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

YELVERTON V. YELVERTON (OR LONGIVORTR).
Their lordships resumed the consideration of tuffs 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 he
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 fouedalion,—th.at these 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 cf evidence be made to refer to
marriage at all. There was nothing in it that 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
teat 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 Major 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 accadecl 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
M +jot. Yelvorton had borne.

Lord Brougham—What. Do you intend to rely upon
the excellent character of Maj,r Yelverton?

Mr Roit thought ho t►as entitled to adopt that liue of

argument.

Lord B•ougham 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 warner of introduction of the pa, ties
was not such as to lead a genletuan in Major Yelverton's
position—an officer 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 soma of he letters contained, in metaphorical
language, a promise of marriage, which kiss 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 (me 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. it marriage had been really expected tr intended
there would have been no occasion for metaphors and
inuendoes, and the part es would not have indulged in cold
and indifferent language about it. Moreover, she has
spoken of their indefinable relative position, which was
inconsistent with the idea of marriage. In reference to
that position Miss Lougworth 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 character. She did not say she had told
the truth; and if there had been any truth in the statement
that there had been a promise of marriage, there would have
been no occasion for such equivocation. In fact, Major Yel-
verton had explicitly put her upon her guard against a con-
tinuance of an acquaintance which reight result in an illicit
connection; and it was an important fact, bearing upon
that branch of the case, that all the interviews between the
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 General relied—that
letter in which her last appeal for marriage was combined.
Everything showed that, up to that time, Major Yelverton
had ref used marriage. His object was clearly not marriage,
but he intimated that ho was willing to continue the corre-
spondence, cautioning her, however, as to what might be
the result of it. Site said she had a plan to propose which
would sstisiy her conscience, but which she had not the
courage 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 ho 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 refused. The
evidence was that Major Yelverton proposed that they
should be privately married in he Greek Chapel at Balak.
lava, but there was no evidence to bear out that statement,
and Major Yelverton had sworn that he had distinctiy
refused marriage. He did not propose to go into the visit to
Scotland, which their lordships had before them yeste+ day,
but he remarked upon the corre+ponoence which passed, as
utterly inconsistent, even if it was a private marriage. It
It were a secret marriage it was Lot secret from themselves,
and it was most unlikely that they would correspond with
each other without sayirg a word about the contract of mar-
riage having taken place bet weep 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.
(Before Mr Commissioner Bolroyd.)
IN RE CAILE.

This bankrupt was descrit)ed as of India Arms, Trinity-
street., Ilotherhi,he, and this was an application for release.
There were only two (Mats 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,
M Easton, the creditor, said that under the circum-
stances he should do so.

Is RE VESPER.

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

Mr J. B. Sarre'', Mark-lane, opposed on 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. Sorrell at
prey ens mewings, 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 his 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 upon to do so.

Mr. contended that there was gross fraud on the
credit ors.

Mr Oldridge, for the official assignee, said there could be
no doubt that there had been collusion, and thought the
case should be adjourned sine die.
His Honour said it was a very hard case, and the exami-
nation would be adjourned sine clic, and bankrupt would
never pass until he gave up the property or its value, but
protection would be granted for oxe 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 and the other
for armour, are already opened, and although not to be
compared with tho similar collections at Turin, Madrid,

Vienna, and Paris, nevertheless contain some interesting

specimens.

The most important news from the seat of war
are given in the Moniteur de l'Artnee. The Austro-
Prussians are said to be making great prepara-
tions. They are assembling between Kolding ana
Fredericia a body of troops said to number 3E5,000
men ; they have placed in requisition all the boats
and vessels on the coast, and as they have besides,
of their own, numerous means of transport, the
report is cuerent that they wish to seize succes-
sively on Funen and Langeland, where they hope
to find great resources-for their arc-v. The Danes
have at the present moment about 20,000 men in
Fuse n, and are preparing to oppose a landing. It
the Austro-Prussiane carry into ezeeution the pro-
jectthey will then bo not far
attributed
trom to
Zealand,
onthmwehi,ch
is
placed the city of
Copenhagen.

The Coearnittee of the Stock EL-change have ap•
pointed Monday next a special settling day in
the English and Foreign Credit Company (on all
transactions ca and after April 18), to be quoted in
the daily and in those of the Vaiencia. Slat,
Slab Company and the Ihdford Hotel Compwy to
be marked only in the twice-a,week list.