PEER'S SON AND WIFE.

New Zealand Herald, Volume LI, Issue 15718, 19 September 1914, Page 2 (Supplement)

PEER'S SON AND WIFE.

AN UNEXPLAINED PARTING.

LEADS TO COURT CASE.

Ebiarkable letters were read in a case heard by the Lord Chief Justice and Justices Coleridge and Rowlatt, when Mr. Rawlinson, K.C., made an application for the, granting of a criminal information against Mr. S. F. De Wend Fentoii, editor of the Sporting Times. Counsel said he appeared on behalf of the Hon. John Power Bertram Ogilvy Mitford, son of Lord Redesdale, and the criminal information was asked for in respect of .1 serious libel published against Mr. Mitford.

Mr. Mitford, as was well known, married in Berlin in January last a young Herman lady. Fraulein Von Freidla.uderFuld. the daughter of Fritz Von Fried-lander-Fuld, a gentleman well known in social circles. PubLic interest in the marriage was great, and particulars of it were published all over the world. In the first ten weeks the young people lived happily, and then for reasons counsel need not go into they separated, and the wifj went into a nursing home to consider what was to be done in the future. She had written a letter which at oneo put an end to any suggestion such as that made by the editor of the Sporting Times.

It was addressed to Mr. Clifford's mother. Lady Redesdalc, and ran :—

" Dearest Mother of Jack.ylt is to-day more than over that I sendlheso lines to Jack's mother, to you to whom ho has come en bis grief. " He will tell you how it all came, but ■what he cannot say himself is that ho has always been his dear self and has never knowingly given me pain. " Wo are going through a very serious crisis, but have both got faith that, we shall do lor tho best.

•' My heart aches at the very thought of the sad hours my poor Jack will have to pass through, but it is so true to say that one cannot hurt another soul without hurting one's own.

"Ho has gone back to his home, and there, if you will all understand that he had never wronged anyone, but that our ways lead us apart. My friendship as his for ever, very great and very high, and I pray in your kind arms he may rest for awhile and find strength.

"My thoughts have gone with him. I shall be very happy to hear from him and you if you will give me the pleasure of a few lines just to tell me how he is. My fond love, if you will accept it, after the pain I am giving your beloved eon. — Baby"

. "P.S.— beg of Jack to keep all this very secret during the trial month. 1 speak to no one." Husband's Affidavit. - Continuing, counsel said Mr. Mxtford had svrorn an affidavit, in which he said : .. "My wife and I travelled about for ten weeks from place to place on the Continent and in London. We were perfectly happy, and no differences of any kind arose between us. We returned after our honeymoon to Berlin, and we lived there. On May 1 my wife became ill, and went to a sanatorium at Baden-Baden.

" I visited her there, and to my surprise she suddenly informed me that she had not been happy with me, that she probably intended to leave me, as we were irioS suited to each other, but she desired a month to think over the position, whea sho would givo me her final decision upon whether she would continue" to live with lae as my wife.

"'' "At the end of .about a month my : wife informed me that she would decline to further live with me. i I was greatly grieved at this. I could not understand her determination. I begged her to .reconsider it. But, although she appeared to be, and I believe was, full of affection for me, she declined until some further interval had elapsed, to live with me.

"I had communicated the circumstance 'to my parents, arid I believe she did the same to hers.' We parted, as I hope and "believe, . only for. a time, upon the very best of terms, and I repeat there has been no difference between us from the time I first became acquainted with her until the present time. I know of no cause for this strange and sudden determination on her part. ' •*" '■ !'

"I have always behaved in an affectionate ''and properly respectful mariner to her.'- ■*', - '*. ■ • , ..'• . '

The affidavit, went on counsel, continued to say that; some .weeks ago he was informed 'that certain • rumours about him were in circulation in Berlin, purporting to explain, the reasobn for his wife's attitude towards him. The rumours were absolutely and entirely untrue, and he had commenced) proceedings against a person in Berlin. Criminal Information Refused. The Lord Chief Justice said Mr. Mitford had put in an affidavit his absolute repudiation of the rumours and the statement made in the alleged libel, and there was no doubt-';- if they were untrue they were of a. peculiarly atrocious nature. 'But the granting of ; a criminal information was a practice which had not been resorted to since : 1884,' in the case of the' King v. Labouchere," when a court of'five judges dfiided that such applications would be rejected at the application of persons who did'not ; hold any public office. Mr. Mitford did not hold a public office, and the fact that ho was a gentleman of good position did not warrant the court granting .; the application. They were of the opinion that, 'however grave the libel was, a private person should not resort to an application for a criminal information. The application was therefore refused.