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

FITZGERALD V. FITZGERALD,

' The further examinnation of witnesses in this extraordi-
nary case, the opening of which will be found in another
part of ne 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. Huddloston, and Dr. Spinks for the respondent.
Mr. William Bettersworth, father of the petitioner, exa-
mined by Dr.Wanobev, said—l was present at my daughter's
marriage with Mi:jor 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 not at all aware of it. She might have
had. I never had more to complain of than other people.
She was possibly irritable. Not very 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 dreaded 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 siibsequently. 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 ether. 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 heard 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 my wife. The portion of a
letter put into my hand is my daughter's handwriting. The
items arm 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. He told me he paid
£1,500 of debt, but it did 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.
He-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 Braden 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 could 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 I do?' 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—l was on
"negative" terms with Major Fitzgerald. I did not dis-
lite him. I cannot say I liked him. I don't recollect hay-

ing a servant named Mary Goodwin, but 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.
Frederica 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. Coram (examined by DriVamby)—l am Superintendent
of the police at Dover. In October I w,nt 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 major. 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 sending 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 me
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 he
had ordered to be forwarded to his club, and after putting
them in an envelope to post them to Mrs. Fitzgerald. The

letter put into my hand I have no doubt is one of those
letters so forwarded to Bradon.

Cross-examined by Queen's Advocate--I first became
acquainted with Major Fitzgerald in 1859. 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
likely 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
wifo lett he appeared to be extremely dejected. He used
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 ?
Dlr. chambers, , you don't mean to say he's
mad.

The Queen's Advccate—You will have an opportunity
of asking that question in re-examination. (120 witness)
—His language was always excited.
Witness—He was always talking about one thing, and
that was the separation from his wife. He asked me what

he should du respecting the correspondence with Mrs