A CONSUL'S DIVORCE.

New Zealand Herald, Volume XXX, Issue 9307, 16 September 1893, Page 2 (Supplement)

A CONSUL'S DIVORCE.

CASE WITH SIX CO-RESPONDENTS. An extraordinary divorce suit, occupying some ten days, has recently been heard in London before Sir F. Jeune in the action of Burke v. Burke and six foreign corespondents named Martinet, De Lore, Avon, Pla, Rydstrom, and Flamand ; this being a petition for divorce by the husband, Frederick Moleson Burke, formerly a commander in the service of the British India Shipping Company, and now Consul-General for the King of Portugal at Algiers. Ho alleged adultery against the respondent •with theco respondents named. There was also a cross-petition by the wife, in which she alleged cruelty, misconduct, and adultery against the petitioner. Mr. Inderwick, Q.C., Mr. Searle, and Mr. Priestly were counsel for the petitioner, while the respondent was represented by Mr. Willis, Q.C., Mr. Dean, and Mr. Waddy. The respondent, Lucy Eleanor Ann Burke, said she was 17 at "the time she married the petitioner in 1877. In the month of July, 1884, while the witness and Mr. Burke were staying in the country house of Mr. Guianchain in the absence of the latter, the witness heard Mr. Burke come from Madame Guianchain's bedroom. The witness, who had retired to rest, awoke during the nightwent to the door, and found it locked out, side. On shaking the door she heard footsteps coining from Madame Guianchain's chamber, and Mr. Burko opened the door of witness' room. The witness asked, " Why do you lock the door ?" and Mr. Burke answered, " Don't trouble yourself ; go to sleep again; you've been dreaming." (Laughter.) The witness went on to recount a number of instances of cruelty towards her by her husband. She said she made the acquaintance of the co-respondent Camilo Avon at Lucerne, when he was in company with his wife and mother. The witness and Avon were never alone together. It was true that Avon did PAY HER SOME ATTENTION. When the witness said good-bye to Avon and his family, they kissed all round. On the witness' return to her husband in Algiers, Avon wrote saying he was glad that she had " made it up" with her husband. She confirmed the story of her counsel relating to Mr. Burke's visit to her at Earl's Court, when he said he was going to fight a duel with Mr. Guianchain. He went down on his knees and implored her with tears in his eyes to go back to him. He asked her to go with him that night to his hotel. The witness refused, and replied that she would think it over. Kventually she agreed to go and live with him. again, and shortly afterwards they went to Germany. The witness was next questioned by Mr. Willis as to the bal manque at the theatre in Algiers, and said ic was with the full cognisance of her husband that she went there and took with her the mask. The witness denied that there was any impropriety between her and Rydstrom. The respondent, further examined by Mr. Willis, sworo that the only fancy dress she ever wore at the bal masque in the theatre at Algiers was the one which was mado for her with the approval of her husband for a previous ball at the English Club. It was untrue that she ever went out in broad day in Geneva in a fancy dress reaching half-way down her legs, with the sleeves cut out and cut back and front. The witness was then cross-examined by Mr. Inderwick, counsel for the petitioner. She stated that she was just upon 18 years old when she was married, and not '20, as stated by her husband. She was born in Germany, as far as she know. Mr. Inderwick put in the certificate of the witness' birth. It showed that she was born May 28, 1857, which made her "20 years and five months old at the time of her marriage. The witness reiterated the statement that her husbaud and Madame Guianchain SAT ABOUT IX A CORNER, and flirted in public like two lovers. There were balls in Algiers every year. The public balls were accessible for lOf. to gentlemen. Ladies paid nothing. Witness admitted having received a letter from Candle Avon, in which he said he would meat her in Paris on Monday night. " You know," he wrote, " one lives more in the night than in the day at Paris. Say one word, then, and I shall FLY TO YOUR ARMS, sweeb darling." Ib was not true that ho came to her that night. She was in London. The deposition of the caretaker of the Villa Guianchain in the year 1884-5 was then read. He deposed to having seen Madame Guianchain but partly dressed, Mr. Burko being in the room in the same state. Madame Guianchain left the hou->e about five o'clock, and Mr. Burke five minutes later. The deposition of another male domestic on behalf of Mrs. Burko was read. Ib was to the [ effect that Mr. Burko had dined at the house when M. (Juianchain was absent. One night Mr. Burke came to his (deponent's) bedroom, awoke him, and told him Madame Guianchain wished for refreshment. After the conclusion of the case for Mrs. Burke, Madame Emma Guianchain, with whom it is alleged by Mrs. Burke Mr. Burke had misconducted himself, described how the intimacy between her family and the Burkes ripened into friendship till the time when Captain Burke got his appointment) in Algiers. Witness had been married 18 years, and had never had but one quarrel with her husband, and that was in 1889. Witness related another incident, the locality of which was her own house in Algiers, and while her husband was away. Mr. Burke was on that occasion a casual visitor. Witness became very ill. She thought she had the cholera, and as the house was in lonely surroundings sho begged Mr. Burke to stay the night. She took an overdose of chlorodyne and became unconscious. She just had time to call Mr. Burke to alarm the servants, who had retired to rest. She was on the couch in the drawing-room. The housemaid came in answer to Mr. Burke's call, and after having taken a little brandy and water, j witness retired at half-past-nine. CAPTAIN BUKKE'S DENIALS. Captain Burko went into the box, and spoke of the occasion when his wife had circulated the report in hotels that he and Mdme. Guianchain had retired to rest together. He asked her to go and apologies to Mdme. Guianchain. She did so, and expressed her regret. Witness said he had not the slightest idea that it would be suggested, as had been done, that he was in Margate in August), 4*85. He had never been at Margate in his life. Mr. Inderwick: Have you ever seen Mdme. Guianchain ab the Holborti Viaduct Hotel ? No. Is there any truth in the suggestion that a chambermaid caught you and Mdme. Guianchain alone together ? Ib is absolutely false. As far as I know Mdme. Guianchain has never been there. I have stayed at the hotel for thirteen years, and am perfectly well known there. Crossexamined by Mr. Willis: During the four years prior to 1889 how many times did you dine alone with Mdme. Guianchain? I decline to pub such a strain on my memory. (Laughter.) Mr. Willis, for the respondent, then addressed the jury. THE SUMMING UP. The judge in summing up said: —As English people in a foreign land, the friendship between Captain Burke and Madame Guianchain was natural, but no one could say their behaviour towards each other was wise, knowing the undoubted jealousy of Mrs. Burke. They showed a lack of wisdom in not effecting sooner the discontinuance of the friendship which they agreed upon later. This much he was bound to say, that Captain Burke had given his evidence in a straightforward, manly way, while Mrs. Burke's statement that her husband and MadameGuianchain livedin open, notorious, and obvious adultery, was palpably uncorroborated. The president then alluded to the nature of the evidence of servants in divorce cases, and said that they invented I what seemed to them the most probable I story, but its probability in the eyes of the court was quite another thing. He said there was no need to analyse tho evidence against Mrs. Burke too closely. Statements had been made sufficient to convict fifty women. They were of the grossest and most shameless kind, and, if true, would render any English lady unfit bo mingle in decent society. The jury found that Mrs. Burke had committed adultery with Caraile Avon, bub not with tho other co-respondents. They also found that Captain Burke had not committed adultery with Madame Guianchain. His lordship granted a decree nisi with costs against Camile Avon.