SOCIETY DIVORCE CASE.

New Zealand Herald, Volume XLVI, Issue 14004, 9 March 1909, Page 7

SOCIETY DIVORCE CASE.

the counter-suit.

BHI?LOBD NORTHLAND S POSITION.

' ■ FURTHER INTERESTING EVIDENCE. [FROM OUR owx correspondent.] London*, January 29. ■" . . *'oOx Wednesday the proceedings /in the -Stirling divorce case took on a new .aspect, t Mr. Stirling again went into the box, this ' : time as the accuser, to tell the story of ■-7 his wife and Lord Northland. He said ;; he first noticed his wife's fondness for Lord <"7' Northland during the visit to. Paris, and s ' ! he complained to her that it placed him in ' " ' a" "very embarrassing position with Mrs. - 'Atherton" for her to insist on going about h'&jKwith Lord Northland alone. "She said ! 'Jithat I was a fool to interfere," Mr. Stirl- ' . 'ing recounted. "She said she was very ;'t on of ' Fatty (Lord Northland's) soXwciety; that she was in Paris to enjoy heri ' i self, and meant, to do so. I went to Lord J- 5-Northland and said: 'Look here, this : s " extremely embarrassing, and I think my H * wife is extremely silly. She makes out --- she is very fond of you. and I think you encourage her.' I put it to him from the ' / point of -view of stupidity. I said: 'You i v?, know what may wife is. I don't think i". t you ought to lead her on in this stupidity. - <-jf< You ought to go back to London, because the thing has gone quite far enough.' f ; Lord Northland pooh-poohed the matter, ♦ but I replied, ' It's gone too far.'" Then came the story of a ring. Mrs. ! ; 5 Stirling allege that returning from Paris '"I (in June) they played cards i.i the train, and as she did not play for money she .' offered to play for Lord Northland's ring, r . which she won. ty 1;. Mr. Stirling now said: "I never heard of Lord Northland's ring until July." He tS§§l| remembered that they played cSrds in the train. "Mrs. Stirling was very fond of r-poker," he said, "and always played when " sh« got a chance." J « One day-in July, after Henley week, he policed a monogram ring on her finger and asked her where she got it from. She said, "Fatty gave it to me." "I told » her she had better take it off and give it hack, and, she certainly took it off there

j grid then." iAJ'A »*■ *'

AT HENLEY.

Mr. Stirling explained that. Lord Northland "spent Henley week with them at Amberley at- his invitation. They motored ' • to and from Henley, and at mghl> went I on the river at Maidenhead. *1' "Before Henley had gone far," he said, '7| "it "was perfectly obvious that Mrs. Stirling and Lord Northland were ' trying to he always together." One /lav he spoke to her, and she replied, emphatically, "I . Trill 'go with Fatty." ; '-Mr., Stirling smiled as he told how on that occasion his brother said, "She'll be r eorry/ for we have the lunch." It happened that the lord and the lady got on the wrong sidd of the river, and, owing to the river police; were unable to cross over at lunch time:- "When they did get orer,*' recalled Mr. Stirling, "she was )in a • very bad temper." ■ -. Another ' day Mrs. * Atherton and his fllSftpbS, Started off in a punt, and he »ot in one .with his wife and* Lord Northland. "She : was eo angry," he said, "that she • declared that she would jump in the rive?, ! ? and I was so sick of it that I got put on feMtiie' bank."- Afterwards he spoke to his - wife ' seriously, and said they had better I a! ' not have Lord Northland to stay with them again. ' , ' * ! - ' , f At that time he had no suspicion there nffimi anything wrong, bat daring the week his brother said that lie had • seen things which led him to take a very serious view. , . ,i. "*«*"'l was <loth to allow any suspicions to ' fill my mind," said Mr. Stirling. '.J.vjust then he had a telegram calling him ■to a funeral in Scotland, and he told the *story of . his amateur detective experience. V ■f " I resolved," he said, " the night before I went -to Scotland to watch Lord Northland's room with ! my brother. kMy brother §M«mlsleeping in a tent in the garden. He ; went out about 11, and I left the door *, open. He came up to my room, and we sat with the door ; wide open. My ■< intention ; was to give Lord Northland a d hiding, ' and eay nothing to Mrs. Stirling. ; I had no intention of watching her." - m A morning scene. After some little time we thought we heard a door open, so my brother went .. o 'down the back stairs and sat on the bottom of the front stairs leading to Mrs. ' . Stirling's room. Nothing more happened, and my brother went out again. J \"Next morning Mrs. Stirling accused |l||j®e of watching her. She was fearfully angry. .1 did not admit my knowledge •of my ' brother's movements, but asked " what : she meant. She said : ' Fatty told qppmfelhe was disturbed by a noise in the r night, and that he looked out of his - room and found Douglas prowling about the passages.' " ■ - - v .The day after the midnight' watch he \ / went to Scotland for the funeral, returnv ing on the third day. On the day he re- ■; * turned Mrs. , Stirling telephoned to him complaining that Mr. Duncan Campbell ; j had gone to Amberley without invitation, •, and dined with Mrs. Atherton. He went f|jSto Amberley in, the evening, and found ; bis wife was not there. > '.Mr. Stirling and his brother motored V> r ;.*t° London after dinner, and went to the » Chesham-street house. His brother told Vi him that he had been there before going , to Amberley, and that Mrs. Stirling was : -■ ; "perfectly furious,'' and asked him how • he dared go there. Mr..Stirling gave an interesting account .', of what happened when he got to town. } J . "I noticed that there was no light at the I jV,' door, but there was one in the back hall," he said. - " I opened the door with my latchkey, and found that the chain was cW—a thing I had never known before. I f ,T.{?'Was furious, and rattled the door. Soon * Mrs. Stirling 'came and undid the chain. jgggl^She, was ■in evening dress. She looked - ; r: very much, taken aback. "I went straight to the smoke-room, |fe*TOdj found Lord Northland at the door. ..He said, 'I think I had better go.'; I H said, ' You had better go.' I followed > hint to the street door." t^ ; Stirling added that his wife turned K-Jg-On him, and accused him of spying on BMto; again. He accused 'her of being in love with - rd Northland, and she said that'sue was madly in love with him, and believed ktJfU he i- as in love with her. He told her the apkSffly way . out of it was for. her or Lord f Northland to go away'. ( "Did she say," asked Mr. Clyde, K.C., Ithat, although she was in love with Lord ; i|> - Northland, she had never misconducted j||' herself?" " IjjillMr. Stirling replied, " She never even denied it." He met Lord Northland by appointment' f^S 4 R l ' *8 Club. "I told him," said Mr. Stirling, i "'You have taken away my wife's affection absolutely. What d you say?' He said, 'If you divorce her I shall stick liPj toner.' He gave no explanation or apology. Mgf'faid'-.'l don't propose divorcing her and breaking no my home. I want yon to go away , an d .leave her in peace, so that she can forget you.' ■ He said he was "going abroad in the autumn, and I told him I ■ send mv wife to America. I left understanding that I did not propose to divorce her." _ Mr. Stirling said that by this time his Wife was nearly in a state of mental colr^W-\]' and he suggested a rest cure. She, '^^.T?^^ er '. went to America to her mother. He received a letter from her on the Adriatic, beginning. "My dear Jack, I feel such a rotter this morning," and say- : Will you agree to a separation, and make me an allowance of £720 a year. j'Mfyon. do I will undertake not to see Northland. We could be such good ■friends, and that is far better than be-Wng'b.-id lovers. • x'y-' Take care of • the wee boy. The only 1 Jhing I , shall want is to see him pome'mes' Do not think me an absolute •otter. I am not, but very near it. ,

His wife again visited him on September 9, and suggested lie should divorce her in Scotland for desertion. He refused. She then said, " What I would rather do is for me to divorce you. It would look better for me."

"I was aghast."' Mr. Stirling said, "but she said, 'It is quite easily done.! " I told her she must not come to the house again." She afterwards wrote, saying: " Please don't think I am going back on my word. I think I have found a solution of the whole thing." A fortnight later he was served with her writ.

The Lord Advocate began his cross-ex-amination just before the Court rose. He asked if Sir. Stirling felt it embarrassing to go about Paris alone with Mrs. Atherton. Mr. Stirling replied that the position was embarrassing to them all. I " You thought it embarrassing to Mrs. j Atherton?" suggested the Lord Advocate. "I thought," replied Mr. Stirling, "it was foolish, not embarrassing." " Did you think Lord Northland's conduct with your wife might bo improper?" asked the lawyer, with reference to the watching incident. MISGIVINGS. " During the earlier part of the week," Mr. Stirling answered, "their' conduct caused me grave misgiving." " Your misgiving was so grave that you watched for any misconduct on Lord Northland's part?" was the next question. "It must have been grave, or I should not have sat up," was the reply. " If your misgiving was so grave." asked the lawyer, " why did you allow this tempter of your wife to remain under your roof?" Mr. Stirling was silent for a few moments, and then said, quietly: "It was a verv different thing between having misgivings and proof. The man was »my friend, and had given me his word three weeks before." The Lord Advocate retorted: "If your misgivings were so grave, can you explain why you allowed this person, your former pal. to remain under your roof while he might possibly have the chance of betraying your honour?" Mr. Stirling again thought for a moment, and then exclaimed: "I leave it to the Court to decide whether _ I should have been justified in kicking him out." " Even after watching," the Lord Advocate went on, "you went away again. Whom did you leave behind at Amberley?" " My brother," was the reply. And Lord Northland? —I did. And your wife?—l did. " Can* you explain"—the Lord Advocate began. "Yes, I can," interjected Sir. Stirling. The Lord Advocate repeated: "Can you explain why, with this grave misgiving and after what you heard that night, you left your wife under the same roof by night with' Lord Northland?" . Mr. Stirling retorted.: "My brother had instructions to watch oh Sunday night. If he got him, he knew what to do" " You were jealous of your wife's honour?" he was asked. "I was," lie said. "Then why did you not protect her, if you really suspected there were designs on "her honour? Why did you not clear Lord Northland out?" Mr. Stirling's reply was: " I had only suspicions to go on after what had passed —my wife's word and his. I felt justified in watching," he added. "PAT" INTERVENES. Next day he had another letter from her asking for money and.asking about "wee dear Pat" (the baby). A third letter said, "We can't afford to separate on account of Pat. There is no reason why the dear little man should suffer for us." Mr. Stirling wrote a reply, which he showed his solicitors, in which he told his wife she must be mad to suggest conditions about Lord Northland. He would discuss no terms on such a matter. " Her letter put my back up," he explained to the judge. < * The letter was never posted, because his wife unexpectedly returned from America. He described how they had an interview in Chesham-street, .when he told her to talk the matter over quietly. Next day she left the house, leaving a letter, which said: think it .best to get the whole.thing over. 'I can'only ask you to fore give me for wrecking everything, but you will find someone who will make you happy. " As soon as things are arranged I leave . England:. /'. V . I ;'t You can go ahead and divorce me, and there will be no fighting the case. You had much better do it, as be/ng tied to- . gether and yet apart is silly. ; *

• Next day he -saw his wife, and she agreed to meet Sir. Dundas, his solicitor. Mr. Dundas saw her, and after the interview showed him a note, which ran: '

Clare gives her word of - honour that within a week she will write a letter to Jack giving him such evidence as will entitle him to obtain a divorce from her. Clare declines to take any money. Some days afterwards he had a letter from her, saying:.

I don't think I have ever realised what this all means until to-day, and now I am heartbroken. Nothing matters now, , for I can never forgive or forget myself. Iv That I should behave so to dear little Pat is more than I can understand. I - feel I have had a dreadful dream. Do forgive mo for being such a dreadful rotter. I shall never be happy again. I don't think I realised I cared so much as I do. Please forgive and forget. This is not the letter I meant to write for Ralph Dundas. DELAY ASKED FOR. Mr. Stirling added that the same afternoon his wife called on him. and repeated that she meant to ' ite the letter to Mr. Dundas. It was impossible to understand her, he said, for she said one thing in one letter and another in the next. That afternoon she suggested he should delay proceedings until January, when, owing to the sale of some of Lord Ranfurly's land in Ireland, Lord Northland, his son, would be able to pay some debts of honour to clubmen. She said that if Lord Northland married her before paying his debts the men would make -him bankrupt. But if he waited Lord Northland would be able to marry her satisfactorily. He told her he could, not delay. She never suggested any complaint about his own conduct with any one. "I never heard any hint of proceedings against, me until I . walked , into my office in September," he said. Mrs. Stirling was with Mrs. Atherton several times at this period, he said. : THE "PEACEMAKER." Yesterday's proceedings centred round the part that Mrs. Atherton had played as between Mrs. Stirling and Lord Northland. Mr. Stirling refused point blank to admit the fact, fairly obvious from the evidence, that this lady had betrayed him by acting as a go-between for the lord and the erring wife. ' Asked why, when he had gone away to Scotland and left Lord Northland in the house with his wife, he had not arranged for a lady to sleep with her, he said : " The matter affected my wife's honour, and I did not consult anyone except my brother." • You had a lady in the house of whose general character, according to your evidence in the former case, you had implicit belie? (Mrs. Atherton). Can you explain why you did not get Mrs. Atherton's assistance in protecting your wife against this attack?l did not do so because I had trusted my wife. I had trusted this man, and even then I could hardly believe the possibility of anything going wrong between this man and ray. wife, therefore, if this man attempted to enter my wife's room, my brother had instructions to beat him within an inch of his life, and he would have done it. Did it occur to you to warn your wife against Lord Northland's advances during the night, or to have anyone with her to protect her?—lt did not. Did you think on July 7 that a state of matters had been reached when it was necessary for you to warn Lord Northland away? I am referring to the time after the chained door incident.l had no intention of allowing Lord Northland into any house of mine again, or of allowing my wife, if I could help it, to see him. I You did not write to Lord Northland until the 15th?—Yes. 1 Can you give any reason for your delay in doing so?—My attitude then and sub-

sequently' was that I was trying to keep things together. Did you mention to Mrs. Atherton that you had forbidden Lord Northland the house?—l did not speak to Mrs. Atherton,, as far as my memory goes, on that subject at all till Mrs. Stirling raised it herself to Mrs. Atherton Did yo>i know that Mrs. Atherton was in the habit of communicating with Lord Northland?l did not know.

Did you know. there were letters passing between them in the month of July? —I did not know that at the time.

You remember writing a letter to Lord Northland on July 21, asking for an appointment at White's Club?— I show you a telegram from Mrs. Atherton to. Lord Northland on that very day. In whose writing is that telegram I believe it is Mrs. Atherton's writing. It appears to be in these terms : "Please don't write or see Clare till I write. Also, refuse to see Jack to-morrow." Had you informed Mrs. Atherton that you had made an appointment with Lord Northland for the 22nd ?—Not to my memory. MAKING AN APPOINTMENT. Witness was here shown a letter from Mrs. Atherton to Lord Northland, in these terms:— * > Dear Robin, —I do not want you to see Clare or Jack till you have scon me, so will you be in the front hall of the* Savoy before 11.30 to-morrow? There is never a soul there at that time, and 1 want to talk to you. Just received your wire, and I have wired you back not to write, and if she telephones, please be out. I will explain all when I see you. Till then, please trust me and'do as I ask.—Yours always. Counsel : Can you give any explanation of Mrs. Atherton writing this letter to Lord Northland. "I don't want you to see Clare or Jack till you have seen me?"—l' think Mrs. Atherton wished to see Lord Northland and get him to go away. That is my opinion. t Did* you have any knowledge that Mrs. Atherton, behind your back, was endeavouring to prevent a meeting with Lord Northland which you desired ?I knew Mrs. Atherton was my wife's great friend, but at the time I knew nothing of this. I call your attention to the following letter, which you see appears to bear the same date :— Robin Dear,l have written to you and you will get it first thing. Please do as, I wired vou, and neither write nor see Clare till I have seen you tomorrow at 11.30, as I have written you in my letter. I have only asked Jack not to go and see you to-morrow, as I wanted to see you first, so he will not come . to-morrow at < 10.30. I will, tell you all , to-morrow. My position is so perfectly awful, please don't be hard and horrid to me, as I am only doing what I think is best for all.—Nancy. I put the letter before you, and I ask you, can you now, in view of what she says in that letter, contradict the statement, " I have only asked Jack not to go and see you to-morrow, as I wanted to see you first?"l do not remember. Did Mrs. Atherton tell you that she was trying to separate Lord Northland from Sirs. Stirling?—ln so many words, no. Did you assume from what she said that that was her policy?l saw how she acted. I assumed that her policy was either to persuade Lord Northland or Mrs. Stirling to go abroad. LETTER CARRYING. Do you not know the fact that Sirs. Atherton was carrying on a correspondence with Lord Northland, and part of the correspondence showed' that she was the recipient of letters from Lord Northland which she passed' on to your wife? —I do not know that. The Lord Advocate read a letter written on June 23, from Lord Northland to Mrs. Atherton :— • My dear" Nancy,—How'is everything, and how is Clare? I really cannot think how things are going to go, and it is quite a relief to have a quiet day. It is too nice of you for words to express all the trouble you are taking to make everything as right as possible. You must -have been too bored for words after all my interviews, telephone, etc., yesterday. Do drop me a line soon, and let me know how things progress. Here is a letter for her, but there is not much in it. Use your own discretion. You see that Mrs. Atherton was the recipient of a letter from Lord Northland to your wife?—So I sec. j Do you approve of —No, I do not think so. ■ Does that square with your idea that her policy was to separate Mrs. Stirling from Lord Northland? Yes: *It may have been unwisel think it was—to carry any letters between them, but the great thing I was trying to do was to get Mrs. Stirling to go abroad. Then why see Lord Northland? ; Was it your honest intention to get Lord Northland away?— It was. Do you say Sirs. Atherton betrayed you in that honeist intention?l do not think she betrayed me. ' Let me call your attention to the postcript of that letter: You will arrange that I see her before she goes to America, as she will think me such a rotter if I do not. Counsel: That was unfaithful to your wish? •■••• j ■'■■" ■'

Witness: Lord Northland's request? Counsel: Yes.—l would not have had him to see her if I could have helped it. At thie time you had forbidden Lord Northland having any communication with your wife?— before. Do you represent she did not? — do not know what Mrs. Atherton knew until she was brought into our conversation. At- what date?—On or about the time I saw Lord Northland "at White's Club.

Counsel Nov.', I call your attention to Mrs. Atherton's ( letter of July 23:— Robin. Dear,—l have not one moment to write. Everything has been so rocky, and it is taking me all my time to keep things going. But to-day it's better, and Clare ie in a much better frame of mind. Will you write her a little letter'/ I liavo told her I have

made you promise not to write for a day or so. Clare goes to America on Wednesday, and I join her at the end of next month, so soon as I can get a cabin. We came up to 13 on Monday for good. I don't seo it could do any harm, if you both, of course, want it, for you to see each other, and say good-bye, but lot me know what you think. Robin, dear, it makes me miserable to see you all so unhappy, but you know I am doing my utmost, and always do what I can, and never mind writing to me if you want my help.

Did you sanction this person's intervention in any shape or form?—l sanctioned her friendship with my wife. Counsel, reading another letter from Lord Northland to M'rs. Atherton: "I am so glad you like the little thing I sent you." When did you know that Lord Northland had been making some recognition of Mrs. Atherton's efforts by making her a present?—l cannot say about the time. Would you approve of Lord Northland going to America to meet your wife after all that had occurred? —Not if he was going to meet my wife. Have you any doubt that Mrs. Atherton knew perfectly well that you objected to any communication or meetings between Lord Northland and your wife?— Atherton knew the footing on which Lord Northland and we all parted. And that you had cut Lord Northland at the club?— did not suppose she knew that, but I see he mentioned it in a letter. LONELY AT SANDOWN. The Lord Advocate read extracts of a letter written by Mrs. Atherton at the Ocean Hotel; Sandown, to Mrs. Stirling in America, in which she said: I think I have got a boat via Canada on September 25. I have Written to ask Robin to come over with me, so will you meet me at Montreal, as that is where we land?

Do you approve of that idea or that conduct?. After seeing-this letter, in which Mrs. Atherton writes that she had asked Lord Northland to go over with her, and desiring the wife , to meet them both at Montreal, do you say you approve of it? —I certainly should not have approved of my wife and Lord Northland meeting. Do you approve of Mrs. Atherton making the suggestion to Lord Northland that he

should go to America with her?— That is not the way the suggestion was told me at the time. If I had known that my wife was going to meet Lord Northland I should not have approved. The Lord Advocate: Notwithstanding all that occurred, did you consider Lord Northland to be a suitable travelling companion for Mrs. Atherton? —I had no reason to think there was anything between Lord Northland and Sirs. Atherton. I think he was a suitable travelling companion for her. 1 Do you not see it was part of Mrs. Atherton's design throughout all this to bring Lord Northland and your wife together, notwithstanding your wishes? —J do not see it. Sl'r. Stirling went on to detail the arrangements he had made to have his wife watched by detectives both in America and after her return. " After the chnined-door incident, why did you not tell Lord Northland ho was not to see your wife again?—l had no intention of his seeing my wife again. I saw him straight out of the house. Counsel: A week or more afterwards you write to Lord Northland a letter, in. which you said: I have forbidden my wife under any circumstances to see or. meet you. Remembering our conversation at Paris, I believe I can rely on you to avoid communicating with her in any way. What reason had you for supposing that you could rely upon him?—As events turned out, I had none. Did not Lord Northland repudiate your suggestion abgut his being guilty?—No, he did not. Did he admit it?—He did not specifically admit that, but he said, "If you divorce her I will stick to her," or words to that effect. I cannot swear to the exact words.