The Sun.
London, England, 1863-12-18 00:00:00

THE SUN. LONDON, FRIDAY EVENING, DECRAIBER 18, 1863.

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary and a Special Jury.)
FITZGERALD V. FITZGERALD.

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.
The case for the respondent commenced this morning.
The Queen's Advocate, addressing the jury on his behalf,
said he should have to make a demand upon their patience
while he recurred to the general facts of the case which had
been placed before them, but in a very different light to
that presented to them. He begged them to remember the
gravity of the issue of the cause, not merely to his client, but
to other persons, and to consider the result of their verdict,
which would be attended with the most unfortunate cir-
cumstances. The charges ogainst Major Fitzgerald were
cruelty and adultery, and in his remarks he should keep
those two charges distinct; and he could not refrain from
observing, at this early strige of his address, that the pea,
tioncr had signally failed in her attempt to injure the cha-
racter, honour, and happiness of her husband. The marriage
in this case was not an equal one ; it was not ua€qual
in respect of fortune, because both were equally matched.
but it was unequal in respect of temper. The husband was
a gallant officer in her Majesty's service, and had shed his
blood both at Alma ani Inkerman, and while in the
Crimea, by his tenderness and care of his soldiers, he earned
their affection, although the fact had been rather coarsely
alluded to by Mr. Bettersworth. His client was also an
Irishman, and had all the weaknesses of that very peculiar
people; he was hasty, impetuous, imperative, and inconse-
quent, the later more Ito in all his writings. The petitioner
was a sharp, clever woman, more especially in money
matters; and so short tempered in those affairs was she,
that even her father had written in one of his letters that
he dreaded to open his mouth to her on those affairs. The
first offence which she took and cherished was ose connected
with money, viz., that her husband had not been fairly
treated by Lord W. Fitzgerald, in not receiving £B,OOO in-
stead of £lO,OOO, which had been given to the other mem•
bers of the family on their marriage, This certainly ap-
peared to be a pet grievance with her, and he felt certain
they would bear that in mind in considering their verdict.
But proceeding with his case, after the marriage the par-
ties proceeded to the Continent, and from thence
to Ireland. The first specific act of cruelty alleged was
that on the 14th of March, 1858, while they were
residing in that country, Major Fitzgerald called her a
wretched creature, a broken-down old screw, and that
by his threatening manner and gestures he had caused
her premature confinement. He must say in the lady's
evidence she had pretty well supported the plea, and with-
out the slightest hesitation she asserted that her pre-
mature confinement was entirely to be attributed to
her husband's cruelty. Now he would be able to
show by the most indisputable evidence that there
never was a more deliberately untruthful charge
made by a vindictive woman. According to her own
statement, she had attributed the death of her child to
other circumstances, but now she turned round and said she
had done so to screen her husband. If they accepted such
a solution of so grave a charge it would be attended with
the most disastrous consequences, but he felt certain
that the witnesses to be examined for the respon-
dent would prove the utter falsehood of the assertion.
She had also in the most positive manner said she had a
great dislike to Irish society, and although this was known
to her husband he insisted upon her remaining in
that country. But the whole of her correspondence,
dated during this time, which had been read during
the progress of this cause, showed a very different
feeling. Another charge of cruelty was, that at
Braden he had called her a -- viper, but the
answer to that, by the respondent, was that on one occa-
sion a subscription was solicited for some charitable object,
the wife refused in the most indignant manner to contribute,
and then he admitted that he did mutter something about a
viper, but not in the insulting manner that has had been
represented ; even supposing that it was, he did not think
they would be of opinion that that was so grave a
charge as to justify the dissolution of the marriage
bond. The petitioner had also alleged that her husband
was addicted to the grossest language, but if his witnesses
came up to his instructions, he should show that words far
from delicate were constantly in the mouth of Mrs.
Fitzgerald after her marriage. With respect to
the proceedings at Dove► all the evidence of that
dragon of a mother in-law only went to show that
during the five minutes she had coolly given him to state
his grievances he was guilty of the enormous cruelty of
running round the table twice after his wife, He thought

it would be a waste of time to occupy the attention of
the jury with disproving such a ridiculous assertion.
Now, if he proved that the assertions of the petitioner
relating to certain acts of cruelty could not be
relied upon, he felt they would give their verdict in
favour of his client. With respect to the charge of adultery,
be altogether denied it, and the only person who, it was
said, could prove it, was not to be examined in open court
such a course was unusual, and he could only come to the
conclusion that it ;was as unfair' to take her evidence by
commission than to put her into the witness box. He
should call before them both Mr. and Mrs. Mallett, and
other witnesses, who would give a very different com-
plexion to the whole case ; and he felt no fear that the
result of the trial would be a triumphant acquittal of Major
Fitzgerald of the wicked and slanderous charges that had
been made against him.

MARKETS--This Day.

MARK-LANE .

There was a moderate supply of English wheat at Mark-
lane to-day, but most samples carne to hand in very mid-
dling condition. For all qualities the trade was in a sluggish
state, yet no further change took place in prices compared
with Monday.
The show of samples of foreign wheat on the stands was
moderately good. Sales, generally speaking, progressed
slowly at last rates.
Floating cargoes of grain moved slowly on former terms.
The supply of barley was tolerably large. Fine malting
parcels were firm in price; otherwise the trade was dull.
The trade for malt was in a sluggish state at the late fall
in prices.
With oats the market was fairly supplied. The trade,
both for home and foreign descriptions, ruled inactive at
late rates.
In beans and peas a limited business was transacted on
former terms. _ .

No change took place in the value of flour, but the inquiry
for Learly all descriptions was sotnewh.t restricted.

ARRIVALS THIS WEEK.
Wheat Barley. bfalt ()am Float.
2,720 2,390 2,130 3P,0 2,470
300
Foreign.— ..14,800 7,450 16,320 1 500 ea

NEW GATE AND LEADENHALL.
The supply of meat on sale at these markets is large.
Generally speaking, the trade is slow at our quotations.

Per Slb. by the carcase.
sdsd
[nferior beef .. 2 10 3 2
Nliddling do. .. 3 4 3 8
[=rime largo do. 3 10 4 0
Do. small do. .. 4 2 4 4
Large pork .... 3 8 4 2
Inferior mutton. 3 6 3 8

adsd
Middlingmutton 3 10 4 4
Prime do . 4 6 4 8
Vaal
Small pork
Lamb

BOROUGH HOP.

The supply both of English and foreign bops on sale
being only moderate, the trade rules firm, and prices have
an upward tendency. The supply of American produce on
salt is very moderate.
Mid and East Kents £5 Os to £9 Os per cwt.
Weald of Kents 4 108 to 6 6s fj
Sussex 4 10s to 6 Os ~
Yearlings
Olds
Bavaiian
Belgian
American

,~__..r

COLONIAL.
TEA—The operations have not been very extensive, but
both China and Indian descriptions have remained at about
previous quotations.
SUGAR—Business has been rather inactive, owing to the
suspension of speculative operations, and in some instances
there has been a decline of is to 2s per cwt. In the refined
market quotations are nominally a shade flatter.
COFFEE—There has been a fair demand for both planta-
tion and Native Ceylon, which sold readily at fully previous

_
prices.
RlCE—Only limited transadtlOis have been reported,
without any material change in values.
FItVIT—The public sales of currants. raisins, ix., have
proceeded without much animation, and the rates realised
were in some instances rather under those previously cur-
rent.
TALLOW—There has been rather more activity, and quo-
tations have shown an upward movement for both present
and forward delivery. Pit C. an the spot, is marked 41s,
and spring delivery 41s ;:'d to /As Eld pet ewt.
GREEN FRUIT—A brisk market for all kinds, the near
approach of Christmas holidays assisting tli. demand,
Some parcels oranges from St. Michael, Terceira, Seville,
Valencia, and Sicily, sold by Keeling and Hunt, at public
sale, went at improved prices with a prospect of a further
advance. Lemons sustain their value, stock being light;
nuts of all kinds, ,with the excepticn of Barcelona, meet
with a ready sale. Black Spanish and chesnute at an ad-
vance. Almeria grapes of fine quality in request.

At the first ordinary general meeting held to-
day of the shareholdersof the London,Buenes Ayres,
and River Plate tank, Mr. n.nrOce in the chair, the report
of the directors was unanimously adopted, it stated that the
profit and lees an account, showed that, after deducting
X10,V,42 18s lld for rebate of discount on bills not then due
at the branches, £l,OOO in diminution of preliminay ex-
penses, £2o' 12s Id for depreciation of furniture,
ie3., and after providing for all bad and doubtful
debts, there remained a net profit of £9,561 63 10d,
oat of which it was recommended to appropriate
to the reserve fund £2,000, in addition to the
wanbdicshezaasl
£2,000 premium on reserved shares issued in February,
nonfu m3°. ons per
the depositsnare
equal to 7
calls from the date of their receipt till the 30th September,
allowed the privilege of
Monte Video for the Bank to be
and to decilarpeaacednitv.idpeenrda.
d there was every ream. to be-
lieveown that the concession would be granted.

POLICE INTELLIGENCE—This Day

MARLBOROUGH-STREET.

MELANCHOLY AFFAIR.—APPEAL TO THE MAGlS-
TRATE.—lnspector Garforth, of the E division, waited
upon Mr. Knox this morning, to make an appeal on behalf
of a poor woman named Warner, who accompanied him.
Mr. Garforth said the husband of the poor woman was a
road sweeper, earning about 14s, a week, and with a little
earned by his wife, kept his family of six children much
better than was usual with persons of his class. Yester-
day afternoon the wife left home, leaving the children in
the room situated in Holbrook-place, Fitzroy-market, and
after she had gone a short time, the eldest in whose care
the others were left went out,leaving all but the youngest,
a poor little fellow between two or three years of age, with
her. On the children returning to the room they found it
in flames. Assistance came and the fire was extinguished,
every article in the room being destroyed, and on the fire-
men searching they found the badly burnt body of the
poor child who had been left in the room. Knowing the
husband a,,d wife to be well-conducted, hardworking
people, and deservlg of assistance, ho had brought the
matter before his worship.

In answer to Mr. Knox, the poor woman, who was in
tears, aid she had not been able to save anything, and was
without a home.

Mr. Knox gave some temporary assistance, and requested
Mr. Gatforth to see in the course of the day what could be
done for the poor family.

The poor woman thanked the magistrate for his kind-
ness.

SHOPLIFTING.--AN OLD HAND.—Ellen Morgan was
charged with stealing 30 yards of cotton print from the
shop of Mr. Winter, linendraper, 29 and 30, Goodgs-street,
Tottenham. court-road.

The prisoner entered the shop of Winter and asked to be
shown some alpacas. This was done, and she made some
excuse for not making a purchase and left, and as she was
doing so she was stopped, a young man in Mr. Winter's
employ, from the outside, having seen the prisoner secrete
the piece of print under her shawl. Sergeant Franklin was
then sent for and the prisoner given into custody.
Blogg, 124 G, proved knowing the prisoner as a shop-
lifter, and said she had once received a sentence of 12 months
for sho9lifting.
Mr. Knox committed the prisoner for trial.

Naval and Military Intelligence.

THE NAVY.

- _
The screw steamship Conqueror, 73, appointed to convey
the expeditionary battalion of Royal Marines to Japan, was
compelled by contrary winds, when going down Channel, to
put into Portland, and had not arrived at Plymouth up to
noon yesterday (Thursday), but the wind had veered more
to the northward, and she was hourly expected. The bag-
gage was ready for embarkation, and steamtugs were in
attendance. Oa Wednesday the battalion, which consists
of upwards of 500 men, under the command of Lieut.-Col.
Suther, Col. Penrose, and Col. Adair, was inspected on
Plymouth Hoe by Major-Gen. Stransham, the Inspector-
Gen•, who took the opportunity of reminding the men of
the importance of the duty they had to perform, and of the
great necessity there would be for them to conduct them-
solves in an orderly and sober manner. Gen. Stransham
afterwards visited the men's quarters and the various de-
partments in the barracks at Stonehonse.
Mr. J. Stansfeld, M.P., one of the Lords of the Admi-
ralty, will arrive at Chatham early in the approaching
week, for the purpose of commencing an investigation into
the general system of management, the official supervision,
and other important matters connected with the dockyard
and naval establishments. The inquiry will extend over a
lengthened period, and will be very comprehensive.
By direction of the Lords of the Admiralty, the squadron
of gunboats attached to the first division of the Chatham
steam reserve ate to be surveyed, and a report made by the
dockyard officials whether one of the number could not be
altered and fitted as a steam tender, to be used in convey-
ing the work people and mechanics to and from the dock-
yard to the Achilles, on that vessel being undocked and
p'aced at moorings at the entrance to the harbour, then to
be completed for sea. Should it be found practicable to
use one of the gunboats for the service she will be employed
instead of one of the Medway Company's steamers, which
the Lords of the Admiralty had originally intended hiring
for that duty.
About GO tons of iron plates, intended for the new iron
frigate Bellerophon, have arrived at Chatham Dockyard,
having been recovered from the Thames, in which they were
sunk during the late gale. The plates are from the estab-

lishment of Messrs. Moser and Co:, who have entered into a
contract to supply most of the plate iron for the Bellerophon.
The t ransport on which the plates were on board at the
time had sunk, but was raised by means of lighters de-
spatched from the dockyard, and the vessel itself, with all
the plates on board, was brought into Chatham harbour.
Notice was yesterday given in Chatham dockyard that a
number of the hired mechanics, shipwrights, and labourers
employed for upwards of two years past on the iron frigate
Achilles, will be discharged from that establishment at the
close of next week, as soon as the vessel has been undocl ed.
The large bower anchors for the Achilles, each weighing
upwards of five tons, and manufactured at the factory of
Messrs. Brown an-1 Lennox, the makers of all the large an-
chors for the Admiralty, have been fitted on board, in readi-
ness for the undocking of that vessel. Each anchor, before
being finally approved, was submitted to a powerful hydrau-
lic) test, at the testing house in Chatham dockyard, and sub-
sequently to the heat test at the smithy, on both of which
occasions the standard of excellence laid down by the Ad-
miralty was reached. The port and starboard sides of the
Achilles have Len covered with several coatings of the
Hay's composition for preventing the fouling of the bot-
toms of iron vessels, and the hull is now being painted down.
The work of cutting away the projecting granite sides at
the entrance to the dock, to allow of her being undocked,
will be commenced the day before she is floated out, and
will be accomplished by a large body of workmen, who wilt
be employed without cessation until the operation is com-
pleted.
The screw steam frigate Aurora, 35, Captain Sir F. L.
M'Clintock, having received fresh orders, left Plymouth
yesterday for SpMead.
The paddlewheel steam-sloop Geyser, 6, Commander M.
Pechell, from Portsmouth, arrived yesterday at Plymouth.
The Medusa, paddlewheel vessel, 889 tons, 321-horse-
power, Master-Commanding John H. Allard, sailed yester-
day from Sheerness for Yarmouth, in pilot charge of Mr.
Rueben Harvey, master of the Locust, steam-tug, accord-
ing to instructions received from the Admiralty. It is re-
ported that she will be ordered to proceed to the North
Sea, and the mouth of the Elbe, in search of a number of
missing fishing smacks supposed to have been driven out to
sea during the late gales.
On Wednesday afternoon a stoker serving on board her
Majesty's ship Salamander, 6, paddlewheel sloop, preparing
fur sea at Sheerness, unfortunately lost his life while ascend-

ing the Jacob's ladder to get into a boat at the stern of the
vessel. By some means he missed his hold, and, falling
into the water, was drowned before assistance could be
rendered.
Sir Frederick Nicolson, C.B.,Commodore Superintendent
of Woolwich dockyard, yesterday went on board the flag-
ship Fisgard, and mustered the seamen and marines, and
afterwards inspected the ship throughout. preparatory to
his retiring from the station. By the death of Vice-Admi-
ral Sir Henry Bruce, Sir F. Nicolson obtains his
flag, and will be succeeded at Woolwich on the lMt proximo
by Capt. Hugh Dunlop, C. 8., Commodore of the first class,
and senior officer in the West Indies.
The two spacious wings ordered to he annexed to the plate
bending factory in Woolwich dockyard, are now completed.
and the reception of the machinery commenced yesterday.
The following appointments have been made at the Ad-
miralty:—Commanders W. L. Steinforth, James Robinson,
and E. H. Burleigh, to be Inspecting Commanders of the
Coastguard, vice Commanders Gore, Beresford, and Webb,
whose period of service has expired—Lieut. Coldstream C.
Robinson, to the Formidable —Sab-Lieut. Chas. R. Smith,
to the Ideeanee—Sub-Lieut. Julian A. DFtiawood, to the
Salamander—Andrew R. Gordon, nominated to a naval
cadetship—Wm. Crawford, surg, superintendent, to the
Clara convict ship—John Thurston, paymaster, to the
Camelon—J. E. Knight, master, to the Aurora—J. L. J.
Wagstaff and W. o.lSignell, paymasters, additional, to the
Asia—J. S. Daniell, paymaster, additional, to the Cumber-
land—Belgrave Ninins, assist.-surg., additional, to the
Guragoa—and Alfred L. Eshelby, master's-assist., to the
Salamander.

THE ARMY.
By direction of the Duke of Cambridge, a circular-memo •
randum, signed by Col. C. Bingham, Deputy-Adjutant..
General, has been promulgated from the Horse Guards,
laying down a code of rules and regulations for the paid.
once of officers in preparing the requisitions for stores for
the service of the batteries in the year 1864.5. The order
directs the entire equipment of each battery to be inspected
by the three senior officers present with it, by whom a list of
such items as are found unserviceable or repairable is to
be drawn up. The mixed board of survey should have for
its president, when practicable, a regimental field officer,
and its members should also, when circumstances admit of
it, be captains of the mounted services (not, however, be.
longing to the battery,the stores of which are under survey)
and an officer of the military store department. The survey
boards are to guard against the condemnation of articles
which are not in a really unserviceable condition, and such
as have become through other than fair wear and tear of
the service should be so noted. All stores returned to the
Royal Arsenal, Woolwich, being subjected to examination
there before final disposal under the orders of the Secretary
of State for War, it is absolutely necessary that military
boards of survey held on such stores previously to their
being returned should carefully guard against the possibi-
lity of the accuracy of their reports, either as to the actual
conaition of the stores examined or the causes to which
their unserviceableness is attributed being questioned at
such subsequent examinations. Instances having occurred
of stores surveyed and condemned being afterwards re-
ported as expended, and consequently not forthcoming for
delivery to the military store officer ordered' to take over
the unserviceable stores, it is intimated that all articles
which are in future conveyed and condemned will be re-
quired for delivery to store, and that stores which it is
intended to account for as expended should not be sub-
jected to survey.

Yesterday a detachment of the 31st (Huntingdonshire)
Regiment, consisting of 170 men of all ranks, left
Chatham garrison, under the command of Capt. T. R. Ry-
croft, and proceeded to Plymouth, for the purpose of join-
ing the service companies of that regiment, which have
been reduced considerably below their proper strength from
lengthened foreign service.
The examination of candidates for admission to the Royal
Military College, Sandhurst, commenced yesterday at the
Royal Hospital, Chelsea, before the Vice-President and
other members of the Council of Military Education. There
are nearly 150 candidates on this occasion. The examina-
tion will close on Wednesday next.