Thomas Smithson gives Evidence in Vicar's Divorce Suit

Written by Steve Smithson Saturday, 16 March 2002 06:50

VICAR’S DIVORCE SUIT

MORE EVIDENCE IN A SENSATIONAL CASE

(The News of the World, 27 May 1900, Page 4)

In the Divorce Division the hearing of the petition presented by the Rev. Hamilton Young, vicar of Alne, in Yorkshire, praying for the dissolution of his marriage on the ground of the alleged misconduct of his wife with the co-respondent, Thomas John Mintoft, a churchwarden, which they denied. Mrs Young alleged that her husband had been guilty of cruelty and adultery with Miss Mary Ann Burton (the intervener). She and the petitioner denied this charge, and the Rev. Hamilton Young pleaded that if he had been guilty of violence, which he denied, he had been provoked by his wife.

Miss Young, sister of the petitioner, was further cross-examined by Mr. Deane. She said, speaking of the field incident in April, 1895, that she fixed the date and place by discussing the matter with her brother and looking at the plans of the place in the solicitor's office. She was not sure which of the four fields settled it was that the shed was that Mrs. Young and Mr. Mintoft entered. The shed was a wooden one a few yards from the road. It was open at one end. She could not recollect whether the gate of the field was padlocked, but the parties did not climb over the gate. She thought it was in the summer of 1896 when they were at the Hotel Metropole. She could not fix the date. She remembered Mr. Mintoft was staying at the hotel. She had heard he often stayed there. When she and Mrs. Young went there they took the rooms. Witness said that when she saw Mr. Mintoft she did not know where he came from. He did not say he had come up on purpose to see Mr. Kershaw or Mrs. Young. They did not dine at the Metropole, but she did not know why, and when they returned there they sat in an alcove in the corridor. It was late in the spring when the church incident occurred in 1896. It was about eight o'clock in the evening, almost dark. There were no lights in the church while they were there. She stayed at the door while Mintoft and Mrs. Young went into the Strangways Chapel. There were two windows of coloured glass in the chapel. Mr. Mintoft called out that there were three men with

A LIGHT AND A LADDER

in the church. She did not know how he saw the men. It never occurred to her that the men might be catching owls. As to the incident it was perfectly true. She did not know whether Mintoft was afraid of being seen, or whether he thought someone was breaking into the church at the time. Re-examined by Mr. Inderwick: When she and her brother discussed the shed incident she fixed the date because she remembered that her brother had been out shooting and fishing. She and her brother drove to the place. She pointed the place out where the shed stood, but there was no shed there. It had been removed. When she saw Mintoft at the Metropole in 1896, it was before the drive to Easingwold. She knew Mintoft had a room in the hotel at the time.

William Foster said he was a butcher, and lived at Easingwold. The date that he gave as coming down the lane at Easingwold was in June, 1896. There were three fields adjoining. There was a shed between two of the fields. He had occasion to go to the shed very often, and when he got partly down the lane he saw Mintoft. The ladies were sitting in the trap. He did not speak to them, but drove past as he was feeding his cattle. After the ladies left Mintoft came to him and asked him to help him catch his horse, which had got away from where it had been left.

By Mr. Deane: From the time he went into the field until the time the ladies drove away in the trap would be about ten minutes. The seed was only used for cattle, and it was never attended to very much. When they caught Mintoft's horse the bridle was broken.

Thomas SMITHSON, who was a joiner at Alne, said on occasions in February or March, 1897, when he was doing repairs to Mr. Temple's house at Alne, Mintoft and Mrs. Young were in the drawing-room for some time. He had seen Mintoft and Mrs. Young walking since 1896, when he was doing work at Mintoft's house.

Fanny Rodnell said she had been in the service of Mr. and Mrs. Young as cook. She was there when Mrs. Young left in August, 1898. She had heard Mr. Young say to Mrs. Young that she was not to speak to Mr. Mintoft or allow the children to do so. She recollected the governess being sent away, and about that time Mrs. Young also went away. Mrs. Young said she was coming back in three weeks. She had corresponded with Mrs. Young at the time, between August and December. She wrote that she was not coming back as she had said, as Mr. Kershaw wished her to remain a littele longer. She (witness) went to Crow's Nest the day after Mr. Young left for Scotland. When she saw Mrs. Young at Crow's Nest she said she thought she was not coming back owing to her acquaintance with Mr. Mintoft. She said she had had a letter from Mr. Young saying she was not to come back without she gave up

HER ACQUAINTANCE WITH MINTOFT.

By Sir E. Clarke: She was now in the service of Mr. Young. She entered the service in 1897. there were differences between Mr. And Mrs. Young shortly after that. She had not seen Miss. Burton enter the house since Mrs. Young left. The governess had told her that Mr. Young had given her a month's notice because she talked to Mr. Mintoft. Miss Thompson, the governess, had complained to her that Mr. Young used violent language. She had heard Mr. Young using violent language.

Anthony Crosbie said he had seen Mintoft and Mrs. Young walking together. By Sir E. Clarke: He knew Mintoft was a good deal about on his bicycle in 1897. He (Mintoft) met Mrs. Young on one occasion as she was leaving the station. Mr. Mintoft got off his bicycle and spoke to her. When he saw Mrs. Young entering Temple's house he saw Mr. Mintoft shortly after. He entered Mr. Temple's house after.

Harry Burton, brother of Miss. Burton, the intervener, said he and his sister were living with his mother when Mr. Young came to Alne. Witness's father was a farmer. He became acquainted with the Vicar in 1895. He remembered Mr. Young being away yachting in July, 1896. He recollected seeing Mrs. Young at the York Theatre with Mr. Mintoft and her brother. He recollected driving with Mr. Strangways from Wickley to Alne. They got back about half-past 11. They remained talking until nearly 12. Mr. Mintoft then left the Vicar's house. It was not the same night that he had seen him at the theatre. He did not see who let him out. He recollected another occasion when he had two ponies at the Blue Bell in 1898. That year he went to Klondyke. As he was going to the Blue Bell he saw a light in the Vicar's house. When he came back he found lights burning. He went into the Vicar's garden and he saw

A MAN GET OUT OF THE WINDOW.

He could not swear who it was, but he thought it was Mintoft. That was in 1898. He had frequently seen Mintoft and Mrs. Young in each other's company. He had had words with Mintoft in March, 1897. Mrs. Young's name cropped up. The next morning he met Mrs. Young, and she "cut him dead." He had seen Mrs. Young and Mintoft at Harrogate going into the hotel there. Mr. Young at one time used to visit their house, and his sister at one time used to visit at the Vicarage.

In cross-examination by Sir E. Clarke, the witness said that at Harrogate he saw Mintoft and Mrs. Young in the show ground together, as well as in the hotel. He could not say when Miss. Burton (his sister) ceased to go by the Vicarage.

By Mr. Deane: He had come home from abroad to defend his sister's honour.

This was the case for the petitioner.

RESPONDENT IN THE BOX

Mrs. Sarah Elizabeth Young, respondent, said that she was married to the petitioner in 1891, and she had three children. In 1894 her father bought the advowson at Alne, and the following year they went to reside there. She lived with her husband until August 10, 1898, when she left him and went to reside, with her children, at her father's house, at Halifax. Before she went to Alne she had to complain of her husband's attentions to ladies. At Alne they made the acquaintance of Mr. And Mrs. Mintoft, and in the first instance Mr. Mintoft and her husband became great friends. With regard to the night of December 15, 1895, Mr. Young had invited Mr. Mintoft to supper, and afterwards they all three went into the study. About half-past nine Mr. Young said he was going to see Squire Strangways, and that he would be back directly, and he pressed Mr. Mintoft particularly to stay. When Mr. Young returned to the house she was with Mr. Mintoft in the study, and there was a distance of four or five yards between them. Mr. Mintoft was smoking. Mr. Young was away for nearly an hour. Is it true that either you or Mr. Mintoft got up and drew the blind down? No; it was already down. Before Mr. Young came into the room I got up to get Mr. Mintoft some whisky and water. He put up his hand to stop me pouring out the whisky, because he did not want any more.

As you were in that position, what happened? Mr. Young rushed into the room, and at once began shouting and accusing Mr. Mintoft and myself.

What did he say? He said I had been misconducting myself, and that I had been sitting on Mr. Mintoft's knee and kissing him. Mr. Mintoft got up and said, "Mr. Young, you're a liar." I said it was absolutely untrue. Mr. Young was in a frightful temper, and used some strong language. He swore a great deal.

Did he repeat the accusation against you? Yes; two or three times. He called Mr. Mintoft "a joiner" and "a low, diseased fellow." And threatened to tell my father.

Was there a knife used? - My husband got hold of a large knife, which was lying on the table, and began to cut up some tobacco with it. We went on talking together for about an hour.

Examination continued: She never said to Mr. Mintoft before her husband came into the room, "Oh, no; it's all right. He never suspects anything." Mr. Mintoft never said to her, "Come here," or put his arm round her, or pulled her towards him. She did not scream out, or say there was nothing wrong. She simply denied the charge he made against her. It was not true she said she "was awfully sorry, and that she would never do it again." She had never said that she was only kissing Mr. Mintoft.

Is there a word of truth in the suggestion that you were guilty of any impropriety of conduct on that occasion? - Not a word of truth in it. - Where did your husband sleep that night? - With me. - Replying to the President, she said that after that night he never occupied the same room with her.

MISS BURTON'S VISITS

Mrs. Young gave evidence as to the visits of Miss. Burton to the vicarage in 1895 and 1896. Witness became suspicious, as her husband and the intervener were for hours together in the study. In 1896 the petitioner put up transparencies on the lower half of the window, making it impossible for anyone to look in. On March 28, 1897 (a Sunday) in the afternoon, Miss Burton visited the vicarage after Sunday school, and went into the study where Mr. Young was. Some little time afterwards witness went there, and saw Miss. Burton in a low wicker chair with her back to the door, and Mr. Young was kneeling down in front of her. Witness said, "I think I had better leave you," and walked out of the room. Miss. Burton almost immediately left the house, and witness had never spoken to her nor seen her in her house since. Witness then described how she found out that her husband had been to Brussels in July, 1898.

Cross-examined by Mr. Inderwick on the study incident, the chair was the same in which Mr. Mintoft had sat on the occasion when her husband said he had caught her.

Further cross-examined, she said she once met Mintoft in Piccadilly, and went to the Alhambra, where they saw Mr. Strangways. She suggested that her husband may have made a mistake when he said she was sitting on Mintoft's knee. Her husband never consented to her meeting Mintoft on the same terms as formerly. She wanted to consult Mintoft about these proceedings. - The hearing was adjourned.

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