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

EXPRESS FROM PARIS.

(nos ous OWN coiassronzwr.)
PARIS, 'TUESDAY EVENING.

The Corps Legislatif is decidedly becoming vir-
tuous—it has just annulled another election,
merely because it was illegally conducted by the
government. There is a law which says that when-'
ever a vacancy occurs the new election must take 1
place within six months, and again, another law
enacts that no public functionary shall be eligible
until six months after he shall have resigned his
place. On May 11, 1860, M. Alengry, one of the
members for the Aude, died, and M. Dabeaux, the
prefect of the department, took a fancy to have the
vacant seat—et least so we are told—but as the change 11
involved a considerable pecuniary loss, it is very pro-
bable that the government, wanting to get another
prefect, thought the opportunity a good one to pro-
vide M. Dabeaux with a velvet cushion to fall
upon. But here a serious difficulty presented
itself. The utmost delay allowed by law for the
new election was Nov. 11, 1860, and that date
could, not by any process of arithmetic, be
made to correspond with the period of six
months from the day of the prefect's resignation.
Under these apparently difficult circumstances the
prefect and his powerful backers took the simple
course of fixing the day of the election for Dec. 16,
in open defiance of the law. M. Dabeaux, little
suspecting that the principles of legality, justice,
and publicity were about to be brought into fashion
(as they subsequently were by the Persigny decree
of Nov. 24), made a triumphal progress through
the department, taking an affectionate leave of the
inhabitants as their prefect, and at the same
time, with all a prefect's authority, canvassing
their sweet voices on his own behalf. His succes-
sor, duly instructed, backed up his pretensions and
got him returned by an immense majority. Now,
there is no doubt in the world that at any time
before the little coup &Nat of Nov. 24, such an
election, notwithstanding its flagrant violation of
the law, would have been confirmed by the house.
The grumbling observations of the four indepen-
dent members for Paris would have been scouted,
and they would have been told by M. Baroche that
as the house must be thoroughly convinced that,
whether a little sooner or a little later, the free and
independent electors would certainly have returned
M. Dabeaux, all their legal quibbles were miser-
able, pettifogging, and factious. But now—great
and much-to-be-admired change !—the reporter of
the committee on the election lays down the doc-
trine (which is stinted by cheers, recorded in the
Moniteur) that "if the Corps Legislatif wishes its
own decisions to be respected, it must set the ex-
ample of respect for the law ;" and submits that
the election must be declared void. M. Billault,
wbo represented the government on the " non-port-
folio " ministerial bench, felt that in the present
temper of the times the case was utterly indefen-
sible ; and, although he was an accomplice in the
illegality, having been Minister of the Interior at
the time when the Dabeaux job was plotted, he
contented himself with saying that if the house
"desired to maintain the extreme application of
the law, the government would submit."
What I have above recounted is merely the lead-
ing feature of the drama played in the Corps Login-
Intl/ yesterday. But there was a little bye-plot
which deserves a passing notice. Besides the one
fatal objection to M. Dabeaux's return, a variety
of minor ones were brought forward with great
force and humour by M. Picard, such as the con-
fiscation of opposition bulletins, the open violation
of the principle of the ballot by mayors,who thrust
M. Dabeaux's bulletins into the hands of electors
as they came up to the poll, and, in manyinstanoen,
the counting for M. Dabeaux of votes given for his
opponent. To all those secondary counts of
the indictment, M. Billault denied as much as he
could, and treated all the rest as of no importance.
His argument is the convenient one, which for the
last ten years has panned unchallenged, that it
being impossible to suppose that any amount of
government pressure could materially influence such
a vast machine as universal suffrage, a little ille-
gality in small country villages did not matter.
The committee, while not grounding their recommen-
dation that the election should be annulled upon
this part of the case, were so much struck by the
disclosures made, that they recommended the pur-
chase in every commune of a secure ballot-box,
with a double lock. This is • remarkable official
admission, that hitherto there ban been no security
for the truth of the returns. It was proved only
the other day that a mayor took the voting papers
from the hands of the electors, put them into his
pocket, and then went into his private
room to make out the return. M. Billault attempted
to parry the attack founded upon these pleasant ir-
regularities by the statement that a government
inquiry bad proved that they were not so bad as
supposed, but Vicomte Lemercier told him very
seriously that the inquiry was doubly worthless-
-Ist, as being an infringement upon the privileges of
the house, and, 2nd, because it was carried on in the
presence of justices of the peace and gendarmes,
who intimidated the witnesses. Although habi-
tually a supporter of government, be (Vicomte
Lemercier) voted against this election not only on
formal but ou substantial grounds, and be thought
it high time to change the whole system. The
election was declared void without a division. This
debate must be considered as marking a great and
decided step in the path of political liberality and
honesty.
The Bourse opened with some degree of firmness,
and the Rente advanced to 68fr. 20c. A false
despatch was put in circulation, representing that
the Bank of England hal raised its discount to
10 per cent., but the firmness of Console prevented
this news from being believed. In the afternoon
there was a sensible reaction, attributed to ru-
mours that the Syrian conference was broken
up owing to Prussia and Austria having
decided to vote with Turkey and England. The
closing prices of the Rente were 68fr. and 68fr. fic.,
being a fall of fic. both for cash and account.
Mohilier fell lfr. 25e. The Caisso Mires rose Mr.,
closing at 100 fr. Ports of Marseilles rose bfr.
The shareholders in the latter security are thought
to be less injured than those in the Mires and other
undertakings.
This evening's Prraw says :

Everybody must be struck with the vague and undecided
clutracter of the draft address of the Senate. A great body
of the state should be more clear, more peremptory, when
it speaks to a government which asks its opinion in the face
of a listening country. The government should know what
the Senate thinks of its policy, and the nation ought to
know what it is to think of the Senate. Now from the
terms of this address, it is impossible to extract any
opinion or any guide for conduct whatever.
_ _ _

A pamphlet, by M. Louis Venillot, entitled Le
Par et la Dip&made. is announced for March
Ist. It will no doubt be more amusing than that
of the Bishop of Orleans, and quite as bellicose.
M. Solar, whose signature appears in the Presse
to-night for the first time since the arrest of M.
Mirbs, tells the Bishop of Orleans that it ill be-
comes him to speak so slightingly as he does of
pamphlets, since he himself is more a journalist
than a bishop.

THE YELVERTON MARRIAGE CASE.

FIFTH DAY.—(YzertimAy.)

The hearing of this remarkable case was resumed
this morning. The court was not so inconveniently crowded
aa on yesterday, owing to the more effective arrangements of
the police and the officers in charge of it.
His lordship having taken his seat,
The Rev. Dr. O'Connell was recalled and examined by
Mr. Whiteside, as follows :—Dr. O'Connell, were you in
court yesterday when Mr. Mooney was examined! I was.—
Will you state was that an original marriage, according to
the church of Rome, which he described as celebrating!
(Question objected to by Mr. Serjeant Armstrong.) It was
a valid marriage.

The Chief Justice—The ceremony as described by Mr.
Mooney, assuming it to be true, is a valid marriage accord-
ing to the doctrine of the church of Rome
Witness—it is a valid m►rri
Sergeant Armstrong renewed his objection, on the ground
that the answer of the witness was in no way evidence.
Mr. Whiteside mid he did not want a bill of exceptions,
and he would withdraw the evidence.

His Lordship—l do not think the objection well•foundod,
but I will allow the evidence to be withdinwo.

Rev. IL. V. Molloy examined—l have been a missionary
in the East. I was at Constantinople daring a great portion
of the Russian war. I became acquainted with Miss Long.
worth while abroad. I have known her for about four
months. She was in a convent or hospital managed by the
Sisters of Charity. She was a postulant, as far as I know
—that was at Galata.

Mr. Waldron Burrowes examined by Mr. Whiteside—l
reside in the county Down, and am a magistrate. I belong
to Mr. Mooney's congregation, and know him.—liadyou any
conversation with that gentleman some time ago about this
marriage? I had.—Where was it? It was at his own
house, and occurred in the month of Marzh, 1855.—What
was it ? I began to banter the Rev. Mr. Mooney about the
scrape he had got himself into, and it was in reference to
that the conversation began. He very earnestly assured me
that he had incurred no ecclesiastical censure • and in • very
significant manner informed me that he had made the parties
man and wife—Had you said anything to him previously,
from your knowledge of law, about a marriage between •
protestant and Roman catholic ? I had at his instance. I
told him for the purpose of taking "a rise" out of him
that he might be transported.—What did he say? He said
that he had completed a perfectly valid marriage, and
volunteered expressions complimentary to the personal de-
portment of this lady.
Mr. Henry Hill Lancaster examined by Sergeant Sulli-
van—l am a member of the bar of Sootland ; I hopol am
acquainted with the laws of Scotland as to mamages.
The only thing required to constitute • marriage in Scot-
land,is consent—no form is required—no ceremony—no
lie notice—nocohabitation—noteven witnesses—perfectma-
trimonial consent, and it may he interchanged without the
presence of any third party.—ls there, by the law of Scot-
land any particular way in which this consent must be oved?
No; it may be proved by subsequent acknowledgment,
written or verbal, or by oath of the party, or, in fact,
by any evidence. A marriage proved in that way is •
marriage according to the law of Scotland.—Can either
party after that consent revoke it by the law of Scotland?
There is no power to do so.—ls the consent the less binding
or otherwise from cohabitation? Cohabitation is no way
requisite—it does not affect the matter one way or the other.
I have heanl the evidence in this came. I heard the Rev.
Mr. Mooney state that Major and Mrs. Yelverton knelt at
the altar. I heard him state that they agreed to be hus-
band and wife. Ime the entry in the book at Doan Castle,
" Mr. and Mm. Yelverton," proved to be in the handwriting
of Major Yelverton. I heard it proved that they lived as
man and wife in Scotland. I heard the letters of Major
Yelverton read, and I heard the courtship at Mrs. Gamble's
proved.—Having heard that evidence, is it your opinion
that Major and Mrs. Yelverton are man and wife according
to the law of Scotland?

Question objected to by Dr. Ball, Q.C.
Sergeant Sullivan submitted that the question was a
proper one to be asked.
His lordship said that the witness had already described
what constituted a Scotch marriage.
Sergeant Sullivan said he would not, therefore, press the
question. (To witness)—ls subsequent acknowledgment of
a prior consent evidence of a marriage aoconling to the law
of Scotland !—lt is nut necessary that a particular prior
consent should be proved.
Cross-examined by Dr. Ball, Q.C.—Most undoubtedly
the acknowledgment of a marriage per verbs de preeenti
without the presence of a third person, constitutes a mar-
riage according to the law of Scotland, if it be properly
proved ; the fact of • man and women passing as husband
and wife without acknowledgment will not constitute a mar-
riage, but it is a circumstance from which a court and jury
mayinfer • marriage ; I do not know of any case in which
the law accepts evidence of habit and repute in support of
• marriage when the man happens not to be a domiciled
Scotchman.— Is it a fact that you cannot use evidence of
habit and repute where there has been a ceremony, but
most stand and fall by the ceremony ?—lf a ceremony be
proved which involves cement, you cannot use evidence of
habit and repute.
The Chief Justice—lf there be a consent per verb* de
pesenti in Ireland—such as would be valid in Scotland—
but which is void according to the law of Ireland, and if
there be a subsequent living as man and wife in Scotland,
what is your opinion think the parties would be man
and wife in Scotland—with this explanation—that the
court, looking at the acts in Scotland, and looking. at them
as having taken place in pursuance of a ceremony in Ireland
—the court under such circumstances would hold that there
was sufficient to enable them to rule that a marriage had
taken place between those parties at some time or in some
place.
To Dr. Ball—l never said that consent out of Scotland
would be a marriage. My opinion is this, that when the
court applies itself to settle such a question as I have de-
scribed—namely, here are letters and acknowledgments
between the parties; are they sufficient to prove that con-
sent has taken place!—They *inn% trouble themselves with
saying where or when the consent took place. My impres-
sion is that they would, in their own minds, have assumed
that consent took place in Scotland.
The Chief Justice—Suppose the parties took each other
for husband and wife in the necessary solemn manner, but
that the woman would consider cohabitation under such

circumstances would be living in a state of sin, and there-
fore refuses cohabitation—would such a marriage, according
to the law of Scotland, be a valid marriage'
Witness—My opinion is that such a state of things would
have no effect whatever in invalidating the marriage. There
is a case in my mind, in which the judges held that where a
woman had no idea, even, of the effect of what she was
doing, when the usual ceremony was gone through, yet
they held that the marriage in that case was a valid one.
The certificate of the Rev. Mr. Mooney was then given
in evidence, subject to the evidence of Mr. Brewster.
Mr. Whiteside then ►pplied to his lordship as to whether
the letters written by the elder brother of Major Yelverton
would be received as evidence in thecase—the writer having
acted ae the agent of Major Yelverton in those letters.
His lordship decided on not receiving the letters at that
stage of the proceedings.
The letter written by the Rev. Mr. Mooney, in reply to
Mrs. Yelverton 's application fur a certificate, was also. re-
fused as evidence. _ _

Mr. Sergeant Sullivan—We close now, my lord.
Mr. Brewster then commenced him address for the defers•
dant. He represented his client as having constantly and
determinately endeavoured to avoid Mrs. Yelverton. She
was determined to unite herself with him, and it was a
question whether she did not in this matter work herself
up to • sort of frenzy that would enable her to stop at
nothing for the attaining of her purpose. The learned
counsel was proceeding to animadvert strongly upon the
frivolity of Mrs. Yelverton, as shown in some of the letters
that had been read, and was proceeding with his address,
when our report left.