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

LAW INTELLIGENCE—(This Day).

COURT OF DIVORCE.
(Before the Judge Ordinary and a Special Jury.)
FITZ GERA.LD 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 I
while he recurred to the general facts of the case which had I
been placed before them, but in a very different light to
that presented to them. He begged them to remember the
gravity of the iesue 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 against 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 stage of his address, that the peti-
tioner 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 unequal
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 and 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 en in all his writings. The petitioner
was a sharp, clever woman, more especially in money
matters; and so short tempered in thosO 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 ore 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
lto 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
1 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
hey 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 Doves 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,
he 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. ___ . .

The learned gentleman then called the following wit
nessea

—.-„„
Major Henry William Fitzgerald—l am the second
son of Lord W. Fitzgerald. I was wounded while
serving in the Crimea with the 7th Fusiliers. I met the
lady whom I married at Melton. Before marriage I told
the lady's father I had £lO5OO debt. That did not embarrass
me as a bachelor. Mr. Bettesworth, my wife's father, pro-
mised to pay my debts—he did not do so. After marriage we
went to Paris. I never neglected her there. We used to
go out of a morning shopping. During our stay there I
was not out without her but twice. I never called her
mother a sharper. On passing from London for Dublin,
while at Holyhead, I never said I did not love her, and that
I cursed my father for allowing me to marry her. There
is no truth whatever in the petitioner's statement that I
did do so. I never called her a wretched creature and a
broken-down old screw. There is not a word of truth in the
assertion made that I should look upon a family
as disgusting imps, on the contrary I amvery
fond of children. There is not one word of truth in
the statement that I said I would not go about tied
to a wife's apron string. My wife never complained to me
of not taking her out. Mrs. Fitzgerald always had a strong
objection to its being known the peculiar state of herehealthl
I did not on one occasion, previous to going to a ball, quarre
with her about a glove. Mr. and Mrs. Mallet were very
old friends of mine. I knew them long before my n'ifarriahlele
My half-sisters were frequent visitors to my
living in Dublin. It is untrue to say my dutieswinl eDwublin
were merely nominal. I only made a remark about her
face, when she told me she had used something to re-
move freckles. I said I was very sorry, as I admired them.
I never said her face was like a yellow mask. I
to a levee of Lord
recollect Mr. Fitzgerald going
Carlisle's previous to his leaving Dublin. I never ill-used
her after she returned home. My father never interfered
in my private affairs. I never gave him any cause ,
LO do so.
I recollect my wife being
Dover. Mrs. Bettesworth and
together. He haid,uonch
myself never got on well
'but he
occasionally
chaffed his wife about the little pictures in.
had never accused her of making a scarecrow of herself.'
never called nay wife a lump of dirt—that I
13 I
solemnly. My wife never spoke to me about wear most
of married women. 1 solemnly swear I the intrigues
she did not like my remarks she could never told her if
other married women had done. go and do as she said
w
hile
un-
well in Ireland I never went to my wife was
Iny
l office without receiving
a report of my wife's health. wie
Lon-
don I introduced my wife to all n we returnee to l
swear that the statement toy friends and relations.
cause of her first premature of My wife's, relative to the
ure confinement is entirely untrue.
Nothing of the kind that she described ever took place.
I recollect Dr. Perry attending my wife. She
said he had used her very roughly. and she believed he
had killed
. _her child. I said I would not allow her to
make ,such observation I . never was guilty of the con-
duct at this partieulttr ti
m e that Mrs. Fitzgerald has attri-
buted to me. It is untrue to say that I suggested to Dr.
Perry to kill the child. Alter her recovery we went into
the
country. On our return to London we went about as
much as other people did. eey wife went to: the
Queen's Drawing-room and the Opera. I went out ot
town to look fora cottage residence, and whendl returnedea
I told my wife of my success. We aftf,,treTlV:.:bs:'neet
of
Scotland, and returned to London,. be
th'e whole of the
about three weeks. My wife was with me .
in my wife's statement
trip. These is not a word of truth
carriage at her during our
that I threw the cushions of the
journey to the north. There is not one word of truth
to have taken place that
in the conversation she reports
.
I nursel m3wife in all her illnesses with
occasion.
d soul. Mrs. Fitzgerald was a very clever and
my heart an
careful. She Na
always economSheical, but you could
vish
not
1 her a screw. (Laughter.) was not foolishly la
eat
in her outlay, but always exercised the soundest discretion
in her dealings. The purchase of the Braden property was
attended with much treuble. I never said to my wife that
0
4, ‘ `L tee 0,- .%1..1iv
having, they were like stale

fish. I deny altogether her assertion that I said I should
like to thrash her within an inch. of her life. I never, I
swear, said anything of the kind. We lived very happily
at Braden. I cut down two trees that died before the house
at Braden,beause I thought they made the house damp, end
to tell you the truth, because they were continually follow-
ing me about the house—(laughter)—l never could get
them out of my mind. I admit I felled the trees without con-
sulting my wife,and the only thing I said to her when she ex-
pressed her displeasure at it was, that I asked her if I was
merely to be considered as her agent. While at Cowes I
wrote to my wife daily, and she returned no answers. I was
on terms of the greatest affections with my wife when I left
home for Cowes. I recollect seeing my wife and her mother
at Dover. I knew she had left my house without cause,
and I ruched up the steps to know the cause of such con-
duct. I became possessed of the letters that have been
read during the trial. While I was at Braden I found them
in a drawer. The letter which was called the " anonymous"
letter was amongst them.

Cross-examined by Mr. M. Charnhcms—l pelected the
adviseletters
dt h:i. trsb. alvi,
je b t
zac:n ra
Ipdutto inbe
ebayr
vizi 0
fo ohl
e':tloertste.rsl.
laalwdma3i-ts
OneMr:la Fitzgeraldthe
had
in I have been irritable since nay return 10
The only dispute I recollect was
.g( on ain Paris, and I said, " Don't, Georgie, hag
honey-
moon tour." (Laughter.) The ball referred to as taking
place in‘Dublin occurred in January, I was
heorely
irritated by
being kept waiting. I was what you would call
(Laughter.) I was no doubt Irritated when shesnappihshe;
coachman to drive back to get a glove. I never e tpoled„,---,.;
myself on those occasions in strong language. jl"mr --(3'-`
voted the ball a bore, and wished we had stayed at
I did not, I swear, use bad language. In speaking of tlee.
conduct of women, led never express myself in strong lan-
guage with regard to them. I never had cause to do so,
because 1 never knew anything bad of them. I never had
high words with my wife in in her bedroom at Dublin. It
was along time after we were married that I spoke about
the treckles. I only recollect being irritated on the occasion
of the ball in Dublin. I had not the slightest idea at this
time of my wife's age. (Laughter.) I have learned it since
I got her baptismal certificate from Geneva, in the event
of its being wanted for the Officers' Widows' Pension Fund.
She was born in 1825. I never chaffed her about being a
scarecrow; on the contrary, I thought her a pretty figure.
(Laughter.) 1 have discussed the subject of intrigues of
married women with my wife. I hope lam above slander
ing a married woman. I never believed in the saying that
1 intriguing women could keep up a look which would de-
ceive unsuspecting husbands. I deny all that has been said
as occurring at Chester-street. I do not recollect that the
dinner, the day we moved into the house, was later than
usual. Ido not recollect who waited on us that day. We
dined alone. I do not recollect going up stairs with my wife
to her bedroom. It was about a month after we moved into
Chester-street that Dr. Perry first came. I had a conver-
sation with him previous to his seeing Mrs. Fitzgerald.
Mr.
Pettigrew attended my wife three weeks after. I re-
peated a statement my wife made to me relative to what
she considered rough usage by Dr. Perry to Mr. Pettigrew.
I knew a nurse named Boyle. After her confinement Mrs.
Fitzgerald went to Tunbridge Wells.fixing The of a place
of abode was a source of great trouble to both of us. I went
to Cowes for a change. 1 know someaffectionate
gentlemen
there. I had a letter from my wife every second day,
By Mr. Huddleston—Theletter
1861, I got from Mrs. Fitzgerald
while I was -
staying a
Cowes.

Dr. W. Moore, of Sonth-street, Dublin, was next exa-
mined.

After this witness had been examined the further bearing
of the case was adjourned until to-morrow.

MARKETS---This Day,

MARK-LANE.

There was a moderate supply of English wheat at Mark_
lane to-day, but most samples came to hand in very raid
tiling 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 somewhat restricted.

ARRIVALS THIS WEEK.
Wheat. Barley. Malt. Oats. Flom.
Eng,lish 2,720 2,360 2,130 3SO 2,470
Irish.. — 300 I _
t oreign 14,860 7,450 1 , 16,320 I 500 skffs,

NENVGATE AND LEADENHALL,
The supply of meat on sale at these markets is large,
Generally speaking, thA trade is slow at our quotations,

Per 81b. by the carcase.
sit ad
Inferior beef .. 2 10 3 2
Nliddling do. .. 3 4 3 8
Frime large do. 3 10 4 0
Do. small do. .. 4 2 4 4
Large pork .... 3 8 4 2
Inferior mutton. 3 6 3 8

sdad
Middlingmutton 3 10 4 4
Prime do 4 6 4 8
Vaal
Small pork 4 4 4 8
Lamb .... 0 0 0 0

BOROUGH HOP.
The supply both of English and foreign hops on sale
being only moderate, the trade rules firm, and prices have
an upward tendency. The supply of American produce on
sale is very moderate.
Mid and East gents £5 Os to £9 Os per cwt.
Weald of gents 4 105 to 6 6s „
Sussex
Yearlings .. 3 Os to 5 Os If
Olds 1 10s to 3 10s ~
Bavarian 558t0 8 OS 9,
Belgian
American

to the
COLONIAL•
previous
operations have not been very extensive, but
both China and Indian descriptions have remained at about
previous quotation:'.
Sul:len—Business has been rather inactivs, owing
suspension of speculative operations, and in some instances
there has been a decline of is to 2s per cwt. In the mfincd
market quotations are nominally a shade flatter.
COFFEE—There has been a fair demand tor both planta
tion and Native Ceylon, which sold readily at fully
prices. . , , —8
RICE—Only limited transactions nave peen repurted,
Fuurr —The public sales of currants, raisins, s,/, ,_
without any material change in values.
proceeded without much animation, and the ' --, nave
r all for
ki
nbtdhos
et, ht
dhpeermenas
near
and:,
, rate, rflor
~
were in some instances rather under tiaose
rent. previously cur-
TALLow—There has been rather more activit
tations have shownAtaninabusrpiswhkoalrmiddaamr;:oscivtlecamsseinsttin g -Y t and
and forward delivery. P•Y C., on the 8
and spring delivery 41s 41 to 41s 6d Pot, is marked 41s,
sold by leelin
an Hunt, at publio
for
r cl,.
bael. Terceira,
advance.sVa el ,e nwe went
1 and
immo up r Lemons Sicily,improved
sustaind
approach
ForclhriT-8
Some parcels oranges from St.
withvalue,
o prospect obfeiangfulirgthhter;
nuts of all kinds, ,with the excepticia of Barcelona, meet
with a ready sale. Black
vance. Almeria grapes
of Spanish and chesnute at an ad-
line quality in request.