THE MORDAUNT DIVORCE.

Thames Star, Volume VII, Issue 1994, 26 May 1875, Page 2

THE MORDAUNT DIVORCE.

EVIDENCE A;ND VERDICT:

(F2OM THE HOME NEWS.)

At the conclusion; of Dr Spinks' opening, address the following evidence was called:-- ;. ~ : ' ' V,.,'.'.. ,'....'..;'■..'. '. .''."■"'"" Sir ■".'( harles Mordaunt, called; and examined by Mr Inderwick, deposed: I live-at Walton, in tlie comity of Warwick, and amishe petitioner in this suit. I was •mamed;-:on the sth of June, 1866, to Harriet: Sarah,... daughter 6f~Sir Thomas and Lady Moncreiffe, according to the service of the Established Church of England, in Perthshire, Scotland.: iAfter we had been on our wedding tour we returned to Walton Hall. ' At that timel reprer sented the southern division of the county of Warwick in Parliament, and had done so for four years, from 1864 to 1868. I had a house in town, and I came up for the Parliamentary sessions of 1867 and. 1868. I have been in the habit for many years of going to Norway fishing except in one year. In 1867 I spent 1 the autumn in Switzerland with Lady Mordaunt. I did not go to Norway that year. At that time I had the house No. 6, Cheshamplace. I went to Norway in 1868. I had a special steamer, and I asked Lady Mordaunt to accompany me. I told her I was very anxious she should do so.^ I told her there war. good accommodation for her, that other ladies' would go with her, and that in the house where we i were going to the wives of two friends , who were going with me would be staying. She said she would rather not go, as she had not had enoiigh of London life. I then said I would not go, but she pressed me very much to go. At that time her parents were in London, and the Oountess of Kinnoul, a relative, was also in town. .I. had an interview both with Sir Thomas "and Lady Louisa Moncreiffe. It was arranged that I should go to Norway for a month or ,sii weeks. Lady Mordaunfc was to remain in London a week, and then go to Walton. I asked her whether she weuld like her sister to stay with her. She said she would ask her to go down with her to Walton. J left on the 15th of June for Norway. I determined to return to England sooner than I had originally intended, on account of -the early- fishing. . I had- sent a telegram to Lady Mordaunt to warn her of my return, and I also wrote to her on the 14fch July stating that I should bo home in a fpvy days, I found Lady Mordaunt only at home on my arrival there. She said her sister Frances had been thepe, and Miss Scott. We stayed at Walton till the 10th of August, and then went to Scotland. I had no place there : we were visiting different relations. I became aware of the fact that Ijadv Mordaunt expected to be confined. Slae desired to. be confined in London, in order to be attended by Dr Priestly. I engaged a house in?order thai the confinement might take plape in London. The confinement; took place on Sunday. February 28,1869,----at-Walt- During the first inter view I: had with her en the day after her confinement she asked me whether I had inserted the birth nY the papers. I replied that I, had done so. I said I had put it in the Times and Morning Post. She asked rue if I had put "prematurely," and I saidl had done so. She asked me to have.it put in q.ll the fither papers, but ultimately she withdrew ihat request- lady Louisa came to the house two days afterwards) and remained until the sth of March. She was away a short time, and returned on the 16th. Mr Inderwick: There was a good deal of conversation you had with Lady Mordaunt which I do not wish to involve in this suit. What was the first occasion lady Mordaunt said anything to yoii about the paternity of the child £ " Witness:'lt was on the day after the conversation I have mentioned just now

—the 2nd of March. She said, " Charlie, I have deceived you; the child is not yourß." The first time she said anything to me in reference to who was the father of the child was tho Bth of March. She said, " Charlie, I hare deceived you. That child is not yours; it is Lord Cole's child." Mr Inderwick: Had you up to that time any suspicion of this conduct' what* ever? Witness :'I had none whatever.''- " " I You placed implicit confidence in her ? I did. " I had known Lord Cole about a year and a half. I was introduced to him. as a friend of Lady Mordaunt's, and I received him as I received every friend of her family. Lord- Cole was formerly an officer in the Rifle Brigade, but he was not then in the army. He visitedat my house in town. It was not within my knowledge that he was in the habit of visiting in my absence. I know the book now handed to me. I found it in Lady Mordaunt's travelling bag in the sittingr room. I observed an entry just opposifeltf the 3rd of April. The entry is " 280 M days from the 27th June." That is in ■ Lady Mordaunt's handwriting. ( . Mr Inderwick : I believe on this statement and other matters it is not necessary to refer to, you made inquiries' and instituted these proceedings? Witness: I did. Sir Henry James (to the" Judges): Will you allow me to say I appear with Mr Lord for the co-respondent, Lord Cole. I do not propose to ask Sir Charles anything." ' . . Mr James Anderson, Q.C.:' lam a member of the English and Scotch bar. I am acquainted with the law of Scotland as to marriage. I have heard the evidence of Sir Charles .Mprdaunt as to the ceremony he went through in the Scotch Church. is' perfectly good and regular according to the law of Scotland. • , - Mrs Cadogan: I am the wife 'of the Rev. Edward Cadogan, incumbent of Walton. Ever since the marriage of Sir Charles and Lady Mordaurit I had been on visiting terms with them. They lived happily together. He treated her -with kindness and affection. lam aware that Lady Mordaunt was confined in the t early part of 1869. I know she intended to be confined in London, and arrangements were made for that purpose.. On the 27th of February I was suddenly called to the house. I stayed with/ Lady Mordaunt some hours until the confinement had taken place. "-'' Dr Spinks: Had she expressed a wish thab you should be present at her confinement ? - --■. Witness: She was " obliged to tend for me, but she did not wish; me., to

be present. She. said. Dr. priestly did not think it necessary for'any'one to be present. After her confinement I saw her from time to lime for the first three . or four weeks. She did not mention io

me anything about the father of the child. - - -

Jessie Sark: My name was formerly Jessie Clark. I am now a married woman." I was formerly in the service of Lady Moncreiffe, and afterwards of Lady Mordaunt, as lady's maid. I was with her at the time of her marriage, and was with her in 1867 and 1868. I knew Lord Cole as a visitor to the house in London. I do not know whether he used to visit in

1867. I remember his visiting in 1868. We came up to town for the season jn that year. Lord Cole, was in the habit of calling at the house during the summer;of 1868 frequently, several times a week; ,--I think Lady Mordaunt was at home oil these occasions. I cannot say what time of day he called. I remember Sir Charles leaving for Norway on the 15th- of, June. Lady Mordaunt told me we ..were to return to Walton in about a week after Sir Charles left. .We wont down on July 7. The other servants followed. Between the 16th of June and the 17th of July Lord Cole was in the habit of calling. " I remember an occasion when there was a dinner party. There were four—Lady Mordaunt, Lord Cola, and another'lady and gentleman. I went to bed about halfpast twelve. lady Mordaunt told .me I never had to sit up for her after twelver She had not come up to bed at that time. I do not know what time Lord Cole left j the others left early—l should say about eleven.- Lord Cole was left in the house with Lady Mordaunt when. I went to bed. That, was on June 27. We went, to Walton on July 7. We went by the afternoon train from Paddington. Lord Cole was at the station. He met us there.

He took the tickets, and gave me one, and handed Lady Mordaunt hers, an 4 handed her into the carriage. There was no one else in the compartment, Ho stood at the door before the train started, and at the time the train started he got in. Lady Mordaunt was inside, I saw him again at Reading station on the platform. The train had not stopped between London and Beading. That was the last I saw of Lord Cole on that day. The other servants came down'on July 10 to Walton. Lord Cole came on the sam»

day. Mr and Mrs Forbes were there, - but not Miss Carrie Moncreiffe. . She wag not there at all. I remember a telegram coming for Lady Mordaunt. She seemed surprised at Sir Charles returning so ioon t She told me it was from Sir Charles,

I know the dressing-case she was in the habit of using. I know thirdiary^ This was what she used; it was kept in the

dressing-bag. Henry Hallet : I was in the service of Sir Charles Mordaunt from December,' 1867, to November, 1868. I was with the family in London in the spring of 1868. IknowLord Cole.- J rernembeyhis calling at the house. He called very • often—mostly during the absence qf Sir Charles. I rocollect Sir Charles goiijg to. Norway. On the following Sunday Lord Cole came. It was about four o'clock. I opened the door for him and showed hiri| up. Lady Mordatmt was af; hom.e-=nq one else. I showed Lord Cole into, the dra^ingrobm, where she was. Ske^told me to admit no one else. - She saicf, " I am notftf homp tq anyone el«e." £ord Cole stayed with Lady Mordairafc about three hours; from half-past four to halfseven. I opened the: door to let biniout. ' - - - - ■ -Bi r a : I was butter in Sir ~ Charles Alordaunt's family, and had been in the family for years. I was butler to Sjr Charles Mordaunt in 1868, and p§ , iv Chesham-place in' the. summee qF tfia^ year. I opened the door for viaitorg." frequently. During that time I observed" that the visits of Lord Cole to Lady Mcrdaunt were" frequent. He sometimes^ came when Sir Charles was at home and" sometimes when he was not. His visits, we're „ more frequent when .Sir Charlea was not at home. I remember SirCharle§ going to Norway in. Ju.he t .UBjSB".: | hadaco.nverQatipn with Lady Moraaukj| at that'time,'who 1 told me we were to, remain id' town for a week after Sir

Charles went. , She put-it off till the 7th of July. After Sir Charles had gone Lord Cole used to visit frequently at the house. I remember the occasion Hallet has spoken- 1 0f."," Lord Cole remained from four till half-past seren. I remember the 27th of June, I waited at dinner on that day. There was Lord Cole and another lady and gentleman besides Lady Mordaunt. The lady and gentleman left between ten and eleven. Lerd Cole then remained alone -with Lady Mordaunt. In the course of the evening I went up to the drawing room to ascertain whether he was gone. I did not near any conversation. Lord Cole remained ..until a quarter,, to one. I had taken' Lady Mdrdaunt's candle, and put it outside the door. I saw Lord Cole's hat and stick remained. I did not let him out. Shortly after I left the candle there and saw the hat and stick I heard the j door slam. I then went and found his hat-was gonel rl went to Walton on the 10th 'of July. Lord Cole came up on day. He stayed in the house till the 14th, S?r Charles returned on the 15th. I have had opportunities of seeing Sir Charles and i/ady Mordaunt together. They lived exceedingly happily down to the; time of the birth of the child. ■' I William Broadbridge, examined by Mr Inderwick: I am head gardener at Walton Hall. I was there in July, 1868. On the 10th of that month I saw Lady Mordaunt, Lord Cole, Mr Forbes, and Miss; Scott there: together., Lady Mordaunt alfd Lord:Colewenj;: together to the pleasure ground. This was about nine o'clock in the evening. Elizabeth Hancock, examined by Mr Brown : I was called, in February, 1869, to Walton Hall, to attend to Lady Mordaunt.- *„• She was confined on the Sunday afternoon. I saw the child, which was very small, and I should say it was an eight months' child. I attended Lady Mordaunt till the 27th. On the Tuesday after the confinement Lady -Mordaunfe -toldime: the : child was Lord Cole's. X told her if there was anything ■wrong she had better speak to Sir Charles and not me. She afterwards told me she had spoken to Sir Charles about it. . The. jHdge-Ordinary: Did she appear to be collected? Witness : Perfectly. This was the case for the petitioner. Sir H. James said he did not propose to address the jury. The Judge-Ordinary then summed up. He said: If the statements made by Lady Mordaunt to her husband, and also to the witnesses who have been called, are to be iaketi as evidence against her, they are at once conclusive as to her guilt. But it is not usual in this Court to act on the confession of the party charged without some corroborative eyidence. I need not state why that; is thelrule and practice of the court, but I shall proceed at once to iiointout what is the corroborative evidence in this caso. We learn that Sir Charles Mordaunt was away fishing, and that the co-respondent, Lord Cole, was in fthe habit of paying frequent visits: to the house, those visits being more frequent in the absence.of the husband, and on one occasion he remained in the house for. no less than three hours after Lady Mordaunt had given directions to the servants ao*-to admit any Other visitor; then on another occasion, when two other persons besides the co-respondent were dining with Lady; Mordaunt, he remained after the other visitors had left till nearly one o'clock, in the morning. Then, in regard tp^Xadj^tfordaunt. thereisanentry in her diary which points specifically to something haying occurred on _the.occasion of that visit when Lord Cole remained to a late hour. I presume you will entertain no doubfc that the evidence and entrance In the diary constitute a sufficient corrobo::ation of the statements of Lady Mordaunt, and if that' bei,,.sd your verdici must be in favour of the petitioner i With, regard to the corespondent, Lord Cole, there is the evi-. derice of his visit on the occasion of his remaining to this late hour of the night. Of course the confession made by the lady is npt ; evidence against him, but I am <' glad that in the interests of justice, and 1 " for,your-satisfacliou. Lord Cole-is represented oh this occasion, because we are entitled in investigations of this kind to take into account the whole couduct b" the parties, :and,, the mp-tter., therefore stands thus in reference to Lord Cole, that. having paid; these visits to, this kdy. at unusual hoars, and being for such a number of hours together, of course visits of this character are calculated to excite suspicion-^he, acting : , no doubfc under excellent advice from his counsel, does notthink-fit to deny .the charge. I think I have said sufficient to lead you to a consideration of the case, it is for you to say whether you find the parties guilty of the charge m?;d.oj,; . ; .. Mr G. Widdicombe, the clerk of the court, then ;asked the jury the following questions: Whether- ; the.' respondent, Harriet Sarah Mordaunt, committed adultery with the co-respondent, Lowry Egerton Cole, commonly called Viscount Cole. -Whether the co-respondent Egerton „ - Oole, committed adultery with th c respon.dent, Harriet Sarah Mordaunt ? Whether the respondent, Harriet. Sarah Mordaunt committed adultery with some person unknown ? The° jury, £ without-retiring,' at once returned an affirmative verdict, on each count. ' - The court declared a decree r.lsi for a dissolution of the marriage. Sir Henry James remarked that, if any difference should arise between the parties as t° the posts of the appeal to the House ftf Lords, probably his lordship would allow them some Tuesday to bring the matter before the court. .-;

The Judge-Ordinary: Yes