The Sun.
London, England, 1864-07-08 00:00:00

THE YELVERTON CASE

HOUSE OF LORDS.—TaiI DAY.
YELVERTON V. YELVERTON (OR LONGNYORTH).
Their lordships resumed the consideration of this long-
protracted case to-day, happily the last day, with the ex-
ception of that on which the house will deliver j,•dgment.
There were present the Lord Chancellor, who presided, Lord
Brougham, Lord Wensleydale, Lord Chelmsford, and Lord
Kingsdown.
Mr Rolt, Q.C,, in continuing his reply, said that yester-
day he had called attention to his conviction that there had
been no promise of marriage in Scotland. He had said all ha
considered necessary to be said both on the point of law and
fact, and all that remained for him to do was to show that
the hypothesis of a marriage in Scotland or elsewhere
was wholly without fouodation,—that there never was
anything in the nature of a promise of marriage, and
he would now proceed with that part of the case.
Referring to the terms of the alleged promise, he said he
doubted whether that version of the affair was correct that
there was any premise of marriage at all• Those words
could not by any law of evidence be made to refer to
marriage at all. There was nothing in it thy could
tend to bring it to marriage. They might bring it within
the probability of marriage, but it was impossible to carry it
beyond that. The words were "I promised to do more
than I could have performed when the time came." Was it
within the nature of things that by any possibility they
could make those words refer to marriage ? He contended
that those words were not sufficient to establish a promise.
To establish a promise there must be something pointing
to a union of the parties, to the relationship of the parties.
There was nothing of the sort in these words which
pointed to whatever the other portions of the evidence might
convey. Upon the whole he submitted that the portion he
advanced, in his opinion, was clear, namely, that marriage
was not the footing on which ltlajor Yelverton and Miss
Longworth went to Scotland—on the contrary that they
met on a footing which was directly opposed to marriage.
Major Yelverton had positively refused marriage, and after
that Miss Longworth acceded to his proposals. These were
the points on which he proposed to satisfy their lordships.
The learned counsel proceeded to speak of the discrepancies
in Miss Longworth's evidence, and of the character which
Major Yeiverton had borne.

Lord brougham—What. Do you intend to rely upon
the excellent character of Major Yelverton ?

Mr Rolt thought he was entitled to adopt that line of
argument.
Lord Brougham said he was not speaking of Major Yel-
verton's immoralities in the ordinary sense.
Mr Rolt said that the contention was that Major Yelver-
ton was not guilty of treachery in the seduction of Miss
Longworth. That was abundantly plain, he thought, from
the evidence. The learned gentleman then proceeded to
speak of the recklessness of Miss Longworth's averments,
and urged that the manner of introduction of the patties
was not such as to lead a gentleman in Major Yelverton's
position—au offi3er in the army—to think of marriage, but
it was that sort of introduction which might possibly lead a
young lady in Miss Longworth's position to suppose that it
must eventuate in marriage. The Attorney •General had con-
tended that some of Ihe letters contained, in metaphorical
language, a promise of marriage, which Miss Longworth
accepted; but those letters he maintained did not admit of
the interpretation which his learned friend had put upon
them, and this he thought sufficiently proved by the fact

that in subsequent letters Miss Longworth had shown that
she did not regard the words relied upon in the light of a
promise, In one of these letters, drawing her illustration
from the drama, she said the next "act" in their career
could not be written. Now, if matrimony were intended,
there was no earthly reason why it might not be written
about. If marriage had been really expected or intended
there would have been no occasion for metaphors and
inuendoea, and the part es would not have indulged in cold
and indifferent language About it, Moreover, she had
spoken of their indefinable relative position, which was
inconsistent with the idea of marriage. In reference to
that position Miss Longworth had stated that she had
explained to' the superior of a convent the nature of that
position, but that she had given that view of the case
which cleared her cnaracter. She did not say she had told
the truth; and if there had been aoy truth in the statement
thitt there had been a promise of marriage, there would have
been no occasion for such equivocation. In fact, Major Yel-

varton had explicitly put her upon her gitard against a con-
tinuance of an acquaintance which might result in an illicit
connection; and it was an important fact, bearing upon
that branch of the case, that all the interviews between toe
parties were sought by Miss Longworth, and not by Major
Yelverton. Miss Longworth's letters contained strong ap-
peals for marriage. He would not detain their lordships by
reading he letter on which the Attorney Gsneral relied—that
letter in which her last appeal for marriage was combined.
Everything showed that, up to that time, Major Yelverton
had refused marriage. His object was clearly not marriage,
but he intimated that he was willing. to continue the corre-
sF,nderce, cautioning her, however, as to whit might be
tee result of it. She said she had a plan to propose which
would s:tisiv her conscienc-.>,. but which ok. had not the
to mention—that, at all events, could not refer to
matrimony, about which there could be nothing which she
could not mention.

The Lord Chancellor—Did he not treat her proposal at
Balaclava as proposals for marriage ?
Mr. Rolt said that there could be little doubt about that
She proposed marriage, and was distinctly refusal. The

evidence was that Major Yelverton proposed that they
should be privately married in .he Greek Chapel at Ba

lava, but there was no evidence to bear out that statement,
and Major Yelvcrton had sworn that he had distinctly

refused marriage. He did not propose to go into the visit to
Scotland, which their lordships had before them yesterday,
but he remarked upon the correspondence which passed, as
utterly inconsistent, even if it was a private marriage. If
it were a secret marriage it was not secret from themselves,
and it was most unlikely that they would correspond with
each other without saying a word about the contract of mar-
riage having taken place between them. That, he thought,
was a safer ground of criticism than observations upon any
particular expressions,
.The case was proceeding when we went to press.

LAW INTELLIGENCE—(This Day.)

COURT OF BANKRUPTCY.
(Belure Mr Uuninaission,Jr liolroyd.)

IN RE CAILE

This bankrupt was dev)rioed as of India Arms, Trinity-
street, Rotherhirhe, and this was an application for release.
There were only two debts amounting to £39, and there
was no opposition, but it appeared he was bankrupt some
time ago, but the order of discharge was suspended for
three months which had expired, but he had not taken up
his discharge,

His Honour said that that must be done before the pre-
sent petition could be heard, The bankrupt would not
therefore be released at present,

The bankrupt said that he had been in prison for two
months,

His Honour said that the detaining creditor could release
him,

Mr Easton, the creditor, said that under the circum-
stances he should do so.

IN RE VESPER.

This bankrupt had carried on business as a toy dealer,
&3 , in the Bow-road, and this was a meeting for last ex-
amination and discharge.

Mr J. B. SJrrell, opposedon the ground that
the bankrupt had executed a fraudulent bill of sale, by
which he had defrauded his creditors of the whole of his
property. From the evidence elicited by Mr. Sorroll at
prev.ous meetings, it appeared that the bankrupt had
executed the bill of sale in favour of his brother-in-law,
who, however, never took possession, and never had' the
deed in hie possession till after the bankruptcy, but
a brother of the bankrupt nominally took pos-
session of the property before the bankruptcy,
and there was a mock sale to bankrupt's son, who admitted,
however, he had not paid for them, nor did he expect to be
called upou to do so.

Mr. Lovall contended that there was gross fraud on the
creditors.

Mr Oldridge, for the official assignee, said there could be
no doubt that there had been collusion, and thought the
caw% should be adjourned sine die.

His Honour said it was a very hard case, and the excimi•
nation would be adjourned sine die, and bankrupt would
never pass until he gave up the property or its value, but
protection would be granted for ome month to enable him to
do so.

A museum of art and antiquities of the middle
ages has just been established at Florence, in the Bargello
or town hall. Two galleries, one for sculpture awl the other
for armour, are already opened, and although not to be
compared with the similar collections at Turin, Madrid,
Vienna, and Faris, nevertheless contain some interesting
specimens.

The most important news from the seat of war
are given in the 2iloniteur de 11 Armee. The Austro-
Prussians are said to be making great prepara-
tions. They are assembling between Bolding and
Fredericia a body of troops said to number 35,000
men ; they have placed in requisition all the boats
and vessels on the coast, and as they have besides,
of their own, numarous means of transprt, the
report is current that they wish to seize succes-
sively on Fatten and ',upland, where they hope
to find great resources for their array. The 1/31,1e6
have at the present mordent about 20,000 men in
Funeu, and dre preparing to oppose a landing. If
the Austro•Prussians carry into execution the pro-
ject attributed to them, they will then be not far
from Zealand, on which is placed the city of
Copenhagen.

The Committee of the Stock Ezehange have ap-
pointed Monday next a special settling day in
the English and Foreign Credit Company (on all
transaw ions on and after April 18), to be quoted in
the daily and in those of tile Valencia Slat,
Slab Company and the Ihdford H:tel Company to
be marked only in thq twice-a= Reek list.

POLICE INTELLIGENCE--This Day,

BIARLBOROUGE. STREET.

THE RUSSIAN BANX-NOTE rORGERIES-COMMITTAL.
—Carl Albrecht Ap .hamson, a Russian, charged with
uttering some forged Russian tank-notes to Mr Rudolf
Prommel, bullion and exchange office-keeper, of 37, Hay-
market, was again brought before, Mr Knox for final exami-
nation and committal.
Mr Peachy, of the firm of Oliwrson, Lane, and Peachy,
Frederick-place, Old Jewry, procuted on the part of the ,
Russian Government; Mr Edward Dillon Lewis, of Great
Marlborough-street, defended the prisoner; and Mr Charles
Albert interpreted the evidence.
It may be remembered that tho ?risoner went to the office

of Mr Prommel and asked for charge for two notes, and Mr
Prommel told the prisoner they ware forgeries. Upon this
the prisoner ran away, but ,vas pursued by Mr Protium:A
and into a and a Neel the prisoner threw
svrg
notes.
flightwere
se and also
'
also a bag he left at London.bri Igo
Railway found to contain a large number of
b
The prisoner has been remanded from week to week for
forted hiestation
c at

the attendance of a gentleman front the Russian Bank.
Wm. Larendon, ex-sergeant of the metropolitan police,
of 16, Coventry-street, Hayrnarke;, proven seeing the pri-
soner, on the 10th June, rush out of Mr Promuael's shop.
He pursued the prisoner, and saw aim throw a parcel over
the area railings of a house in Paxton-square. He went
with the prisoner and Mr Pronittel towards the station,
and seeing a constable handed prisoner over to him.
Mr
r Eugene lerk in the bank note manufacturing
St.jPeitnersburg, said thtt State credit bills such
adsepmthaotseepnrtOd Klein,leced were there manufactured. The 50 rouble
credit notes of the year 1856 were still in circulation,

The witness having examined some ot the notes produced,
said they were forged.
Mr Lewis reserved the prisoner's defence, and he was
committed for trial.

TEE "SOCIAL
i,ESPECTAMLE" LAND-
LORD.—Mr George Hart, of 38A, Howland •street, Fitz-
roy-square, appeared before Ur Knox, to answer the eom-
plaint of a well 'dressed young woman named Howard.
The complainant, an " untirtunatv," stated that she took
. .

lodgings in the defendant's house at the rate of £1 12s. a
week, and not being able to pay her rent, owing to illness,
she left the house and the defendant refused to give up her
box, containing clothes, &c.
The defendant said he kept a respectable house, and when
the complainant came to it he understood she was a married
woman and had a weekly income.
The Complainant said the defendant knew to the con-
trary, as there were other young Women of the same class as
herself in the house. After being in the house a day or two
the defendant told her that she did not bring home gentle-
men enough to drink his wine.

After hearing the evidence of Michael O'Shaughnessy,
one of the warrant officers of the court, and who had made
strict inquiries into the matter,

Mr. Knox ordered the defendant to give up the com-
plainant's clothes.

The Defendant said they were in the hands of the broker.
Mi. Knox remarked that that was all the worse for the
defendant. He would have to give up the clothes or the
value of £5, and 2s. costs, or a distress warrant would issue
against him, and if there were not goods to distrain upon
the defendant would be committed for a month.