, 1864-01-12

EXTRAORDINARY DIVORCE CAsE-FrTzaERALD
vs. FITZGERALD.
From tho Liverpool Mercury, Dec. al
The case OF. "Fitzgera1d rs. Fitzgerald II
was opened in the Divorce Court on Wednes-
Mr, Chambers statcd tho case. He said
that the petitioner, Mrs. Charlotte Georgiana
Fitzgerald, prayed for divorce from her hus-
band, Major William Fitzgerald, on the aground
Of cruelty and adultery. to which the respon-
dent pleaded deq1al l;,., Ma|9r Fitzgerald Was rs
petitioner was the daughter Of gentleman
Of fortune named Bettesworth. The mar
riare was solemuized at St. Georges, Hano-
yer suuare, on the 18th Of November, 1857,
and In about week afterwards the iEtreat-
ment WIS commenced: It appeared that at
was in debt, and receiving only $500 from
his father-in-la he abused him aud his
HIfe's mother in the hearing of hi5 wife. AZ
ter the marriage the parties went to Paris and !
t1en returned to Dublin, whfre they resided
in Hume street for some months. Major
Fitzgerald vas deputy a9aster@aster gsner
become acouaintcd with gentleman named
Mallet, who held situation in the Castle OF
Dublin, and 1t was with tho wife Of that gen.
leman that the adultery Was charged. The
intrigue with this lady was carried on during
the honeymoon, and the neglect and ill-trea
during the period Of their cohabitation,
which lasted until the 23d of August, 1852,
and In two instances his conduct produced;
premature confinement, and the death of-the
children with which she was then encieate.
Major Fitzgerald took on himself to decline
Invitations for his wife while they were In
Dublin, and he was In the habit Of leaving
her alone from breakfast until the evening.
The learned counsel further stated that the
respondent was entitled to between e30, ,000
md 9s0,0 eco in the event Of surviving his wife:
Mrs. Fitzgerald Was examined By Mr. Cham
bers. She said TINT after the marriage she
md her husband went to Polkestone and
then to Paris, where they stayed at the Hotel
des Deux Mondaa for seven or eight days.
They breakfasted together at the hotel, but
Major Fitzgerald LETT her alone ali day, and
only took her out once, and that at the iusti-
CATION Of their landlady. He abused her
parents In the most offensive manner, calling
her father 10 scoundrel," and her mother
ia sharper" md ''desiguing, wicked old
woman.h He also treated her very Ill while
they we're in Paris, both by Language and con-
temptuouB manner. He took fan from her.
stating that he was going to get it repaired;
but be did not bring It back, and said that It
Lad been given her by some "- lover Of
hers" On their return to London after 1eav-
told hcr that Mrs. Mallet had sent one back
and II would do for her, but she refused. She
heard him constantly talking about Mrs.
Mal1ct. When he spoke Of HRS. Mallet 1t
Was in IN impressive manner. On their
way to Holyhead, on their return from the
monoeylables. There was something strange
in his appearance, and she asked him if he
was III. He replied, II never did love you,
and only married you tor your money! and
hc censured his father for not having prevent
cd the marriage wien he knew the state Of
his feelings. When they returned to ireland
they rcmained for come time ct salt-hill-Ho-
fec only about two hours In the day, but he
was in the habit OF leaving her alone While
ut salt-hil Major Fitzgerald called her tan
old screw and a lattered creature" He did
not ill-tTcat her before servants. He reques-
ted her to visit Mrs. Mallet among tho first
occasion he said with reference to their h,y-
irg children, that If they were like her they
would be *sucll disgusting little imps.''
With reference to taking her into society in
Dublin, he said, II am not going about like
an ass, with wife tied to my tail'' In May,
1s5s, they came 70 England, and she took mp
her residence at Dover for two months, but
,ler husband remained In London. Major
Fitzgerald wos in the habit Of praising NO
men to ler, who possessed what she did not
in her personal appearance, such Us the color
CT tair and complexion. He called her an old
ecarecrow, mud he likencd 1er to q lump Of
dirt. He had conversation with her about
yiscd her, if she was not happy, to do the
same. Size said she would, and TINT If she
left him she would return to ler parents; and
lie replied that she had better do 30, Ms any
body else would drop her like lump of dirt.
The witness then detailed series Of acts Of
violence on the Part Of her husband, which
led to her premature con1nements, and the
effects Of which were visible In bruises and
marks On Ter person, and on one occasion lie
iaMmed her between the door Of q Toom.
MINOR Fitzgerald said, with respect to her
premature confinement In Chester street,
what fool she must beto lire with him after
that event.
The Queens advocate cross examined the
witness at great length. She met her hus-
bnnd first Mt Ata1don, and she was acquainted
with him about three or four months before
their marriage. Major Fitzgerald expected
tEeir marriage, but he only got $500. It was
Misunderstanding on her husbands part
There YVES e8,000 settled by. her husbands
father on her, and 4100 year, which her hus
tard received. Her husband hnd about EE5500
a year. She admitted that some letters pro-
ouced were in her handwriting, hnt denied
that others were. She said that on the occa-
sion Of one of her condnemenfs she was ex-
amlned by Dr.. Perry, who put her to PAIN
She denied that she ever stated to Lady Ann
CEe1eon that Dr.. Perry had caused the death
other child; but she believed that when her
husband said 80 she adopted his statement. She
did not make any such statement to Dr. Petit
grew or my one else. They purchased with
Fer money house at Braden, Malmesbury,
and hero they bad IN alteration respecting
some trees, which her husband wanted to cut
down, and he called her viper. Some time
before TINT be had caused her spasms in the
heart by his violence. During two years that
he ahssnteii himself from her bed there was
no necessity for his doing SO from the state
Of her health, except for about six weeks.
In August, 1eG1, her husband was ut Cowes,
hut not In consequence of bad health, but
fer pleasure, She could not say that The let
ter now produced was IN her handwriting.
She knew man named Kelley, who had been
butler In Mr. Mallett's family. When the
present proceedings were instituted he WIS IT,
ing Ill III the Bath Hospital, and expressed .
wish to see her. She went to him anl car
ried him what she thought from his state he
might require. She knew Mrs. Hopkins,
who was ont Of her mind in consequence Of
the persecution to which she was subjected
with view to prevent her giving evidence in
this suit. Withrcspectto the child to which
shc he'd given birth, and which had died thir-
ty-six hours afterwards, she did not refuse to
sec it. When it was moaning in it's last crl-
sis she desired it to be taken up stairs that
she might not be disturbed By Its cries.
Mr.. Perry, F. Z. c. s., said that he had been
called In to see Mrs. Fitzgerald at Chester
street in 1850, in order to give all opinion Us
to her condition. She WIS eight mouths in
pregnancy. From what she stated as to an
alteration between her and her husband
come days previously, she felt very III, and
from the symptoms she described he felt sat
istled she was carrying dead child The
witness then stated that he adopted means to
ascertain the fact, Of which he YVES quite sat-
isfIed. The means were Of tho most simple
nature, and as far as he could rccollect be did
not think that he had recourse to the use Of
/, any instrument. He could not have killed
| the child without endangering the life Of the
| mother. He did not remuin with Hrs. Fitz-
gerald more than quarter Of an hour, aud
had not seen her since, except in court that
day. On the day when he was called in to
Alfs. Fitzgcrald's he saag the major, and he
believed he made report to- him relative to
| his wife, and the major gaEc him his fec.
A number Of. letters written By Major Fitz-
.gcrold to his wife, shortly after the scpara-
| tion, were read. They were an in the same
tone, earnestly imploring her to forgive him
| md to return to him. We insert one Of them
as specimen;
| lit DAZZLING WnE: =,
| I got the d1aught. Indeed, indeed, you are IL
rsed will take care Of the IS till We meet asnln
| Do give me hope, {or an, vow before God, iu
I'm awful state Of mind. Dearest, kndest, best o.
| wiyes, little thought loved you 50 tendcrly as
| do GeorgieI hnYe behaved badly to ron, anG