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

THE YELVERTON MARRIAGE CAS

(From the Dublin Freeman.)
COURT OF COMMON PLEAS.

THELWALL 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 bees
already reported, his lordship said that in dealing
with the questions of law now to be determined 1
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 eep
tons referred to the Scotch marriage, which NO,
purely a question of fact—namely, whether, if such
a ceremony took place at all, it was sufficient 0
constitute a marriage, and there being evidence n'
the issue, it was properly left to the jury to deter,:
mine by the Lord Chief Justice in a manner of whie
he (Justice Christian) thought it impossible to coma:
plain. He was, therefore, of opinion that, as far rt s
the first two exceptions were concerned, the con
could do nothing with them but overrule thew bo
o.
_l4
The fourth and fifth exceptions related
to Inatted
Ireland—namely,
of more interest and importance to the Peeple.„,e
the Irish Irish marriage. There
no dispute as to the performance of the cere'
mony. It was admitted that on the sth of August'
erformed i.,
1857, a ceremony of marriage was p
a Roman Catholic priest between Major leiveer-
ton and Miss Longworth, which, if
both pm
sons had been previously for tv7eds
months of that persuasion, would have nielleg
them man and wife ; and he (Justice Christian) Leo
the liberty of saying that it ought en to r
ig
bound them in conscience, in honour, ahll,, did
honesty. No one could regret more than hied
that the Court should be compelled to look be in
that ceremony. He regretted that there Was,
existence what he was glad to have heard charsc
terised at the bar as a moribund statute—although,
judging from the ordinary channels of intelligetwrel
it was as far from being repealed as ever. Ile or
gretted that there should be a statute which had
pelled the Court to confirm the assertion of a --baa
who had acted as the defendant admitted
he
not A
done; that the marriage then contracted Was ge
marriage at all, but a mockery and a fraud' his
(Justice Christian) hoped he did not transgress tat
proper province when he added that, let the resceo
of the present litigation be what it might' Was
though it was to establish that the defendant ho
bound by no legal tie to the unhappy ladY,lvinne
claimed to be his wife ; he was bound if he ha" one
spark of honour and manhood in his nature to rattast.
to her and those who had befriended her—"Warcia
ever reparation the contract which he aftervithe
entered into with another would permit. If d,
result, however, was that the verdict would atenn
he (Justice Christian) for one should be baPr i
rt
at that result. But the members of that G°lld..
had a duty to perform—they sat there t°
minister the law according to its ePirit' Care
above all, it was ice
their duty to take c'
that not even for the sake of ineted•
should law be obtained, or truth outreg
It rested with the defendant to in
date that ceremony of marriage, and be °loth
voured to do it by vesting on the statute the f
George 11. It was creditable to the reoralitY..or
Ireland that although that statute was in forceried
more than a century, so very few persons aPPeavie
to have taken advantage of its provisions. .1-'l,
lordship then referred to the case of Kirivit' be
Kirwin, from which he said two results were toted
drawn, namely :—that the statute contemPle
two intermediate classes of persons, pal';
actual Catholics, who being such, were treate bat
Protestants, because they professed to be sn' 0,.
there was no corresponding class of actual Prot to
tants—there was not one word in the statubto
about Protestants professing to be Catholics, t t
inference being in the words of the statute tbecr
once a man was placed in the legal category of Frnt
testants, nothing could take him out of it, Wei:,
his absolutely pulling himself out of it by °Pe;
public profession. The only way in which a Ins
could indicate whether he was a Catholic of n°
4,,
was by his outward acts and demeanour, the la"
did not dive into hearts and consciences. ID:
statute enacted that a marriage " celebrated bi -
Papist priest was null and void, unless the etattlS
of the parties has been for twelve months pre'
viously that of legal Catholic." His lordship theni
entered at length into the facts of the case, an
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 vel'
diet stands ; but for the purpose of an appeal the
junior judge will withdraw his judgment profelln"'
and divide with the Chief Justice and Judge 013
favour of the plaintiff.

THE LATE SIB B. G. 7IIROCK2IIOIa°

BART.

The neighbourhood of Farringdon has again to
mourn the loss of one of its worthies in the Pel.l3°
of Sir Robert G. Throckmorton, Bart., ,1
of Back's°
House, and Coughton Court, in Warwickshire'
whose death we regret to hear took place suddenly
in London on Saturday, June 28th, of "413
pectoris," at the comparatively early age of 62. ..s
Though latterly contenting himself with the qui°.
discharge of his duties as a magistrate and reside('
landowner, yet, soon after the passing of the 8e,,,
form Bill, he worthily represented this county 1'
Parliament from 1831 to 1835.
an
In 1843 he held the office of High Sheriff)
appointed as his chaplain on the occasion the late
Archdeacon of Berkshire, the Venerable Edward
Berens.
Possessing abilities of no common order, and
mind of unusual grasp and power, he improved ay.'
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 out upon any subject that arose.,
Of his religious views and sentiments this is net
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
life, and at
to interfere with the amenities of social
his hospitable table all found
without distinction of party or of creed.
a hearty welcome
ntifui impartial,
ployment of labour he was bou ,
In the dispensing of his charit.an,d the em-
and unprejudiced.
Into any
plans which he considered were for his
the real benefit of
country's good, or for his own
parish and neighbourhood, he was ever willing to
enter.
The kindly interest he took in the erection and
management of the National School—in the repair
and restoration of the parish church—in the conse-
cration of the new burial-ground—and, though last
not least, the sternness with which
he set his face
against those excesses and immoralities which to°
often disgrace our country villages, all combine to
Throckmorton the
show that we have lost in Sir R.
winning influence of a true old
gentleman '
English
and the bright example -of
a genuine Christian
character.

DEATH OF LADY EDWARD HOWARD.--
rri is
lady died on Thursday last from disease of the heart. L.'.l
public is acquainted with her from the celebrated trial
"Doyle v. Wright," concerning the personal custodY ,
her ladyship (as Miss Augusta Talbot), then a ward I
Chancery
well known to her medical attendants, was somovL
. Her death, although symptoms of disease w.eraat
sudden. Her ladyship leaves a youthful family of I'
daughters and an only son.
THE TUSCARORA. AT SOUTHAMPTON AGAiN•o-c..
SOUTHAMPTON, Monday. The United States' scre'v c
vette Tuscarora, whose exploits at this port so
s°ued
months since, in connection with the Nashville, excite
much interest, arrived in the river this day fr"lobject
then and has anchored. Nothing is known as to
been ash°,_rft:'
and called at the United States' Consulate
that all that has traspired respecting her.
her visit. Some of the officers might have
letters, but

pair
range'
last
face
too
Le to
the
'all 9

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