The Express.
London, England, 1862-07-04 00:00:00

THE YELVEBTON MARRIAGE CASE.

In the Court of Session at Edinburgh, yester-
day, Lord ArdmiDen gave judgment in favour of Major'
Yelverton, deciding that there was no Scotch marriage.
In the action of &aerator by Mrs. (Longeorth) Yelverton,
he finds that the pursuer has not proved that she is the
wife of the defasisr, and he eiwoilises the defender. la
the action of declaration of freedom, &c., by Major Yelver-
; ton, he declares against the defender, and finds Major Yel-
-1 vertou eutithxl to costa

The oobabition which the law requires (said his lordship)
must be such cohabitation as husband sad wife as create. •
general belief of marriage. The consorting with the view
to concubinage, under colour of professed marriage, is not
the cohabitation which law requires. It must be
open and avowed cohabitation, as in the relation of
husband and wife. The using a false name, and
especially the use of a maiden name, is most
unfavourable to the plea of cohabitation. Besides, •
divided repute, or • limited repute confined to • narrow
ephere,while elsewhere an opposite repute exists, is not suffi.
dent. In this case, apart from the mere colour, assumed to
escape scandal and procure admission to lodgings and hotels,
there has been no habit and repute at all. The cohabita-
tion of the parties, such es it was, did not waste • general
belief in their marriage. There was no such general belief ;
neither relatives, nor friends, nor neighbours seriously
believed, as the result of open conjugal cohabitation, that
these parties were husband and wife.

The Lord Ordinary has now explained the grounds on
which he is of opinion that the pursuer's pleas are not well
founded. The award of expenses to the successful party is
in accordance with the general rule and practice of the
court. This judgment has been reached after much
anxiety and not without sympathy for the led fate of the
pursuer ; but with a clear conviction that it is according to
the truth of the case. For the conduct of the defender
there can be no excuse. But he was not the seeker, the
' seducer, or the betrayer of the pursuer. The story of
the punier—her charms, her talent, her misfortune—

even the intense and persevering devotedness of the
passion by which she was impelled—must excite interest,
pity, and sympathy. But she was no mere girl—no
simpleton—no stranger to the ways of the world—no victim
to insidious arta. She was not deceived. She fell with
her own consent. Applying to the ascertained facts the
rules of the Scottish law of marriage, the Lord Ordinary
has found it impossible to arrive at any other conclusion
than that the pursuer has not instructed that she is the
awful wife of Major Yelverton.

Thia decision will be reclaimed to the Inner House of
the Court of Sesidom

WEATHER REPORT.-{THIS DAY.)

FRIDAY, JOLT ♦, I ♦IL

&R.N. D. F.O.L &&
--- -- -
N -max. Hit 116 61 B.W. ar 0.12
liamonis 29.01 68 49 W.N.W. 4r 0.07
Loom -
Hamm . -
Waosau2 2974 H 11 N.W. o -
P0@9069..„ 26.76 68 62 W. b
GALWAY -
VHariu -
Cionsirow 19.90 62 68 N. b -
- - -
1101.11111A1) SAM 66 U W.9.W. 1 b 2
11211271.636 - 3
Flieweco - 3
FuNOOl22 UM 87 114 Z. 9 lir 0.16 1
JWZV 29.89 OS I 9 W.S.W. 0 4, - 3
toenail).
roaranoo99 26.91 SI 64 W. 4 Or 0.47 2
Dov 33 - 0.89 2
Loom 29.61 63 60 &W. 7 or Oil -
YA11201772 - 2
80619014099 22.77 64 61 W.N.W. 3 6 - 1
Maas 29.74 66 62 W.N.W. 6 0 - 2
1111U0OL69D 29.77 66 63 W.N.W. 4 r 920 2

SATURDAY. lUSDAY.
W. to N. and to N.L, DOWLARD. N.N.L to LB.L, mo-
bah, One. rata, fine.
Aa above. N.L to B.IL, moderate.
W.N.W. to N.N E., W. CIRTIAL. Variable, fine.
moderate, One.
W.B.W. to N.N.W.. B.W.ltgoutin. N.N.W. to E.N.L sad
fresh to light. to 8.E., light, One.
W.N.W. to N.N.L and 8. &EXCLAIM. N. to E., moderate.
to LS.L, moderate.
N. W. to N.L, fresh, E. COAIL N.N E. to lAA, light
fine. to moderate, Ina

The Stamford Mercury says :—" As Sir John
Trollope was proceeding e• Monday last in a posy phaton
to Bourn, for the purpose of attending the sessions, the
animal (a spirited one) shied off the road soon after passing
through Gretford, upsetting the vehicle into a dyke, and
throwing out the hon. baronet and his servant. We are
glad to be able to state that neither unstained any serious
injury, though the shaking from the fall caused Sir John to
walk rather lame ; he, however, presided over she sessions,
and at the close of the business he proceeded to London."

Sir Thomas Whichcote, Bart., has sailed from
Grimaby in his fine yacht the Enchantress, fora tour up the
Baltic. He is accompanied by CoL Reeve, the Hoe. Coot
Forester, the Hoe. Mr. Selwyn, kc.

The Emperor and EMPrese of the French are
expected to return in • few days to St. Cloud. The order
has arrived to close the ap•rtmeote usually shown to the
public from the Ist of July until further orders.

Among the addresses lately presented by the
French legitimists to the ex-Queen of Naples, is one
which says that she only wants "one flower to her crown—
maternity. May it be given us to admire in you the mode
of mothers! May you add new links to the long chain of
kings whom God in His mercy has granted for the care of
His church sod the happiness of the people. New branch
of Castile,—may you give birth to a *Moe, the heir of
1 the virtues of St. Louis, and of his worthy descendant,
Francis II !"

At the Paris sale of Lord Pembroke's furniture on
Tuesday a set of 12 small cups in old Sevres brought 730 fr.;
19 cups of a different pattern, 950(r.; two °momenta for the
chininey-pieos to hold matches, 1,250 fr.; a travelling time-
piece, of the size of a closed hand, 1,725 fr.; two small vases
Mold Sines porcelain, 6,275 fr.; two paper weights, 1,325 f r.;
two Sevres vases, mounted in bronze, 3,0001 r.; two flower
miss in Sevres, 7,803 fr.; two Oaladoo vases, 1,135 fr.; two
Japan vases,3,47sfr.; two China vases, bright crimson colour,
5,225 fr.; two small Sevres vases, 8,30 fr.; a service of 60
pieces, with filagree edges, 1,255 fr.; two small vases of old
Sevres, 14,7501 r.; • round table in Sevres porcelain, the
lower part in braise, 8.800 fr.; two large mess in China
porcelain, white ground, 4,5501 r.; • service of 94 pieces,
3,800 f r.; two lamps, 2,4001 r.; • service in old &Tres porce-
lain. bat with modern ornamentation, 1,4501 r.

The Abeilie de Chdenounie says :—" The first
ascent of Moot Blanc this year has just been effected. It
was made on the 28th June, by Mr. Matthews and Mr. Mac-
donald, members of the Alpine Club in London, and was
perfectly siceessful, although the want of consistence in
the snow his always formed a serious obstacle at this season
of the year. In the history of the ascents of Mont Blanc,
this is only the second that has been made in June. The
fint was on the 19th June, 1819, by two Americans, named
Howard and Reuther, who are both still alive."

The People's Gazette of Berlin has the following
curious paragraph :—" :deny protestant clergymen in Ger-
many having complained that persons of both sexes are in
the habit of sleeping during the sermon, a new plan has
been adopted to keep them awake. The beadles, furnished
with long wands, keep moving about the church and lightly
touch those whom they catch napping. This plan has been
already tried with success in the duchy of fiaxe-Goths.'
The men and women in the province of Vitebsk,
in Russia, having recently commenced wearing Polish coats
and cape as well as brooches and other ornaments, expres•
sive of their sympathy for the Poles, the chief of the go-
vernment of Vitebsk has issued An order prohibiting the
use of such articles, under pain of judicial proceedings.

. . .
The Chamber of Deputies at Bucharest has
passed a note of sympathy on the assassination of the Prime
Minister of the Two Principalities, and opened a credit for
the erection of a monument to his memory. Priori. Cosa
his addressed a letter of condolence to Madame Catardgi.

No American mail, sent from New York to
Colifcrnia by the 'overland route, after the 20th of March
last, has reached St. Joseph, owing to the hostilities of the
Indians. The latter have stolen all the stock of the Over.
land Mail Company. Troops have been mut to protect the
route. On the Zird of April the American Post-ollim
Department ordered all mails back to New York to go by
steamers until matters became settled.

St. Croix, to which the Danish government has
offered to remove a number of the black freed men of the
United States, is • small West India island, twenty-four
miles in length and nine in breadth, and contains 4,000
white inh►bitants. It is highly cultivated, but its cultiva-
tion may be greatly extended. It is in great want of me-
chanics, especially those capablis of constructing vessels, ship-
yards, deck; and railways. Its products coesiat of sugar.
cotton, coffee, gisger, pimento, cocoa, drugs, tobacco, fruit.,
&c. The sugar production mostly reappears abroad in the
shape of what ia celled " Old Santa Cruz."