The Sun.
London, England, 1864-11-07 00:00:00

The Yelverton Marriage Case.

A letter signed "Theresa Yelverton," and dated Tina
trim House. October ti 9, has been addressed to the Limerick
Southern Chroniee, The writer says :—" The Scotch law
form of asserting marriage is by a declarator of the fact;
and it requires to be proved by writ or oath of one of the
contracting parties. Marriage in Scotland being a simple
consent, it can be proved like any other contract—by in-
ferenco, by repute, by circumstantial evidence, and by any
evidence which would be held to prove any other fact. Lord
Broushau states this very clea"ly in one of his luminous
judgments. He says—`lt a contract were made between
two parsons to buy a certain article for a certain price, and
the article and the sum of money should be found to have
changed possessors, it would be proof that the contract had
been accomplished. In a similar manner, if a man and
woman who had been contracting for marriage, or what is
termed courting, are discovered subsequently cohabiting as
man and wife, the conclusive inference is that they have
exchanged the necessary consent, and have accomplished
' the contract of marriage. . This is the exact point that
three to! the English law lords have failed to comprehend.
They could not see that a fact, can be proved otherwise than
by ocular demonstration ; they required more evidence to
prove a marriage than ordinary judges to prove a murder.
Possibly scepticism is the Thomas Didymus of longevity,
and octogenarians, as a rule, may be more hard of belief
from the fact of the senses being less acute ; suffice it to
say, unhappily three law lords failed to discern that the
written proof I had been advised to lay before them bore
sufficient evidence of a consent to marriage having taken
place. This, then, is the present state of the case in
transition between the proof by writ and the proof by
oath, which will be attempted when. the court meets in
Scotland. The promise of marriage contained in Major
Yelverton's letter of April 1857, and the acknowledgment
that he had accomplished that promise, in the letter of the
Christmas following, will then have to be explained with
a reasonable explanation other than the one heretofore
offered by his counsel, viz That the solemn promise
meant only " That we were to travel on the continent when
Major Yelverton had leisure I (sous entendti), and that I
was to pay the expenses and do the translation I"' (a most
ingenious way of keeping a courier), but far from conclu-
sive as explanatory of the latter. Fortunately, Major Yel-
verton had given a more satisfactory version on his exami-
nation in the witness box in Dublin—and it is to be hoped
that when again asked the question he will prefer throwing
over his counsel's ingenious explanat;on to coming under
the notice of the Procurator Fiscal this time for perjury. It
is quite a common thirg for counsel to make a plausible
case, irrelevant of all truth, if they are paid for it ; but under
the present peculiar circumstances there is every reason to
believe that Major Yelverton will tell the truth, and admit
that the promise alluded to an engagement of marriage
with me, and not to an engagement as courier and paymas-
ter combined. That the public should imagine that any
case could be positively terminated by any other cause than
the total dearth of funds shows the bliss of ignorance. "We
see litigation, like heirlooms, passing from generation to
generation, where the estate c •ntinues to sustain its cost ;

and the brightest prestige which has appeared on the hor:-
zma of my legal prospects for some time was the application
made the other day to the House of Lords by my husband's
agent, to compel me to solace his pain for the trouble he has
had with me, by giving him L 53 I They surely must be in
dire necessity before they could ask for money from me
under such auspices. The Lord Chancellor evidently neither
pitied his pains, nor his pauperism, and refused his appli-
cation. He was dismissed like any other importunate
vagrant to the refuge of the alias which the Court Journal
ot• September last assures us he still assumes. Far from
being put to silence, I claim, at leas;, a little credit for
bearing and maintaining in respectability, and free from
duns! the once honoured name of Yelvertont which the
only scion of that noble house has abandoned for an
alias

TIIE SUNNINGIIA LL MURDER.--Since the murder
of Mrs Butler in the lodge at Sunninghall Park, the scat of
Mr Crutchley, one of the county magistrates, the Berks
police, under-.21r Superintendent Iremonger, in whose dis-
trict the crime was committed, have been unremitting in
their search after the perpetratais of this cold-blooded crime.
Not a day has been lost since the inquest, and no trouble bas
been spared to find some clue, if ever so slight, which might
lead to the capture of the murderers, and these exertions
have not h3su unrewarded. It seems that last Saturday
week Superintendent Iremonger went into Buckingham-
shire and visited Great Marlow Fair, in the hope of hearing
some intelligence as to two tramps, a man and woman with
a dog, who were seen by Kentish, the Windser carrier, but
a short distance from the lodge a few minutes previous to
the discovery of the murder, While prosecuting his inqui-
ries in a low beerhouse frequented by travellers, he ascer--

rained that two tramps, one of whom had just been left by
the woman in whoa company he had been seen, the woman
being accompanied by a dog, had been arrested the previous
Wednesday for sleeping under a rick and imprisoned in the
gaol at Aylesbury for vagrancy. The men's names are Wm,
Smith and Thomas Guest, and both, it is understood, were
formerly in the Coldstream Guards. Superintendent Ire-
monger ascertained that Smith at the time of his apprehen-
don wore a blue guernsey with a white smock over it, and
that the woman had gone on to Abingdon, having left
Smith on account of his illtreatment. Furnished with this
information, the superintendent last Monday proceeded to
Winkfield, the parish in which the murder was committed,
to ace if any one could be found who could identify Smith,
but without success. On Tuesday he proceeded to Abing-
don, whither, it was stated, the woman had gone, and
searched the lodginghouse, but without result. On Wed-
nesday Mr Iremonger again went over to Winkfield, and
this time was successful in finding come one who could
identify the tramp imprisoned in Aylesbury Gaol. This
person was Frederick Smith, coachman to Lady Wiltshire,
at whose residence Wm, Smith (she tramp) had called for
the purpose of begging, and had been turned off the pre-
mises by the coachman, who declared at once that he could
p'ck Smith ott from among any number of persons. Ac
companitd by Superintendent Iremonger, the coachman
proceeded to Aylesbury Gaol on Thursday morning at an
early hour for the purpose of identifying Smith. Guest
was first called in, but the coachman at once said he was
not the maa, and he was then shown Wm. Smith, who,
dressed in prison clothes, was at the time of the visit pick-
ing oakum. The coachman immediately identified the latter
prisoner, and stated that when he saw Smith at Winkfield
he wore a blue guernsey with a white smock over it, either
a billy-cock or c tp, trousers, and old leather shoes. The
clothes worn by Smith on his admission into the gaol were
then produc 3(1 and found to coincide with the coachman's
previous description of his apparel, but the blue gurensey
was missing. 'I he clothes were examined, and one spot of
blood was found on the smockfrock, while the shirt was
clean, having lately been washed. The ricks at Marlow and
a pigstye at Littlewiek-green, where the two men slept on the
night previous to their apprehension, have been searched,
but the missing gue,osey and slick, with which the murder
is supposed to have been committed, have not been found.
Smith will, on the expiration of his month's imprisonment,
bo brought before the magistrate on this more serious
charge. lie is a man of forbidding appearance, with dark
hair and whiskers. In the meantime Colonel Blandy, the
chief of the Burks constabulary, has Kilt out parties in the
hope of finding the woman, and should they be successful
in apprehending her, it is very likely the real perpetrator of
this up to the present fate mysterious murder will shortly
be disclosed.

DISCOVERY NEAR EDINBURGU.—A few months
ago we reported the exhumation of a large number
of stone coffins in -he v:einity of the " Cat-stane," about six
miles irom Edinburgh, by Mr Hutchison, of Carlowrlo. We
have now to notice a discovery of much greater antiquarian

interest, made chiefly through the instrumentality of the
same gentleman—viz., the remains of an ancient British
town on the western side of Craigiehill, which is about a
mile distant from the former relies, on the Linlithgow side,
of the Almond river. Many years ago, when cutting a road
through Craigiehill, between Kirkliston and Cramond, the
workmen came upon a stone kist, the end of which is still to
be seen projecting from the bank over the carriage way.
Several attempts have been made by archaiologists to unra-
vel she mystery of this memento of bygone ages, but with-
out effect. Some time ago Prof. Simpson, in one e his wan-
derings, thought he had observed on the hill indications of
an ancient British city, and recently he wrote to Mr Hut-
chison on the matter, requesting him to obtain permission
from the proprietor of the hill, Mr Hope Vere, to make ex-
plorations. This permission was at once cordially granted,
and on Friday the 22d ult, Mr Hutchison examined the
hill ; and his men, after some search, came upon traces of
three walls or ramparts enclosing a space near the western
top of the hill, upon which were numerous raised circular
rings of stones, apparently the foundations of such dwellings
as our rude forefathers are known to have occupied. On
the following day Professor Simpson, accompanied by Dr
Macbean and Mr Hutchison, made a much more exten-
sive and systematic investigation, the result of which
was that They exposed portions of the faces of the three
lines of walls, and one of the raised circles inside, The)
also were fortunate enough to discover a gate which bad
formed one of the entrances to the encampment. The ram-
parts are arranged in a fort;fled manna: as parallels, and to-
wards that past of the hill from which alone any attack
could be made, the other sides presenting natural barriers
which, in those times, no invading force could have hoped
to overcome. Excavations were made behind the old stone

kist, which would seem to have been placed just outside the
city walls, but nothing of interest was found there. We
understand that ri ofe7:sor Simpson is preparing an elabo.
rate paper on the whole subject, which is t 3 be submitted
to a meeting of the Antiquarian Society during the ensuing
15051Q11,-05cotsmatt.

There are now only two meetings of any importance
to come off this season, viz., Liverpool and Shrewsbury,
The former generally secures a large gathering of the
lovers of racing. The Liverpool Autumn Meeting com-
mences to-morrow, and extends over four days. The vari-
ous handicaps have obtained large entries, and there is
every prospect of the meeting being a great success, The
Knowsley Handicap has nearly 80 horses engaged. Edin-
burgh and Anonyma look as well in at the weights as anya
thing.
The Flying Handicap is another race of the same de•
scription, having a very large entry, and the distance being
only half a mile, it is almost impossible to venture an opinion
of the probable winner, as there are always so many false
starts in these short races.
The Sefton Handicap; one mile and a quarter, has seve•
horses engaged who are ii the Liverpool Handicap, viz.,
Twilight, amanybroek, Brick, and My Maly. The whole
of them are adapted to the course, and will be difficult to
dispose of should either of them enter an appea-ance. If
any demonstration should be made in favour of Summer-
side it will be worth following, as she looks the most likely
starter of the other four. Next to her I fancy Twilight.
The Liverpool Cup has a very meagre acceptance. Seve-
ral horses who were thought to be well " in" were heavily
supported before the acceptances came out, and great su--
prise was expressed when it became known that not one of
Mr Merry's lot were amongst them. It was thought that
Costa was expressly kept for this race, Mr MelTy heir g a
staunch supporter of the Liverpool Meeting. Ner-ly all
the horses engaged have been out latoly. Donnybrook,
immediately the acceptances became known, was installed
first favourite. In fact, nearly all the bookmakers are full
against him. The confederacy have been keeping him all
the year for something, and they seem now to have got
him handicapped to their satisfaction. The Tartar belongs
to the same interest ; therefore it would be better to wait
until the day of the race to see if any demonstration should
be made in his favour, rather than take the ridiculously
short price about Donnybrook at present. That the com-
mission that has been executed about the latter is genuine
there is not the shadow of a doubt. The pull in the
weights is so greatly in favour of DONNYBROOK that,
unless his party turn round and back The Tartar at the last
moment, I expect he will have no difficulty in disposing of
the moderate field that will oppose him, The next two, in
my estimation, are THE BREWER and TWILIGHT.
A FRESH MAN.

The Alleged Frauds on the Stock

Exchange.

At the Guildhall Police-court, on Saturday, Thomas
Burrows, aged 35, stockjobber, was again brought up on
remand, charged with obtaining certain bonds by false pre•.
tences, the value of which amounted to about £lO,OOO.
Mr Charles Hopkins, jun., said he was a stockjobber, and
had dealings with the p ;Boner, Ho sold him 3,500 Turkish
Consolides, in two pare tts, for which he received a cheque
:or £l,-868 18s. 9d., which was dishonoured. He had also
sold him 5,000 Spanish certificates, which, at his request,
he hal held over. He received the cheque about a quarter
of an hour after he had delivered the bonds.
In cross-examina :on witness said that he had received
back £1,400 out cf the amount due to him.
Mr John Heseltine, a stockjobber, said he sold the pri-
soner 1,000 Con:ederate Bonds, for which he received a
cheque for £650, which was dishonoured.
Mr '1 homas Lanscey, proved the delivery of the bonds.

Mr Murray Richardson, a stockjobber, gave evidence as
to selling the prisoner £3,600 Mexican Three per Cent
Stock and £l,OOO Mex:can Three per Cent. Coupon Stock,
for which he received a cheque for £1,259, which was dis-
honoured.

Mr Laurence James Baker, a stockjobber, said he had
sold to the prisoner 500 Turkish Botch, for which ho had
received a cheque for .L 458 13s 9d, which was dishonoured.
Evidence w: 3 thea given as to transactions in which the
prisoner had sold stock and received payment in cheques,
which cheques had born paid, and the amounts paid into
the account of his clerk, which he had opened at another
bank.

Mr Sturdy said he was in partnership with Mr Baker,
and on October 14 he went to the Charing-cross railway
station, when he saw the prisoner, who had shaved oft his
whiskers and beard, end had a'so shaved his head and wore
a wig. He was with a lady at the time. 'Witness ac-
costed him, and, after some preliminaries, the prisoner ac-
companied him to his (prisoner's) brother at Barnet, when
he (prisoner) requested his brother to deliver to him (wit-
ness) the parcel which ho had entrusted to him that morn-
ing. This was done, and it was found to contain bonds to
the value of several thousand pounds. Witness did not pro-
mise that no criminal prosecution should be insthuted if the
bonds were given up. He also got from the prisoner £l5 in
bank notes, and four sovereigns. It also appeared that cir-
cular notes, to the extent of £3OO, on the London and West
minster Bank, had been recovered from the prisoner, toge-
ther with two cheques in blank drawn by his clerk, Mr
Grantham, and two railway tichote fiom Charing-oroas to
Paris.

Mr Lewis, jun., for the defence, said—There is really,
sir, no case against my client; several questions of law will
be raised, which if you decide on not adjudicating upon, I
will not address you.
Sir F. G. Moon—l certainly think, Mr Lewis, that this
is a case for a jury.
Mr Lewis—Then, sir, I will not urge any legal objection
to the charge, but leave it for a superior court. I have
spoken to Mr Mullens as to bail.
Mr Mullens—As the prisoner has been declared bank-
rupt we have no fear that he will attempt to escape. as he
would incur such great'penalties. We therefore are willing
to accept his brother as bail in the sum of £5OO.
The bail was put in, and the prisoner liberated.

ARMING THE NEGROES.—Oa Oct. 18, the
New York papers re-published on article from the
Richmond Enquirer on the subject of arming the negroes.
Curiously enough on Oct. 1,2 it is telegraphed from New
York as if it were latest iate,ligence. It is also
Stated that the Government of the state of Louisiana
recommends the measure. Without some explanation
this telegram may lead to misapprehension. Now, the
'a-aye:lament of Louisiana recommends the arming of
some of the negroes as a species of retaliation, and as a
means of protecting the coloured race. The Federals
have kidnapped a large number of negroes in Louisiana
for their armies, and have treated the negro women and
children with the most horrible barbarity. It is there.
fore suggested that the negroes should be armed, and
necessarily admission into the military service of the
Confederate States will free them and their children.
'the _Richmond Enquirer, like the rest of the Southern preis,
is an independent organ of public opinion, and what it re-
commends has no official stamp. But there is good sense
and earnest patriotism in what it says about arming the
negroes. The South is fighting for independence, and
for that cause the insti ction of negro slavery wilt be
given up. If the North is to win, then negroes will
pass into the hands of the Yankees, therefore if any
danger arises of the North over-running the country, it
will be politic to arm the negroes. If all the whites are
enlisted, Virginia will fight the invaders with her blacks.
The Enquirer, which, like the rest of the Confederate
press, is always discounting defeats and manfully pre-
paring for the direst extremity, recommends that Congress
should authorise the Government to purchase 250,000 slaves,
enlist them in the army, and of course free them. We do not
see any probability that the Confederate Congress will adopt
this advice, because there is at present no need of such a mea-
sure.T he Confederate armies were never numtrically strop ger
than at this moment, and the Northern Government never
found it more difficult to recruit its rapidly and continually
depleted ranks. Sill there are conceivable contingencies
in which the negroes might be armed. If after another
four years of war the South is half as badly off as the
North now represents her to be, or even if she is as hard
pressed as were the colonists in the first war of indepen-
dence, the negroes may be called upon to fight for home
and country, for life and family. That freed negroes will
fight vastly better for their Southern masters than for
their Yankee kidnappers is past questioning. It seems to
us altogether improbable that the Confederates will have to
enlist negroes. Still the battle is not over, and all other
sources failing, the Confederates have the card in their
hands of "arming the negroes."—lndex.
SALMON IN THE WEAR.—During the past week,
the dam on the Wear at West Mill has been a
place of considerable attraction, owing to the large number
of salmon which were to be seen vainly attempting to leap
the dam. On Sunday afternoon last, a vast concourse of
people were walking to and from the dam to witness this
unusual spectacle, and to many a great novelty. Owing
to the Wear subsiding a little after the recent heavy
rains, the salmon made their way up the river in large
numbers. This dam, however, appeared to interpose an
insurmountable obstacle to their further progress, and it
was positively painful to see the number of large fish which
were perseveringly endeavouring to surmount the dam.
There appeared to be some hundreds of them, but no one
had heard or knew of a single instance of the fish
succeeding in getting over the darn. The water was not
running very strong, yet no sooner did one rise out of
the water and dip in again until it was thrown back over,
and turned about like a piece of stick floating over the
water. Some odd ones might struggle up the ladder,
lent the great majority would be compelled to return
down the water.—Durham Chronicle.
RAILWAY ACCIDENT AT DERRY.—Another serious
' accident on an Irish railway occurred on Friday evening.
It appears that the special train with the Canadian mails
' arrived at the Londonderry station shcrtly before 3 o'clock,
and ran into a train which was about to start. A third class
carriage was broken, and five or six of the passengers were
injured, though not badly.