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BARRY DIVORCE CASE.I
BARRY DIVORCE CASE. I LADY SEEKS DISSOLUTION OF HER MARRIAGE. THE PARTIES WELL-KNOWN IN THE TOWN. SENSATIONAL ALLEGATIONS BY PETITIONER AND WITNESSES. As was intimated in the Barry Dock News last -week, the long-expected suit of Mrs Mary Evelyn Bissett Livingstone, formerly of The Towers, Barry Docks, bat now of Glasgow and London, for a dissolution of her marriage with Dr John Livingstone, M.D., of Barry Docks, on the ground of alleged adultery and cruelty, came before Mr Justice Bargrave Deane in the Divorce Division of the High Geurfe of Justice on Thursday, the 11th instant, and the hearing of the case was continued on Friday, Tuesday, and Wednesday, the evidence given on Ssofch sides being of a voluminous character. Answers were filed by the respondent and co-respondent (Miss Amy Evans), matron of the Voluntary Hospital, Barry Docks, denying the allegations of the petitioner. Mr Priestley, K.C., and Mr Peasei instructed by Messrs Barton and Company, London agents of Messrs J. A. Hughes and Davies, solicitors, of Barry and Cardiff, appeared for the petitioner, and Mr Barnard and Mr Bayford, instructed by Mr F. Finch., London agent of Mr A. Jackson, solicitor, Barry, were counsel for the respondent. Mr Priestly, m opening the ease, said the parties were married on February 21, 1894, at Glasgow. The respondent was a medical man, practising at Barry Dock. He, unfortunately, became addicted to drink. He was in the habit of using most shocking language to his wife, and on the 24th of July, 1901, he threw her on the bed, held her down by the throat until she was nearly suffocated, and then went to the dressing-table, got a razor, and threatened to kill her. On the 23rd of August, 1902, he knocked her down and Btruck her in the face.' He threatened to kill her, and called her foul names. He threatened to take the child away. On the next day he took the child away for some hours, and struck the mother down. In April, 1904, he became a bankrupt, no doubt through drink and betting. Respondent wrote a letter, in which he referred to gentlemen as her fancy men. He mentioned five, among them a clergyman, and these were the sort of wild and reckless statements of a man who was evidently a drunkard. In addition to these letters, he wrote a series of postcards of the same scurrilous character. His wife, meanwhile, was supporting herself on the salary she earned by acting as matron of a hospital. Counsel went on to refer to the co-respondent, a hospital nurse named Miss Evans, against whom he made serious allegations. The Petitioner was examined by Mr Pease, She said she was married to the respondent on Feb- ruary 21, 1894, at Glasgow. At that time she was a spinster, and was nineteen years of age. Prior to the marriage and afterwards her husband carried on the profession of a doctor at Barry Dock. After the marriage she lived with him at Clarence Villa, Holton-road, Barry, and afterwards at The Towers, Holton-road. There was one child of the marriage -a boy. Petitioner continued He drank both day and night, and he used bad and foul language continually. He called me fool. Witness went on to say that in July, 1901, her husband assaulted her. He threw her on the bed, held her by the throat, and nearly suffocated her. Then he got a razor from the drawer, and threatened her. He said he would cut her throat from ear to ear. Witness said she had a sister named Mrs Jones- Lloyd, living at Barry, who came back to the house with her. She told the doctor that he must send witness back to her father, who must know how he had treated her. He did not deny it. He also said he would take the boy out to the Channel and drown him. Witness showed the servant, Rose Evans, her throat on one occasion. Why did you leave him ?—Because I was afraid of my life. Where did you go?-To my father's house, in Scotland. You are now maintaining yourself and child ?— I am. Mr Bayford When your husband was succeed- ing in his profession, was he one of the principal people who founded the Voluntary Hospital ?- Not to my knowledge. Was he connected with it from the very be- ginning ?-I believe so. And was not this lady against whom you have made the charge matron of the hospital all along ? -She was matron there. And you were on terms of intimate friendship ? -She came to the house at all hours, and I sug- gested, and my husband, too, that she should not come with such frequency and at such late hours. During the time you were living together, is it true that there are only two specific charges of cruelty which you can make against your husband? —No. He was always cruel. With reference to the occasion of the 24th of July, 1901. when her husband threatened her with a razor, she said he went to the drawer to get a razor. On the occasion in August, 1901, her husband locked her in the bathroom. She left him in October. Did he not complain of your conduct with a certain gentleman ?-No, never. Witness said she consulted a solicitor afterwards, and there were :iegotiations for a deed of separation. She denied that she left her husband with £700 worth of debts. Her only debt was P,5, which she had con- tracted with the knowledge of her husband. Her husband became ill shortly afterwards. He com- municated with her afterwards. Miss Evans came to see her. When she came did she ask you whether you specifically at that time made any charge against your husband ?—I told her that I forgave my husband for the sake of the practice, and not to make it public. Did she try her utmost to induce you to go back to your husband ?—She tried to coax me back to the utmost extent she possibly could. Without using actual physical force, did she try to the utmost extent of her power to bring you back to your husband ?—She asked me to go back, and brought me a note from the doctor. Did she tell you how very distressed he was at what had happened ?—Yes, she did. Did she tell you that he would do everything in his power for you if you would only go back to him ?-Yes. Did you vow at that time that you would never look on his face again, and that he should never see his child ?-No, never. Did she tell you at the time of this conversation that respondent had many good qualities, and that the best of all was that he was a perfectly moral man, and did you say in answer, Yes, that has always been his great point ?"—I had always said that I never thought my husband was immoral. Did a conversation to that effect take place between you and Miss Evans at that time ?—Yes. Did you subsequently get a letter from Miss Amy Evans while you were in Scotland ?—I be- lieve I had two, or possibly, more. Mr Bayford read and put in a long letter from Miss Evans, in which she spoke of the respondent's love for his wife, and urged petitioner to re-join him. (To witness) Do you remember that letter ? -Yes, I distinctly remember it now you have read it. The learned counsel then asked petitioner if she answered the letter. Petitioner said she did not know. How long after you had that letter were the proceedings taken against him in the Barry County-court 7-Some time, I think. Was an order made against him in the county- court, and, in order to avoid being sent to prison, was he obliged to become a bankrupt ?-He went bankrupt.. Mr Priestley (in re-examination) I see there ia a postcard from him on the 12th of January, 1904, addressed to you. It is in these words Who is your fancy boy now ? Try and get £ 4 10s a week from him. What price Judge Owen's verdict to-day?—John Livingstone, M.D. His Lordship said he had another postcard, on which the following was written :— Where are the wedding presents you stole ? What about G. T. in the stable loft ? Is your mouth as large as ever ? Then, continued the learned Judge, another post- card was before him in which these words occurred Would you like £ 4 10s a week now, or wait until you get it ? Ask your fancy boy. How would you like a feeding bottle ? Why not get —— to buy it for you ? Mr Priestley There have been a large number of communications of that kind. His Lordship Here is another :— I had your third summons to-day. I do not intend to pay you anything this side of the grave. I suggest you get one of your fancy boys to help you. Then there is another postcard, which beigns:— Mr Dear Son,-I hope you are feeling well and doing well in your studies. I am in excellent health and spirits, and shall see yoia very soon, in spite of everybody. Mr Priestley How do you account for his going on in that way ?-His madness. He was always doing that whenever a. gentleman came to the house. Was the gentleman he has named a friend of your husband's ?-A great friend. Was he a friend to your parents also ?—Yes. Witness said that when she went away to her parents she went accompanied by her brother-in- law, Mr Jones-Lloyd, who was a solicitor at Barry. Mr Bayford i did not make any charge of misconduct against this lady. His Lordship And you put the question which you did, and she absolutely denied it. You must take her denial, and you are not entitled to give any evidence on the matter. Was there ever any suggestion that you had not been chaste 1-Never. Did you observe that Miss Evans in her letter on behalf of your husband said that the doctor's love for you is as strong as death ?—She says that in the'letter. Mrs Jones-Lloyd was next examined. She said she was a sister of the petitioner, and wife of Mr Jones-Lloyd, a solicitor, of Barry. Her sister had complained to her many times about her husband. She was in great mental distress and was crying. That had happened frequently. She remembered the occasion in 1901 when her sister came to her, and she accompanied her back to the house, and saw the doctor. What did you do ?—I accused him of being unkind to her. He got up to go out of the room. The key was in the door and I locked it, and made him remain in the room till I had finished speaking. 1 accused him of taking her by the throat and trying to strangle her, and also with threatening her with a razor. He did not deny what he had done. Mr Priestley The respondent never denied that he had done something ?—He did not deny it. Did petitioner come to consult with your husband prior to her going away in October ?— Yes. I believe she came to see my husband. He went away with her to the North ?—My husband went.. I did not go. I was not well. Cross-examined by Mr Bayford: I notice that when you went to see respondent and charged him with trying to throttle and strangle your sister, you did not say that he admitted it, but that he did not deny it?—He did not deny it, but he swore and used bad language. Rose Evans, formerly a servant in the service of the petitioner, and now married, gave evidence to the effect that she was in the petitioner's employ about three years. When you were with Dr and Mrs Livingstone how did he treat her ?—Very badly. Was he a sober man ?-No. How would you describe him ?—He was more often drunk than sober. And regarding his language ?-It was very abusive. Did Mrs Livingstone make complaint to you about her husband ?—Yes. She was very agitated and crying. I heard Mrs Jones-Lloyd talking to him about taking Mrs Livingstone away if the cruelty happened again, I did not hear what he said. Did you ever go to fetch beer for Dr Livingstone 1-Yes. Can you remember on one occasion going to the public-house several times ? How many occasions did you go that night ?- About seven or eight times. With how many jugs ?—Two jugs. What sort of a wife was she to him ?—Very good.
FRIDAY'S HEARING.
FRIDAY'S HEARING. Mr Frederick P. Jones-Lloyd, a solicitor and notary, of Barry, was the first witness on Friday. He said he married a sister of the petitioner. He had known the respondent, Dr Livingstone, since 1890, and since the marriage had seen a great deal of him and his wife. Petitioner had complained to him about her husband, and he had noticed that she was crying on several occasions, and seemed greatly distressed. He had observed the habits of the respondent from time to time. How would you describe them ?—He had a violent temper, and, I am sorry to say, he is a drunkard. Witness said that he remembered the petitioner coming to him on an occasion before October, 1901. She was in a terrible state of distress, and was crying. She made a complaint in reference to her husband. The next day witness took petitioner back to her father's in Scotland. Continuing, witness said that in August he had a telegram saying the respondent was dead. He had another telegram the next morning saying Dr Livingstone turned up." He subsequently accused the respondent of sending the telegrams and he admitted it. He said he wanted to see what effect it would have on his wife. Cross-examined by Mr Barnard, witness said he communicated the fact about the telegram to the petitioner the same evening. He wired to her to say that he had received a wire that Dr Livingstone had died, and the next morning he turned up. There was an obituary notice in the Barry Dock News the next morning. Henry Davies, Commercial-road, Cadoxton, a labourer, said in June, 1902, he met with an accident, and went into the Voluntary Hospital, and was there a year and ten months, leaving in April, 1904. Dr Livingstone came to the hospital in the following January. Witness said he remem- bered the doctor coming into the hospital early one morning, and witness prepared some coffee by direction of Miss Evans. He took it into the dining-room. Whom did you see there ?-Miss Evans and the doctor. Were they standing or sitting down ?—Sitting down. How were they sitting ?-The doctor was sitting on the chair and the lady was alongside of him. How ?—Well close together. Where was she sitting—on what ?—She was sitting on his knee. Where was his arm ?—On the back of the chair. What did you do then I-I went back to the kitchen. When did you see Miss Evans again ?-A few minutes afterwards. She came to me and spoke to me. What did she say ?—She said, Where is the coffee ?" What did you say ?-I said, It is on the table there." Nothing else passed she took the coffee away. I did not speak to her about what I had seen. Have you seen anything in their conduct towards one another in the hospital which was remarkable 1-She was always very pleased when she saw him. Have you ever seen him do anything to her ?- No. Have you ever seen her do anything to him ?- No. Have you ever noticed anything about her hair on these occasions ?—I have. What have you noticed ?-It was rather untidy. His Lordship When did you notice her hair ? to be untidy-when she opened the door, when he was about the hospital, or what ? Witness When she opened the door. Mr Priestley What is the latest time you have known him in the sitting room ?—He has been there nearly all night sometimes. How often ?-On several occasions when he has been intoxicated. Witness added that there was a spare bedroom in the house, and he had seen the doctor go up to it, but he did not know the date. Tell us about the date ?—February, 1904. Do you remember Dr Livingstone writing post- cards in Miss Evans' presence ?—I have seen Miss Evans there. Witness said he read one of the post-cards, which was addressed to Mrs Livingstone. Cross-examined by Mr Barnard, witness did not think there was anything wrong in the lady giving the doctor some breakfast in the dining-room of the hospital after he had been travelling all night from Scotland. After breakfast the doctor and Miss Evans went to Arno House. He believed Miss Evans was away about an hour, On the occasion when he made the coffee Miss Evans asked him to prepare it. He got it ready, and, as he was told, took it into the diningrroom. The door was partly open when he went to the room. Did you put the coffee down ?—No. Why not ?—I went to the door and returned. You went into the room i—I stepped inside the door. Do you mean that you at once drew back J-Yes. Where you a second in the room ?—I was in long enough to turn round and come back. (Laughter). Where was Dr Livingstone sitting-in what part of the room ?—Opposite the door. Did either of them say anything when you eame out of the room ?-No. Miss Evans came out of the room directly after me, and asked where the coffee was. I replied that it was on the table. Is that all you said ?-Yes. Where was Miss Evans sitting when you went in ?—She was not sitting at all. What was she doing ?—She was close to him. I On what ?—Standing. I understood you to Ray when you were giving your evidence in chief that she was sitting on his knee ?-No, sir, .close by him. Did you say when giving your evidence in chief that she was sitting on his knee ?-No, sir. His Lordship: You did, you know. Witness She was like round by his side. His Lordship You did say she was sitting on his knee. There is no question about it. Is that true, or is it not I Witness did not answer, and the Judge directed the official shorthand writer to read that portion of the witness's evidence. Mr Chapple having done so, his Lordship said to the witness, Now you have heard what you swore before. Is that true or not ? Witness I could not say whether she was sitting or standing. She was right close. His Lordship You can tell if a woman was standing or sitting down. Witness It was a large chair, and she partly occupied some of the chair very close to him. Mr Barnard How came you to swear she was sitting on his knee?—She was very close. I want to know how you came to swear she was sitting on his knee ? Witness didn't answer. Mr Barnard Cannot you explain it Y His Lordship Are you prepared to swear she was sitting on his knee ? Witness No. His Lordship T4at will probably be sufficient for you, Mr Barnard. Replying to other questions, witness said that when he said that Miss Evans' hair was untidy he meant that it was like it would be if she had been out in the wind. It was only a little rough in the front. Mr Priestley asked that he might be allowed to cross-examine the witness, as he had, he said, clearly shown that he was a hostile witness. His Lordship I do not think so. Mr Priestley said it was obvious from the way in which the witness had given his evidence that he was hostile. He wished to ask if he had made a statement ? His Lordship You can ask him that ? Mr Barnard submitted that the witness had not shown himself to be hostile. His Lordship remarked that if it was shown he had made a different statement, that would not establish him as a trustworthy witness, Mr Priestley (to witness) Was any threat held out to you if you gave evidence against Dr Livingstone ? Witness No, sir. Witness admitted he had made a statement to the solicitors for the petitioner. Mr Priestley obtained permission to put the statement to the witness, who perused it. His Lordship You have read that statement through ? Witness A good deal of it. Is it correct or not ?-Well, it is the statement I gave. Is the statement correct ?—I was very ill at the time I gave it. Mr Barnard here obtained permission to inter- pose the Rev Frank Williams as a witness for the respondent on the ground that he desired to leave by train to see a parishioner who was dying. The Rev Frank Williams said he was now the Vicar of St. John's, Ebbw Vale, and for some years he was curate of St. Mary's, Barry. Dr and Mrs Livingstone and Miss Evans were then parishioners, and he frequently visited at Dr Livingstone's house. Have you ever seen Dr Livingstone ill-treat his wife ?—Never. Mrs Livingstone never made any complaint to me. Witness said he had frequently seen Miss Evans at the house, and, so far as he could tell, Miss Evans and Mrs Livingstone were on friendly terms. After Mrs Livingstone left her husband he had a severe illness, and witness and Miss Evans nursed him. Have you ever seen any impropriety between them ?—Never. Mr Priestley Was he a great drunkard ? Witness He drank more than was good for him. Did you write to Mrs Livingstone a letter in which you said, Believe me, I know and feel that your provocation was great" ?—I did write it. Do you suggest that this lady ran away from her husband for any other reason than that she could not stand life with him any longer ?-No. Witness added that he continued the acquaintance of respondent after his wife left him up to the time of this affair happening. He had never noticed any great excess in the way of drink en the part of respondent, but he certainly got worse after and drank more. Evidence for the petitioner was then resumed. James Fuller said I am a police constable stationed at Barry Dock. I know Dr Livingstone very well. I know Miss Amy Evans. The Police Station is close by the Voluntary Hospital. Do you remember on one occasion when you were on duty and saw the doctor ?—Yes, early on the morning of March 10, 1904. At what time?—12.30 at Holton-road. I saw the doctor leave the Voluntary Hospital. He spoke to me. He was under the influence of drink. He had some papers in his hand, and said he was going to read all night. He then went into Arno House. The light was burning in the front room downstairs. About fifteen minutes later I saw Sister Amy Evans leave the Voluntary Hospital. Where did she go ?—She crossed the road, went through Watson-street, turned into a lane, and entered the doctor's house by the back way. I followed her. I had seen her do it on several occasions, so that I watched her on this occasion. Where did you go after you saw her go in at the back way ?—I went to the front of the house in Holton-road. When you got there what did you see or hear -1 heard them both talking in the front room downstairs. What did you observe next ?—The light in the front room downstairs went out. A light next appeared in the front room downstairs went out, A light next appeared in the front room upstairs, which is the bedroom, or was then. What else did you see ?—I 'saw them walking the room together, the doctor and Sister Amy Evans. How could you see them ?—I could see distinctly. How?-The window was open. How about the blind ?-The blind was blowing into the room, and there was a space of about seven or eight inches. I could see distinctly into the room. Who did you see there ?—I saw the doctor and Sister Amy Evans. What were they doing ?-They undressed. Did you see them ?—Yes, distinctly. Did you hear talking?—I heard them both talking, and I heard her laughing. Were you able to hear what was said ?—Oh, I could not hear what they were saying. What clothes did you see her in in the top room? -When she entered the house she was wearing a blue jacket and skirt. When I saw her in the bed- room upstairs undressed she was wearing a white nightdress, I should think. It was something white. f What became of the light ?-It was lowered a little, and remained burning until the time I went off duty in the morning at six o'clock. Henry South, another policeman, said he had seen Dr Livingstone in the sitting-room with Nurse Evans. They were sometimes close together. He had seen Dr Livingstone lying on the couch. What else have you seen ?—On one occasion I saw Dr Livingstone with his arm round Miss Evans' neck. Since April last the doctor, said witness, had been living at the hospital. Did you notice any conduct there ?-I saw the doctor sitting alongside Miss Evans in the sitting- room. How often have you see him with his arm round her neck ?-Only that once. Is that the only act of familiarity you have ever seen?—That is all. Mabel Ferguson, the next witness, said she was a trained nurse, and was engaged at the hospital from the 12th of March to the 26th of May, 1904. The day she went there Dr Livingstone came to the hospital about eight o'clock in the evening. Sister Amy Evans received him, and took him into the sitting-room. At twelve o'clock, when witness went to bed, they still remained in the sitting-room. The next day Dr Livingstone came to the hospital about four o'clock in the afternoon, and went into the sitting-room with Miss Evans. He remained an hour or so, and then left. Do you remember an occasion when you went to post a letter ?—Yes. On May 18, at about eight o'clock in the evening, I looked through the sitting-room window, and I saw Sister Amy Evans sitting on the doctor's knee in her dressing-gown. He had his arms round her neck, and, I should say, was kissing her. Witness said she once saw the doctor go to his own house and Miss Evans followed him. That was between twelve and four o'clock in the early morning. Miss Evans returned about six o'clock. The doctor afterwards took up his quarters in the hospital. Where was his bedroom there ?—Opposite Miss Evans' bedroom, Mrs Eliza Garner, a widow, of Barry, said she had worked at the Voluntary Hospital five times. The last occasion was in December, 1903. She remembered the bell of the front door rung, and, on answering it, Dr Livingstone came in. He went to the sitting-room where Miss Evans was. Miss Evans rang the bell, and asked witness to bring the doctor's dinner. She did so, and she saw Sister Evans sitting in a chair. The doctor was in another chair. Witness put the dinner on the table. His Lordship Did you ever hear Sister Evans address the doctor ?—Yes. What did she call him ?—" My dear." Witness added she had seen the doctor and Miss Evans go upstairs looking round the spare rooms. Mr Barnard Do you suggest any impropriety between them ?—I never saw any. You had no suspicions after they had been into these spare rooms ?—Well, it did not look very nice, I should thiuk. Mr Arthur A. Leon, architect and surveyor, produced plans of the house. This concluded the case for the petitioner. Mr Barnard, in opening the case for the respon- dent, said there was no case of cruelty. As to the allegations that Dr Livingstone went to the drawer for a ra-zor, he was instructed that Dr Livingstone had no razor in the house. He did not defend Dr Livingstone's conduct in sending the postcards, but he contended that that did not constitute cruelty. With regard to the charge of misconduct, he saw that upon the first blush there appeared to be a substantial case that he had to meet, provided the learned judge believed the evidence which had been called but he must, in Miss Evans' interest, and also that of Dr Livingstone, point out how it came about that there was such a friendship between these two people. Dr Livingstone at one time had a substantial practice at Barry, and when he had it he started the Voluntary Hospital, of which Miss Evans became the matron. Miss Evans was a friend of both Dr and Mrs Livingstone, and this was proved by the letter she wrote to Mrs Living- stone, begging her to return to her husband. She also went to Scotland, and saw Mrs Livingstone, and tried to bring about a reconciliation. Shortly after Mrs Living- stone left her husband he became seriously ill. Miss Evans and the clergyman who had given evidence nursed him. After his return from Scotland was there anything improper in his going to the hospital and kaving his breakfast ? Miss Evans would emphatically deny the charge of immorality or the doctor having his arms round her waist. The evidence of Fuller, the constable, he suggested, was partly true and partly an exaggeration. He could not sleep, and ib was for the purpose of pacifying the man whom she had known for some years that Miss Evans went to his house. She did go to his bedroom, and was reading to him in his room. He believed at that time Dr Livingstone had threatened to commit suicide. With regard to the evidence that Miss Evans ever undressed, or even changed her clothes when in that room, it was absolutely untrue. Having quieted the doctor, she left the house and returned to the hospital. This was the incident which was magnified into a charge of adultery. Dr Living- stone would deny the story as to the couch, and he would prove that there never was a couch in the sitting-room, and the other allegations of witnesses would also be denied. Dr Swain was first called to speak to an examination he had made of Miss Amy Evans with the object of proving her chastity. Dr Livingstone was then examined by Mr Barnard, He said it was true that lately he had drunk to excess. It was not true that he threw his wife on the bed, held her by the throat, and nearly suffocated her, and went to a drawer for a razor. There was absolutely no truth in the allegation that he struck his wife in the face and spat at her. In October, 1901, he found a gentleman in the house with his wife in the dining-room. Where was she when you got into the room ?— Sitting on his knee. Witness said he did not speak about it then, but he was angry with his wife later on, and she left that night and never returned. Miss Evans had been a friend of himself and his wife. In 1897 he took a great interest in the Voluntary Hospital. He had a substantial practice at Barry-worth about £1,000 a year-and he gave as much time and money as he could to the hospital. The hearing was adjourned until Tuesday, when Dr Livingstone was further examined by Mr Barnard. In his evidence-in-chief he said he had written some of the postcards and letters which had been put in. When you wrote them were you under a state of excitement ?—Yes, very excited. Are you sorry now that you wrote in that strain to your wife?—Yes, I am. It was not true that Miss Evans sat on his knee. Respondent had chronic Bright's disease now, and during an illness Miss Evans nursed him. Did Miss Evans come to your house after you returned home?—I believe so. Were you sleeping well at that time ?-No, I have scarcely been able to sleep for the last three years. Did Miss Evans read to you ?—Yes. Did Miss Evans come into your bedroom ?—Yes, What did she do ?—She read to me. How long did she stay ?—She stayed until I fell asleep. Did Miss Evans undress in your bedroom ?-No, Has she ever undressed in your bedroom ?-No, never. The constable South said he had seen you lyino- on the couch in Miss Evans' sitting-room. Have you ever been lying on a couch in the room ?— Never. Was there a conch in the room ?-No. The constable South said he had seen you with your arm round Miss Evans' neck, or her arm round your neck. Is there any truth in that ?— No. Do you remember Mabel Ferguson ?—Yes. She says that on the 18th of May she went out to the post, and on coming back she looked through the window into Miss Evans' sitting- room, and she saw her sitting on your knee ?— That is not true. Had you your arm round her, or had she her arm round you ?-That is not true. I think she said she saw you kissing her ? Have you ever kissed her ?-Never, What did you call Miss Evans ?—Sister. Did you ever call her My dear ?—Nob to my knowledge. Now as to the evidence of the charwoman, I Garner, do you remember shortly after removing into the new hospital going upstairs with Miss Evans on any occasion ?—Yes, I went all over the hospital on that day. Did you stay in the nurses' room for some ten minutes or a quarter of an hour ?—No, I am quite certain we did not. Was Miss Evans a friend of your wife?—Yes. Is there any truth in the suggestion that you ever misconducted yourself with Miss Evans ?— No, none whatever. Mr Priestley Doctor, now listen to me. Since your marriage to this lady, and since she left you in 1901, have you ever misconducted yourself with any other woman ?—No. Do you swear that?—Yes, I do. You sent Miss Amy Evans up to Scotland when your wife left you ?—Yes. Did you tell her to say to your wife that your love for her was strong as death ?—Yes. And the loss of your wife's love was killing you ? ) -Yes. You say you wanted her back very badly ?—Yes. Because of your love for her?—Yes, I wanted my son back. Was she not a good wife to you ?—Yes, she had been a good wife to me. And you sincerely desired her to come back to you ?—Yes. Used you not to swear at her and use foul language ?—No, I did not swear at her. I believe I did on one occasion. So that you broke out for the first time in these letters ?—Yes. You know she said that on one occasion in July you tried to get at your razor ?—That is not true. I kept my razor at the barber's, but when I went to Dunoon for my holidays I took it with me, as I could not get shaved outside there. Do you swear that you never had a razor of your own in your house?—No, never. What do you suggest caused your wife to go to her sister to lay a complaint against you ?—I do not know. What possessed her to do it ? You can give no explanation ?—None whatever. Unless you were, as she thought, guilty of cruelty towards her ?-I do not know what she thought. Now, did you cause a telegram to be sent to your wife that you were dead ?—Yes. Is this the telegram Dr Livingstone died to-day at 5.30 ?—'Yes, Did you desire to give your wife a shock ?—No, I desired to see what would be the effect on those who were managing the matter of my insurance money. Mr Priestley then cross-examined respondent with regard to certain letters he had written, to show that they contained threats towards his wife. Dr Livingstone said he did not know what he was doing at the time. Replying to further questions, respondent said that while he was living in the hospital his bedroom was opposite to Miss Evans'. He continued to occupy the room after the petition was served. Miss Evans did not' suggest that he should go and live elsewhere after the petition was served, but she had suggested that immediately the case was over he should go into another house, and start his work again. Did it not strike you that living in the house was likely to compromise you ?—No, it never struck me in that way. Does it do so now ?-No. Did it dawn on your intelligence that you were compromising yourself by continuing to live there? -No. Does it do so now ?—No. Answering further questions, witness said he had spent part of a night in Miss Evans' sitting-room in a chair with ) her alone in the room. Night after night, sir ?—No. Did she read to you on several occasions until you fell asleep ?—Yes, on several occasions. In your bedroom I-Yes. Why did she come into your house by the back way on the morning of the 10th of March ? — The reason she came in that way was simply because I would have had to get up to let her in by the front. You always left the back door open for her to come in at her leisure ?-The backdoor was always open. So that she could come in an out as she pleased? -Yes. Were you attached to Miss Evans ?—How ? Were you attached ?—I am very fond of her as a nurse. She has always been more or less inti- mately connected as a nurse with my work. She was the nurse you chose to look after you when you were in this deplorable condition ?— Yes. Undoubtedly she was the best nurse in the town. Just think. Has she not called you My dear when you came to the house ?-I believe she calls everyone who comes to the house My dear." And she has said it to you ?-And I daresay if you visited the hospital she would call you "My dear. (Laughter.) Louise Holder, wife of Frank Holder, of Barry, who lived with Dr and Mrs Livingstone, as cook in 1900, said she never heard petitioner complain of the conduct of her husband. Mrs Mary Roberts, wife of Mr A. T. Roberts, of Barry, said she had known the parties for some years. Dr Livingstone had attended her family, and witness had visited at their house. She never saw anything to suggest that Dr and Mrs Living- stone were living unhappily together. Witness knew Miss Evans, and she knew that Mra Living- stone was on very friendly terms with Miss Evans. Mrs Livingstone assisted at all the bazaars in aid of the Voluntary Hospital which were got up by Miss Evans. Cross-examined She never saw the doctor drink to excess. Did you think Mrs Livingstone had good reason to leave the doctor ?—No, I wrote asking her to come back. Miss Amy Evans was then examined. She said she was the matron of the Voluntary Hospital at Barry, which she helped to establish in March, 1898. When it was first started Dr Livingstone was living close by. He used to take a deep interest in the institution. He always did his very utmost for the patients in the hospital, and always attended any extra case which came in at night, the other doctors being too far away. Mrs Livingstone was very good in trying to help the hospital, and witness went out driving with her. Witness was constantly in communication with the doctor, and she did not know that Mrs Living- stone objected to her calling. They always ex- pressed themselves as glad to see her. Mr Bayford During the four or five years they were living together, had you reason to believe that she was unhappy with her husband ?-At the latter part of the time. About that time he had begun to take drink ?— At the time, when very troubled about a gentle- man who was a great deal there, he did. Witness added that after Mrs Livingstone went away she went to Scotland and pleaded with her to come back. She went with a letter from the doctor, in which he apologised for anything he might have done or said. She told Mrs Living- stone how distressed he was, and begged and entreated her to come back. Mrs Livingstone said she would never live under his roof again, and rejoiced that she was so many hundred miles away. Her mother said he dare not come within 70 miles of Glasgow. Dr Livingstone was after- wards taken very seriously ill owing to his great sorrow. His Lordship Did he take to drink during his sorrows ?-It was the only thing which would relieve his brain. Mr Bayford Now, I will ask you this general question. Have you ever misconducted yourself with Dr Livingstone?—Never. The witness Davies said he saw you sitting on ¡ Dr Livingstone's knee ?-That is untrue, and he afterwards withdrew the statement. I have never sat on his knee. It is perfectly untrue. _I Now, Fuller, the policeman, says on the 10th of March he saw Dr Livingstone go to Arno House, that you went to the house afterwards, entering at the back door, and he heard you and the doctor I. talking in the front room, and afterwards the light went out, and you and Dr Livingstone appeared in the bedroom upstairs, that you first of all were in the blue dress, and you then appeared in some- thing white ?-That is positively untrue. His Lordship You do not mean the whole story is untrue ?-No, I mean the undressing. Mr Bayford Give us as near as you can your own account of the affair.-Dr Livingstone had 1 been ill ever since his wife left. He had got in the way of taking narcotics, which I thought a most serious thing for him. I said to him, Let me try if by reading you to sleep you can give up taking narcotics, which will ruin your health." He said, If you will read me to sleep I will promise to try. I remember that on the evening of the 10th of March he ha.d some distressing solicitors' letters, and came in in a most excited and distressed condition. He seemed in such a state that I was really terrified that he might put an end to himself. I said to him, Do not be silly j y°n go over and go up to your bed. After you have had time to get into bed I will come over and read to you," as I had done repeatedly before. I went over as promised. His Lordship Which way did you go in ? I always went in by the back door so as to prevent him coming down to let me in. Mr Bayford When you arrived had he gone to his room ?—I cannot quite remember. The practice was when I went to the house to stay in the sitting-room until he got to bed. Then I would go up and read until I knew he was asleep. Did you ever undress in his bedroom ?—Never. On these occasions that you went to read to him about how long, as a rule, would you stay there 1 —I cannot exactly say. Have you at times spent considerable periods in his room ? Yes. I never left him until he was asleep. I was in fear what he might do. When I got him calmed down and asleep then I would leave. Now, the policeman South says that on one occasion he looked into the hospital sitting-room window, and saw you and Dr Livingstone lyin» on the couch, and he had his arm round your neck"? -There was no couch in the room, as I have witnesses to prove. Has Dr Livingstone ever had his arm around you in that room ?—When he was dying, as we thought, he might have put his arm around me when I raised him in bed. We are not speaking of that. We are speaking of the occasion alluded to by South ?—That is untrue. Is it not a private sitting-room ?-It is the hospital room, and everyone who comes there by day goes to it. His Lordship We are speaking just now of what occurred by night. Witness: And by night as well. The nurses would come to me about everything they wanted by night as well as by day. Mr Bayford Dr Livingstone has been in the room by night ?—When in a distracted condition he has fallen asleep. I have let him stay, and I have gone on with my writing. Sometimes I would stay up all night writing, preparing the statistics of the day. Has any impropriety ever taken place between you and Dr Livingstone in that room ?—Never, never. Now Mabel Ferguson says that on the 18bh of May she went to the post, that on coming back she looked through the sitting-room window and saw you sitting on Dr Livingstone's knee, and that he had his arm round your waist, and was kissing you. Is that true ?—Positively untrue. Answering further questions by Mr Bayford, witness said she offered Dr Livingstone a room in the hospital because he was ill. He made no payment for the room, but he gave her money to provide his food, at the rate of 10s a week. When was the first time you heard of the charges made against you ?—When Mr Arthur Hughes' clerk brought the petition to Dr Living- stone, and handed it to him. Did you do anything upon that ?—I went straight off to Bristol in order to be examined, and I was examined by Dr Swain. Dr Living- stone had laboured for six years for the hospital, and if she could not have found him a room after he was turned out, she would hauebeen hooted out of Barry. When did the doctor first suffer from sleepless- ness?—He suffered from sleeplessness after his wife left him. You were a good deal attached to the doctor ? -No more than to anybody else who was in need and who was being persecuted. Was it your suggestion that you should sit up until he got to sleep at night ?-It was my own suggestion in order to help him to give up the use of narcotics. Was he advised, to your knowledge, by a doctor on that subject ?-He was advised by one of the doctors in the town to use any means he could to give up narcotics. When he went to sleep, what did you do ?—I went home immediately. Now, Fuller said he heard you laughing and talking in the bedroom, but he could not hear what was said. The light was lowered, and was left burning until he went off duty at six o'clock? -The light would not be lowered until I left. I always lowered the light when I left. Do you swear that you did not take off any- thing that night ?—Yes, or any night. I never wear a jacket. Do you remember getting Miss Fergusson to post a letter on the evening of May 18th last year ? -I sent letters to the post five or six times every day. Is it possible she might have seen the respondent through the window?—If she saw anything she could not see anything of what she says. There was no couch in the room, there were five or six basket chairs in the sitting-room, but no long chair, nor a draw-out chair like a couch. Mrs Dorothea Cook, widow of Dr Cook, now residing at Marlow, said she used to reside with her husband at The Towers, Barry. This was in 1903. Her husband frequently visited and treated Dr Livingstone. Witness became acquainted with Miss Evans, and her daughter in December 1903, stayed at the Voluntary Hospital. She never saw anything improper between Dr Living- stone and Miss Evans. & Mrs Agnes Watson, residing at Barry, said she had from time to time been temporary nurse at the Voluntary Hospital. She was there for almost two years-.from 1901 to 1903. Witness never saw anything of an improper nature between Dr Livingstone and Miss Evans. The doctor conducted himself as a gentleman when he entered the wards of the hospital. Several of the hospital nurses, who said they were constantly about the place, said they never saw any impropriety. This closed the case for the respondent. The hearing was adjourned until Wednesday. THE FINDING OF THE COURT. The case was concluded on Wednesday. Mr Priestley addressed the Court on behalf of the petitioner. The Judge sammpd up at considerable length. He was satisfied from the evidence of the petitioner and her sister that the charges of cruelty had been established. The question of adultery was a difficult one. There was mixed up m the case the positions of nurse and medical man, both connected with the same hospital. When they had a man of education and reputation giving way to drink, they knew he was no longer in control of his actions. The question the Judge a,ked himself was, How came it that a woman in the position of Miss Evans habitually allowed herself to be in the society of a man who was in a drunken condition 7" Did her position justify her in being alone with him for hours If it was necessary to read the doctor to sleep, us had been alleged, why could it not be done in the hospital, where there were other people who could give evidence ? The whole course of conduct of Dr Livingstone and Miss Evans proved to his mind that there was existing between then, not ordinary friend!? feeling, but what Dr Livingstone had glazed over when he said he Was fond of Miss Evans as a auree." His Lordship's impression was that the ponditicn the respondent allowed himself to get into was one in which he could not be trusted. He held that adultery had been established. With regard to the question of domicile, the Judge was of opinion that the respondent was a Scotchman, and, therefore, an English court had no jurisdic- tion. Under these circumstances his Lordship was unable to grant the petitioner the relief she craved. Though he had found in her favour, he would dismiss the petition. In reply to Mr Priestley, the Judge said he was prepared to give a decree of separation. At the same time he thought the best course would be to appeal on the question of domicile, and the Court of Appeal had power to grant a judicial separation. The matter was then left over till the next first day that his Lordship was engaged in divorce business.