DIVORCE IN HIGH LIFE.

New Zealand Herald, Volume XLIV, Issue 13390, 19 January 1907, Page 2 (Supplement)

DIVORCE IN HIGH LIFE.

FATEFUL MEETING ON* A TRAIN

! Sensational allegations of cruelly against a j wealthy Irishman were made at Dublin, when Mrs. Lydia Eleanor Purcell Fitzgerald was granted a divorce from her husband, Mr. Gerald Purcell Fitzgerald, of the Island, Co, Waterford. At the outset there was a surprise for the fashionable crowd who thronged the Lord Chief Justice's Court, for it was announced that the huebaud's petition was withdrawn, and it was also intimated that he would not contest the charges of cruelty and misconduct. The jury then found for the wife on the husband's petition, and after hearing the evidence in the cross-petition by the wife, they i also returned a verdict for her. Last year, in London, it may be recalled. Mrs. Fitzgerald sought a decree of divorce from her husband on the ground of alleged cruelty and misconduct. Mr. Fitzgerald challenged the jurisdiction of the English Court, contending that he was a domiciled Irishman. His contention was successful, and the proceedings in England came to an end. Immediately afterwards Mr. Fitzgerald began. a petition against Mrs. Fitzgerald in Irelaud, and on the following day Mrs. Fitzgerald tiled her petition. When the caw was now called, Mr. .Serjeant Dodd (for Mr. Fitzgerald) said, having considered the matters presented to him, he, with the concurrence of his client, decided to offer no evidence, and to submit to a decree against him in the suit. Mr. Campbell, K.C., in opening Mrs. Fitzgerald's petition, said many matters of a painful and unpleasant character were set out in it, out owing to the course taken by the other side he would not have to go into them. .Mrs. Fitzgerald was the daughter of Mr. "Nicholl, a , gentleman of high reputation, who lived in Union town, United States. in 1898 she was travelling between Chicago and Los Augelos, California, and respondent, who was on the same train with hie mother, was j introduced to her.

THE FRIENDSHIP RIPENED INTO COURTSHIP, and in February, 1899. they were married, respondent being ten years older than, petitioner. Mr. Fitzgerald was a descendant of a very old Irish family, and at his uncle's death succeeded to a. large and valuable property known as the Island of Waterford. Mrs. Fitzgerald soon discovered that her husband was a man of ungovernable passions and uncontrollable temper. Up to 1904, except at rare intervals, he treated her with studied neglect and on many occasions exhibited a violent and savage disposition. He had been an officer in a crack regiment, from whom better might have been expected. Frequently he was away for six months, on snooting expeditious in British Columbia and South Africa, and in lie short intervals ho spent at home he treated his wife as if she had been one of his goods and chattels. On different occasions ho oroke into acts of violence, and at night she- had to tiv from Ids threats. In June, 1904, while .Mrs. Fitzgerald was living in London, her husband was constantly away, and, becoming suspicious, site had him watched. On .June 17 he arrived at Paddington, and was met by a ladv. They got into a. cab, and, alter driving by a. circuitous route, returned to the Paddington Hotel at three o'clock in the dav. where they registered as "Mr. and .Mrs. Fitzgerald. - ' They went to their room, and the detective sent for Mrs. Fitzgerald, who came in great haste. On arriving she found the woman hud just disappeared, and Mr. Fitzgerald was at the cashier's office. Mis. Fitzgerald was examined in support of counsel's statement, and said her husband began to behave badly the year after the marriage. While living in California they had a, row one morning, and she got tip to leave the loom, when he told her that if she did

HE WOULD BEAT HER CHILD TO DEATH. That frightened witness. He said, " I won't strike you now. Jf I did, 1 would kill, while 1 am in this mood." 'the Judge: You say there was such an awful row; was that your fault or his?— Well, of course, I think I was not to blame. | cannot tell how the row started. Tier husband, witness went on. kept a number of bulldogs, and one of these bit the child on the face, and when she threatened to kill the dog her husband said if she did he would kill her. On a subsequent occasion he dragged her out of bed and pulled her about the room, and a Miss Schleper, a. visitor, came in and saved her. Having given evidence of similar occurrences, petitioner went on to say that they arrived in Loudon from America in July. 1903. At St. Pancras her husband grabbed the two children and disappeared, leaving her alone and without money. She borrowed money to go to the Berkeley Hotel from her husband's valet. She was very ill. and her husband did not see her tor twenty-four hours. Git one occasion, whilst at Newmarket, he kicked her out of bed. and the previous evening said, in her presence and befoic the company. "No Englishman ever married an American except for her money." At Waterford he said if he married a woman out. of the gutter in England her accent would be more acceptable to him than petitioner's. One night he dragged her out of the nursery down to her bedroom. She begged the nurse not to leave, as she was afraid of her husband. Yes," lie said, "you have cause to be afraid of me. I am in a dangerous mood to-night." At Whitehall Place. London, when she appealed to him to give up the life be was leading, he said he was go,ing back to the life lie lived as a young man. and pinched her aims black and blue. A number of other witnesses, including a private detective and a London cabman, were examined. The Lord Chief Justice, in summing up. said he was sorry if a man and wife, who Mere stated to be so devoted to their children, should have to be separated. The jury found for the petitioner on the two charges of cruelty and misconduct, and judgment was entered for Mrs. Fitzgerald, with cost*.