The Sun.
London, England, 1862-06-16 00:00:00

THE YELVERTON PIAI?I?IAG.E CASE.

The question of the legality of the marriage be-
tween the Hon. Major and Mrs. Yelverton, which
excited so much interest when it vas tried in Ire-
land some 18 months ego, is now again in course of
argument before Lord Ardmillian, c.f. the Court of
Session in Scotland. There are two actions of de-
clarator—the first, at the instance of ilajor Yelver-
ton, to have it declared that Theresa Longworth is
not his wife, and that she ought to be put to per-
petual silence as regards such a claim, and besides
be found liable in £5O of damages for advancing
it ; and the second, at the instance cf Theresa
Longworth or Yelverton, to have it declared that
she is the wife of Major Yelverton, the pursuer in
the first action. The summons in that action was
signetted June 8, 1859 ; the summons in the action
at her instance was signetted Jan. 13, 1830. The
two actions were conjoined on 18th July, 1860, and
ta proof allowed by an interlocutor of next day.
That proof was taken on commission in Manchester
and Dublin, and in Edinburgh by Sheriff Commis-
sioner Cay, and, since the passing of the recent
Conjugal Rights Act, before Lord Ardmillan as
ordinary in the cause. The proof was closed on 6th
March, 1862, and the cause sent to the debate-roll,
The whole printed papers fill a quarto volume of
518 pages. Of these, about 73 are occupied by the
pleadings in both actions, and the rest with proof,
consisting of correspondence and oral evidence, The
correspondence of the parties which has been re-
covered fills 112 pages. Her oral proof takes up
128 pages, and his 119; and she has 17 pages of
proof in reply to charges that were made in the
major's proof' against her family and her birth.
She seeks by her proof in the correspondence, and
by oral evidence of facts and circumstances, to prove
two marriages—l. A Scotch marriage constituted
(1) by solemn acknowledgment and by the parties
reading over the marriage service of the Church of
England together in Edinburgh on or about the 12th
April, 1857 ; or (2) by promise subsequente copula;
or (3) by acknowledgment, cohabitation, and other
facts and circumstances implying previous consent.
And 11. An Irish marriage on the 15th of Augest,
1857, within the chapel at Kilbroney, in the parish
of Rostrevor, by Bernard Mooney, the Ronan
Catholic priest of that parish. The Scotch marriage
is sought to be established by facts and circum-
stances tending to the conclusion by inference that
there was a contract of marriage entered into by
the parties in Scotland, or acted on by them in
that country as a completed contract, and by other
facts and circumstances bearing directly upon the
acknowledgment of marriage itself. The cor-
respondence, beginning early in 1853, and con-
tinued at intervals of two or three months,
is founded on as proceeding from friendship to
courtship, and hints of marriage, as a thing desired
by both parties, were it not for the major's embar-
rassed circumstances and obligations to his family,
and in particular to his uncle, and thus indicating
the intention of the parties to marry, if marriage
was not promised in so many words. An acknow-
ledgment of a promise of marriage is also repre-
sented to be found in it ; and it is maintained in
law, that if the Scotch marriage should not be
established on other grounds, there is proof of pro-
e of marriage in the major's writ and proof of
copula subsequens by admission, and otherwise
abundantly, and that that is sufficient of itself to
constitute marriage. The defender does not deny
the Irish marriage ceremony ; but he says it was
gone through merely to relieve her conscience, and
not to bind him, and that he is not bound by it,
as it is null under 19th Geo. 11., cap. 13, he having
been, or professed himself to be, a Protestant within
a year of the alleged marriage service. He does not
deny cohabitation, but says that they cohabited as
man and mistress, and not as man and wife.

The debate has been going on at intervals for the
last month. There was no viva voce examination
of witnesses ; but the counsel on both sides made
ample use of the correspondence and evidence taken
by commission in the voluminous papers to which
we have already referred. The case is not, how-
ever, materially removed from the ground on which
it was put on the Irish trial, while the absence of
witnesses on this occasion deprives the proceedings
of much of their lively dramatic force. It is expected
that the pleadings at least will finish this week.

THE FLOGGING IN MARYLEBONE
TVORRHOILN_E SCIIOOLS.

On Saturday at noon, the representative vestry of
the parish of Marylebone met at the Court-house,
Marylebone-lane, Mr. Peter ,Matthews in the chair,
to consider a notice of motion by Mr. Edward
Hodges, that the board of guardians be requested
to for ward copies of resolutions or recommendations
of the visiting committee of the workhouse schools
at Southall for May, with the names of such com-
mittee, together with the name and age of the boy
alleged to have been flogged by the schoolmaster,
and names of witnesses, and copies of any medical
certificate or report thereon.

A protracted discussion ensued of a most exciting
character.

Mr. E. HODGES, in moving the resolution, re-
gretted that it had reference to the management of
their extensive schools at Southall (which he feared
had disappointed the expectations of the ratepayers),
and in special reference to one of the most atrocious
cases of flogging in workhouses that had come be-
fore his notice, either in the public journals or in
that parish, since five years ago, when a similar
case occurred of flogging of women in Marylebone
workhouse, which went all over the world, and re-
sulted in a vast amount of injury and disgrace to
that parish, and brought the Poor-law Commis-
sioners upon them from that time down to the pre-
sent, a fact greatly deplored by every lover of local
self-government. In taking up a newspaper on
Monday last he observed a report, which it ap-
pears had been published in other journals, that
had given rise to great excitement in the minds
of the parishioners; and he now moved to ascertain
if the report was true, and if it was, he would
then give a notice of motion calling on every mem-
ber of the board of guardians to resign. (Hear.)

Sir J. J. HAMILTON seconded the resolution,
but he felt bound to make an explanation. He
admitted all that had been said on the subject.
A crippled boy, named Redamay, had been most
unmercifully flogged by the schoolmaster
(Mr. Crook), and his punishment had been so
severe that he bore marks of cuts and bruises now.
It was the only charge of cruelty that had been ever
brought against the master ; and though if he had
been immediately discharged it was no more than
he deserved, still the guardians thought it would be
ruin to himself, his wife, and children, and under
all the circumstances they felt that the request for
his resignation should be suspended for three months
to give him an opportunity of redeeming. his cha-
racter.

Mr. J. ABRAHAMS maintained that he ought to
have been instantly discharged, and legal proceed-
ings instituted against him as well. (Hear, and No.)
The boy in question had been visited in his sleeping
apartment in the dead of night by his master, and
beaten, cut, and slashed in a state of nudity for a
trifling offence of which he was not guilty. It was
too shameful to be suffered, and he could not con-
scientiously sit at the board with guardians who
sheltered the brutality of such an officer to a poor
crippled child. He begged leave, there and then,
to resign. (Hear, hear.)
After an excited discussion, the meeting resolved
as follows :—" That a committee of this vestry be
appointed to inquire into and report the condition
of the Southall schools in all their bearings, and the
discipline and management of the schools, and to
accompany that report if necessary with the recom-
mendation of removal of all inefficient servants."
The excited proceedings then terminated.

[ADYERTISEMENT.]-11lomentous Inquiry.—Surrounded
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pills, after silently proving themselves the best protectors
against fevers, &C., have within the last few years been
adopted by the profession and public,

LATV INTELLIGENCE.--June 14.

COURT OF CRIMINAL APPEAL.

(Before Lord Chief Justice Cockburn, Lord Chief
Justice Erie, Justices Wightman, Williams,
Willes, Blackburn, Byles, and Barone Martin
and Bramwell.)
THE QUEEN V. FLETCHER-TUE BILSTON SAVINGS
BANE FRAUDS.
The further hearing of the arguments in this case
was resumed to •day. The defendant (the Rev. H.
Fletcher) had embezzled certain moneys deposited
in the Bilston Savings Bank. He was indicted be-
fore Mr. Baron Channell at Stafford at the late
assizes for that county, when the jury found him
guilty of embezzling the money as trustee of the
hank. The defendant :was indicted under the late
Fraudulent Trustees Act, which contained the
words, trustee " under a deed, will, or instrument
in writing," Thc.,, learned counsel for the de-
fendant took an objection on the trial,
that he was not a trustee under the provisions
of the act, and the learned judge reserved the
point, admitting the defendant in the tnean•
time to bail. The ease came before the
ordinary Court of Appeal, but as their lordships
were divided in opinion, it was referred to the full
court. The case accordingly came before the full
court on Saturday, tho Pith inst., and after hearing
the defendant's learned counsel, the court took time
to consider whether they would call upon the
learned counsel for the prosecution to support the
conviction.

vV
Mr. Dowdeswell to-day submitted that the de-
fendant was a trustee created by an instrument in
writing. As treasurer, and also as secretary, he
dealt with trust funds, and held them as a trustee
expressly created. All persons dealing with trust
funds were trustees in law.
The Lord Chief Justice said there could be no
doubt that as treasurer and secretary the defendant
was a trustee, but the question was whether he was
trustee within the meaning of the act.
Mr. Dowdeswell contended that he was. No deed,
will, or instrument in writing could create a fund
to be dealt with in the manner contended for by the
defendant. It was the trust that was created and
riot the fund. The word '•instrument" means any-
thing containing an order or direction. There was
no regular form for creating a trust, and any writ-
ing or memorandum in the shape of mutual cove-
nants, without seal or stamp, was sufficient to
create a trust within the statute of frauds. The
Fraudulent Trustees Act it was intended should
have a wider signification than the statute of frauds,
and it did not contain many of its limitations. The
rules for the guidance, &e., of the trustees and the
depositors were an instrument in writing that cre-
ated the trust, and when approved of were re-
gistered. An instrument in writing was anything
that conveyed the will and intention of persons.
All friendly societies, hospitals, and other in-
stitutions, were governed by rules which were
instruments in writing, and it was the intention
of the legislature that this act should be applica-
ble to all these cases. He also contended that
this was a trust for a public purpose to bring it
within the 17th section of the act.
Lord Chief Justice Cockburn doubted, under the
rules, if this was an institution for a public purpose.
If not there was no express trust created.
Mr. Matthews (for the defendant) was heard in
reply. It was not merely a simple trust that was
necessary to support the conviction, but a trust of
property, The defendant was only liable at an
action at law.
Lord Chief Justice Cockburn said he was of
opinion that the conviction was right and ought to
be upheld. It was quite clear that the defendant
was a trustee for other persons within the meaning
of the act. This was not, strictly speaking, an in.
stitution for public or charitable purposes, but it
was of a sufficiently public purpose to support the
conviction. It was a trust created by an instru-
ment in writing, printed documents being consi-
dered written ones. The object of the act was to
prevent the fraudulent misappropriation of funds
by trustees, in their hands in that capacity. The
finding of the jury was right.
The other learned judges concurred.
Conviction affirmed.

COURT OF PROBATE AND DIVORCE.
(Before the Judge Ordinary.)
FINLAY V. FINLAY AND RUDALL.
Dr. Wambey for the petitioner.
The parties were married at Lisbon in Dec.,1833.
The husband was a master mariner, and he coha-
bited with his wife, a Portuguese, for several years
in different parts of the world. In 1840 she
eloped from Cadiz with Mr. Rudall, who was said
to be a gentleman. They went to Peru and other
places, and were found last year to be in Percy-
street, Euston-road.
The case stood over for legal proof of the mar-
riage.
VERE V. VERE.
Dr. Spinks for the petitioner.
The marriage took place in 1859, the respondent
being the keeper of a coffee-shop in Paddington.
His wife charged him with having treated her
with habitual violence, and with not having afforded
her proper sustenance for herself and her four chil-
dren. He was also accused of adultery with the
servant of the house.
Decree nisi, with costs.