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

THE YELVERTON CASE,

HOUSE OF LORDS.
YELVERTON V. YELVERTON (OR LONGIVORTII).

This morning, at 12 o'clock, this case was called on
before the Elou,e of Lords.

Mr Rolt,,Q C , in commencing his reply on behalf of the
Hon. Major Yelverton, the appellant, said that during the
atjeurnment he had been able to oundense his arguments.
and hoped their lordships would hear with him through the
observations he had to make, which should be strictly per-
tinent to the questions at issue. The learned counsel went
through the ea.!), histoty of the case with reference to
the promise, which, he urged, had not been proved, and
the respondent's counsel had failed to ' deduce
it. The cases that had been cited were under
decidenly diff ten circumstances, and not entitled to
the weight that the Lord Advocate had rested upon them.
With regard to the meeting in Scotland, it was absurd to
suppose that the respondent was not aware of the law o
Seotland, and had marriage been intended she would have
taken care to preset we some strong evidence or that mar-
riage, according to the law there, and also in Ireland it a
secret marriage had taken place there or elsewhere.
There must be mutual interchange of consent in Sc ,t-
-land, and their lordships must have evidence of when
the interchange took place, and that must bo when
the copula took place, cr immediately before. (tie (Mr
Molt) took it that it would be their lordships' judEtnent
that the promise must take place iu Scotland, and could nor
be carried into Scotland to be the foundation of evidence ot
the marriage. He pre-supposed the promise must be
seriously made ; but it a woman surrendered herselt with-
out marriage she kneW she was committing fornication,
and no marriage.

Lord Brougham—The copula mast be with the intent
of consummating the marriage.

Mr Reit put —his prop te.tion to be that there was a
serious promise, and that the parties must consider it to
be so. Had the promise been made and copula fol-
lowed, then the law considered that as the
mutual interchange of consent. Noting the alleged
promise and the correspondence, their lordships
would not look at a single letter er a single passage, but the
entire correspondence, and unless it proved that tne appel
lent stood towards the respondent in the character of an
accepted lover there was no proof of the promise. The
learned counsel at much length proceeded to cite some caree
with regard to a promise de flaw's. That was an arbitrary
and positive law, which did not consider an interchange to
consent as copula assured it, but upon the orpiment on the
other side, even taking their statement to be true, it would
seem that if a mau promise to marry a woman while they
were on a voyage from India, and attel waras cohabited tot
one night in Scotland, that would be a marriage according
to the law dt &ottani ; and it would be most important
that the judgment of the Huuse of Lords should be well and
maturely considered when so large an interest was involved
Referring to the marriage of habit and repute, the illicit
connexion between tne parties had a considerable bearing
upon the law of the case, of which he would treat presently.
As to the illicit intercourse, and how tar it effaced the pro
wise, he (Mr Roll) should urge without fear of contradic-
tion that the law made it, that a promise made during
illicit intercourse was not a valid promise. The Attorney
General had argued that nu intercourse lied taken place in
Iteland until a. ter the scene which took place in a chapel at
Roetrevor, but no one but the Attorney- General could have
that opinion if they read one tittle 01 the evidence. The
facts, the circumstances, the documents, everything might be
construed to prove, if hey proved anything, that there was
a genera promise subsequent to or during the time of the
illicit intercourse; but, even looking at the letters and
words, their lordships would remember that promise was
one thing and intention to promise another. The learned
counsel read portions of lettere supporting his views of Oar
case, and cited fue ther cases on the effect of copula
atter promise or la, fore as the case might be.

(The case was proceeding when we went to press.)

SHIPPING-THIS DAY,

LONDON, July 7.—Wind this day at, noon—North-
W.st; moderate breeze and fine weather, but a little
cloudy.

PLYMOUTH, July 6.—Wind S.W.—Arrived—Briton,
screw steamer, from Southampton. Sailed--Blink Bunny,
for Bermuda.

FALMOTJTH, July 6.—Arrived—Pomona, from Rio
Grande for Berwick.

Orr FALUOUTII, July 7.—Arrived—Denmark, from
Rangoon.

CARDIFF, July 6.—Wind N.W.—Sailed—Stuart Wort.
ley, fur boaugh4i.

LLypz, July 6.—Wittd S.W.—.3xiled—Leven, for Ma-

tanzas.
QUBENSTOWN,' July s.—Wind S.W.—Arrived—Calmo,
from Quebec.

(BY MAGNETIC TELEGRAPH)
GRAVESEND, Thursday Morning.
Arrived, July 6—Dingat, steamer, from Dantsie—Citizen,
murmur, trout Bordettux.
Arrived, July 7—Eirl of Auckland, steamer, from Rot-
terdem—Ct.rissa, trout Nassau-1)441:m, Crum Christians
—Barou Osy, steamer, trout Antwerp.
bailed, July 7—Seine, steamer, for Boulogne—Seine and
Temise, steamer, for Paris.

DEAL, Tnursday Morning,
Passeee—Wm. Cory, from Cardiff, tor Lexicon—Hawk,
screw steamer, trom north, for roust—Caniz, steamer, iron,
Cadiz, f, London—Dieppe, screw steamer, horn London,
for Berwuna—Furtuua, trom Shields, for Alexandria—
Chance at Diner, from west, for north.

A St. Petersburg letter, in the Gcncra Corns
ponclanle of Vienna, says :—" The Russian Cabinet
takes advantage of the dissolution of the Conference o
I,ndon to address to its diplomatic agents a circular de-
spatch, in which it explains the ideas by which its policy iL
that assembly was guided. The unusually friendly tone o
the despatch towards Germany is spoken of, and the docu-
ment will openly proclaim the neutrality of Russia in tht
Dano•German conflict The aware of henceforth main
wining that neutrality will al.o be alleged as the motive to
the abandonment of the Rus_dan pretensions to successim.
in a portion of Holstein, lu favour of the younger branch
:IGldent urg.'