The Sun.
London, England, 1861-02-26 00:00:00

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Mr. Brewster—That is what I do not wish to do.,

Chief Justice (to the witness)—Did anything-
aiproper take place on that occasion ?
Witness—There.did not,.my lord., . ,
. Cross-examination -.centinucd—l thought that,
so far as the law of Scotland was concerned, I was
bound to Major Velverton. He said the reading
of the marriage service. was a perfect marriage
between us. 1 said it, required the performance of
the sacrament. - lie replied-that parties conferred
'the sacrament on themselres, and I was opposed
to that idea. lie insist ed, after
.that
ceremony, on
enjoying.the,rights of a- husband, And I objected
to it. I considered it would be a-sin to lire with
hint iii that marriage. ' -If no ofter nianiogd had
', taken place, I never- would have allowed him to
enjoy the rights of a husband if I had known as
m not as Ido now. I •wotild have lived with him,
as I have been told by a clergyman' that it would
not have been a sin to have -lived--with-him. • I
have heard that since these proceedings com-
menced.
Mr. Brewster—Believing, as you did, from his
statement that he was not a Protestant, that he did
not believe in Protestant doctrines, and that ho-did
believe in Catholic doctrines, were you at all sur-
prised at his reading: the Protestant, ceremony to
you ? -
• Witness—That was onlyby accident.- The book
was lying on the table. If it had been a Catholic
book he would have read it the same. He must
have read the marriage ceremony out of the Prayer-
book. - -
The proceedings were: again adjourned to this
day (Monday.) .
_ _—

,RICE 4D. STAMPED, SD.

EXIRAORDINARY MARRIAGE CASE.

The Yelvcrton marriage case, which attracted so
much attention a short time ago, came before the
Dublin Court of Common. Pleas, on Thursday,
the shape .of an action brought by Mr, John F.
Thelwall, against the lion. Major Yelverton, " to
recover a sum of £239 17s. '3d. for board and lodg-
ing, and necessaries supplied to the defendant's
wife and her servant."
Sergeant Sullivan, having stated the plaintiff's

case,
Maria Teresa Yelverton, or Longworth, was the
faut witness examined. She deposed to the facts
of the first acquaintance and the marriage.
On Friday she was cross-examined by Mr.
Brewster.

Mr. Brewster—Upon your oath, is not this your
action ?—lt is Mr. Thelwall's.. We have an equal
interest in it. Mr. Thelwall is interested in getting
his money, and I am interested in having my cha-
racter vindicated. Odic force is, I think, a kind of
animal magnetism. I' believe in animal magne•
tism as a science not yet thoroughly developed. I
have felt its influence. I think it leads.us to feel
an attraction towards some peopY3 and, aversion
towards others at first sight. -I met Mr. Yelverton
on my return from Boulogne in the steamer. It
was in the evening ; night had fallen. There were
two ladies and another gentleman with him. The
ladies stayed on deck all night. Nearly all the
passengers did so. It was a very warm night.
My sister gave me an extra shawl. Slie threw it
on board, and Major Yelverton caught it and
folded it up. Major Yelverton, who sat near me,
put a plaid over his knees and over mine at the
same time, I cannot describe how near we were
to each other. It did not cover our shoulders, but
our knees. I took a great fancy to that plaid sub-
sequently. He described it afterwards as preserving
the magnetic influence which it received that
night, and I was anxious that it should be pre-
served. The ladies bid me good bye when we
arrived in London. Major Yelverton got a cab for
me. He did not get into it along with me. I saw
him on the following day. I swear that he did not
come to my house and dress there. The house I
went to was the Marquis of Lavinnier's. I told
him where I was going to stop. Ile asked might
ho come to see me, and I said he might. I cannot
swear that I saw him twice in London, but I
believe I did. The day I saw him on the packet
was the first time I saw him. He told me his
name, and that he was an officer. I don't know
whether I fell in love with him on that occasion.
I cannot say whether it was or was not on that
occasion I fell in love with him.
Mr. Brewster—You say in one letter that you
always return to your first love. What would a
gentleman think of receiving such a letter from_ a
lady—what did you mean by it ?
Witness—lt was merely that I wanted to renew
my first impressions. They were not love or
hatred. Major Yolverton had said that he would
come to Naples, and I was afraid I would have
missed him. I should have been glad to see him—
he had expressed a wish to see me, and I said I
would be glad to see him. (Here a printed copy
of the letters was handed to witness, who was
examined as to the meaning of words used by her.)
Mr. Brewster—How did you begin the next
letter?
Witness—My dearest Charles. Eta arreirlai f
To -Mr. Brewster—l had only seen him once or
twice before I wrote that letter. I had been 12
hours in his company travelling from Boulogne.
If you should be in the company of a person travel-
ling for 12 hours you would know him much better
than by a morning call.
A letter was then read from Rome, in which wit-
ness stated that she had been requested by a cardinal
to go into a convent, whereupon witness showed a
pair of pistols as her life preservers.
Witness explained—The cardinal called on me,
and said there was a very nice convent in the neigh-
bourhood, in which were a number of English
ladies, and asked me to go and lodge there. He
said to me I should. I said I would not, and pointed
the pistols at him, which were on the table. He
said, " Oh, don't," and got up to run away. (Loud
laughter.) The pistols were loaded, but not capped.
[ I otter of the 19th July, 1854, read.]
])id you ever tell the Rev. Mr. Mooney of Ros-
trevor that Major Yelverton was a Protestant ?
No.
Now, I put it to you, did you ever tell him so
under the seal of confession ? (Great expression of
disapprobation in court.)
Sergeant Sullivan—That is a most extraordinary
question. We said we would produce the Rev. Mr.
Mooney.
The Chief Justice —She may decline to answer
it; but she is at liberty to answer it if she pleases.
Witness—l will answer the question if your
lordship wishes.
Chief Justice—l have no wish on the subject.
You can answer it if you please.
Mr. Brewster pressed the. question.
Sergeant Sullivan—The question is now pressed,
my lord. I will release the seal as far as I can.
Witness—l have no objection to answer the
question ; I never did so, in confession or other-
wise. (Loud and prolonged applause in court.)
Mr. Brewster—Well, my lord, if this is a court
of justice—
Mr. Sergeant Sullivan—But when such a ques-
tion is put—
Chief Justice—l confess I have never before heard
such a question put.
Mr. Brewster—l admit that ; but in a desperate
case—
Chief Justice—lt may be a desperate case, but I
never heard such a question put.
Mr. Brewster—l would not ask such a question
of a clergyman.
Chief Justice—lf a clergyman is asked what was
told him under the seal of confession, the rule is
that he is not pressed if he declines to answer, and
I think the same rule applies to penitents.
The witness, in reply to Mr. Brewster, said—
Mrs. Straubenzie was very much attached to me,
but Ido not think she liked Major Yelverton. I
wrote in one of my letters that she was disappointed
at his "not going to the finale." That means that
I was not married. I was not married because I
did not accept the proposal to get married in the
Greek church at Balaklava.
At this stage of the proceedings the case was
adjourned till the following morning.
SATURDAY, Feb. 23.
Long before the opening of the court on Saturday
a large crowd had collected, eagerly pressing to get
good places, and, when admission was granted, a
tremendous rush into the galleries and every other
available spot of the court took place. The Lord
Chief Justice sat at a quarter to eleven o'clock.
Lord Avonmore (as he has done since the commence-
ment of the trial) occupied a seat on the bench.
Mrs. Yelverton having taken her seat in the wit-
ness-box, her cross-examination was resumed by
Mr. Brewster—l look at the letter of the 2d of July.
I see the statement that " all the troops are off
from the Crimea." Major Yelverton asked me to
wait for him for three months, and I promised to
wait for him at Belbec. He said he would take
me as his sister to Monastir, where Alcide had a
property.
One letter had this passage—" I think I now
begin to understand your meaning and my own."
That was to consent to a private marriage, and
that she would keep it secret if she promised to do
so. She explained that Mr. Yelverton had one-
half of the plaid and herself the other. This was
like the custom in country places of breaking a six-
pence, one party keeping one half and the other the
other half. When they were married she asked
Yelverton for his half of the plaid, that she might
sew it up. He said he wished to wear it near his
person, and that he had cut a hole in it to throw
over his head. (Laughter.) Mrs. Yelverton read
a letter from Major Yelverton, which was in
Italian, and contained the following passage
" Be the welcome one.—Yours, dearest, CARLO.
At this stage of the proceedings the witness
burst into tears, and leaned over the witness box
for some minutes. There was an adjournment of
the court for some moments.
The Court, on resuming, proceeded with the
cross examination of the witness—l believe strin ly
in the doctrine of the Catholic Church, and I attend
to its practices. Marriage is a sacrament in the
Catholic Church. I proposed to Telverton at
Edinburgh to have the marriage celebrated accord-
ing to the Catholic rites. He declined to have the
marriage so celebrated unless he could do it with
safety. He told me part of his people were Catholic,
and part Protestant. He said his father and mother
were Protestants. I knew he was the son of an
Irish peer. I would have married him just as soon
if he were a Protestant.
If he had acceded to your proposition of being
married by a Catholic clergyman in Edinburgh,
would you have suggested to him the propriety of
going to confession ?
Witness—Yes. I remember Major Yelverton
coming on board the steamer when I was leaving
Edinburgh. H 3 came into the cabin on that occa-

,FALLING 1N OF A TUNNEL:--ASEVZN
NI?N BURLED ALIVE.

•
SHEFFIELD, MONDAY.
lolinthgeamcciiddelanntdocncuarirlwedayincoSmhdffipaneyld, thisand
morning, by the falling in of a railway tunnel. The
tunnel to which the accident occurred is the one
belonging pngainig.at
connects that line with the Manchester, Sheffield,
and Lincolnshire Railway, running from the
Wicker-station across Occupation-road to the june-
tion with the Manchester line at Tomcross-lane.
' The accident has been caused by the excavations
for some extensive stabling premises which are
being built for Messrs. Hunt, carriers. These pre-
mises, which are closely adjoining the tunnel, are
partially erected. The large excavations on one
side of the tunnel have caused the 'superineumbent
earth on the other side to press with much greater
force on that side, and the. consequence has been
that that side of the tunnel has given way and been
forced in. The process of giving way is curiously
perceptible in the tunnelling left at each end of the
spot where it has fallen in, the tunnel being bent
from the perfect round, and partially collapsed, like
the side of a partially-crushed egg-shell. About
30 yards in length of the tunnel has fallen in. The
exact number of the men working on the spot and
who are missing is not known, as some fresh hands
had been set on this morning. Probably altogether
seven or eight were buried under the ruins. Informa-
tion was given at the, police-office, and Mr. Jack-
son (the chief constable) was promptly on the spot,
with a body of men to- preserve order. Under
his directions, conjoined with those of Mr. Rey-
nolds, the builder, the other men on the place set
themselves energetically to work to recover the
bodies of their comrades. By ten o'clock.they had
recovered two, one dead, and another narged
Lambert, crushed about the head. He was imme-
diately sent to the infirmary. At this point, how-
ever, Mr. Cobby (the Midland Company's
_superin-
tendent in Sheffield) interfered, and ordered the
men to desist from digging, on the ground that
there was no danger of a further fall. it may be
mentioned that the point at which they were
digging (where one of the bodies was found, and
where the eye-witnesses of the accident stated that
some of the other men were buried) was a spot in
the middle of the ruins, and some distance from
any place where any further falling materials
could be disturbed. Mr. Cobby refused to allow
the excavations to go on until an engineer had ar-
rived from the central offices at Derby ; and for the
purpose of getting the engineer, he immediately
sent a telegram. In the meantime the bodies lay
under the ruins. This was about ten o'clock. In
the course of about three hours, Mr. Reynolds
determined to contAine the work of recovery on his
ohNO.11)1e aouftrheocroi‘tye
r;ialingd
al
ii3ey doifd
the so;
menb ut there t any
hope
lost. now. The man got out. is not bNlly hurt.
He
was only partially buried, and was extricated -with-
out much ditli:ulty. Most of the men who fell
were engaged on the top of the tunnel it carrying
materials, &c., for the adjoining building. -Others
were on the building itself, and feeling soniething
giving way under them feared it was the bur'lding
which was falling, and they rushed from it to ,the
top of the tunnel, and were precipitated with it.
In addition to those recovered, it is believed tit'
there were buried James Maloy, William Booth,
Henry ; Booth, Samuel Lawton, a man named
Harding,work-
men were
pa
rnodc e
e d ing another
w twith
whoseth e
workname
fi s
excavation. unkno w n
At the time our parcel was despatched the work-

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