The Sun.
London, England, 1861-12-31 00:00:00

THE YELVER7'ON MARRIAGE CA tE,

The fo Lowing judgment has been pronounced by
Lord Ard millan, Ordinary in the Court of Session
in Scotian I, disposing of all the appeals and objec-
tions taken. in. course of leading the proof adduced
on behalf of Itajor Yelverton :—" Edinburgh, Dec.
21. The Lori I Ordinary having heard parties' pro-
curators' on arlpeals in Major Yelverton's proof, and
made avizand um with the debate and process—
repels' the oh Tection taken by the pursuer of the
declarator of t larriage to the question put on page
13, G ; page lb:. G ; page 16, E, G, B ; page 17, B ;
sustains the objection of the said pursuer at page
17, G, to the production of a letter and envelope, the
same not bein,', proved: repels the objection by the
said pursuer on page 23, E and F; page 24, A;
page 25, G; pagia 28, F and G : sustains the objec-
tion taken by the pursuer to the question put to
Miss Yelverton on pate 33, G, and 34, A, and dis-
allows the said quasti on : repels the objection by
the pursuer on page 39, E : sustains the objection
by the pursuer on page 43, C, and disallows the
question, the same having been withdrawn by the
pursuer: repels the objection by the pursuer on
page 67, F; sustains the objection by the pursuer
on page 76, D, to the defent.lers putting in evidence
the excerpt from the order ho,* of John Purdie, of
Aug. 26, 1857, and the excerpt from the day book
of John Purdie, of Oct. 30, 1851',. in respect that
the same have not been proved tt,' apply to the
pursuer : sustains the objection by the pursuer to
the competency of adducing as a witness for the de-
fender Mr. James B. Tippetts, solicitor, at page 70,
F, in respect that Mr. Tippetts was an agent for tiara
defender in this action, and appoints so much of the,
testimony of Mr. Tippetts as bad been recorded to
be withdrawn as incompetent; sustait2s the objec-
tion by the pursuer to the competency of adducing
as a witness for the defender Mr. Edward W. Bin-
ney, solicitor, at page 82, F, in respect that Mr.
Binney was an agent for the defender in this action.
In respect that all the other appeals and objections
have been withdrawn by both parties respectively,
dismisses the same, and affirms the delivervace
appealed from, and allows the questions objected to.
In all the instances in which,,,by this interlocutor
the objection has been repelled, and in which the
evidence was taken on paper apart, appoints the
sealed packets respectively to be opened, and the
contents thereof to be added to the proof.

" JAS. CRAUFIIRD."

None—The Lord Ordinary is unable to perceive
how the evidence in regard to the parentage, con-
nections, or legitimacy of the pursuer of the decla-
rator of marriage can have any direct or material
bearing on the real merits of this action, since it is
not alleged that the early history of the pursuer
was known to the defender ; and it is to be regretted
that such an inquiry, being of a collateral character,
has been entered on. The pursuer is entitled to•
justice whatever be her lineage or her connections,
and whether she is legitimate or not. But the de-
fender, to whose proot on the subject the pursuer
now objects, did not, either in statement or in proof,.
originate or introduce the inquiry. In the Ist and
29th articles of the revised condescendence for the
pursuer of the declarator of marriage, and iu the Ist
and 27th articles of the revised statement of facts
for the same party, as defender of the now conjoined
action of the declarator of freedom, she has averred
her parentage, and her " ancient family," and a
"social position" equal to that of Major Yelverton.
These statements are not admitted. The pursuer
accordingly commenced her proof by calling a wit-
ness to instruct them—viz., the Countess de Prins-
say, who describes herself as the aunt of the
pursuer, and who, in answer to questions put by
the counsel for the pursuer, makes statements in re-

gard to the family, the connexions, the social

position, and the character and conduct of the pur-

suer. These statements form part of the pursuer's
proof. The defender, Major Yelverton, afterwards
proposed to follow the pursuer into the ingairy
which, both on record and in proof, she had origi-

nated and introduced, and to lead evidence on the

subject. The defender was under the necessity

either of leading such proof, or of holding the pur-
suer's averment on the subject to be instructed by
the testimony of the witness whom she had adduced.

It is under these circumstances that the pursuer has
objected to the defender's proof as irrelevant and not

pertinent to the cause. The Lord Ordinary, though

not attaching much weight to the inquiry, is unable
to exclude it by sustaining the pursuer's objection.
She made averments, and she led proof, on the sub-
ject; and after having done so, she cannot now be

permitted to object to an inquiry as irrelevant
on which she thought fit to enter.

COUNTRY MARKI, iS.

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COLCHESTER—DEc. 28.

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A small supply of grain, which was taken off at the
full prices of last week. Barley again scarce, and the beat
samples Is higher than last market day. Beans plenti-
ful, and is cheaper. Peas about the same in price.
Wheat, white ..54s 68s Beans, Mazagan ..36s 40s
red 46s 64s middle & small.4os 44s
Barley
36s 42s Peas, white ...... 38s 40a
Oats

GLOUCESTER--DEC. 28.
A moderate supply of English wheat, which sold slowly
at is under last week's prices. Foreign also met a slow
demand. Other articles rather dull.