DUCHESS GRANTED A DECREE.

The petition of the Duchess of Marlborough for a divorce from the Duke came before Mr. Justice Morridge in the Divorce Court yesterday. The proceedings, which followed a restitution order granted last March, were of a very formal character and did not last half an hour. Neither the Duke nor the Duchess appeared, although the former had put in an answer formally denying the charges. The Duchess was too unwell to be present, and her evidence had been taken on commission.

Considerable public interest was taken in the case, and many persons were unable to get into the crowded court. Outside the Law Courts a crowd gathered in the hope of seeing the distinguished parties, but they were disappointed. In the cause list the parties were described as “Consuelo SpencerChurchill, Duchess of Marlborough v. Charles Richard John Spencer-churchill, Duke of Marlborough.”

Sir Edward Carson KC, in opening the case, said the facts could be briefly stated. The petitioner, who was an American subject by birth, was married to the present Duke of Marlborough on Nov. 6, 1895, in New York, and after the marriage they came to this country and lived at Blenheim Palace and other places. There were two children of the issue, the present Marquis of Blandford, born in 1897, and Lord Ivor Spencer-churchill, born in 1898, so that both were now of age. In 1907, in consequence of differences that arose between the Duchess and the Duke, there was a separation of the parties and a deed was executed on Jan. 13, 1907 – a separation deed, which made provision as to the custody of the children and their education, and various matters of that kind. The parties, although separated, occasionally met with a view to bringing up the children and matters concerning their education. The youngest child came of age in October, 1919, and there ensued correspondence regarding the children, as the separation deed was no longer effective with regard to them, and there were negotiations for renewing the-deed.

While that correspondence was going on, on Nov. 17, 1919, the Duke wrote the following letter to the Duchess: May I come to see you for half an hour any day convenient to you? I wish to discuss something about the boys with you, which it is preferable to do verbally than by letter.

That letter, said counsel, was put in the restitution suit in March last. The result of that letter was that the parties met together, and, they agreed to live together, as the children had then grown up, and they thought they might be able to agree when they came together, as they did. On Nov. 27 a new deed was executed revoking the deed of July 13, 1907. That deed merely made provision for allowances to the sons, who had both come of age. They lived together until Dec. 15, 1919 – not a very long period – and on that day the Duke went off, leaving the following letter to the Duchess:

We have tried our best to mend the past and start life afresh. I fear after the long period of our separation – now upwards of twelve years – we have grown too far apart to live happily together again. I appreciate all you have tried to do during our reunion, but I am now convinced it is impossible. – Believe me, yours ---.

The Duchess replied: I wish you had spoken to me. It seems a pity that we came together again only for everything to end like this. Mr. Justice Horridge granted a decree nisi, with costs.