.) "The police are actively engaged
in investigating, &c.. &c."
Both (enjoying the joke)—Ha I Ha! Ha!

[Exeunt separately.
SCENE—Same. Time. next day. The two Detectives are
now officially employed in the above-mentioned case.
' -

Ist Detective (carelessly)—Heard anything ?
2d Detective (with indifference)—No.
Ist Detective—S'pose something 'll turn up.
2d Detective—S'pese it will.

Ist Detective (pointing to concluding lines in a fresh
paragraph headed "The Mysterious Murder")—" 'We hear
that the police are already in possession of a clue Which
will doubtless load to the discovery of the murderer."
[They dig one another in the ribs, wink, and exeunt
separately.
SCENE—Same. Time, next day.

Ist Detective (actively engaged)—Heard anything from
anybody ?
2d Detective (ditto)—No, nothing from nobody.
Ist Detective—Odd. (Lights a pipe.)
2d Detective—Very. (Lights a pipe.)
They stop in-doors to receive information. Pot boy
brings the evening paper.
Ist Detective (reads)—" The Mysterious Murder. This
dreadful affair is still shrouded in mystery. The suspicions
of the police, it is said, point to the individual in the long
black cloak who was last seen. &c., &c."

2d Detective--You don't suspect anybody of course,
Podgey, do you ?
Mr. Podgey—No, Duffer.
Duffer—No more do I. Let's have another pint.
[An interval of four days elapses, during which Messrs.
Podgey and Duffer "visit the premises" ten times,
call in at six public-houses in the neighbourhood
official ly,shake their heads, frown, and say nothing;
this last for a very obvious reason.
SCENE as before. Fifth day.

Duffer—Here's some one tc see you, Podgey. (Enter
respectable Chemist.)
Podgey (officially)—Well, sir ?
Respectable Chemist—ln regard to the Mysterious
Murder.

P3dgey What Mysterious—eh—oh—ah—(recollects
himself.) Well, sir 7

[Respectable Chemist gives an account of his suspi-
cions, and how he acted upon them, and how he
managed to find the real criminal.
Podgey (severely to Duffer)—Just what we knew, eh
Duffer ?

Duffer (shaking his head with an air of pity for the
Chemist)—Oh yes, from the very first. (To respectable
Chemist)—You'd better leave this sort o' thing to oldhands
like us, you know.
[Respectable Chemist begins to wish he had'nt troubled
himself, and retires.
Podgey—l said something would turn up.
Duffer-0' course. Nothing like keeping quiet, the
public does the rest.
[They drink the public's health, and then, assisted by
six policemen, proceed at once to the spot indicated
by the chemist, and arrest the suspected indivi-
dual.
Next morning Podgey and Duffer meet.

Podgey (pointing to paragraph headed " The Mysterious
Murder ! I Apprehension of the Supposed Murderer II"
Reads)—" The activity of Sergeants Podgey and Duffer, the
detective officers who have been employed in unravelling
this complicated case, c innot be too highly commended :
from the moment of the discovery of the fatal deed, up to the
present time, the exertions of these two intelligent members
of the civil force have been carried on with a sleepless inde-
fatigable zeal, which speaks well for the organisation of the
police system of this country. These men, as men, may
have done no more than their duty, it is true, but who can
fully estimate the advantages of that perfect security guar-
teed to the public by the existence of such prompt and
vigorous officers as Sergeants Podgey and Duffer."
[Podgey and Duffer shake their heads with each other,
wink, and exeunt.