The Sun.
London, England, 1869-08-05 00:00:00

THE TIVIAN-W ATERFORD SCANDAL.

In the court for the trial of Divorce causes, on Wednes-
day, before the Right Hon. Lord Penzance, the cause
of "Vivian v. Vivian and Waterford" came on for trial. The
case has excited widespread interest owing to the high
position held by the parties to the suit. The petitioner, the
Hon. John Cranch Walker Vivian, M.P. for Truro, and War
Lord of the Treasury, prayed fora dissolution of his marriage
with Florence Grosvenor Vivian on the ground of that
person's adultery with John Do La Poer I3eresford,
Baron Tyrone and Marquis of Waterford. The peti-
tion set forth that the parties were married on
the 18th of June, 1861, and had since resided at
livers places, including Lowndes-street, Belgrave-square,
aruro, ite. By the marriage there were three children.
It was more particularly alleged that the respondent com-
mitted adultery with the co-reel ondent on the sth of
March, at the Hotel Westminster, Rue de la Paix, Paris.
Captain Vivian, the petitioner, asked that the co-respon-
dent might be condemned in the costs of the suit.
The Marquis of Waterford answered, and the respon-
dent simply traversed the charges.
The Solicitor-General, Mr. Prentice, Q.C., and Dr.
Swabey were counsel for the petitioner; Sir J. L. Kan-
lake, Q.C., and Dr. Tristram for the respondent; and
1)r. Spinks, Q.C., for the co-respondent.
Mr. Prentice, in the absence of Sir John Celeridg,,
opened the case for the petitioner. He briefly recapitulated
the particulars given in the petition. He, in addition,
stated that the respondent was a daughter of Major
Rowley, of the East India Company. They lived for some
time with Lady Kinnoul, in Lowndes-square, up to the
autumn of last year. In 1863 the petitioner made the
acquaintance of the Marquis of "Waterford, who was only
some 25 or 26 years of age, and they became very inti-
mate, and the petitioner visited the Marquis in Ireland.
He would read a letter to shew the court what friendly
relations existed between the parties.
Sir John Karslake hoped that, as other names would
be introduced ,the Court would read the letters itself.
Lord Penzance said that the parts of the letters referring
to the case must be read openly in court.
Mr. Prentice then read a letter from the Marquis
0 the petitioner, which commenced " My dear Johnny,"
and said, "I have had a d-1 of a row with `George,'
who has behaved infernally badl." The Marquis had
"every hope that he (Captain Vivian) would get into office,
as there must soon be a change." The first intimation
that the petitioner received of his wife's misconduct
was by two letters, one from the Marquis and the other
from the resr ondeat.
Sir J. Karslake and Dr. Spinks objected to these letters
being read till they were proved.
Mr. Prentice, continuing, said that in the first week of
March the respondent and co-respondent were found
missing. A detective was employed, and traced
the parties to Calais, and from thence to the Westminster
Hotel at Paris. The petitioner and a sister of the respon-
dent went to Paris, and there was au interview, in which
the petitioner implored the respondent to return for the
sake of her children ; but she refused, and then said she
must have time to consider. The next morning she wrote
a letter, saying, " I can't go. I have tried and tried to
give him up, and against his urgent request I must stay.
Don't let anybody come near me, or I shall do myself
some harm."

The Dowager Countess Kinnoul spoke as to the peti-
tioner and respondent being at her residence in Lowndes-
square. Captain Vivian seemed a good and kind
husband. The Marquis of Waterford came sometimes,
but witness did not see any undue familiarity between the
Marquis and the respondent.
Henry Smith, a sergeant of detectives, was on the sth
of March employed to find the Marquis of Waterford and
Mrs. Vivian. On that day, he (witness), Mrs. Knight, and
Captain Vivian went to Calais, and from thence to Paris.
Mrs. Knight and the petitioner went to the Grand Hotel,
and the witness found that the persons they were in
search of were at the Hotel du Westminster. He saw the
Marquis coming out of the courtyard. Knew him by a
photograph he had given to him.
Henry John Foley, brother-in-law of the petitioner, on
the sth of March went to see Captain Vivian, who shewed
him two letters. The petitioner seemed in great distress
on the day Mrs. Knight came to town.
By Sir J. Karslake : Did not mark the letters.
Emily Knight said her husband was a major in the
..my, and she was sister to the respondent. On the sth
of March, in consequence of a telegram, she came to id,
Lowndes•street, where the Vivians lived. Witness, the
petitioner, and Smith went to the Hotel du Westminster
and asked for the Marquis of Waterford. The door was at
first refused; but subsequently saw her sister and the Mar-
Witness told her that she had come to fetch her back.
Mrs. Vivian said she should not go ; but on witness saying
that Captain Vivian was in Paris, the respondent said she
would come and see him, and she came in half an hour
and saw the petitioner. Witness was not present at the
interview, which lasted from a half to three quarters of
an hour. The letter (produced) was received the next
day, and witness again went to see her sister, and again
urged her to return ; but Mrs. Vivian said she could nut,
as she had slept with the Marquis the night previously-.
Witness again tried to get her to come back, but the
respondent was obdurate. Witness asked her again to
come back for her children's sake, but she would not.

William Tanner, clerk to the petitioner's solicitor, went
0 Paris with the citations and copy of the petition in this
mit. At the Hotel du Westminster he served the citation
on the Marquis. Witness asked for Mrs. Vivian, and a,
lady came out of an adjoining apartment. Witness also
served her with a citation.

Thomas Calvert, clerk at Fox's, army agent, had been
dmed to paying the Marquis of Waterford's cheques, lie
believed the letter produced to be in the Marquis's hand-
writing,

Sir John Ka.rslake then objected to the letter being
admitted as evidence. There was no proof it was the
Marquis of Waterford's.

Lord Penzance said providing that the letter contained
anything material to the issue, and it was proved in the
Marquis's handwriting, he should admit it as evidence.
Dr. Spinks said that there was no envelope to skew that
the letter was meant for the Marquis.

Dr. Tristram said they admitted the identity of the
Marquis in Paris.
Sir John Coleridge said such being the case he should
withdraw the letters.

The letters commenced "My dear }lorry," and one
passage that transpired was "I have kissed 'D. L.
She grows more like you every day."
Dr. Tristram and Dr. Spinks, when called on to address
the court, said they had nothing to ray.
Lord Penzance said that the adultery had been abun-
dantly proved, and there would be a decree nisi, with
costs.

The Corporation of. Waterford on Wednesday
passed a vote of thanks to the Premier for the successful
passing of the Church. Bill.
PERVERTED NAMES.—As a proof of the way in
which names get perverted and their origin forgotten in
the course of a couple of generations, let us take the term
fly-" How few are aware of the meaning of the name.
About half a century ago sedan-chairs were in use at
Cheltenham, as in other places, Some ingenious person
placed a sedan-chair on wheels, thus saving the labour of
one chairman ; and as it was chiefly used after dark, it
was christened a "fly-by-night," and soon by abbrevia-
tion a " fly." The origin of the term is now clean for-
gotten, though it is corroborated by the fact that at Tor-
quay, and possibly elsewhere, very tiny carriages arp still
called " midges," and in French in ouches. The ornitholo-
gical idea with which possibly we have been wont to asso-
ciate the term hitherto is fairly lost in the entomological
if our account of the matter be true.

ROMAN CATHOLICS IN LONDON.—According to
the (Roman) " Catholic Directory," there are now in
London and its suburbs about ninety churches and chapels
belonging to that religion. It is curious to look back no
farther than sixty years, and to see how differently the
Romanists then were circumstanced. In the "Stranger's
Guide through London" for 1808, there are enumerated
only eleven Roman Catholic places of worship in London.
and two in the suburbs. The list is as follows :-1. Duke-
street, Lincoln's-inn-fields ; 2. East-lane, Bermondsey ;
3, Denmark-court, Soho ; 4. London-road, Surrey ; 5.
Prospect-place, St. George's-fields; 6. South-street, May-
fair ; 7. Sutton-street, Soho ; 8. Spanish-place,
Manchester-square ; 9. White-street, Moos-fields ; 10.
Warwick-street, Golden-square ; 11. Virginia-street, Rat-
cliff-highway ; 12, Hampstead ; and 13. Clark's-buildings,
Greenwich.

A PLUCKY RAILWAY PASSENGER.—The express
train from Bristol to Paddington, on Monday, met with
a singular accident. Soon after passing Reading the
passengers in a first-class carriage, last but one in the
train, were alarmed by a violent blow on the window
frame, followed by showers of small stones and gravel pat-
tering against the window and side of the carriage. On
looking out it was discovered that the tire had come cif
the middle wheel of the carriage in front. One of the pas
sengers seized the signal cord, but found it only went to the
next carriage, instead of to the engine, and that another
cord, on the other side of the carriage, was fastened to
stanchion in the middle carriage cf the train, and went on
from there to the engine, so that while those ,carriages
from the middle of the train to the engine were in coin•
munication with the engine-driver, those from the middle
to the end were only in communication with the stanchion.
One of the passengers then got out of the carriage and
walked along the steps of the carriages till he got near the
engine, when the driver saw him, and in obedience to his
signals stopped the train, thus preventing what might have
been a serious accident. As it was, a window was smashed
and a hole made in the carriage bythe broken pieces of the
wheel and ballast flying about. The train proceeded
slowly to Southall Station, where the disabled oairriago
ind e 94 444 the jojmypetimeciL,

HER 11IAJES7T.

OSBORNE, August 4.

The Queen, accompanied by their Royal Hie.-
nesses Princess Christian, Princess Louise, and
Princess Beatrice, drove out yesterday afternoon.
Her Majesty, accompanied by Princess Christian,
walked in the grounds this morning.
The other members of the Royal Family also
went out.

LATEST INTELL MENUS

(REU-Elt'S TELEGIL

AMERICA.
NEW YORK, August 4-
The steamers which le:Ivo. to-day for Europe
take out $550,000 in specie.

The Hamburg and American steamship Cimbria
arrived here at 9 p.m. yesterday.

The Allau (Glasgow) steamship David arrived
out to-day.

COMMERCIAL INTELLIGENCE.
CLOSING PI:ICES.

Gold closed at 136 ; the highest quotation dur-
ing the day was 136; the lowest, 1354.
Sterling Exchange on London llO.
5-20 U. S. Bonds, 1882 125.
14 " 1885 124.
4i “ 1867 1224.
10-40 i 4
Illinois
Erie 284.
Cotton—Mid. upland 33le.
Petroleum—Standard White 3l4c•
Flour, extra state, $6.70c. to $7.30e. Corn, old
mixed, $1.12c.

INDIA, CHINA, AND AUSTRALIAN MAILS.

MALTA, Aug. 4.

The Peninsular and Oriental Company's steamer
Poonah leaves at four p.m. this day for South-
ampton, where she may be expected about Friday►