A DIVORCE CASE

Wellington Independent, Volume XVII, Issue 1746, 29 July 1862, Page 3

A DIVORCE CASE

Sir C. Cresswell was occupied at the Divorce Court on May 14 with the case of Young v.

Young. A petition was presented for dissolution of marriage by the wife on the ground of the husband's cruelty and adultery. The husband denied the charges contained in the petition. Dr. Spinks and Mr. B. Webster appeared for the petitioner ; and Mr. Day and Mr. Pritchard for the respondent. The following is a report of the proceedings on the hearing of the case :—

Dr, Spinks stated that the petitioner, Mrs. Charles Young-, was a lady well-known in the theatrical world, and her husband the respondent, was also upon the stage. She married him at a very early age in Tasmania, aud they lived together, at first in Australia, and afterwards in England, until January, 1860. He was frequently guilty of acts of "cruelty, and in January, 1860, Mrs. Young discovered that he had formed an adulterous intimacy with a ballet girl named Soward, at the St. James's Theatre, where he was then acting. Oa the evening of the 30th January she followed him to Raymond's buildings, where this young woman was living with her aunt, who had charge of some chambers there. Upon his return home they had a quarrel, and be made a brutal assault upon her. She then left him, and had since lived with her mother. He had lived for some months with Soward, who passed as his wife, at lodgings iv Pimlico, and he was now in Australia.

Mrs. Charles Young — I became acquainted with the respondent in 1844, when I was 14 years old. I was then dancing at the Victoria Theatre, in Hobart Town. A few months afterwards we were married at Trinity Church, Launceston, We went to Melbourne, where we both had engagements at the theatre, and then to Hobart Town, where we kept an hotel. A child was born in November, 1846. He treated me very well for about 12 months after the marriage. In 1848 he came home late one night, and entered the hotel by the back way. I was sitting in the parlour with a gentleman who was having some refreshment. He struck me violently upon the head and face, said he would destroy himself, and went out of the house. I persuaded him to return. A few day's afterwards I had a miscarriage. In 1849 we were at Melbourne, and I was engaged at the theatre. He came home at 3 o'clock one morning with a sword-stick in his hand stained with blood. He said he had just killed some one, and he meant to kill me, and he desired me to undress, and he kicked me on to the bed. In January, 1850, about 10 days after my confinement, he came home very late, and I sat up for him. My mother expostulated with him, and he struck me on the head and knocked me on the sofa. He sent for the doctor, and told him that he had been drinking the previous night and had ill-used me, and he cried. He was given to drinking, and was generally half intoxicated when he assaulted me. He came home between 2 and 3 one morning and accused me of having brought some one home with me, and struck me and said he would smash me. I ran out of the house with the child. He followed and knocked me down in the road with the child in my arms. When I went home on another occasion be tore my bounet off and kicked me. He was jealous of me with every one. When he came home at night he always made me tell him the persons I had seen during the day, and swear upon the Bible that I told him the truth. At Geelong, in 1855, he gave me a black eye. I performed that evening, and he had to paint my eye before I could go on the stage. I passed an evening at Melbourne, in 1856, at the house of his brother, Mr. Edwin Young, and his wife. He called for me about 2in the morning, dragged me violently off the bed where I was lying beat me and threw me on the floor. His brother turned him out of the house, aad said I should not go home till he could treat me properly. In tbe summer of 1857 we came to England. On the voyage he slapped my face at the cuddy table. The ladies rose and left the table with me. In January, 1858, 1 was engaged at Sadler's Wells Theatre. One night he came home from the theatre with me and my aunt, and because I had put on a thicker veil than usual he said I had done it to conceal myself, and that I had been keeping an appointment with a gentleman. He called us foul names, and when I went to bed he struck me. In June 1858, when I was engaged at the Haymarket, he knocked me down. He constantly said he would be hanged for me, and would smash me. In August, 1859, at Liverpool, he was jealous of some one, and squeezed my throat, threw me on the sofa, and struck me on the face. In January 1859, we were living in Newman-street, and I had an engagement at the Princess's Theatre, and he bad an engagement «t the St. James's. On the night of the I3tb Januury I followed him to Raymond'sbuilclings and then went home, He came iv as I was lighting my caudle in the hall, and put his fist in my face, and said, " Have you seen enough, or would you like a little further proof!'" I said, " This is the worst night's work you have baen guilty of." He followed me up stairs. As I was going from the sitting-room into the bedroom he took me violently by the shouldeis, put his fist in my face, so as to flatten my features, and said, " You ought to have brought oue of your men with you as a bully." I was so provoked that I threw the condlestick at him. He hit me two severe blows on the head. I went down stairs to pay the cabman. I went up again, and as I was stooping down, looking for a key which I had dropped, he hit me in the face. He beat me till I was quite insensible. When I came to myself my bonnet was flattened on my head, my veil was wet with blood, and I could,,scarcely see or stand. He locked me in the drawing-room, and said if I attempted to move be would rip me up. I remained till he went into the bedroom. He had left the key in the door, and I quietly unlocked it and left the house with my mother, I went home the next morning to change my dress, and he told me I could go and get a separation. I saw him again on thit day coming from Miss Suwavd's at Raymond's buildings. He said, '• You see I am here before you." I have ever since lived with my mother.

Cross-examined — I have not always been on the stage, I taught dancing in Hob art Town. In Australia wo are engaged at the theatre together. Since we came to England I have received larger salaries than he has. My mother lived with us whenever Mr. Young allowed her. Mrs. Youiig's evidence was corroborated by her mother , Mrs. Thompson, by Mrs. Edwin Young, and by persons from the various lodgings she bad occupied with her husband in London. It was also proved that from September, 1860, until January, 1801, Mr. Young had lived in lodings at Pimlico with a woman who passed as his wife, and who had given birth to a child there.

Mr. Day said jealously appeared to be the cause of the violence of which the respondent had been guilty, and he was instructed to state that there was no foundation at all for that jealousy. The learned counsel took objections to the evidence of the marriage and to the jurisdiction of the court ; but The Judge Ordinary orerruled them, and pronouuced a decree nisi for the dissolution of the marriage, with costs.