The Express.
London, England, 1861-02-27 00:00:00

THE YELVERTON MAERL4GE CASE.

COURT OF COMMON PLEAS, DUBLIN.
(Before Chief Justice Monahan and a Special Jury.)
(Continued from yesterday's Jearvan)

The Rev. Bernard Mooney was swam and Mr. White-
side proceeded to eumine him. You are • catholic clergy-
man. and the parish priest of Rilbrooey you
know Major Yelverton and Wm, Yelveetou ? I do.—How
loog is it since you saw Major Yelvertoo ? I sew him some
time in August, 1858. I saw him first when he and In.
Yelverton appeared before me in the chapel of Kilbrooey
I saw him secondly in the end of May or beginning of
dime, 1858, in a carriage with Mr. Deuvir, at Warren-
point ; and the next time I saw him was wheu he
was 'brought before me to be identified by me.
Mr. Deovir, of Newry, is an attorney. Did
you see Major Yelvertou a second time that slay ? I
did, at the hoteL —Who were present? Major Yelvereen
and Mr. Denvir.—How long were you there? Not very
long.—You signed nothing? I signed nothing there or any.
where else.—When did you first see Mn. Yelvectoli ? Some
time previously to the 16th August, 1857 ; I don't remem-
ber the day of the weak.—Did you take her to the bishop
of your diocese? I went with her.—Did you and she see the
bishop? We did.—What day of the week was that ? I
cannot nay.—Had you her and a gentleman with her on •
festival day in your okarth—thefestival of the Assumption?
Yea, that was • holiday.—Wee high mass in your chapel on
that day ? Then was never high mass in that church once
I came there ; there um low urn on that day.—Did they
both corns into the chapel? They did.—And were you at
the altar? I was in the side rails of the altar. May Ibe
allowed, my lord—
Mr. Whiteside—Not yet. Did they kneel down before
your? They did.—Did they consent to be man and wife in
you presence?
Yr. Brenseter objected he tide qualion.
Mr. Whieende—Did you air the mea whether be would
take the woman to be his wife, and did you ask the woman
would • she take the man to be her busload ? I asked him
first as respected his religion.
Mr. Whiteside—l will come to that in a moment. Did
you ask the marl would he take the woman to be his wife,
and the woman, would she take the man to be her husband,
and did they agree to it? Yee.—Was there a piece of money
produced? I have no knowledge of a piece of money having
been s:med.—Was there a ring produced? I have 10
know of seeing a ring, more than when I was giving a
short ex °dation after they had given their unseat I
looked down and saw him having his hand on her finger.—
tutting the ring on her finger—come now ? Holding the
nate. Brewster—l object to this mode of direct examination.
Mr. Whiteside—What did you see him do with the ring?
I saw him just turning his fingers round on her fingem—
Did you ever see • wedding rig put on a finger before?
I did, often enough.—Did you pronounce the benediction?
I pronounced no benediction.—Had you conversed with
the lady several times before you saw her kneeling at the
altar? I convened with her on two previous oocasiona,
and on the first occasion she told me—
Mr. Whiteside--I only asked you that question. Did you
ascertain that she was a Rama catholic ? I did.—Did she
go to confession ? That is what I will not answer.
Mr. Whiteside--Very good. I don't want to press you
at all.
Chief Jostiee—As I understand, you are not asked what
she stated in coatimisa.
Witness—But I won't answer anything in respect of con-
feree).
Mr. Whiteside—l don't at all wish to press it. Before
Major Yelverton knelt down and agreed to be her bus-
bend, and put the ring on her Anger, did you oak him
or her any quietism, such as " Are you free to many r
I did not put the words " free to marry " him.—Did you
put questions of that sort to them ? The question I put
to him was, what was his religious belief.— What was his
reply ? He said I am not much of anything. I asked
him what did be mean by that, and I said,
" Are you • Roman catholic r " I am not," be
said. " What are you .^ I said, and then the lady said,
" Don't mind. He is not confirmed yet. He went with
me frequently to places of catholic worship, bat he is not
confirmed yet." Dial," What are your and he said, " I
am a protestant catholic." It wee before he said this that
she interposed.—Are runnel the word "catholic" was used?
I am sure.—Are you sure it was used by him ? I am.—And
you are sure it was used by her? I had seethe least doubted
her being acatholie.—Was it after that you pit the question,
"Wilt thou take this woman to be thy wife?" Allow me to
tell-- Answer &Monett after what you have stated
that they agreed to be husband and wife ? Yee ; they
to he husband and wife. —At the altar after that? agreed
e .
And you were within the raids? I was.—Are you sure the
word " catholic" was need ? I ant.—Are you also sure the
word " protestant" was used? Pretense* catholic.—But
" protestant" was used? It was.
' Chief Justice—Mrs. Yelvertou was standing sufficiently
near to hear everythieg that mewed? Yes.
Mr. Whiteside—We know what a protestant means in
this country ; but what is that nocogrel thing called •
protestant catholic? Have you anything like It down is
year pan el the country? I belierre—l ask did you ever
meet a more of that particular religion before ? I heard
--
lam not asking what you heard. Did you ever meet
a man that gave you such an answer as that ? I never did.—
Did you get your fee ?—As the lady was leaving the church
the turned back and gave me two notes. I asked what that
was for! She said, * For you." They were two notes of
ad. each.— Was one of them for the bishop? Not at &IL
Nor did she over say so.—Did the gentleman appear to you
to be a military gentleman ? He was drained in plain
clothes—Did be speak audibly and distinctly as you bid
him? He did, audibly and distinctly.—He repeated the
words in the language of the ritual of the church ? I re-
the words before him, in order to enable
him kd
to do en. I said the words from memory,
and he repeated them distinctly after me.—lineel-
ing at the altar? Yes.—And she by his aide, kneel-
ing at the altar? Yes.—And you married them? I re-
sewed the coesest that was given in the Scotch marriage.
I did not marry them, it was solely to remove
Mr. Whiteside-1 object to this gentleman giving that
answer. I object to any one, if he were the Archbishop of
Canterbury, even ; tell us what • marriage is. If he goes
through the form, it is for your lordship to decide what
it is. Dill you say to Mr. M'Farlans that you married two
Roman catholic; on the 15th August? I remember a
gentleman calling on me in respect of this marrriage, and I
told him— I askyou whetheryou told &gentleman who was
with Mr. Bellamy that you had celebrated a marriage ce-
remony! They asked me, and I said I did not do so.
Did you say to them that you had married two catho-
lic*? I did not.—Did you say they appeared before you"'
catholic* on that occasion? I did not. I told them they
appeared before me as man and wife, from • previous
marriage in Scotland, and that I received the consent.—thin
your oath, did you tell these gentlemen that the two per-
ems that came before you appeared before you as catho-
lic*? I don't remember any such thing.—Will you swear
that you did not? I will swear 1 have no knowledge of it.—
Will you swear you did not say it ?-1 will swear I don't
remember. But you won't swear positively. Do you know
a Mr. W. Burroughs in your neighbourhood !—I do. Did
you state in his presence that no trouble could come on you,
for that the two persons you married declared themselves
to be catholic* ?—I don't remember stating that to him. if
he swore you did may that, would youbelieve him ?—I would
say certainly that I have no recollection that lever told him.
Did any one say anything to you about • prosecution?—Yes.
Did Mr. Denny, the attorney?—No. Did you say, if any
one did speak to you on that subject, that no prosecution
could be maintained, for that the two persona that came
before you appeared as catholic' ?—I did not my it to any-
body I remember. But you can't gay you did not say
so?—Not that I remember. You sent that certificate now
produced?—Yea And directed the letter to Madame
Yelverton with your own hand ?—I did not. Neither
the certificate nor the letter was written by me,
but by my directions. Who wrote them?—My curate.
By your authority ? Yee.—And with your knowledge and
anent? Yes.—Now you may go down, sir, I have nothing
more to ask you.
Croes-examined by Mr. Brewster—An officer of the court
in Scotland was sent for me, and I was examined as a
witness before the Procurator Final ; 1 tow the lady some
days before I saw Major Yelverton, and I went with her to
the bishop ; I never saw her produce any paper or deco.
meat. Did she not tell you that the gentleman was
a protestant ! She told me that she contracted a mar-
riage.—I am now asking you in reference to a conversation,
not of • religious character. Upon your oath did she not
tell you the gentleman was a protestant ?—She did. In
reference to the ceremony you did perform, is there not,
according to the rule of your church, a peculiar dress to be
worn by the clergyman at the celebration of a marriage?
Mr. Whiteside—l object to that ;if it were a sack he
wore on his head it makes no matter when be marries a
person in church.
Chief Justice—That is not the reason why the question
should not be asked.
Mr. Whiteside--Does the reality of the marriage depend
on the cut of his coat ?
Chief Justice—What way were you dreamed when cele-
brating the ceremony—whatever you call it 7-1 wore •
soutane.
Mr. Brewster—Wu that all the clerical dries you had
on? That was aIL —Was then any other person in the
church but you and the two when this ceremony was per-
formed? No one, to my knowledge. Betty Brennan, the
woman who has charge of the chapel, was in the vestry,
but did not witness it, to my knowledge.
Mr. Brewster—Was Richard Sloane in the chapel on
that day? He was trot, to my knowledge ; it was expressly
agreed upon between Mn. Yelvertou and myself that no
person was to De present lest the secret might be exposed.
A Juror (Mr. Long)—What was the secret?
Wituese—The secret was that the family were pro-

- --•
telegram from Cork yesterday states that • fire broke out I ketonic
that morn*: on the premises of Yr. Loog. publican, 42, A Juror—l want to know what was the secret.
Old George•treet. Seven of the iodates were Inwood to Chief Justice—Yon say it was agreed that there should be
death. An explosion of ps was supposed to be the origin nobody in the chapel at the time f Last the secret should
of the Ara be exposed.

Chief Justice -Aud what was She socret that was not to
be exposed?—That it should mat 001110 to the kuowledge of
the family, who were protestauda, lest his father should dis-
inherit Mm.