The Sun.
London, England, 1862-12-15 00:00:00

LAW IN7ELLIGENC'E, Dec. 13.

COURT OF DIVORCE.
(Before Sir C. Cresswell and a Common Jury.)
WITT V. WITT AND KLINDWORTII.
The hearing of this cause, which commenced on
Friday, was resumed, and additional evidence on
behalf of the petitioner was adduced.
Mr. Hawkins, Q.C., and Mr. Keane appeared for
the petitioner ; Mr. Kerslake, Q.C., and Dr. Tristram
for the respondent ; and the Queen's Advocate and
Mr. Holl for the co-respondent.
Mary Hazel, a nursemaid to Mr. and Mrs. Witt,
said that when she was first in their service Mr.
Klindworth used to call three or four times a week
while Mrs. Witt was ill. This was after her husband
had left for business in the morning. He used to go
up into the bedroom, and she was desired to leave.
When she got well audcame down stairs, which was
at Christmas time, she used to go out with Mr.
Klindworth in a cab, and they were out about an
hour or two. She had received letters to post from
Mrs. Witt to Mr. Klindworth, and she told her to
put them in her pocket and not let Mr. Witt or any
one see them. She went with the family to Ton-
bridge Wells in February. They went to Stetting-
burgh House, kept by Mrs. Cox. They remained six
weeks. Mr. Witt used to come on Saturday night
and stay till Monday. Mr. Ktindworth came down
two or three times a week, but never while Mr. Witt
was there. He generally came by the last train at
night and stayed till next morning. He used to
sleep in the bed-room upstairs, and Mrs. Witt's
bed-room was adjoining to the parlour, with fold-
ing- doors. On one occasion Mrs. Witt told her to
go and sleep in Mr. Klindworth's room, for he was
going to sit up with her as she was not very well.
Her mistress and Mr. Klindworth were in the din-
ing-room when she went to bed. When she came
down next morning Mr. Kliddworth was in Mrs.
Witt's bed-room. He unlocked the door and let
her into the bed-room. The following week Mr.
Klindworth was again at Tonbridge-wells, and her
mistress then told her to sleep in Mr. Klindworth's
room, as he was reading some pretty books to her,
and he would like to sit up and finish them, and the
next morning Mr. Klind worth was in her mistress's
bed-room. The following week Mr. Klindworth
came again, and she was again sent to Mr. Klind-
worth's room. She was told not to go up till Mrs.
Cox, the landlady, was in bed, and all the lights
were out. She said Mr. Klindworth would lie on
the sofa, because he was afraid of oversleeping him-
self, and being too late for the eight o'clock train.
The next morning Mr. Klindworth was washing his
hands when she first saw him in her mistress's bed-
room. He went off by the train, and gave her half-
a-sovereign before he left. She had seen them kiss
each other twice. She heard her mistress say before
they went to Tonbridge that if it bad not been for
the persuasion of her friends she should have married
Mr. Klindworth, for she liked him better than Mr.
Witt:

Cross-examined—Witness went away from Ton-
bridge, and did not return to London. Her mis-
tress discharged her because she had been talking to
Mrs. Cox about Mr. Klindworth. She told her also
that Mrs. Cox said she had beaten the child, and for
that reason she discharged witness. Witness was
now living at home with her mother at Sudbury,
in Suffolk. She had been in Sudbury workhouse
confined with an illegitimate child. That was last
November. She had also been in Westminster
workhouse, from whence she was passed down to
Sudbury. While she was living at Mrs. Frost's,
Mr. Witt came to her. That was in November,
1861. She went out with Mr. Witt in a cab to his
attorney's and came back at twelve o'clock at night.
At Tonbridge witness used to sleep with Mrs. Witt,
except when Mr. Klindworth came. Mr. Witt
slept upstairs when he came down. Mrs. Witt's
little child used to sleep in her mother's room in a
bed by her side.
Mrs. Cox, the landlady of the house at Ton-
b ridge Weis, recollected Mr. Witt taking lodg-
ings at her house. It was about February, 1861.
He afterwards came with Mrs. Witt and the nurse
and child. Mr. Witt always came down on Sa-
turday, and remained till Monday. He slept in
the bedroom on the second floor, not with his wife.
Mr. Klindworth came altogether six or eight
times to sleep, and once he came when he did
not sleep there. He used to sleep on the second
floor. One morning she placed herself opposite
Mrs. Witt's door about half-past seven. She heard
Mr. Klindworth unlock Mrs. Witt's bedroom door
and go upstairs. He was dressed, and had his slip-
pers on. He saw witness in the hall. The nurse
was in the bedroom which was taken for Mr. Klind-
worth. She spoke to Mrs. Witt about the matter,
and said it was very unpleasant to have such a thing
going on in the house. She said Mr. Klindworth
had only been sitting up to have some music. Wit-
ness told her on one occasion that she thought she
had heard the servant slap the child. She was very
angry, and said that in consequence of what the
servant had said about Mr. Klindworth she should
go out of the house directly. Mrs. Witt said Mr.
Klindworth bad given her half a sovereign to say
nothing about his being there. Mrs. Witt told her
afterwards that she had telegraphed for Mr. Klind-
worth to come down, and he did so.

Cross-examined—Witness allowed her daughter
to go to town with Mrs. Witt, and she went and
stayed six weeks with her. She used occasionally
to sit with Mrs. Witt. Mrs. Witt used to complain
and appeared unwell whenever Mr. Witt was there;
but she was well enough when Mr. Klindworth was
there.

George Lee, the servant boy in Mr. Witt's ser-
vice, said he went there about two years ago and
remained a year. He had seen Mr. Klindworth
dozen times and more at his master's house. He had
been sent by Mrs. Witt to Mr. Klindworth's house
with letters several times. Mrs. Witt had told him
not to say he had been there with letters. H© was
sent once to the Hare and Hounds at Hampstead
for a comb which had been left there by Mrs.
Witt. He was told to remind the people that
it belonged to the two persons who had dined
in the private room upon steaks. When Mrs.
Witt used to go out with Mr. Klindworth, wit-
ness was told to say she was gone to Mrs.
Church's. Witness had received money once or
twice from Mr. Klindwoah. The afternoon when Mr.
Klindworth came there, after the trip to Tonbridge
Wells, Mr. Witt came home, and he had to let Mr.
Klindworth out by a side door. Another time, Mr.
Witt. was in, and Mrs. Witt expected a visit from
Mr. Klindworth, so she told witness to go and
watch for Mr. Klindworth. He got over the wall,
and saw Mr. Klindworth and told him; where-
upon he went to the York and Albany to wait, and
when his master was gone he went and told Mr.
Klindworth, who then came in, and he gave wit-
ness a shilling.
Miss Cox, daughter of the landlady, said she re-
collected Mr. Klindworth coming to the house, but
not when Mr. Witt was there. She confirmed her
mother's account. She afterwards went to stay in
London with Mrs. Witt ; Mr. Klindworth used
then to come three or four times a week, but not
when Mr. Witt was at home. They used to go
out together sometimes. She said that she had
once been to an hotel at. Hampstead to lunch with
Mr. Klindworth.

Mary Slade—Was formerly a servant with Mr.
and Mrs_ Witt. She remembers their going to Ger-
many. The day before they went Mrs Witt sent
her with some of the plate to the pawnbrokers. Mr.
Witt did not know of it. A ring was afterwards
pawned, and witness was sent to take it out of
pawn. Mr. and Mrs. Witt used to live very happy
and comfortably together.
Several letters were then put in and read. They
were written by Mrs. Witt to .her husband while
she was residing at Brighton and Tonbridge Wells.
The language was of the most affectionate descrip-
tion, and the terms most endearing.
Mr. Karslake then addressed the Court on behalf
of Mrs. Witt, and said he should bo able to prove
that at the time of the alleged adulterous intercourse
Mrs. Witt was in such a state of health as to render
such an occurrence most improbable, if not impos-
sible. He should also show that Mr. Witt'a conduct
had been unjustifiable towards his wife •, that he had
been in the habit of associating with bad women, and
had kept very late hours. He could not deny
that the conduct of Mrs. Witt and Mr. Klindworth
had been of a mere familiar character than was ju-
dicious. but there was nothing to prove that any
criminal act had taken place between them. It
would be shown that during Mrs. Witt's illness her
husband was in the habit of taking his male friends,
including Mr. Klindworth, into her bedroom while
she was in bed, and there they used to smoke and
play cards. Such conduct was not at all what you
would expect amongst English people. These were
all Germans, and very possible it might be no more
than was customary among them. At any rate, it
showed a laxity of manners that would in a great
measure account for the familiarity that had existed
between Mrs. Witt and Mr. Klindworth. He then
proceeded to call evidence.

Mr. Sopwitb, a surgeon at Tonbridge Wells, said