The Sun.
London, England, 1864-04-07 00:00:00

The Yelverton Case.

The Appeal Committee sat yesterday for the first time this
session, and, among other business, disposed of a petition
presented by Mrs Yelverton, for an order on Major Yelver-
ton to pay her £5OO to enable her to defend her interest in
the appeal.

Mr Stein, Parliamentary solicitor, and Mr W. Compton
Smith, solicitor, Lincoln's-inn-fields, appeared for Mrs
Yelverton ; and Mr Tippetts, solicitor, Sise-lane, for Major
Yelvezton.

Mr Stein cited various authorities to show that the rule
of law in such cases was that if a lady made out a strong
prima facie case of marriage, the Court would, before the
final decision, award her some alimony. The good faith of
the case was wholly en her side. The defences which were
pleaded were, he submitted, extremely dishonest, and, at
all events, the burden of proving them clearly fell on Major
Yelverton, and the Court of Session had decided that he
had failed in the proof. In these circumstances he sub-
mitted that a man who had thus placed himself in the con-
dition of being prima facie married must bear the burdens
of a husband in the first instance, and afford to the lady he
had deserted the means of fairly trying the case on such a
defence.

Mr Tippetts argued that the cases cited did not apply,
and that at all events tiie Court of Session, and not the
Appeal Committee, was the proper tribunal to dispose of
such an application.

The Lord Chancellor said his own impression rather was
that such applications should not be entertained before the
Appeal Committee, bnt he found from the case of Blake,
which had been referred to, that so far back as 1828 Lord
Lyndhurst had acted on an opposite principle which could
not now be disturbed. He thought that in this case the
judgment of the Court of Session must, in the meantime,
receive effect, and that this lady was for the prvent entitled
to the status and rights of Major Yelverton's wife. The
report of the committee would therefore be that Major
Yelverton should pay her £l5O, and; that her case should
be lodged in three weeks, which would insure the cause
being disposed of this session.

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