THE DUNCAN DIVORCE SUIT.

New Zealand Herald, Volume XXVII, Issue 8360, 13 September 1890, Page 2 (Supplement)

THE DUNCAN DIVORCE SUIT.

The following is the concluding portion of the trial in the Divorce Court of the petition of Mr. Charles Arthur Duncan, who was connected with the city tea trade, praying for the dissolution of his marriage with Mrs. Duncan on the ground of nor misconduct with Lieut. Engloheart, of the Welsh Fusiliers, and Henry Hill, an inspector of the Royal Irish Constabulary.

Mrs. Helon Augusta Duncan, the respondent, was called. Sho said she was married in July, 1878, and had Mount Leader, in Ireland, with a pension for the maintenance of tho children and an allowance. When she was first marriod she had a substantial income, but of late years it was considerably roducod. Her husband was a good deal away in London, for tho last two years being absent from eight to ten months in a year. At Mount Leader sho kept open house, and entertained officers, magistrates, tho Irish constabulary, and others. She made Lieutenant Engleheart's acquaintance in 188:1. He was then with his detachment at Millstreet, Ho used to visit tho houso and take part in charades, theatricals, and lawn tennis. From timo to timo he had stayed at the house. He was musical—used to sing well, and could paint. He was quite a young man. He would hunt with her. Ho was very friendly with the children, and camo to the hous« as much as ho liked.' There was no secrecy about his visits. Ho used to rido Mr. Duncan's horses with tho knowledge of tho petitioner. In tho autumn of ISSS Lieutenant Engleheart met with an accident at the steeplechases at Mallow, and on that occasion sho travelled in the same carriage with him. Her husband saw thorn off. There was a lawn tonnis tournament at Quoenstown, and sho slept on that night at the Queen's Hotel, but it was untrue that there familiarities took place between her and Lieutenant Engleheart. At Cadogan Placo ha visited hor, and had driven out with her. He might have had luncheon with her. Had walked about tho grounds with him as well as with other persons. • It was not true that he ever came out of her room with a lighted candle. She also denied that sho had written to Lieutenant Engleheart in terms of endearment. Sho had written to him and he had replied. At that time she and her husband wore not occupying the same room. Her husband know of her staying at Sloane Terrace, and that Lieutenant Engleheart stayed thore. Her husband knew of the ball at Den high. It was not true that on that night Lieutenant Engleheart was in her room. When in London he took her about to theatres and other places. She had never received a letter from him signed " Evy," or one that was written backwards. It was not true that her husband objected to tho visita of Lieutenant Engleheart. Down to the hist he was upon friendly terms with him. On one occasion they wont to a dance at Wrexham with Lieutenant Engleheart, and hor husband saw them oil'. .They came back the next day. Hor husband never complained of that. In tho summer of ISS7 she had the house at Albion Place, Hyde Park. Lieutenant" Engleheart came up prior to Jubilee week and stayed at the house. It was not true that the wardrobe separating tho two rooms was shifted by her. She had fished with him a great deal, and a boy was always with them. They fished from the bank. On one occasion there were some private theatricals in which she and Mr. Hill took part. The rehearsals took place at Mount Leafier. She remembered an occasion when her child came to the doer. There was no handle to it, nor had thcro been for two or three years. As to what had been deposed to in regard to the pulling down of the railway carriage blind, she knew nothing of the circumstance. As to tho Parnell commission incident, sho recognised Mr. Hill in court, but she denied throwing a kiss at him. She went away with him in a cab, as her husband said he was going to the city. She denied any familiarities with Mr. Hill. In cross-examination by Sir Charles Russell she said that she wanted no excuse to bo in the society of Lieutenant Engleheart. Ho was a very agreeable companion, and was fond of dancing and music, and she liked him very well, as she did other otlicers who came to the house. None of them except Lieutenant Engleheart stayed at her house and in the same apartments in London. They had their meals together, and she was very much in his society. Sho did not sing duets with him, as she could nob sing a bit, and she only played accompaniments badly, but she did her best. It was a mere accident that he came to London when she was there. All her friends called upon her. Sho certainly told her husband on every occasion of the visits of Lieutenant Engleheart, and that he slept at the house, and had mentioned this to her solicitor. He always wrote to say that he was coming, and she would send a trap to meet him. She had written to him to come over and stay at any time. He could easily obtain leave of absence When in London she went out and about with. She probably left her husband in London.

Do you now, looking back on the matter, reproach yourself for your conduct with this gentleman ? I see no harm in it.

Not even indiscretion ? No.

- examination continued, she had been with him to theatres in London. The meetings were accidental, no arrangements being made in regard to the matter. She paid a visit to Eastbourne, and by accident he also wanted to visit, an " ancient" aunt living there. (Laughter.) There was no concealment about the matter.

Lieutenant Engloheart, of the Welsh Fusiliers, the co-respondent, was called, and gave an emphatic denial to the charge. In cross - examination, he said that it did not occur to him that it was compromising Mrs. Duncan to have slept in the same house with her in the absence of her husband. When he wont with her to Sloane Terrace he did not know that her husband had gone back to Ireland.

Mr. Reid, Q.C., in his address to the jury on behalf of Lieutenant Engleheart, referred to the evidence of the waiter at the Queen's Hotel, Queenstown, pointing out that the incident he referred to took place five years ago, against which they had the direct denial of the accused parties. The whole evidence against his clieut was an accumulation of minus qualities. Men of the world and cynics might sneer at a platonic attachment existing between a woman of 37 and a young man of 20, but there was no question that Lieutenant Englehearb looked rpon Mrs. Duncan with gratitude and respect. Mr. Cook, Q.C., followed on behalf of Mr. Hill, pointing out that an adverse verdict to his client would be his absolute ruin, while he need not say what the consequences might be to a lady in the position of Mrs. Duncan. Except the evidence of Hallahan, there was not <% scintilla of proof of any one fact on which Mr. Duncan was justified in putting in his petition. As to the story of Mr. Hill kissing Mrs. Duncan on the stairs on the occasion of the private theatricals, it was an improbable story, as the house was full of people at the time ; while as to the alleged kissing in the stables, no date was given, so that there was no opportunity of inquiring into the truth of this matter. The jury had heard the detailed account of the socalled thrashing of Mr. Hill, but that gentleman certainly acted in a more creditable way than Mr. Duncan, whoso action in that respect was farcical. The jury found that Mrs. Duncan had committed adultery with Lieutenant Engleheart, but they were not agreed with regard to Mr. Hill. Replying to his lordship, the jury intimated that there was no chance of their agreeing with regard to tho second-named co-respondent. Mr. Bayford, Q.C., on behalf of the petitioner, suggested that the jury should be discharged in regard to Mr. Hill. His lordship said that he took their verdict on the one part, and discharged ib on the other.

The jury assessed the damages at £500 as against Lieutenant Engleheart. His lordship granted a decree nUi. with costs against Lieutenant Engleheart, and granted a certificate for a special jury, with custody of the children. As the respondent had property in her own right, the question as to her costs stood over.