The Sun.
London, England, 1864-12-05 00:00:00

THE SUN, LONDON, MONDAY EVENING, DEC EMBER 5, 1864.

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veniion Act. The memorial is signed on behalf of the
parishioners by the churchwardens, guardians, and over-
seers, and has been forwarded to the Lieut.-Gen. com-
manding the division for pri•scutation to the Secretary of
State for' War. 7-

The divisional and regimental sebools at Aldershot camp
will be closed on the 19th last, to the 7, it of January, 1865,
inclusive, during Which period commit-Aug cfficers are
empowered to grant leave of absence to schoolmasters and
schoolmistresses.

The following appointments have been made at the Ad-
miralty :—Commander C. T. A. Noddall, to be master-
attendant and the harbourmaster of Deptford dockyard,
vice Poarn, retired—Staff-Commander 0. 11. K. Bower, to
be commander and master-attendant of the Royal Clarence-
yard,"vice Noddall—Lieut. H. Davis, to the,Black Prince—
Ahmuty Irwin, surgeon, to the Aurora—John Edwards,
naval cadet, to the Achilles—Robe. Gilmour, assist.-surg.-
additional, to the Rattlesnake—Richard Munday, paymas-
ter, to be secretary to Admiral Relict—Thos. Backliam, as-
sist.-paymaster, to the Britannia—Wm. R. IVeatherley,
assist.-paymaster, to the Egmont—Jno. Heath, assist...
paymaster, to the _Excellent—Robert Williams, chief engi-
neer, to the Orlando—J. G. Bain, assist.-enginer, to the
Victoria and Albert—T. F. P. Shelley and IL W. Wilkins,
assist- engineers, to the Urgent.

Lord Clarence Paget, M P., and his Con-

stituents.

Lord Clarence Paget, one of the members for Sandwich,
addressed his constituents at Deal, on Friday evening.
Owing to the indisposition of iho mayor, lv;r George Hughes
occupied the chair.
Lord Clarence Pagel-, hiving been introduced by the
chairman, referred at some length to the foreign and finan-
cial policy of the Government, and he went on to say that
with regard to, naval expendir_t4t had been his earnest

gentleman should ask him why he was not oftener amongst
them, paying them his personal respects, his answer must
be that he was watching over their naval expenditure. The
expenditure of the navy, it was true—and he was thankful
for it—had been reduced very considerably within the last
two or three years. Yet the naval estimates had amounted
to no less a sum than £12,750,000. The estimates for the
present year were something like £10,750,000, showing a
reduction of £2,000,000. He spoke not out of disrespect to
any previous Government, but if he were asked why this
enormous expenditure had been necessary he must frankly
reply that in the year when the present Government came
into office the navy of this country was not in a satisfactory
eta's,. We had neither the quantity of ships, nor had we
the number of men, which it was absolurely necessary we
should maintain if we at the same time desired that Eng-
land should maintain her position as a great naval power.
The consequence had undoubtedly been an enormous
expenditure, but the result of that expenditure was
that we had now, either built or in various degrees
of construction, no less than thirty armour-plated ships,
Now, when he talked of thirty ships it was perhaps not
easy to realise what that represented in money, but when
he reminded them that each of our armour-plated ships
cost nearer half a million than a quarter of a million, some
idea would be formed of the expenditure which had been
necessary in constructing our armour-plated fleet. They
would remember perfectly well that in those days, some
four years ago, we used to suffer from a sort of chronic panic.
We used to hear that the country was utterly unfit to repel
invasion, that we had neither ships nor troops, and that we
were in fact at the mercy of any nation who chose to invade
us or to insult our flag. Wo did not hear of these things
now. Englishmen did not now express their apprehension
of danger from invasion or insult, and he therefore asked
whether he might not therefore claim continued confidence
on this score in her Majesty's Government, The noble lord
then spoke of Mr Cobden's views as expressed in his recent
speech at Rochdale, and continued— It was his fortune
daring the past session of Parliament to be called on by the
House of Commons to state, as chairman of a very impor-
tant committee—that committee being appointed to inquire
into the dock accommodation existing in our dockyards, in
the country generally, and in the colonies, that our dock
accommodation was wholly insufficient for the wants of the
navy. It was true that it was his duty as chairman to frame
the rep: rt of that committee, yet he nevertheless could not
subscribe to every paragraph it contained, for ho thought
they were apt, when they went into inquiries upon these
important matters, to forget that we had vast private esta-
blishments in this country which might always be counted
upon, in the event of an emergency, both for repairing and
docking cur ships. Nevertheless, he was bound to say that
the evidence the committee received, and the conclusion to
which they came, showed that the dock and basin accom•
inodation for her Majesty's navy was insufficient for its
wants. lle alluded to this fact because he wished to put
frankly before his audience what had been and what left un-
done. He quite admitted that it required very groat exer-
tions on the part of the public to put our great naval esta-
blishments into the position which was befitting and neces-
sary for the navy, and therefore in stating that which ho now
did he was sure they would believe that the estimates to be
submitted to Parliament for the maintenance of her Ma.
jesty's navy would be framed with the utmost regard to
economy, although the views of Mr Cobden with regard
to sweeping reductions would not be entertained, Indeed,
they must expect, and ho was sure when they came to be
acquainted with the details they would justify the Govern-
ment in propos`ng, a considerable increase in the votes for
dock and basin accommodation. He had adverted generally
to the policy of the Government, both with regard to foreign
affairs and with regard to the navy, and he now wished to
allude to some points which would be interesting more espe-
cially to the naval officers and friends he saw around him,
A great many criticisms had been given out to the public
with regard to the action of the Admiralty upon several
matters to which he would briefly allude. He had told them
the Government was maintaining a very large force, indeed
something like 75,000
men, yet they had doubtless read that
in spite of this the Admiralty had had difficulty in manning
our ships. There was possibly not a corner of the country
that had not been alarmed within the last few weeks by a
report that there had been great difficulty in manning our
line-of-battle ship Victoria, (Hear.) It was stated by one of
the leading newspapers a few weeks ago, and the statement
had occasioned considerable alarm, that great difficulty had
been found in manning the three decker, now fitting as a
flagship in the Mediterranean, and that the Admiralty, in
order to make up her complement, had unmanned other
ships, so averse were the seamen of this country to serve in
her Majesty's navy, Now he would tell them what was
really the fact. The Victoria was commissioned.on the 2d
Nov. last. As soon as her officers had joined, orders were
given to complete her complement, which was done in 48
hours, the only vacancies remaining in the ship being for five
shipwrights. He was told the other day that the crew of the
Victoria had been got together from the scum of society,
and that they were not a real man-of- war's crew. He had,
however, taken great pains to examine the report of the
Commander-in-Chief at Portsmouth, who inspected the
ship, and his report of the ship's company, which he (Lord
Clarence Paget) had "pied, was this—" A good ship's
company, and above the average in appearance end quality ;
clean and well clothed." (Hear, hear.) He desired to
allude to one more point concerning naval administration.
The recent experiments which had been made in gunnery,
and likewise with regard to armour plating, had been
watched with considerable interest. Among other systems
one had engaged public attention to a great extent—he
meant the turret system. A very intelligent officer of the
navy had brought this system to considerable perfection on
board and many interesting trials had
taken
Royaldnt igninSgovthereepaat,
summer. Now he found it was
generally supposed that
ge there was a prejudice at the Admi-
ralty against the turret system, and that consequently the
Royal Sovereign was destined to be laid upon the shelf and
kept out of the view of the public. Nothing could be more
fallacious than this idea. It gave him sincere pleasure to
placethe
state, that as far as experience had gone in the working of
the turret system, that system was a great success. It
had been found that various difficulties which were anti-
cipated by many vanished in practice, lie was one of
those who had always been very sanguine that this
system of naval defence would take a high place in this
country, and he had every reason to be equally sanguine
now. But with respect to the Royal Sovereign, her own
captain, one of the most distinguished officers of the navy,
reported that although the turret system in his opinion,
and in the opinion of all on board, worked most satisfac-
torily, the Royal Sovereign as she was was not sufficiently a
cruising ship for sea-going purposes, and that the utmost
that could be expected of her was that she should be used
for the protection of our coast, or in an emergency sent to
the Mediterranean. • Under these circumstances the Admi-
ralty thought it would be unwise to keep this ship in com-
mission, as it was evident she could not fulfil alt the condi-
tions of a seagoing ship. but with the view and the earnest
desire of carrying out fully experiments in this system they
were making modifications in various matters of detail.
Some accidents undoubtedly occurred to the ship. Her
holes were damaged, and in various other respects
hawse
she required repair, but he could only say that the moment
she was ready she would bo put to sea. He would add one
word more en the subject. So impressed were the Admi-
ralty with the success of the turrets so far as they had
worked, that they had now under consideration the
ofconver-
our large armour plated ships which were
sLown ?ref onec course urse of construction into a ship upon the turret
system. (Cheers.) The noble
and then-referred totics of
a local nature, alluding to th 9 provements recently made
and in course of contemplation in the town of Deal, the
recent completion of a new pier, and the proposal for carry-
ing out harbour and dock accommodation now before the
amidmanifestations
and concluded his speech warm
public,
of applause.
motion of Mr E. Brown, seconded by Mr
On the mo
Bushell, a vote of continued confidence was passed to his
lordship, and the* to the chairman concluded the Pro-
, MOW. •

The. YeiverLon Marriage Case

EDINBLiIiGii, Dao. 3.

This case was called to day at the First Division of the
Court of Session for the purpose of hearing parties on the
motion of Major Yelverton to apply the judgment of the
House of Lords, and on the counter motion of the pursuer
to supersede consideration of the defender's motion, and
allow a condescendence res zoriter (a sta'ernent of new
matter) to be added to the record and remitted to proof. It
may be necessary to explain that the House of Lords in giv-
ing judgment on Scotch appeals remits it to the Court below
to apply and carry out the juOginent, and to grant the
cs-
tract which brings it into operation. On the meeting of the
Court for the Winter Session the defender petitioned for
application of the judgment, and the pursuer for admitting
new evidence. By the pursuer's motion the question is now
raised whether the duty of the Court below is purely minis-
terial or to some extent discretionary. The pursuer prac-
tically asks the inferior Court to suspend the judgment of
the court above, and reopen the whole cause.
Mr Campb.dl Smith, for the pursuer, acknowledged that
the motion he now made was quite unprecedented. It had
never been gran'ed in any previous case, but on the other
hand it had never boon refused. What the pursuer asked
leave to do was to lodge a condescendence of facts which had
come to her knowledge since the final judgment. The sub-
stance of it was, that Major Yelverton on a visit to his
brother Frederick, when on his deathbed, admitted that he
had married the pursuer in Scotland. They should prove
that Major Yelverton visited his brother during his last
illness, and then the dying brother complained to him of the
double marriage, and stated that it was a misfortune; and
asked him how, after reading the marriage service with Miss
Longworth in Seotland,and after being married to her in Ire.
land he could have married another woman,Mrs Forbes. Ma.
jor Yelverton replied it was a sad thing to have done so,
but that it could not be helped now, and that at the time he
married Miss Longworth he had no intention of marrying

That was the substance of the conversation which they
undertook to prove. It had reached them in as trustworthy
a way as it was possible to get such information. The nurse
who had attended Frederick Yelverton on his death-
bed died in the Sick Children's hospital in Dublin in 1362,
but before her death she communicated to the chaplain .of
the hospital what she had heard take place between the
two brothers. They heard nothing of this statement until
the reversal of the decision of the Court of Session by the
House of Lords, the clergyman believing that there was no
need of any information being communicated on the sub-
ject. It was also shown by the evidence of at least ono gen-
tleman in the confidence of the deceased Frederick Yelver-
ton that he believed his brother had married the pur-
suer in Scotland, and that he had founded his belief on
what had passed between him and his brother, Major Yel-
verton, after the marriage with Mrs Forbes, and when he
tried to get the pursuer sent out of the country. The per.
son to whom Frederick Yelverton made this statement in
the end of 1858 was Mr Biggs, of Bannagher, who was then
factor on the estates of his father-in-law, Lord Avonmore.
The statement by Frederick was that his brother had made
a perfect fool of himself by marrying Mrs Forbes—(a laugh)
—and, further, that his belief of the marriage with Miss
Longworth was induced by a conversation with Major
Yelverton. We are also prepared to prove that Frederick
Yelverton had made similar acknowledgments before his
death to other persons, and that he founded his belief on
whit Major Yelverton himself had communicated to him.
The Lord President—You are to prove that Frederick
believed that Major Yelverton had married Miss Longworth,
and that he based his belief on information he had received
from Major Yelverton.
Mr Smith—We believa that other witnesses besides Mr
Biggs can be found to speak to it. Frederick left a widow,
who, we believe, would be able to speak to it; but we are
as yet able to tell what she would say.
Lord Deas—Why ?
Mr Smith—She is reluctant to speak. She is on friendly
terms on the other side.

Lord Ardmillan—You want an opportunity of finding out,
what others would say ?

Mr Smith— Yes. We will do what we can to corroborate
the evidence of the other two. But the new evidence we
now offer is I submit, evidence which wuuld have led to a
different final judgment in the case, as supplying what was
chiefly desiderated by the judges of the Court of Appeal— .
namely, serious acknowledgments of marriage. It is quite
clear, in the face of our statement—which must be assumed
to be true at the present stage—that this would have been
regarded as serious —that the acknowledgment which we say
was made would have been regarded as a very serious one.
A more serious acknowledgment cannot possibly be con-
ceived than the one we have set forth hero. A deathbed is
I always a place where ono may be expected to bo serious,
more especially at a brother's. That is a place consecrated
by everything which could make any place sacred, not
merely by natural affection, but by the pre•enco of
That shadow cloaked from head to foot,
That keeps the keys of all the creeds.
1 therefore submit that that would have been a most valu-
able piece of evidence, and that it ought to be admitted to
proof.

Mr Gordon, for Major Yelverton, submitted that the re-
mits of the house of Lords were judgments which the Court
of Session must implicitly carry out. The judgment of the
house of Lords in theYelverton case was clear and explicit,
and there was no reason for delay in applying that judg-
ment. There had been many litigants who had been obsti-
nately persistent in their applications to this court, but there
was no case of an application like this made after a final
judgment in the cause. It would require a strong argument
therefore, to induce the Court to comply with the demand
now made, The truth was they had no alternative but to
put on the record the judgment of the house of Lords. Ile
held that there was no case for the introduction of rcs no-
viter. The pursuer had had opportunity of proving what
Major Yelverton had said to his brother, and of making all
the proper investigatiors to find that out. But he submitted
that this whole statement was destitute of foundation, and
that there never was such a woman as Sarah Mallins in at-
tendance on Frederick Yelverton.
Lord.Deas—Surely that could be found out.
The Lord Advocate—That statement is certainly yes no-
viter. (A. laugh.)
Mr Gordon—lt is well known that this case has been
much talked of throughout the country, and it is really al-
together incredible that this clergyman was not aware of
the importance of any statement made by Major Yelverton.
The pursuer was in this position, that she might by reason.
able diligence have discovered any statement made by Major
' Yelverton ; but she did not use that diligence, and had
been content to take judgment upon the record which had
been presented, so that it was too late now to put in this ap-
plication. If this was allowed, where was it to end ?
Tho Lord Advocate replied for the pursuer. lle con-
tended that the allegations were distinct and must be held
as true at this stage. They were also material and impor-
tant. Can there be a doubt, ho said, that if Sarah Mallins
attended Frederick Yelverton on his deathbed, and if she
on her deathbed made that statement as to the reading of
the marriage service, that would have hal a most material
bearing on the subject-matter of the suit? As to the ques-
tion whether your lordships would have believed Sarah
Mallins's statement or not, that is a matter we need not
enter into here: but if you would have believed it, then
that would have given just the turning point to the whole
case ; for it that conversation was truly hear and truly re-
peated, there would have been no doubt of the truth of the
landlady's evidence of what took place on that occasion,
and it would have given an aspect to the whole evidence
most materially in favour of the pursuer. his lordship pro-
ceeded to say that if the allegations were sufficient to en-
title the pursuer to reduce the judgment,they were sufficient
to entitle her to interpose before the judgment was applied.
The Lord President stated that judgment Mould be given
next week,

The following aro tho atlidavits referred to in the discus

81011 :^-•

"I.—Affidavit of the Rev. Edward George Campbell, A.M.
"I, Edward George Campbell, A.M., Clerk, rector of
Kilderry, in the diocese of Ossory, make oath and say—
That in the year 1861, and about the beginning of the year
1862, I visited on several occasions a person called Sarah
Mallins, who was a patient in the Meath Hospital, Dublin,
and in which she died early in the month of January. I
attended her as her clergyman, she being then in a dying
state, and had several conversations with her, in the course
of which she informed me that she had attended on the late
Hon. Frederick Yelverton in his last illness, which tenni-
noted in death in or about the month of February, 1860;
that he expressed much uneasiness of conscience at the part
he had taken with his brother, Major Yelverton, in
relation to the marriage of the latter. She also
stated that she heard the said Frederick Yelver-
ton say to the said Major Yelverton, We are
ruined by your marriage with Mistress Forbes. How
could you take her after reading the marriage service with
Miss Longworth in Scotland, and afterwards being again
married in Ireland ?' That the said Major Yelverton replied,
'lt is a sad thing to have acted so, but it can't be helped
now. When I read that marriage service with her I had
fully resolved to have her as my wife, and it was to satisfy
her importunities I renewed it again in Ireland. I had it n
thought of deserting her then, or to marry Mrs Forbes, or
anybody.' And I say that the said Sarah Mallins appeared
to me to speak with candour, and I have remembered what
she said distinctly, and have given the substance of it cor.
rectly and accurately.

" Sworn before me, at No. 20, St. Andrew-street, in the
city of Dublin, Nov. 9, 1864.
" DAVID FITZGERALD,
" A Commissioner in Ireland to administer oaths
for the Court of Chancery in England.
" Ed wd, Geo. Campbell,
Rector of Kilderry, Diocese of Ossory."
"ll.—Affidavit of William Biggs, of Bannagher.
" The tadayit of William Diggs, of Digulaglar, iu tho

PRIMP ..4d
STAMPED ....5d

Eieg's County, in Ireland, who being sworn this 19th day
of 0 Auber, 1861, A.D., maketh oath awl says,—That I
am over 30 years of age; that I have beau for many years
most intimately acquainted with Lord Avuutuore and Lis
family ; that I had been agent over his estates in Ireland for
genie years prior to the death of Frederick Yelverton, second
son of Lord Avonmore; nn l that durin7, the time in which
I was agent as aforesaid T pet manontly resided at 13411ei:,1e,
and associated with the Yelverton family th, re ; that I was
acting agent and residing at 13alltile when Wm. Charles
Yelverton, third son of Lord Avonmore, effected a marriage
with a rertaia Emily Forbes; that I perfectly recollect
Fft dk.Yelverton, brother to the rail William, going to Scot-
land about the time of said marriage between the said William
and Emily Forbes ; that I fully and distinctly recollect that
some time in the year 1853, said Frecik, Yelverton told me,
that his brother William Yelverton had made a perfect foul
of himself; that he had married a Mrs Forbes (meaning
Emily Forbes aforesaid) while in reality he was married to
a Miss Theresa Longworth, with whom he (William) had
contracted a legal Scotch marriage priorily ; that in frequent
subsequent conversations which I have had with the said
Frederick Yelverton, he, the said Frederick, told mo that
beyond all manner of doubt his brother William had posit.
lively married Miss Theresa Longworth according to all the
requirements of Scotch law, and had been living with her as
his wife in Scotland; that he (Frederick) had come to these
conclusions tram the statement William made to him in re-
gard to his marriage with the said Theresa Longworth, in
which he, the said William, detailed'the facts of his Scotch
marriage with Miss Theresa Longworth, and acknowledged
to him, the said Frederick, that said Scotch marriage had
really taken place between him, 'William Charles Yelverton,
and the said Theresa Longworth ; and that the said several
admissions and statements of said William and his acknow-
ledgments in reference to said Scotch marriage with Mies
Theresa Longworth, as afore-mentioned, was a valid, a
perfect, and duly accepted marriage aocording to the laws
of Scotland.

P.MlMMlffilr ERlMMlTlTMtlftinklirOCtol,., e..Q th....ANd
eight hundred and sixty-four, at Egremont, in the county of
Galway, a Master Extraordinary of her Majesty's High
Court of Chancery in Ireland, for said county, and I know
ho deponent. " Tiros. CURRAN,
" Biggs." Master Extraordinary.