The Sun.
London, England, 1862-07-08 00:00:00

THE YELVE.RTON MARRIAGE CAT.S7E.

(From the Dublin Freeman.)
COURT OF COMMON PLEAS.
TIIELWALL V. YELVERTON—JUDGMENT.

Judgment was given on the exceptions to the
charge of the Lord Chief Justice yesterday.
Mr. Justice Christian first delivered judgment.
Having stated the exceptions, which have been
already reported, his lordship said that in dealing
with the questions of law now to be determined it
was not his intention to enter into the facts of the
case, which were already sufficiently notorious, but
would at once proceed to consider the questions of
law raised by the exceptions. The two first excep-
tions referred to the Scotch marriage, which was
purely a question of fact—namely, whether, if such
a ceremony took place at all, it was sufficient to
constitute a marriage, and there being evidence on
the issue, it was properly left to the jury to deter-
mine by the Lord Chief Justice in a manner of which
he (Justice Christian) thought it impossible to com-
plain. He was, therefore, of opinion that, as far as
the first two exceptions were concerned, the court
could do nothing with them but overrule them both.
The fourth and fifth exceptions related to matters
of more interest and importance to the people of
Ireland—namely, the Irish marriage. There was
no dispute as to the performance of the cere-
mony. It was admitted that on the sth of August,
1857, a ceremony of marriage was performed by
a Roman Catholic priest between Major Yelver-
ton and Miss Longworth, which, if both per-
sons had been previously for twelve
months of that persuasion, would have made
them man and wife; and he (Justice Christian) took
the liberty of saying that it ought so to have
bound them in conscience, in honour, and in
honesty. No one could regret more than he did
that the Court should be compelled to look behind
that ceremony. He regretted that there was in
existence what he was glad to have heard charac-
terised at the bar as a moribund statute—although,
judging from the ordinary channels of intelligence,
it was as far from being repealed as ever. He re-
gretted that there should be a statute which com-
pelled the Court to confirm the assertion of a man
who had acted as the defendant admitted he had
done; that the marriage then contracted was not a
marriage at all, but a mockery and a fraud. He
(Justice Christian) hoped he did not transgress his
proper province when he added that, let the result
of the present litigation be what it might, even
though it was to establish that the defendant was
bound by no legal tie to the unhappy lady who
claimed to be his wife ; he was bound if he had one
spark of honour and manhood in his nature to make
to her and those who had befriended her—what
ever reparation the contract which' he afterwards
entered into with another would permit. If the
result, however, was that the verdict would stand,
he (Justice Christian) for one should be happy
at that result. But the members of that Court
had a duty to perform—they sat there to ad-
minister the law according to its spirit, and,
above all, it was their duty to take care
that not even for the sake of justice
should law be obtained, or truth outraged.
It rested with the defendant to invali-
date that ceremony of marriage, and he endea-
voured to do it by vesting on the statute the 19th
George 11. It was creditable to the morality of
Ireland that although that statute was in force for
more than a century, so very few persons appeared
to have taken advantage of its provisions. His
lordship then referred to the case of Kirwin v.
Kirwin, from which he said two results were to be
drawn, namely :—that the statute contemplated
two intermediate classes of persons, namely,
actual Catholics, who being such, were treated as
Protestants, because they professed to be so—but
there was no corresponding class of actual Protes-
tants—there was not one word in the statute
about Protestants professing to be Catholics, the
inference being in the words of the statute that
once a man was placed in the legal category of Pro-
testants, nothing could take him out of it, except
his absolutely pulling himself out of it by open
public profession. The only way in which a man
could indicate whether he was a Catholic or not,
was by his outward acts and demeanour, the law
did not dive into hearts and consciences. The
statute enacted that a marriage " celebrated by a
Papist priest was null and void, unless the status
of the parties has been for twelve months pre-
viously that of legal Catholic." His lordship then
entered at length into the facto of the case, and
concluded by stating that in his opinion the third,
fourth, and fifth exceptions should be allowed.
Mr. Justice Keogh coincided with Mr. Justice
Christian.

Mr. Justice Ball gave it as his opinion that all
the exceptions should be overruled.
The Chief Justice agreed with Justice Ball.

The court being thus divided in opinion, the ver-
dict stands ; but for the purpose of an appeal the•
junior judge will withdraw his judgmentprofortna,
and divide with the Chief Justice and Judge Ball in
favour of the plaintiff.

THE LATE SIR R. G. 711.ROCKMORTON

BART.

The neighbourhood of Farringdon has again to
moufn the loss of one of its worthies in the person
of Sir Robert G. Throckmorton, Bart., of Buckland
House, and Coughton Court, in Warwickshire,
whose death we regret to hear took place suddenly
in Londoc on Saturday, June 28th, of "angina
pectoris," at he comparatively early age of 62.
Though latterly contenting himself with the quiet
discharge of his deies as a magistrate and resident
landowner, yet, soon after the passing of the Re-
form Bill, he worthily represented this county in
Parliament from 1831 to 1835.
In 1843 he held the office of High Sheriff, and
appointed as his chaplain on the occasion the late,
Archdeacon of Berkshire, the Venerable Edward
Berens.

Possessing abilities of no common order, and a
mind of unusual grasp and power, he improved and
cultivated them by the most varied and extensive
reading, the result of which was that all who en-
joyed the pleasure of his society and conversation
drew instruction from his well-assorted stores of
learning, and admired the ready ease with which
he threw himself oat upon any subject that arose.
Of his religious views and sentiments this is not
the place to speak ; that he held them consistently
and conscientiously there is no doubt, and though
they differed from those of his more immediate
neighbours and friends, yet he never allowed them
to interfere with the amenities of social life, and at
his hospitable table all found a hearty welcome
without distinction of party or of creed.
In the dispensing of his charities, and in the em-
considered were for his
ever
ployment of labour he was bountiful, impartial,
and unprejudiced.
ahenfie
dt,
tohfc though
erectiongi sh
own
parish Into any plans which he
hhot
ieho_ der, ,twilling to
country'spa::ile kindly
good,neighbourhood, egnohtrebrofeuos rrt
the repair
enter.
the parish church—in
-t of the National School—in
the come-
d
manageme.._
and restoration ua _ •
t
cration of the new bur2a.,_,.. he set his face
not least, the sternness with 14114,4, • too
against those excesses and immoralities whtiu,
often disgrace our country villages, all combine to
show that we have lost in Sir RTh R. rockmorton the
winning influence of a true
old
English gentleman
and the bright example of a genuine Christian
character. ror
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wasdibne nt

DEATH OF LADY EDWARD HOWARD.—This
lady died on Thursday last from disease of the heart. The
public is acquainted with her from the celebrated trial
"Doyle v. Wright," concerning the personal custody of
her ladyship (as Miss Augusta Talbot), then a ward in
Chancery. Her death, although symptoms of disease were
well known to her medical attendants, was somewhat
sudden. Her ladyship leaves a youthful family of five
daughters and an only son.
THE TUSCARORA AT SOUTHAMPTON AGAIN.—
SOUTHAMPTON, Monday.—The United States' screw cor-
vette Tuscarora, whose exploits at this port some six
months since, in connection with the Nashville, excited so
much interest, arrived in the river this day from Cadiz,
and has anchored. Nothing is known as to the object of
her visit. Some of the officers might have been ashore,
and called at the 'United States' Consulate for letters, but
that is all that has transpired respecting her.