The Sun.
London, England, 1863-12-19 00:00:00

TIM SON. LONDON, SATURDAY EVENING% DECEMBER 10, 1863.

LAW INT.ELLIGENCE—(This Day).

DIVORCE COURT.
(Before the Judge Ordinary and a Special Jury.)
FITZGERALD V. FITZGERALD.
The hearing of this extraordinary case was resumed this
morning by the examination of the following witnesses for
the respondent.
George Alexander, examined by Dr. Spinks, said—l was
formerly a groom in the service of Mr. Fitzgerald in Dec.,
1860, and I remained there till 1861. I attended on the
major every morning, and frequently saw Mrs. Fitzgerald.
I thought the major treated bis wife with great kindness.
I was at Braden atter Mrs. Fitzgerald left in Aug., 1861.
The major came there in a very excited state ; he seemed
half mad. I put his pistols and razors out of his way.
The Judge—Was that an idea of your own ?

\Vitness—Yes, my lord.
Examination continued—l went to Dover with horses.
Mrs. Fitzgerald asked me to remain in her service. I
declined. I told her that the major was in a very excited
state in consequence of her leaving, and I did not think it
was right he should be left alone, and that he had no rest
night nor day.
The Judge—What do you mean by that?
Witness—He used to walk about the house all night, and
kept all the servants awake.
Cross-examined by Mr. Chambers—l saw a great deal of
the major. His temper was hot at times. He got into a
passion sometimes, but it was soon over. He did not in-
variably use bad language. His temper only lasted about
a minute. I have heard her d— the food cooked for dinner.
(Laughter.) I never recollect any quarrel between the
major and his wife. I recollect the cutting down of the
trees. Mrs. Fitzgerald gave orders for the trees to be cut
down. I heard both the major and his wife talking about
the cutting down of the trees, and Mrs. Fitzgerald gave
orders what trees should be cut down. I heard no quarrel
about cutting the trees down. Prescott was the housemaid,
Coe was the parlour-maid. I never heard him swear at
those persons. The major had a temper like most men, but
nothing more. I never said that the poorest cottager's wife
would not put up with the treatment Mrs. Fitzgerald re-
ceived from her husband. When I saw the major he never
told me the cause of his wife leaving. The major never
mentioned the subject to me.

By the Jury—l should say there were about forty trees
about the house, and I should think there were about six
cut down in all. I recollect the two poplar trees near the
house. They were amongst the six cut down. _

Clara Emma Needham— I was servant in Pont-street
while Major and Mrs. Fitzgerald were there. The Major
treated her very kindly. I left while they were there. I
have heard Mrs. Fitzgerald call Ashton, the parlour-maid, a
bad name because she had not done some needle work.

By Mr. Chambers—This was about three years ago. Mr.
Fresbfield was the first person who spoke to me about
it. I was servant to Mrs. \V righ the landlady of the house,
but I afterwards left to join Mrs. Fitzgerald at Braden. I
was discharged for being impertinent to the major, at least
Mrs. Fitzgerald said so. The major was invariably in good
temper, and I thought him a very quiet gentleman.
Lady Anu Cherston, examined by Dr. Phillimore—l
reside at '23, Thurloe-square. I was acquainted with Major
and Mrs. Fitzgerald. I renewed my acquaintance with
Mrs. Fitzgerald before she went to live in Chester-street. I
saw Mrs. Fitzgerald about a month after her confinement.
She told me Dr. Perry had treated her so roughly that it
ended fatally for the child. Mrs. Fitzgerald after this
called upon me to complain of the conduct of her husband,
Three of my children were ill, and when I told her Dr.
Perry was attending them she said she had no opinion of
him.

By Mr. Chambers—l never took any great interest in
the affairs of Major and Mrs. Fitzgerald. I never heard my
husband express a great wish that this matter should be
arranged. I have had some conversation with my husband
on the subject, but I never wished for an arrangement be-
tween them. I know of no offer of arrangement by Major
Fitzgerald. In 1862 Mrs. Fitzgerald called upon me, and
I believe she called at my house once after that. While the
interview lasted on her visit she complained of Major Fitz-
gerald's infidelity.

Captain George Andrews—l was formerly captain in the
Life Guards. I resided near Major Fitzgerald's house at
Braden, and I visited them about two or three times a week.
They always appeared to be on excellent terms with each
other. The major always appeared very kind to her.
By Mr. Chamber s—l forwarded a letter to Mrs. Fitzgerald
which the major wrote in my presence. [Letter dated
Nov. 26 road. It was that one in which the major denied
forwarding money to a certain person.] I knew nothing of
the person mentioned. I never heard of the circumstances
alluded to in that letter. I never saw Major Fitzgerald in a
bad temper—quite the contrary.
Miss Taffee—l am step-daughter of Lord W. Fitzgerald.
I recollect the marriage of Major Fitzgerald. I constantly
visited them after marriage while they were residing in
Ireland. They appeared to live vary happy. They called
each other " dear" and " darling." I have called at the
major's house while he was engaged at his office. I went
there to afford her society. There was every wish to show
her attention, They declined invitations, Mrs. Fitz-
gerald's language at times was rather coarse. I recollect
her illness in the spring of 1858, She never mentioned the
cause. I recollect him coming to England and living. in
Pont-street. She told me the loss of her child was Oc-
casioned by the rough usage of the doctor, and that she
would prosecute or bring an action against him for it. I
never saw her after 1859. I corresponded with her after
that period. My sister Julia is not able to attend.
By Mr. Chambers—She cannot give her evidence owing
to her attendance on Lord William at a water-cure estab-
lishment :in Ireland. It is a matter of necessity that she
should be with him. She is quite capable of giving answers
to questions, if she was examined, where she is at present
staying The major was of a hot and hasty temper, but he
was very sorry atter. He had been so from his youth. In
later years, since his entry into the army, he expressed
himself in strong language. I did not know Mrs. Fitzgerald
before her marriage. The first time I repeated what Mrs.
Fitzgerald told me about her illness was in a note I wrote
to my sister. The matter lay dormant until the present
unfortunate proceedings, and then, of course, it was recol-
lected by all of us.

Caroline Temple--I reside at 4, Charles-street, Lowndes-
square. Mr. and Mrs. Fitzgerald occupied apartments in
my house for some time in 1860. Major Fitzgerald inva-
riably treated his wife with great kindaess. 1 had
frequent conversations with her about her illness, and
she told me Dr. Perry had caused the death of her child. I
told her I never thought she would have a child to live,
owing to the violence of her tempor. I have frequently
seen her violent. On one occasion, while her father was
present, I saw her run into the passage after her father
foaming at the mouth like a mad dog. I ran to her and
begged her to be quiet, but before I got to them, they went
into their apartment and closed the door. I heard the old
gentleman say " Georgie, dear Georgie, allow me to
explain." When Mr. Fitzgerald came home that day Mrs.
Fitagerall was ill in bed. Dr. Pettigrew was sent for, but,
being from home, his brother came. The major was all
attention to his wife. He did everything that was possible
for her.

Cross-examined by Mr. Chambers—l received £4 a week
for the apartments part of the time, and £5 for the remain-
der. I received £2 extra from the major for the last two
weeks. I gave him a separate receipt for that. I don't
know that that occasioned a quarrel. I never heard them
converse together in French. I consider Mrs. Fitzgerald
played a hypocritical part before her husband. The major,
of course, was irritable sometimes, but not often. I have
heard him sometimes say "damn,' but I don't call that
swearing. (Laughter.) He never said that to my servants.
He said it to his own self. (Laughter.) I have not seen
the major for the last six weeks. He called upon me, and
seemed in great trouble. I knew nothing about the matter
until I saw the parties at the Westminster Hotel. When
Major Fitzgerald called upon me he asked if I could speak
for him. Mrs. Fitzgerald's solicitor also came to me. I had
not the least idea that there was a charge of adultery against
him. I was only asked if I could speak to his behaviour to
his wife while in my house. I did not give Major Fitz.
gerald notice to leave my house in April because his violent
temper injured my health. What should I say that for?
(Laughter.) I was as well then as lam now. (Laughter.)
3y Dr. Phillimore—Mrs. Fitzgerald's lawyer came to me
months before the major. Major Fitzgerald gave me the
£2 extra rent without his wife's knowledge, because he
thought it would worry her if she knew she was paying
extra rent.

Captain Mallet—l now hold an appointment in the
Foreign-olaae, having left the army. I knew Major Fitz-
gerald while I was quartered in Dublin, in the Lord-Lieu-
tenants household. I was in England from April to Nov.
1857. When I returned to Dublin I found Major and Mrs.
Fitzgerald there. I was married in 1853. I have a family
of six children. My fourth child was born in 1857. Miss
Bathurst was constantly with my wife. In April, 1858, I
met with an accident, and was confined to the house for
some timo. In October, lbsB, I came to London,
and wont to reside at 4, Scarsdale-villa, from
there I went to Pembroke-road. I was lame from
the result of the accident. I lied amongst my servants
a person named Ellen Bell, and her sister Eliza Bell ; there
was also a nurse in the house named Bloomfield. Eliza was
not in my service before her sister loft. Major Fitzgerald
was a frequent visitor at my place is Dublin before his mar-
riage, but not so frequently after it. My wife was not ac-
quainted with the major previous to my marriage, In April,
1859, being again in London, I met the major at the club,
and he asked rue where I was living, I told him, and lie
afterwards called once in that month. lie called several
times during the summer of 1859. Miss Bathurst came to
reside with us in London, She slept in the bedroom on the
first floor.
The case was proceeding when we went to press.

JERSEY, Dec. 18.—(Per Electric Telegraph.)—
The Volant, from London for Mataworas, has been cap-
tured by a Federal cruiser.

- - .
We regret to learn that one of the Principal
Secretaries of State has resigned, or is about to resign, on
account of ill health.—Herald. .

THE EMPEROR OF THE FRENCH has signed 5,000
francs for Billault's statue with his own hand. The im-
perial autograph has forthwith been in:torporated in the
archives of Nantes,—Front the Reader of to- day.

POLICE INTELLIGENCE—This Day.

MARLBOROUGH-STREET.

ANNOYING A COFFEEHOUSE KEEFER.—Chas. Temple-
man—but who gave the name last night of James Johnson
--describing himself as a valet, of 7, Smith-street, Bromp-
ton, was charged with behaving in a disorderly manner in
the coffeehouse of Mr. Peter Gaston, 63, Piccadilly.
Mr. Gaston said the defendant came into his house yester-
day afternoon and called for refreshments, which he con-
sumed, and, when asked to pay, refused, at the same time
attempting to leave. The defendant then created a great
disturbance, completely stopping the business, and was at
last obliged to be ejected with force.
In answer to Mr. Knox, Mr. Gaston said the defendant
was drunk.

Felix M'Mahon, C Division, said the defendant refused
to leave or to pay, and as he caused a disturbance and a
crewd to assemble, he took him into custody.
Mr. Knox fined the defendant 20a. or 14 days.

d. s. d.
Pine apples 8 0 to 10 0
Colonial do., each 0 0 to 0 0
Grapes,per lb 4 0 to 10 0
Foreign do 1 0 to 2 0
Melons .
Nectarines, per dz 0 0 to 0 0
Apples, per hl-sv. 2 a to 4 0
Pears, per do 3 6 to 6 0
Oranges, per 100..3 6 to 8 0
Lemons, per 100 3 6 to 7 6
Gooseberries ht sveo 0 to 0 0
Strawberries pr pt 0 0 to 0 0

0. d. 8 d
Mulberries,pr pt..o oto 0 0
Cherries, per lb. 0 oto 0 0
Foreign ditto, pun() oto 0 0
Filberts, per lb .. 0 9to 1 0
Walnuts, per 100 1 oto 2 0
Cobnuts, per lb .. 0 oto 0 0
Almonds, per bus 0 oto 0 0
Figs, per doz. .... 0 oto 0 0
Peaches.. . 0 oto 0 0
Currants, per ilsv 0 oto 0 0
Plums, per do. 0 oto 0 0
Greengages, pr do. 0 oto 0 0

Shallots, per lb .. 0 oto 0 0
Horseradish, pdn 1 oto 2 6
Parsley, per ditto 0 3to 0 4
Celery, per ditto 1 oto 1 9
Beet, per doz. 0 oto 0 0
Parsnips, per do. 0 oto o 0
Small salad, p. pn, 0 oto 0 0
Mushrooms,p ptl. 0 oto 0 0
Artichokes, each 0 oto 0 0
Cos lett, score .. 0 oto 0 0
Mint and savory..o oto o 0
Endive, per score 0 oto 0 e
Radishes, dz hnds 0 oto 0 0
Tomatoes, doz... 0 oto 0 0
Chillies, per ditto 0 oto 0
Capsicums, per do 0 oto 0 0
Rhubarb, per bun 0 oto 0 0
Asparagus, pr do. 0 oto 0 6
Seakale, per bun. 0 oto 0 0

yEGETABLEs.
Greens, dz bunch 4 oto 6 0
Cabbages, pr doz 0 9 to 1 3
It NI ditto 1 6so 3 0
Savoy do., pr dz 0 10 to 1 9
Cauliflowers, pdz 1 oto 2 6
Brocoli, per bus. 0 oto 0 0
Potatoes, per ton 60 0 to 110 0
New ditto, pr lb ..0 oto 0 0
Turnips, dz bunch 2 oto 2 6
Carrots, pr do 4 6to 6 6
Cucumbers 0 oto 0 0
Garlic, per lb
Sorrel, per sieve 0 oto 0 0
Green peas, ti.-sv. 0 oto 6 0
French beans,h.s. 0 oto 0 0
Onions, doz. bn.. 1 6to 2 0
New Do., dz bun 0 oto 0 0
Spinach 0 9to 0 0
Turnip radishes 0 OSo 0 0

POULTRY.

Turkeys, lOs Od to 25s Od ; geese, 4s Od to 10s Od each ;
goslings, Os Od to Os Od ; ducks, 2s Od to 4s Od ; ducklings,
Us Od to Os Od; rabbits, is Od to 2s Od each; wild do., 9d
to is 2d ; pigeons, Os 6d to is Od each ; Surrey fowls,
lOs Od to 15s Od; chickens, 6s Od to lOs Od; barn-door fowls,
3s Od to 7s Od ; capons, Os Od ; hares, 2s 6d to 3s Od ;
ptarmigan, Os Od to Os each ; pheasants, 3s Od to 4s Od ;
partridges, is Gd to 3s Od ; woodcocks, 3s to Os Od; snipes, is
to Os Od; teal, is 3d to Os Od ; wild ducks, 2s 3d to 2s 6d ;
widgeons, is Od to Os Od; plovers, Os 10d to Os Od each;
guinea towls, Os Od to Os Od; roasting pigs, Os Od to Os Od
each; Ostend fresh butter, is Od to is Id ; English, is
to is 4d per lb ; English eggs, 128 Od to lbs Od ; French do.,
8s Od to 108 6d per 100 ; leverets, Os Od to 2s Od ; grouse, Os
Od to 2s 6d.

Newmarket July

Nottingham

Reading
Egham
York
SEPT]
Warwick
Leicester 8
Doncaster
19
Brecon

UST.

Oxford 25
Derby
Lichfield
:MBER.
Richmond
Monmouth 22
Newmarket First October 27

LORD Stilit'OßD'S SALE.—'rite Uttfortunate course
adopted by the gal of Stamford at his late sale has
brought upon him 62 results for which we at least mere not
unizepared. On the 11th inef. Messrs, Tattersall received
a letter from Mr. R. C. Naylor claiming, of them the
year •
ling filly Sloth, for which he had been oUtitielden by Mr.
_en Broeck, who tutted for Lord Stamford. Imrttelligtely‘
upon receipt of this comniUnitiaticitt Messrs. Tattersall for-
warded Mr. Naylor's letter to En and on Monday
Lord Stamford wrote to them to say that ittri Xaylor was
perfectly welcome to the filly, and gave an order fot her to
be delivered up. Messrs. Tattersall'a difficulties wore, hosr-
ever, not yet over, as on Thursday morning they were writ-
ten to by Messrs. Graham, of Plowden,buildings, Temple,
demanding of thorn, opt the part of Viscoett St. Vin-
cent, the two horses, Cambuscan rind Archimedes, ;4 the
respective prices of 4,900 and 2,900 guineas, which me::
were bidden for them by his lordship's agettti Mr. Edwin
Parr, who being the last bons fuie bidder, was consequently
entitled toithe animals. The letter went on to state that
unless the horses in question were delivered up within Ant
days legal proceedings would be commenced against them
for their ree )very. Up to the present time Messrs. Tatter-
sall ha ea received nn communication from Lord Stamford,
and arc of course ignorant as to what steps be will take in
the matter. But as the law of vendor and purchaser is
clearly against his lordship's retention of the animals, it
is to be hoped, in the present disturbed state of the turf,
that there will be no cause for litigation, and that the lots
which are claimed will be delivered up to Lord St. Vincent,
who will be able to boast of having paid more money on the
turf for a two-year-old and a yearling than had ever been
known in the annals of racing.—Field.
A NEW WORK UPON JEWELS, written by Mr.
Harry Emanuel, the well known diamond merchant and
jeweller, is in the press, and will be published, we believe,
by Mr. r. C. Hotten. Its contents will consist of practical
information, and amusing old startling anecdote".

IRELAND.

DUBLIN, Dec. 18.

The Royal Agricultural Society of Ireland held
its half-yearly meeting at the Farmers' Clubroom,
Sackville-street, yesterday, the Duke of Leinster in
the chair. Captain Thornhill read the report, which
contained some matters of general interest. It
stated that 57 new members had joined since the
previous meeting, but expressed regret that many
noblemen and gentlemen intimately connected with
the landed interest, and deriving great advantages
from the exertions of the society, still withheld
their aid and influence. This want of co-operation
on their part tends to prevent the tenant farmers
free_ joining the society and competing for its prizes.
At the National Cattle Show, which was held at
Limerick in 1862, the judges in sheep in Classes F
and G recommended that the Cork Challenge Cup
should be withheld on the ground of Want of merit.
In Class G Captain Broughton exhibited a shearling
ram, to which the prize of £2O was awarded. He
conceived that this should have carried with it the
Cork Challenge Cup. The council, after full consi-
deration, sustained the award of the judges, Not
satisfied with this, Captain Broughton placed the
matter in the hands of a solicitor. It was again
considered, and ultimately it was agreed that a legal
opinion should be obtained, and that both parties
should abide by it. Mr. Lawson, the Solicitor-
was the counsel selected, and his opinion
was announced yesterday. It is that the council
have the power of withholding the cup from Capt.
Broughton.
There is one subject of general interest mentioned
in the report. Ireland was formerly famous for its
breed of horses, and for the dash and daring of its
horsemen. In this respect a marked deterioration
has taken place. The subject was brought under
the notice of the council at Kilkenny by Sir John
Power. The thoroughbred horses competing for
the Croker Challenge Cup were found to be so de-
ficient in all the qualities required that not one of
them was fully qualified for the prize. Sir John
Power again brought forward the matter at a very
full meeting of the council on Sept. 24, when he
read letters from noblemen and gentlemen, fully con-
curring in his statement that " the superior and use-
ful class of horses which formerly abounded in Ire-
land wasnow nearly extinct." The council appointed
a committee, to which it was resolved to refer the
entire subject, that they may make inquiries and
suggest remedies. The members of the committee
are the Earl of Bessborough, president of the
society, Lords Crofton and Dunlo, Sir John Power,
Sir Percy Nugent, Mr. H. J. M'Farlane, Major
Borrower, Hon. King Harman, and Hon. Thomas
Preston, with power to add to their number from
parties not necessarily members of the society.
It has been stated that the deterioration is the
breed of horses is beginning to be seriously felt in
the cavalry. The French and Russian agents who
visit this country to purchase horses for their
cavalry give a considerably higher price than what
is allowed for the Qaeen's service, and consequently
get the best of the horses.

CONSOLIDATED CHAMBER.—TUESDAY, DEC. 15.
(Before Mr. Justice Ball.)
LETITIA BIJONAP.ARTE WISE Y. LEWIS.

This was a motion on behalf of the defendant that the
summons and plaint in this cause be set aside, on the
ground of vagueness and embarrassment. It stated that
the defendant, who had been plaintiff's attorney, had
neglected to pay a debt of defendant's out of plaintiff's
money in hands, in consequence of which neglect an action
was brought against her by the creditor, and she WaS arrested.
Two causes of action ware alleged—neglect as attorney to
pay the plaintiff's debt in the circumstances stated, and
neglect to give notice to the plaintiff that service of the
writ of complaint in the creditor's action had been substi-
tuted upon the defendant, and the plaint in the present case
required damages for the defendant's neglect " in the pre-
mises," which the defendant alleged was calculated to em-
barrass the pleading, it rot being distinctly stated to which
cause of action the damages were to be referred. It was
contended on the part of the plaintiff that it Was legitimate
to include both causes of action in one count.
After hearing the arguments of counsel on both sides
which occupied a very considerable time,
The Court decided that the motion should be moved
before the full court next term—defendant's time to plead
to be extended accordingly.
Counsel for defendant—Messrs. Macdonogh, QC., and
A. 0. Byrne, Attorneys—Messrs. Lewis and Howe.
Counsel for plaintiff—Messrs. Charles Kelley, Q.C., aid
J. B. Dillon. Attorney—Mr. V. B. Dillon.