The Sun.
London, England, 1861-12-21 00:00:00

LA TV INTELLIGENCE. Dec. 20.

COURT OF PROBATE AND DIVORCE.
(Before Sir C. Cresswell and a Special Jury.)
GETHIN V. GETHIN (THE QUEEN'S PROCTOR INTER-
VENING).
The hearing of this extraordinary case was re-
sumed this day.
Mr. Macaulay, Q.O , addressed the jury on behalf
of the petitioner, Lady Gethin, who, he said, had
proved a case of combined adultery and cruelty on
the part of her husband when the case was tried
before the Court. The Attorney-General had not
laid before the jury even a faint outline of the facts
connected with the petition which Lady Gethin had
brought forward, and which, he contended, dissi-
pated the charge of any collusion between her and
her husband. It appeared that Lady Gethin was
the daughter of a highly-respectable family named
Poley, who had formerly resided in Suffolk, and she
was married in 1846. At that time her family con-
sisted of an aged mother, since deceased, a maiden
sister, and her brother, Captain Poley; and the
gentleman with whom she was accused of having
committed adultery was an acquaintance of ten
years' standing. That gentleman was an industri-
ous, but not a professional artist, which led to the
frequent visits of Lady Gethin, in conjunction with
the facts that his child and the children of Lady
Gethin were acquaint& forsome time. Lady Gethin
lived with her husband until 1853, and during that
time she gave birth to the two children who are
still living. Her husband proved to be a man of
the most dissolute habits, and had run out his
estate, retaining only a nominal property in Ire•
land. He spent from time to time the money which
Lady Gethin received, and was dependent on her
family, whom he bullied, for the means of actual
support. HGW he lived at present was unknown
to his client ; but one fact was known, and that
was, that he was as penniless a beggar as any in
the street. If the Attorney-General had pursued
his researches further he would have told the
jury that taking into account the situation of
Sir Richard Gethin, he not being pressed for the
payment off costs, was not any proof of collusion
on the part of Lady Gethin. Proceeding with
the history of this unfortunate lady. It appeared
that in 1853, in consequence of his systematic ill-
usage and immoral conduct, she was compelled to
discard him from her society, since which period,
with the exception of two occasions, she had lived,
up till 1860, with her mother, whose house was her
sole residence. The first of these occasions was dur-
ing the Russia war, when Sir Richard Gethin in-
formed her that he had obtained some situation in
the Crimea, and expressed a wish to see her. She
then joined him for a week at Calais, and on his
return she again went to him at Southsea in 1856,
but she was again forced to leave him. Lady Gethiu
contemplated obtaining a divorce years since, and
in 1854 a case was submitted to that eminent civi-
lian, Dr. Addams, on her behalf, but he considered
that she had condoned the misconduct of her hus-
band. By the temporary cohabitation of 1856 the
acts previous to that period had been condoned, and
could be revived only by subsequent misconduct ;
and at the time when Sir Richard Gethin presented
his petition, in June, 1859, to which she and Mr.
Ellis both appeared, she was not in possession of
facts to establish such revival. But shortly after-
wards the newspapers made her acquainted with'the
fact that a suit had been tried in this court in which
Sir Richard Gethin was the co-respondent. That
was the case of Leatham v. Leatham and Gethin ;
and it appeared that during the absence of the hus-
band, who was employed in India, Sir Richard
Gethin had formed an immoral intercourse with his
wife, and which resulted in his obtaining a divorce.
Lady Gethin filed her petition, and, notwithstand-
ing the comments of the Attorney-General, it was
not extraordinary she should adopt that proceeding,
even though her husband had already commenced a
Tina for a divorce. With regard to the suit of Sir
Richard Gethin, it was regarded by her family as
an attempt on his part to extortmoney. The learned
counsel then went in detail through the evidence
adduced on behalf of the Crown, which, he con-
tended, though it might prove indiscretion on the
part of Lady Gethin, utterly failed to establish her
criminality.
Mrs. Robinson, examined by Dr. Spinks—l have
been living for 32 years in the family of Lady Gethin.
I know Mr. Ellis for about nine years. He visited
Mrs. Poley when she was living at Little Hampton.
Sir R. Gethin was intimate with him also. It was
in 1855 that Mrs. Poley removed to Ladbroke-
square. I knew of Mr. Ellis living at Victoria-ter-
race, Notting-hill. I have called on him there fre-
quently, and was admitted by the servant or Miss
Louisa Denny. I have gone out with him, Lady
Gethin, and the children, and I have sometimes
taken meals at his place. One of Lady Gethin's
children is about eight, and the other five
years of age. In 1855 the health of Mrs. Poley was
declining. The eldest boy almost always accom-
panied Lady Gethin in her visits to Mr. Ellis, and
sometimes the younger boy also went with her.
Sometime the maid ess,os.,a oQo .7e a, viAiltheu
trom Mr. Ellis's while the other remained. Lady
Gethin returned to Ladbroke-square at different
times, and occasionally as late as 11 o'clock at
night. The dinner-hour at Ladbroke-square was
one o'clock, and Lady Gethin used to dine with the
family at that hour. Lady Gethin occupied the top
room at the front of the house, which looked towards
the square, and not to Victoria-terrace, which was
at the back of the house. Lady Gethin is aboat 35
years old. I have never seen any romping on the part
of Lady Gethin—it was not her character. She is
merry, except when she is in tears at the recollec-
tion of her husband's ill-treatment.
In cross-examination by the Attorney-General
the witness stated that Mrs. Poley and her family
removed from Little Hampton to Albion-street,
Bayswater-road, Cadogan-place, and thence to Lad-
broke-square. Mr. Ellis lived at Little Hampton
when Mrs. Poley was staying there. Sir Richard
Gethin and Lady Gethin were at Little Hampton
at the same time, and Sir Richard Gethin appeared
to be on good terms with Mr. Ellis. When Mr.
Ellis was at Victoria-terrace he used to call at Lad-
broke-square, and Mrs. Poley saw him when she
was well enough.
By Mr. Macaulay—Captain Poley and all Lady
Gethin's family were very friendly with Mr. Ellis.
:" Capt. George Frederick Poley examined by Mr.
Macaulay--Mr. Ellis was on familiar terms with
myself and family previous to my mother removing
to Ladbroke-square. I was frequently at my
mother's at the latter place. I knew first of Mr.
Ellis living in Victoria-terrace before the end of
July. I called on him there frequently while he
was occupying the room on the second floor. I used
to call as frequently as two or three times a day,
and Lady Gatlin frequently went with me there.
Mr. Ellis and I went out frequently together, the
children accompanying us sometimes. Shortly be-
fore my marriage, in August, I occupied a bedroom
behind that of my sister, Lady Gethin. I think it
would be difficult to distinguish any person at the
window of Mr. Ellis's from my mother's in Lad-
broke-square.
Cross-examined by Sir F. Slade—l used to take
my sister to Mr. Ellis's, but not into his bedroom.
I took her into the drawing-room, and sometimes
went by myself into his bedroom. I remember can-
e' ine. at his place one morning and being told he was
in bed. Lady Gethin said, " What a lazy fellow
he is," and I said, " I will pull or rouse him out of
bed," and I went up to his bedroom. My atten-
tion was drawn to this circumstance by the speech of
the Attorney General yesterday. I then spoke to
the solicitor of Lady G: thin. I never went with
my sister to Mr. Ellis's but once while he was in
\r. (room. I have never seen my sister paint, but I
Jaye seen her draw. I have seen Mr. Ellis give
lessons to children in drawing, but I never saw him
give any lessons to Lady Gethin. I did not know
Mr. Ellis before I was living at Little Hampton,
[td. then was introduced to me by Sir Richard
Gethin. lam related to Mr. Ellis by marriage, but there was no previous rela.
tionship between us.
byl‘Dir;.Psrpesibtokns, solicitorfor Lady Gethin, examined
thad the conduct of this suit
from the commencemee
n
infor-
mation I received I In consequence of infor-
made inquiries respecting Sir
an
R. Gethin, and had answer prepared for his
Petition. I also had a petition on her behalf,
and both proceedings Were under the direction of counsel. Sir R. Gethin was ordered
to give
further particulars, but I do not ever remember-
Thewas ann
os wa Err
having received them from him.
to his petition was filed. There
raegement with Sir R. Gethin on Tr,
—Y part
for the discontinuance of his suit, and I instructed
counsel to take the necessary steps on behalf of
Lady Gethin in respect to the suit. Sir Richard
obtained leave to renew his petition, which he did
not do. I succeeded in getting the petition dis-
missed with costs. We never got the costs, and
understood that ho was utterly without money. I
do not know of any condition not to press for costs
if this suit of Lady Gethins were not opposed, or if
it were successful.

Mr. Francis Ellis examined by Mr. Macaulay.—
I was co-respondent in the suit of Sir Richard
Gcthin. I never authorised my solicitor not to
exact costs io the event .of that suit being with-
drawn. I was a widower, living at Little Hampton,
when I made the acquaintanco of the Poley family,
and I was on intimate terms with Sir Richard

Gethin. I was stopping with my brother at
Brockley, in Iramrshire, bfore I went to Victoria-
terrace. I heard a portion of the evidence of Miss
Louisa Dcnnys as to Lady Gethin having gone
once into my bedroom. I was then up and dressed.
When I occupied the one room it was my habit to
have my breakfast there. I used generally to dine
aGethin tan hotel in London. It was not true that Lady
used to be at my dinner table except when
dined out. At my dinner table I used t have tea