THE YELVERTON CASE.

Otago Witness, Issue 665, 27 August 1864, Page 19

THE YELVERTON CASE.

(From the Home News.)

YELVHRTON V. LOXGWORTH (OR YEL-

VERTON.) This most important appeal from the Scotch Court of Session has come on for hearing in the House of Lords before the Lord Chancellor and Lords Brougham, Wensleydale, Chelmsford, and Kingsdown. Mr Rolt, Mr Anderson, Sir H. Cairns, and Mr W. A. Clarke appeared for the appellant, and the Attorney- General, the Lord Advocate, the Queen's Advocate, Mr Whiteside, Mr Pope Hennessy, Mr Downing Bruce, and Mr Smith represented the respondent. The romantic story of the case, the position of the appellant, the admitted talents and accomplishments of the respondent, the important question of law involved, and the excitement it has caused in the two sister countries, all lend this appeal an attraction which has rarely been equalled in our courts of law. Each day the House has been much crowded by members of the bar and the public, and the presence of several peers. As the arguments iv this matter will extend over several days, and at their conclusion the judgment of the House of Lords may not probably be deferred, ■we will briefly remind our readers of the main points which have been raised for decision : — For upwards of three years have the two individuals concerned fruitlessly endeavored to obtain from some legal tribunal a definitive declaration of their being, or not being, roan and wife. In the first instance the issue was raised by a gentleman bringing an action in the Irish Court of Common Pleas against Major Yelverton to recover the value of necessaries supplied to a lady alleged to be the defendant's wife. The defendant denied the allegation, aud thus raised the issue of the marriage. In support of the plaintiff's claim it was proved that Major Yelverton and Miss Longworth "were married by a Roman Catholic priest in a public chapel in the presence of witnesses. The jury found a verdict for the plaintiff; but subsequently, on a motion to set aside the verdict, the court were divided in opinion in respect to the validity of the marriage celebrated by the Roman Catholic priest. But the lady did not rest her claims to the honorable title of wife en this ceremony alone ; she had also, she alleged, been married to Major Yelverton in Scotland in accordance with Scotch law. As this, however, was also denied by the gallant major, she instituted in the Scotch court a suit with the view of having it formally declared that she was his lawful wife, founding her claim on a variety of grounds. Major Yelverton pleaded a denial of the averments and of their legal consequences ; and at the termination of j the suit the Lord Ordinary pronounced judgment in bis favor and dismissed the lady's claim. From this decision she appealed, however, to the Court of Session, and by it the judgment of the Lord Ordinary was reversed. In the present instance Major Yelverten is the appellant ; and he now calls upon the House ot Lords — the final court of appeal in the kingdom — to reverse the decision of the Scotch Court of Session, and to pronounce his connection with Theresa Longworth to have been nothing else than concubinage. These are the issues which are now sub' mitted to the highest tribunal in the realm, and which, after so long a delay, will now be finally decided. — The argument for the appellant waa commenced on 3rd June, by Mr Rolt, Q.C., who occupied the court during five days in reading numerous letters and copies of depositions made at the previous legal investigations, and explaining his views on the marriage laws of Scotland. He terminated his lengthened argument on the 10th of June, and, in summing up, contended that in none of the correspondence was there any proof of a contract, or even promise of marriage. Sir Hugh Cairns followed on the same side in an elaborate address, ■which was not concluded till the 13th. On the following day the case for Mrs Longworth-Yelverton was opened by the Attorney- General, who argued that all the facts and letters pointed to this — that there had been a marriage in Scotland "which the lady would not " consider valid until it had been blessed by a priest of her own church. At the conclusion of the Attorney-General's address on June 21, the Lord Advocate followed on the same side. He proceeded at great length to go through the evidence and correspondence, to show that all through the correspondence Major Yelverton had expressed \ himself in a way that showed most clearly that he had made the promise in Edinburgh, and had done "all that he had promised" by the marriage in Ireland, At the conclusion of his speech on the evening of June 24, the court adjourned to a future day, when Mr Rolt will reply, and then the case will await the decision of their lordships. It is as yet too early even to hazard a guess at the probable result of this appeal, but the general impression among lawyers is that the result will be against the appellant, Major Yelverton. Be the final issue, how-

ever, what it may, there cannot be any difference of opinion as to the conduct of Major Yelverton, who is said to be at present in Australia.