THE YELVERTON MARRIAGE. (FROM THE "SUN.")

Daily Southern Cross, Volume XVIII, Issue 1630, 11 October 1862, Page 4

THE YELVERTON MARRI AGE. (FROM THE "SUN." )

Tin Hon Alia Yeheiton in Ii eland. MissLonrrwoith m Ncotlind lias at least one consolation, the \eidict of the public While* ci hoi failings, whntevei her depailme fiom conventional piopiieties in the peiiod commonh dc-i»nated courtshin, they aib all assigned l>\ a cjaicious and sympathising public to tlieii tine taiise, m o\pipoueiin<£ ])a-sion foi a man whose own eudenco of his intention-, c\civ otlici man Ins lead with ili«rriisb and lepiobation Tf the feminine enthusiasm of m aidont mind foi .1 man who would ha\e abused it if ho could, who, acooidincf to his own nc count did ultnmttly abuse if, cm ltd lie 1 too fai in m imit'i 01 laiimi.mu, the public can nr-\ er foi gtt the M ijoi'b own evidence in a couit of justice It is. snid bv tho o,hei Mile ti«it she was not r meie gnl, hut we have vt to le.am tint a uom m of hiijh povei*, of cronius wo mi v "=ay, is not often as much tin \ichm of the =c ntiincnts kindled b\ inia<:iin'ioii at nine and tuontv a-, women tfonei illy aie .it nineteen Indeed, wt fi iiiUU acknowledge that "=o, weikl^ ptiliip" do weshuethi popul n f< elniLT tli it we find it not ea<-\ to in mitun tht, judicial lmputialitj at which a jouin that should aim The Seotcli jud^o appaientU has no such difficulty. lli> s\mpithics aio to 3«il«c by his 10115 note on his decision, all the othei wav Of com so his mtegiity as a judsy is abo\e all suspicion, but Scotch judges, are as lnlile to picdomi latinir mipiesMous, .uid to uncoil 1011s bias, as othei mm, and most unaccountably to Englishmen and liishmen Lord Aidimllan thioiiehout his loi r. note seems to «e<3 e\et vthms; 111 tho hidit most fa\om ihlo to tho Majoi, and most unf/uomahle to the \ielnn of hii conduct Tt i" impossible, whilo \< adimr his note not to feel omsel\es m the hands of 111 id\oc.ite of AJ.ijoi Veheiton's cniibe, foi the juilko cinnot d< fend the Jlijni himself, ami 111 tho«c of an opponent of .Mi-. VJiuton We ni.i\ l>e quite confident the f ict was not so if \>o weic at hbeitv to suppose unoouscious moti\es, we should "-V, tht. judge had is nun h difficulty 111 foiacttinj,' the Majoi s connection v i(h the |ioeiage, and his niaimge with tho widow of an eminent and not penniless Scotch professoi as we should ha\e in lepicssmc; sj inpatliy with a de"])U wionq;cd and lnteiestiii" woman His LoicNlnp, we li.i-\e no doubt, weighed the e\idence, so fai is intention went, with the utmost impntiaht\ , 3'et it ])ciple\es us to conctnc what induced him m oveij cisc of confheti'it, <-t<itiinent to In *o miiili moil stiess on the jMijoi's testimony thin onthat 0/ his wife— foi wife in must (all hoi Ke had as much at st-\Ke ,a« a man as -he ln<l ■»«• a nomiii to bus his lepio&entations, and no one will contend that his iltnuit'o <&\c his oNplunHoi's .and statements 111010 ihim to ciulenc" thin hoi's Wo do not 10 memlioi that in the whole com so of hoi e\amination ) 01 111 an\ (MiUnoe lulling, on hti she has been comiotul of any appiouh to .1 f.il«elmoil While in ie£(iid to th' IMnjoi we h.a^e his o\ i> .isMihon, that at the alfai of God, in a house of lohrjiou-. \\oi-ln|) he sol iiinls used woids whuh, hosa\s he knew at t lie tune to lie Miituw With tins .u know lodged fact ><_ liiisfc him, with nothing pnalkl at, 1111 st hei, we should be m< lined to ie\eise Loid Aidmillins couise ITc, <Si nei dh ap|ioais to iccopfc the Main's uncoiio!)oi.atcd stitements — while he, on the oth< 1 hand, .ijipoai-, to suspect tho^e of Ins wife unless conoboiated Yet tho jud','o sa\s )f this man, whose woid he so leadily takes .'• '|'|| it tho woids lie utten d it the alt 11 weic i/itcnlumalh) untiue, and tint the whok pioceedim,' in tho cliapd w 1 an empty foim md a meie mockeiy ' The p.uli;e .lckiiouledijod that it was sad that the plea could lie 111 imt uned tint the manure by the Catholu pnesfc should be null and \oul — and -acWci still th.it "theio w is too much leason foi bclie\ini> tint the jilea was Kiimdid 111 fut " Yet he easily Iklil\cs the man who confesses to uttiini!^ untiuths Ik foi o the Almighty, when it unled his pm poH 1 , and is -lou to believe the woman on wliom not a single untiuth is chased ll his stall uion t of the Scotch hx\ of 111 inhere he ntflitlv applied to the evidence 111 this (.t-o, it will place Mis Ycheitou in a donblv pmifiil position since it v ill show that she conhl nofc bebe\e hei^elf to be mm led le mIU at the time she h\ul with M.ajoi Yclveiton as his wife 111 Tiel.ind, shoitlv 111101 to the maina<re bv the Citholic Pi list at Rosticuoi ; .and it will thuiu the uhok wtiL'ht of hci case upon the liis.hin.un.mo Tint nnunae she leijai'lid as not onl) lequisite to sTtisf> hei conscience, .as 11 Catholic, but as. a vilid le" 1 111.11 n.i^i 11 — -th'it it onuht to be =0 tin to can bo little doubt \n lu«hjMn/ found that it wis so. but is its \alidit\ tm 11s on tho question whetlici the j\[.ijoi was a Human C ithobo twdveinontlis p 101 to that maiiiaire, we fe.u tlioTnsh \ei dut on this point cumot stand Tho In-h judges, 111 discussin" tho c\i t jitions on Monday, seemed to h.ne no douht on that point '1 hey had no powev to disUub the \cidict of the juiv on a inattn of fact, hut it vis nineed that jnofessinuf hinrdf, even to the pi lost, a Pttttcstunl C ithohe, he could not lo 1111diistond, cv< 11 then, to be .1 L'ltholic 111 the sen^e of the stilute, but lathei to use Linijinno proxinir the \d\ ie\piso On this point the Tn-h C'huf Justice idmitlid tli it ho hid not dllectod thonm. The iuki\iil\ of tin la'\ \ huh 111.1 .( simsod 111 1111 iuos null md \md is »U uh d b\ no one -I\i n jud'ji i>'i tlio bench cumot conu'il then le^iot ihatsiuhan infamous statute, should still sm \ive Jud^mg by the conduct of tho Houfbo of Common'!, under tho ecclesiastical

leadership of Mr. Dissaeli, it is likely to suivive long enough, Toryism having staked it 1 ! evislenco on the pjiprtuation of bigoted laws and Chinch abuses. The law, however, ib, that unless Major Yelverton had been n Catholic twelve months puor to t'le maiiiage ou the 15th of August, 1857. by Mr. Moonoy, the Catholic priest, all the Alajoi's "intention.il untiuths" uttered towauls the Most High will not make him the legal husband of the woman he then engaged to take as his wife. It would not hinder him fiom casting oil* the woman who was his wife m tho sight of God, and marrying another and richer woman, if one could lip found to unite herself, according to the laws of man, with a husband who was another's by the laws of God. Doubtlesi, however, the Major took good caie that the subject of his second marriage should have no idea of the solemnly binding contract into which he had entered with the first. Every one will by this time have made up their minds on the moial position ol the two parties — and few, we imagine, will doubt that, whatever the legal result — which must be finally settled in England — the lady who was Miss Lonsjwoith is morally and religiously the tiue Mrs. Yelvertoii. We appiehend all, in leahty, will turn ujxni the Scotch marriage. As thmga now stand, the same lady is Miss Longworth in Scotland and Mrs. Yelverton in Ireland. Each party will of course appeal, and we see little chance of the lush mairiage being maintained under the existing statute. In Scotland, if Lord Ardmillan be right, she will have little chance also there ; aud then, probably, the English House of. Lords will have to review the whole proceedings. One common mistake has been dispelled by Lord Ardmillan's statement v,f the Scottish law. It was a common notion that tho mo>t thoughtless expressions relating to mariuge Addressed to a womau, might, if accepted by her, coubtitute a valid engagement. The judge assures us thau such is not the case. The law lequiivs " sufficient proof of mutual consent deliberately expressed." It has been laid down that "it must be a dehbeiatc »nd genuine uiatiimonial consent. It must not be a matter of mere sport or jest , it must not be a mere colour for serving some non-vnatnmonial purpose ; or a cover and blind to conceal something which the. parties, themselves tmly know not to be matrimony." The only regular mode of giving such consent is in facie ecclesiue ; but seveial other modes are a legal marnage — as Ist Marriage by the inte'.chauge of consent, deproaenti Sndly Mariiage by promise, subsequent* copula. 3idly Mairiage bj' cohabitation as husband and wife, aud habit and lepute. On the alleged marnage by these modes, Mia Yelveitou ot li eland, Miss Longwoith of bcotland, will now appeal to a higher Scottish Couit.