The Sun.
London, England, 1861-03-05 00:00:00

DUBLIN, 6.30.

THE VERDICT.

His lordship concluded his charge at 6 o'clock.
The jury having returned into court at twenty
minutes past 6 p.m., in answer to the Chief Justice
stated—first, they had found the Scotch marriage a
valid one ; and secondly, that there was a good Irish
marriage. The Chief Justice asked them if they
found that defendant was a Roman Catholic, to
which they replied that they had.
On the announcement of the -verdict the excite-
ment of the audience burst into applause, which
was continued for a short time, and which was taken
up by the immense crowds outside the courts and
along the quay.
On the verdict being made known to the thou-
sands of people who were congregated on Inns
Quay, and who lined the sides of the river for a con-
siderable distance, they took up the cheers of those
within the Four Courts, and the enthusiasm was
most vehement.

The scene in court was beyond all description.
Mrs. Yelverton was in one of the chambers of the
court. The horses of the carriage waiting for her
were taken from it by the crowd, in order that they
might draw her to the hotel where she is staying.
The case is the great topic of discussion throughout
the city.
One of the most remarkable effects of the Yelver-
ton marriage case is the extraordinary demand for
newspapers. It was quite impossible to supply
this demand in Dublin. The printing machines
were kept at work almost incessantly, and yet the
papers were sold at a premium. The newsvenders
had a regular harvest, penny papers- being- sold by
them readily for 6d., and in some instances they
got a shilling a copy. The Daily Express, the
only daily with a double sheet, was specially in
demand. This journal devotes 25 columns this
morning to a report of Saturday's proceedings,
which consisted only of the two speeches on evi-
dence by Sergeant Armstrong and Mr. Whiteside.
To the eloquent speech of the latter gentleman the
Express devotes 17 columns. The freeman gives
him 11 columns, publishing a supplement for the
purpose.

(From the Times.)

We direct attention to the extraordinary cause
which has just been tri,xl in the Dublin law courts,
much less on account of its strange incidents than
because it illustrates with striking clearness the
uncertainty of our law as it bears on the gravest of
social relations. The facts of the case of " Thelwall
v. Yelverton," so far as regards their general inte-
rest, may be detailed in a few sentences, though a
judge remarkable for acuteness and despatch was
engaged nearly a fortnight in hearing them, and, as
given from the lips of the actual witnesses, they
seem to have formed the most moving of dramas.
The action was brought by the nominal plaintiff
against the Hon. William Charles Yelverton, the
heir to the Irish peerage of Avonmore, and a
Brevet Major in the Royal Artillery, for the pur-
pose of trying before a jury whether Major Yelver-
ton, who in June, 1858, had contracted marriage
with a lady in Scotland, had not previously married
another lady, then named Maria Theresa Long-
worth, who, of course, was the real complainant.
We should add, perhaps, that the present action
wasincidental to a formal suit, now pending before
a Scotch tribunal, with the view of settling the
same question, but in which the parties interested
in the issue can only proceed upon written testi-
mony.
It appears that in August, 1852, William Charles
Yelverton and Maria Theresa Longworth became
acquainted by mere accident upon the passage from
Boulogne to London. The gentleman was in his
28th year, and the lady, if we may judge from her
letters and from the interest her appearance has
excited, must have been attractive, and even fasci-
nating. The. night was passed by the pair on deck,
a plaid forming their common protection ; and the
following day Major Yelverton found himself the
visitor of a relation of Miss Longworth, and spend-
ing some hours in that lady's society. A few months
afterwards a letter from Miss Longworth, addressed
to her cousin in Albania, but sent with " a formal
Yelverton,'
note" to Major who was asked to post
it at Malta, where he was quartered, induced
a renewal of the acquaintance ; and from this
time till the autumn of 1855 these two young
persons corresponded with each other, without,
however, any actual meeting. The tone of the cor-
respondence is peculiar—a mixture of gossip and
badinage, indicating great ability, but not too much
delicacy or feeling, in the lady. In 1855 Miss
Longworth, being a Roman Catholic, undertook the
duties of a Sister of Mercy in a French convent at
Constantinople, having previously been made ac-
quainted with the fact that Major Yelverton was in
the Crimea, and engaged on service in the British
army. At this convent a lengthened interview
took place, at which, according to her version, the
gentleman made an offer of marriage, and, accord-
ing to his, " he formed the idea of making Theresa
Longworth his mistress." The scene shifts to the
camp in the Crimea, and there some further love
passages occurred, while the lady was under the
care of the wife of a general of brigade, who must
have remarked Major Yelverton's advances, and of
course must have believed them honourable. After
this Miss Longworth embarked at Balaklava, and
I she positively swears that on this occasion, at night,
and again on the deck of a steamer, she received a
proposal of instant marriage, to be celebrated at the
Greek Church of the place, with no condition but
that of secrecy. This offer, however, she states she
rejected, a Greek Church being out of the question
in the case of a marriage with a Roman Catholic,
although from this time she firmly believed an
union with Yelverton would soon be accomplished.
Major Yelverton gives quite an opposite account,
detailing a scene so gross that we cannot allude to
it ; and from this time till the spring of 1857 Miss
Longworth and he had no personal intercourse.
Many letters, however, had passed between them,
betokening, certainly, in our judgment, an ardent
attachment on her part, and on his a gallant, though
less passionate, feeling ; and it should be observed
that when returning to England, instead of passing
through Constantinople, where he well knew that
the lady was, he took the route of the Danube
Vienna, for the purpose, as he says, of avoiding
danger. In Feb.,1857,he was quartered at Leith Fort,
near Edinburgh, and while there Miss Longworth,
in the company of a lady who has since become a
Sister of Mercy, once more sought him out and
renewed the acquaintance, and law him repeatedly
at different places. On one of these occasions the
lady deposes that Major Yelverton, while at her
residence, read over with her the English marriage

service, and declared thet they were husband and
wife; no witness, however, was present at the act,
although it was immediately communicated by her
to her - companion. She admits, moreover, that
whatever was the rite, it was not followed by the
consequences of marriage; and that. though she
conceived it a legal obligation, she declined to bye
with Major Yelverton as his wife until married in
a Catholic place of worship. All this Yelverton
peremptorily contradicts, insisting that an illicit
connection had been formed at Edinburgh at this
period. Events followed in quick succession which
have led to a most unfortunate issue. At the close
of July 1857, Miss Long worth mst Major Yelverton
at Waterford for the purpose, according to her state-
ment, of clothing the quasi-nuptials in Scotland
with the sanctity of a Roman Catholic ceremony.
A difficulty arose respecting a dispensation for the
non-publication of bens between the parties, and
the pair travelled towards the north of Ireland,
through Thomastown, Malahide, and Newry, until,
upon the 15th of August, they were privately mar-
ried by a Roman Catholic priest in the neighbour-
hood of Rostrevor. With one very important excep-
tion, to which we shall hereafter recur, there is
little difference in the evidence on either side so 'far
as regards this marriage ceremony; and it must be
taken that these persons were united, according to
the forms of the Church of Rome, in a solemn though
both
oscarcely e
agree
regularthat t h
emyalni
vneedr .t
01; root —s
man
wife
w ard;
the lady, however, positively declaring that, until
after the Roman Catholic marriage, there had been
no cohabitation, but Mr. Yelverton pledging his
oath that they had cohabited during all the course
of the previous fortnight, and further, that his only
intention in'going through the rite at Rostrevor was
to ease the conscience of a scrupulous paramour.
Some months were spent in this curious connexion.
The lady, bearing the gentleman's name, was intro-
duced to her friends in Scotland, and received ap-
parently the status of a wife ; she was regularly
described as Mrs. Yelverton in a Scotch hotel-book
and a French passport ; and at length, early in
1858, the pair found themselves in lodgings at Bor-
deaux, where Yelverton soon thought fit to leave
her. Before this time some differences had sprung
in
sisted
upon The lady, believing herself enciente,
upon an avowal of the marriage, while Yelverton,
putting her off, was writing about " keeping the cat
in the bag," and "trying to avoid the event which
they dreaded." As might have been expected,
misery ensued; the unhappy woman, fearing her
vddanger,
in
nrootwt
wroteknowing passionate
ch hone
awteh
evidently
lettersat to d alreadyoao,dfadnradensgstehht
iom aban-
Yasela-
husban d. By this time she had managed to obtain
a certificate of her marriage in Ireland, and she
reached Scotland only to hear of Yelverton's union
with another person. She refused with scorn an
insulting offer to take a refuge, " perhaps in New
Zealand ;" commenced proceedings for bigamy
against Yelverton, which have been followed by the
suit in Scotland ; and now, for the first time, the
whole story has been brought to light in a court o
justice.

Such is an outline of this extraordinary case, and
in weighing the evidence on either side it is difficult
to pronounce a judgment. There are some impro-
babilities in the lady's story, especially as regards the
alleged Scotch marriage; but on this and other im-
portant points she was well corroborated by facts
and witnesses, and during a long and severe exami-
nation she was not shaken in a single particular,
In finding for her the jury have probably come to
a sound conclusion, though their verdict can have
no effect on the principal point in issue. On
the other band the case of Yelverton was obvi-
ously antecedently improbable, and that in a
very remarkable degree. It rested in the main on
his own statements, with every possible motive
for falsehood; and it broke down in its vital point,
—the assertion of a cohabitation for a fortnight
before the marriage in Ireland. As regards the
actors in this woeful drama, it is easy to form an
estimate of them. The man who, in his own words,
conceived " the idea" of a systematic seduction—
committed, if we may credit himself, a most abomi-
nable outrage on a lady who had just been the
guest of his superior officer—profaned a solemn and
most holy rite for the vile purpose of fraud and
sensuality—abandoned his victim in the hour of
her peril, with hints about " avoiding an event"
which may well bear a terrible interpretation—and
finally crowned the climax of his deeds by ruining,
through his contact, another woman—we may
leave to his self inflicted misery. With his own
counsel, we simply give him up, and can only sup-
pose, in the public interest, that his name will
soon disappear, from the Army List. But what
shall we write about his partner in this dark his-
tory of folly and ruin, who now floats a wreck on a
sea of misfortunes by reason, in part of her own
failings, and whose very success must cause her
the keenest anguish ? We may lament her wrongs
and sufferings, but cannot conceal from ourselves
the fact that they principally arise from her mis-
conduct. Let us take it that she was technically
chaste, and that she never cohabited with Yelver-
ton till after the secret marriage in Ireland. But
was her behaviour, even from the first, in accord-
ance with feminine propriety, and is it not plain
that through all these years it was she who was
really following Yelverton, not Yelverton who was
seeking her in marriage? This, indeed, is the only
possible plea which can be urged in excuse of his
misdeeds.

The worst feature in this case, however, so far as
regards the public interests, is its illustration of
our law respecting marriage in these kingdoms.
Had anything like an intelligible principle, or
even a rule of equal justice, pervaded this part
of our jurisprudence, we may be assured that'
this odious case would never have taken its present
shape. It is scarcely possible for any one to define
what acts constitute a marriage in Scotland, and
this uncertainty in the present case was the pro-
bable cause of all that has followed, and, doubtless,
will often again entail the most painful conse-
quences on families. As regards the law of mar-
riage in Ireland, its gross injustice is broadly shown
in the circumstance of the secret ceremony which
took place in the chapel near Rostrevor. There is
no doubt that on that occasion a valid Roman
Catholic marriage was celebrated, had both the
parties been of that faith ; and it is truly monstrous
that in a country like Ireland any question as to
the validity of the contract should be made to turn
on the creed of the contractors. An old Irish statute
however avoids all marriages celebrated by "Popish
priests between a Papist and any person who hath
been, or hath professed him or herself to be, a Pro-
testant at any time within twelve calendar months
before such celebration of marriage ;" and as Miss
Longwoith was confessedly a Roman Catholic,
while Yelverton claims to have been a Protestant,
the effect of the act has been pleaded in his favour.
The evidence of the matter of fact was very con-
flicting at the trial ; and, although the verdict has
been pronounced, we apprehend that the point of
law remains open for discussion. It is needless to
dwell on the cruel litigation which will probably
arise, as regards both the Scotch and the Irish
marriages, in Scotland, Ireland, and before the
House of Lords, and which for years will leave
in uncertainty the social status of all the parties.
But is it not a disgrace that our legal system in
o parts of the empire of Great Britain should
leave the most important of contracts a matter
entirely incapable of definition, or hazarded on a
collateral fact which may be entirely unknown to
one party, and should thereby offer an obvious
premium to fraud, crime, and perfidious villany in
the most responsible of social engagements ?

[ADVEIinsEMENT.]—We are happy to quote the follow-
ing interesting information from Du Barry's Report on
cures without Medicine by Du Barry's Revalenta Arabica
Food. Cure No. 4,2oB—Servant of Rev. John W. Flavell,
ltidlington Rectory, Norfolk, of eight years' dyspepsia, ner-
vousness, debility, with cramps, spasms, and nausea. Cure
18,216—Dr. Andrew Ure of constipation dyspepsia,
nervous
irritability. Cure No. 36,212—Captain Mien of epileptic
fits. Cure No. I,6o9—Three years' excessive nervousness,
with pains in my neck and left arm, andhas been
general
lity, which rendered my life very miserable,
radically removed by Du Barry's
vaSkibbereen.
Rt±lenta Arabica
Food. Alex. Stuart, Archdeacon of Ross,
Avoid Pills and Medicines : they invariably aggravate and
perpetuate diseases ; their annoyance, disappointment,
and expense may be avoided by using Du Barry's Food
pence per day, saves oC times its cost in
owthbiecrh , at a few
remedies,
removing effectually, without purging,
indigestion (dyspepsia) nervous, bilious and
constipation,
liver complaints and all their consequences. Certificate
No. 36,418. We find it the safest remedy. Andrew Ure,
MD., F.R.S., Dr Harvey, Dr. Wurzer, Dr. Shorland, Dr.
Canipell. Let invalids avoid the fearful dangers of spu-
rious and injurious imitations offered under a variety of
false pretences. Nevill's imitations are prohibited by the
high Court of Chancery under a penalty of £5,000 against
Alfted Hooper Nevill and his agents ; •and the pretences
that Nevill has a patent for Arabiza Food and that Du
Barry's are connected with such patent are utterly fake.
No canister is genuine without the name Barry Du Barry
and Co., 77, Regent-itrect, in full, ontheseal and wrapper.
Shopkeepers who attempt imposition in one article must
expect to be distrusted in all others. Packed in tins 1113.
2s. 9d.; 21b. 48. 6d. ; 51b, lls. ; 121 b. 225. ; 241 b. 408. The
121 b. and 241 b. canisters are sent carriage free on receipt
of Post-office order by Barry Du Barry and Co., 77, Re.
gent-street, London; Fortnum Mason, and Co.; Abbie,
60, Gracechurch-street ; 4, Cheapside ; 63 and 150, Ox-
bard-street ; 330 and 451, Strand ; 49 and 60, Bishopsgate-
street ; Batty, 16, Finsbury Pavement ; Phillips and Co.
tea-dealers; Petty, Wood, and Co., King William-street,
City ; at 127 High Holborn; and all grocers,.

Yesterday the Lambeth Police-court was again
densely crowded with tin audience, comprised
chiefly of managers and parties connected with
the different metropolitan theatres as well as
the proprietors of music-halls, who wer e anxious
to hear the further proceedings in reference to the
summons obtained by Mr. Benjamin Webster
against Mr. Morton, of Canterbury Hall, as well
as to learn the decision of the magistrate, Mr.
Elliott, on the subject.
This case seemed to excite the most intense in-
terest. Not only was the court crowded to buffo-
cation, but the different avenues leading to it were
also thronged to excess.
Mr. 11. T. Cole, of the Western Circuit, attended
as before, in support of the summons, and Mr.
Sleigh appeared on the part of Mr. Morton.
When the case was called on, Mr. Sleigh ruse
and said, that in the observations he had to make,
in answer to the case brought forward, he should
be strictly pertinent to the law and to the issue
raised. He had no wish to make any remarks in
reference to the objects of those who had raised the
complaint. His only object was, as well as that of
the worthy magistrate, to arrive at a just conclu-
sion in respect of the matter, and if possible to pre-
vent further litigation. He was anxious to confine
of
himself
thatto
discussing
was
preparedthe
law,
toand prove.th the facts
ie
thecase
was anxious, however, in the first instance,
_lO

protest against his learned friend importing the
Margate case into this inquiry. He had thought
proper to intimate that there was already a solemn
decision of the Court of Queen's Bench as to what

constituted a stage play. A report had been pro-
duced of that case, which he had had the oppor-
tunity of looking into, and the facts were totally
dissimilar to those in the present case. The faots
were dirrerent, and the law must be applied to
each particular case. It would be idle and absurd
to say that that decision of the Court of Queen's
Bench was to govern every other kind of perform-
ance. There was a wide distinction between the
Margate case and the present. There there
were scenery and a change, of scenery,
adapted to the performance, as well as-iti the
Sheffield case, to which, however, _ his learned

friend had not called particular attention; thinking
—or those who instructed him-that "discretion

was the better part of valour." In the Sheffield
case there was a distinguishing feature. There was
scenery there, but none here, and also a clear con-
nected plot, which there was not in the present case.
In that case the magistrates would not take upon
themselves the responsibility of construing it into
what is generally known as a dramatic perform-
ance, and they acted in the same manner as the
magistrates at Margate—they dismissed the com-
plaint. He would be the last to question the pro-
priety of the decision that had been arrived at.
No doubt the Court of Queen's Bench was well
justified by the case submitted for its consideration
from Margate, as much depended on the manner in
which the case submitted was framed.
Mr. Elliott here inquired if the Sheffield case
referred to was reported.
Mr. Sleigh replied that it was reported in the
Sheffield Times, a copy of which he then held in
his hand. The case was heard before a full bench
of magistrates. There there was a scene—a col-
lege—and other things necessary for the piece ;
and as Mr. 0 verend, who appeared as counsel
in the case, very properly said, in order to con-
stitute a play, (there must be an assumption
of character, and a change of scenery ; that
had not been proved. So in this case all that had
been proved was the speaking of a dialogue alone.
and, as Mr. Overend said in the Sheffield case, if
that was a comedy, tragedy, or farce, he hoped he
should never see such a thing. He (Mr. Sleigh)
quite agreed with Mr. Overend, and, in his opinion,
if this piece, entitled the "Enchanted Hash," had
been so described, those who had witnessed it might,
if they chose, succeed in an action against Mr. Mor-
bon for being fraudulently imposed upon in paying
their money. The learned gentleman here referred
to the various statutes passed for the purpose of
regulating theatres, commenting upon each, and
contending that, giving the largest possible inter-
pretation to each, the entertainment at Canterbury
Hall did not come within their provisions. That
what took place there was within the scope of the
act under which he was licensed, namely, for music
and dancing, and other public entertainments of the
like kind. He had a large number of witnesses to
call, who would prove that in no way whatever
could this be considered a stage play, or the
slightest possible infringement of the statute for
the regulation of theatres. His client was pro-
tected by the statute of George the Second, and he
felt, satisfied that, on a full consideration of the
whole of the facts, that the decision of tne worthy
magistrate would be against the complainant and
in favour of the defendant, and such decision would
substantially crush in the outset—he would take th•
liberty of saying—a contemptible and unworthy
interference with the rights of a respectable man.
(Loud cheers.)
The learned counsel then called a great many
witnesses connected with theatres, who gave their
opinion that the " Enchanted Hash" was neither a
stage play nor a pantomime. When the evidence
was concluded,

Mr. Elliott, without calling on Mr. Cole for his
reply, proceeded to deliver his judgment as follows :
This is a summons against Mr. Morton, the pro-
prietor of Canterbury Hall, for keeping a place of
public resort for the performance of stage-plays,
without being duly licensed, and the question for
me to decide is, whether this is a stage-play, within
the meaning of the provisions of the act of Par-
liament, 6 and 7 Victoria. Upon the best conside-
ration that I have been enabled to give the matter,
having had an opportunity of lOoking over the
cases quoted and the law on the subject since the
last time this question was before me, I have come
to the conclusion that I am bound by the decision
of the Court of Quemi's Bench, and therefore I hold
that this is the performance of a stage play witliin
the meaning of the interpretation clause of the act,

the words of which are, "Stage plays shall be taken
to include every tragedy, comedy, farce, opera, bur-
letta, interlude, melodrama, pantomime, or other
entertainment of the stage or any part thereof."
The nature of the performance in the case cited, as
well as in the one before me is, that which is called
a duologue between two persons. The whole of
the performance is in character, as well as the
action of the piece. I think, unquestionably, if I
am to define what a play is, I should say anything
in which a person acts or represents a character and
action, on any stage or platform, or any public place
of the sort. Unquestionably my own opinion is,
this is a play. The learned counsel who appeared
for the defendant, and who has so ably conducted
his case, said there was a distinction between the
case quoted and this, inasmuch as no scenery was in-
troduced here, and there might have been in the
other one. Whatever might have been the nature
of the case, the parties themselves have almost con-
cluded it by calling the performance a pantomime,
and I have therefore come to the conclusion that
this is an entertainment contrary to the act of Par-
liament. The piece no doubt itself is a harmless
piece of burlesque, and there is no wish on the part
of the prosecutor in any_ way to press for a large
amount of damages. He wishes merely to have
my decision on the legality of the performance, and
he will be perfectly satisfied by my imposing
penalty of £5.
but it was their
would M r.
nSoletigcohnssaididerhiet
dhiospreesdptelicte worthy
ful,magistrete
intention to give notice of appeal at-the next
Quarter Sessions.
par-
ties if Mr.
mCorl.eEsiaiiiodtittwwououldldg
statute, in order that it might
.be brought before
the Court of Queen's Bench during the next term,
or the sitting after.
Mr. Sleigh said he ehxepme na scea ts oe
undert h p_
thear-
• should conduct his case in his
to proceed. step by step, and
of his learned friend, a
declaration which was loudly cheered by several
the body of the court.
persons in
During the protracted proceedings, and which
saver
an t t
had not concluded till a late hour, Mr. Arnold, the
magistrate at Westminster Court, and who is
owner of the Lyceum Theatre, and other gentle-
men, occupied seats on the bench.
ownnot awcatyOnwthhiechsuwggase'stion

A branch of the Wilts and Dorset Bank has been
opened at Andover, in consequence of Mr. Heath having
given up banking business in that town.
It is well known that the Railway Companies
when delivering packages which are sent by them, refuse
to allow the persons receiving them to examine the state of
the goods before the parties sign the receipt, and pay the
carriage. The Tribunal of Commerce of Epernay lately
gave judgment against the Eastern Railway Company in
two casQs of that kind, in which mercers of that town were
the plaintiffs, and on appeal by the Company to the Impe-
rial Court of Paris, those judgments were confirmed, thus
securing, to the receivers the right hitherti refused.
[iIt.k.DVERTISEMENTI-llollowfty'B Ointment and Pills.—
W ooping Cough, Colds, Pneumonia.—These infantile
disorders were the terrors of parents, who knew the impos-
sibility of administering medicine internally to children,
a not to i
nc
till :Professor Holloway discovered his invaluable Oint-
ment. This Ointment, rubbed externally on the throatte
and chest, passes through the skin, and penetrates roh
fever-
ishnessaffected
always tissues, NVi
producedthollt causingh a eh i
ltdh the irritability
repugnance
medi-
cine, and which vastly procrastinate the cure. IN
disasovrders to which
Nt'heolluiesnanCedsor
edfiffieheuilldtyreanttaaeyheesetnonutehlilsytreanenot,r byse‘evurhicel44
against pulmonary disease. In all
0. tm
tto Holloway's in ent
nurses may with confidence resor
1
which, when practicable, should purify-
be assisted by his
childhood is particularly liable, parents, guardians, and
ing Pills.

O Y AL ENGLISH
COVENT-GARDEN.

Under the Management of Miss Louisa Pyne and Mr. W.
Harrison, Sole Lessees.
MIS EVENING, LE Df )MINO NOIR. Miss Louisa
.i'yne, Miss Thirlwall, Miss Leffler ; Messrs. Henry Haigh,
,orri, A. St. Albyn, and iiorncastle.
To conclude with a new Divertissement.
Conductor—Mr. Alfred Mellon. Commence at 8.

T REA TR 1.4.:-.lto Y AL, .H.A YMARKET.
Lessee, Mr. J. B. Baokatone.
THIS EVENING, the performances will commence with
STOOPS TO CONQUER. Miss Bardeastie, by Miss
Fanny Stirling; Tony Lnmpkin, by Mr. Buckstone.
After which. a new Pantomime, QUEEN LADYBIRD
AND FIER CHILDREN. The Pantomimists by the un-
rivalled Leclercqs, Herr Cole, and Fanny Wright.
Commence at 7.

LOYAL YAL PRINCESS'S THEATRE,
Lessee and Manager. Mr. A. Harris.

- • - -----
THIS EVENING, the Farce of SUSAN SMITH.
To be followed by DON CIESAR DE BAZAN. Don
Caesar, Mr. Fechter. Supported by Messrs. Basil Potter,
F. Matthews, J. G. Shore, bliss M. Harris, Miss C. Leclercq
and Mrs. Weston.
r To conclude with a comic ballet, THE JOLLY MILLER.
M. Espinosa, Mr. Garden, &c.

THEATRE - ROYAL LYCEUM.
Sore Lessee and Directress, Madame CELESTE.
TITIS EVENING the Butletta of Tll AT RASCAL,
JACK.

Followed by the new drama, THE HOUSE ON THE
BRIDGE OF NOTRE DAME. Prinoipal characters by
Mr. G. Vining, Mr. J. Johnstone, Mr. Villiers, Mr. Clifford,
Mr. John Rouse, Mr. Forrester, Mr. Morris ; Miss M.Ternan,
Miss K. Saville, Miss L. Thompson, and Madame Celeste.
After which, the Lyceum Christmas Coml. Extravaganza,
CRYSTABELLE ; or, The Rose without a Thorn, showing
THE VISION OF A ROSE, ITS FADING AT EVE.
AND THE MAY-BLOOM OF THE WILD BRIAR. -

ADELPHI, NEW THEATRE-ROYAL.
Sole Proprietor and Manager, Mr. Bea). Webster.
THIS EVENING, AN UGLY CUSTOMER. Messrs. J.
L. Toole, C. Selby, and Warde ; Miss K. Kelly, and Miss E.
Thorne.
Alter which, THE COLLEEN SAWN. D. Bonsicault, D.
Fisher, Billington, Falconer, Stephenson, C. J. Smith, Romer.
Miss Agnes Robertson, Miss Woolgar, Mrs. Billington, and
Sirs. Chatterley.
-

To conclude with a new Burlertgue Extravaganza, enntled
BLUE BEARD FROM A NEW POINT OF HUE.
Messrs. J. L. Toole, P. Bedford, C. J. Smith ; Miss Woolgar,
K. Kelly, Laidlaw, and R. Thorne.
Doors open at half past B—Commence at 7.
Box-office open from 10 till 5.
No charge for booking.
Private boxes, £2 28. ; Family Boxes, £l.
Orchestra Stalls, ss. ; Baloony, 4s. ; Front Circle Stalls, is.;
Pit Stalls, 25.; Pit, Is. 6d. ; Amphitheatre, Is ; Gallery, 6d.
Acting Manager—Mr. WM. Smith.

CANTERBURY-HALL CONCERTS
Westminster-road.

Proprietor........ C. Morton.
A Grand Selection from Verdi's new Opera,
IL CORSARO,

(This opera has never been produced in this or any other
country, except at these Concerts), having met with that de-
cided success which charactise the most popular works of
this great Master, will be performed EVERY EVENING ;
together with a Selection from LA FIGLIA DEL REGGI-
MENTO, by Donizetti,
Principal Artistes—Miss Russell, Madame Maria, Miss
Tyrrell, Mr. H. Herbert, Signor Tivoli, H. Drummond, and
C. W. Bernard. Director, Mr. F. Jonahmins.
The Comic Department comprises Messrs. E. Marshall, A.
B. Hollingsworth, J. Blanchard, F. Bell, W. H. Welland, and
the Brothers Conrad.
John Martin's Three celebrated Pictures will remain on
view a short time longer in the Fine Arts Gallery of the
Establishment.

CANTERBURY HALL CONCERTS
In consequence of its Great Success,
THE ENCHANTED HASH
EVERY EVENING,
The whole of the Characters by Messrs. E. MARSHALL
and F. BELL.

HIGH WATER AT LONDON BRIDGE.
Tins DAY.—Morning, 7h. 54m.—Afternoon, Sh. 44m.
To-molutovi.-Morning, 9h. 29m.—Afternoon, 10h. 20m.

THE WEATHER.—SUN OFFICE, MARCH 5, 1561,
THERMOMETER, IN THE SHADE.
47—highest mince noon yesterday.
36 —lowest this morning and during the night.
46—this day at noon.

BAROMETER--30.18.
WIND - South - Westerly—rather fresh, with dul
weather and slight rain.

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- ' • ..1"1

THE SUN.

LONDON,kTUESDAY, MARCH 5, 1861.

, V

The YELVERTON marriage case will long be re-
membered as about the most remarkable of the
causes celebres of this present generation. Some
jurisconsult yet unborn may years and years hence
turn to the records of this extraordinary trial for
the materials of a legal disquisition surpassing in
interest any, nay, even the most enthralling, among
all those curious chapters descriptive of Crime and
its Punishment, recently contributed by an anony-
mous writer of rare ability to the pages of Black
wood's Magazine. The incidents of this unparalleled
case of " TIIELWALL V. YELVERTON" have by this
time become perfectly familiar to the vast majority
of the readers of the daily newspapers. Seldom
if ever has a more lively interest been taken by
the world at large, by all ranks and classes of
the community, without any distinction whatever
of creed, or sex, or social position, in an investi-
gation relating exclusively to the acts and
thoughts, the sayings and doings, of pri-
vate individuals. Day after day the fullest
particulars of the trial in the Court of Common
Pleas at Dublin, have been reported in the public
journals, and read with the most eager curiosity
by hundreds of thousands in the United King-
dom, by people to whom the leading characters in
the drama were the merest names, viz., Major
the honourable WILLIAM CHARLES YELVERTON,
second son, but now, through the death of his
elder brother, heir to the coronet and estates of
the present Lord AVONMORE, and the victim of
this Honourable seducer and bigamist, MARIE
THERESE YELVERTON nee LONGWGRTH.
Throughout the whole course of this lengthened
investigation,in which Mr JOIINTHELWALL has been
no more than the ostensible plaintiff, that gentleman
acting manifestly and exclusively in that capacity,
in furtherance of the infamously contemned interests
and flagitiously denied rights of the Hon. Mrs.
YELVERTON—throughout the whole progress of
this trial Three Facts have been perfectly manifest,
have been manifest beyond thepossibility now of one
moment's contradiction. Firstly—that no one has
from the commencement to the conclusion of the
inquiry endeavoured even by a whisper or an
inuendo to impute the smallest blame to, to cast the
slightest discredit upon the veracity, or in any
way whatever upon the character of, the ostensible
plaintiff TIIELWALL. A fact of the utmost possible
significance under the circumstances, and one which
Mr. WAITESIDE judiciously insisted upon as being
particularly worthy of attention in the opening
of his great speech in behalf of the real or virtu&
plaintiff on Saturday. Secondly—that no one, not
even the counsel for the defence, not even Mr.
IREWSTER, not even Sergeant ARMSTRONG, has
referred during this trial, however incidentally,
to the defendant -without speaking of him in
those terms which he has alone richly merited,
namely, in terms of unmitigated contempt and
measureless reprehension. Thirdly—that every-
one who came within sight or hearing of the lady
whose wrongs have constituted the pathetic charm
of this romance, that while everyone without excep-
tion who has looked upon her and listened to her
voice has, so to speak, yielded to the glamour of an
irresistible fascination. Even the learned Queen's
Counsel, who it will long be remembered so flag-
rantly outragcd public decency by the cruel and
heartless extremities to which he pushed his piti-
less cross-examination, even Mr.BREWSTER! Even
the learned Sergeant, who, if that be possible still
more flagrantly outraged public decency than his
colleague by endeavouring during the course of his
(the closing) speech for the defence to attach an
execrable epithet to the name of that lady the

parity of whose unsullied character has been so
very signally and definitively vindicated by the

verdict of an upright and manful jury of her

fellow,eitizens—even Mr. Sei'geant ARMSTRONG,

who in tbat final speech for the defence

_:;_4,-

OPER A, ( strove so grossly to have Mrs. YELVERTON
branded with an infamous designation, with
the very designation that DESDEMON could
alone, as a true woman, repeat by an ela-
borated periphrasis, as " that name he said, my
lord, did say I was !"—even Sergeant ARMSTRONG
while thus energetically earning the fee by which
the brief he held in behalf of the son of Lord
AVONMORE was accompanied—even he could only
compensate himself, so to speak, for the fascination
exercised over his unwilling senses by the Hon.
Mrs. YELTERTON, by apostrophising her as a Syren
and an Enchantress !
Those three wholly and absolutely undeni-
able facts, those three, by this time, perfectly
self-evident propositions above particularised,
would of themselves almost suffice to " point
the moral" of this tale of passion, and upon
Major YELVERTON'S part, as the verdict has
now proved, of actual and heinous criminality.
Nothing, not a hint, in the way of blame syllabled
from first to last, by any one, against the nominal
plaintiff! Everything, on the contrary, in the
way of scorn and condemnation uttered against the
defendant, upon all sides indiscriminately—against
that defendant who has now been formally pro-
nounced by the Dublin Jury guilty of Bigamy
together with all its concomitant criminalities and
meannesses. And besides, the contrast thus pre-
sented to view in court and out of court, in the
general feeling and instinct it might almost be
called actuating all alike in regard to the plaintiff
and the defendant the intended victim
of the latter eliciting, from one and all,
without exception, nothing but a mingled,
and almost passionate, sense of sympathy and admi-
ration. Hence, indeed—from the prevalence and the
intensity of these latter feelings—the extraordinary
scenes witnessed in court, again and again during
the progress of the trial, the ovations repeatedly
given to the leading counsel for the plaintiff, and that
rapturous outburst of acclamations which greeted
the announcement made by the Foreman of the
Grand Jury, when, last evening, delivering into
court the verdict found by himself and his brother
jurymen : the verdict pronouncing to be
good and valid, both the Scotch and
Irish marriages, and accompanying with
that decision the extraordinary declaration, surely
the most extraordinary in its way, ever pronounced
by any jury, namely, that Major the Hon. WILLIAM
CHARLES YELTERTON is—a Roman Catholic !
Anything like a detailed narrative of the incidents
of this singular romance of real life would, we are
fully conscious, be nothing less at this moment than
utterly superfluous. With those incidents the vast
majority of our readers must long since have become
perfectly well familiarised. The accidental meet-
ing, first of all, on • beard the homeward bound
steamboat from Boulogne. The hardly less acci-
dental renewal of their acquaintance through
correspondence sometime afterwards, when
Major (then Captain) YELVERTON was at Malta
and Miss LONGWORTH at Naples. The second
meeting, namely, that which took place at
the Convent at Galata during the period of the
Crimean war, when Major YELVERTON was there
as an officer of Artillery, and Miss LONGWORTH
as a Postulant among the Sisters of Charity.
The frequent interviews subsequently taking
place between the destined lovers, afterwards
to be [the Grand Jury has said it ! in their
verdict] the destined husband and wife,
doubly united as such by a solemnly
repeated marriage ceremonial. The frequent inter-
views which took place between them after that
second meeting (the one at Galata)—those inter-
views occurring day after day, when they met
as guests under tha sacred roof-tree of the mili-
tary hut of that good soldier and gentleman,
General STRAUBENZEE! Miss LONGWORTH being
at that period a habitual guest there as the friend
and intimate of the General's wife, Mrs. STRAITBEN-
Z EE—Major YELVERTON the frequent, the constant,
the daily guest, there also, as the General's friend,
as friend of the house, as British officer, as English
gentleman ! The second steamboat interview be-
tween Major YELVERTON and Miss LONGWORTH,
when the latter terminated her visit to the good
soldier's hut before Sebastopol that second
steamboat interview, during which the
lady's honour was all but ♦iolated by
by that Honourable Brother Officer and Gentleman
who had slipped back to her side after grasping
the hand of her then recent guardian and protector,
General STRAUBENZEE. Incident after incident—
are not the scenes of this romantic drama familiar
to the majority beyond any necessity whatever for
their recapitulation ? Until the meeting again of
the lovers—far away from Galata—down at
Leith : until their Scotch marriage in Edinburgh :
until their Irish marriage at Rostrevor : until their
separation at Bordeaux. Such, it will be born in
recollection, were the salient points in the argument
upon both sides, founded upon this melanchoy
history of love and passion consecrated by solemn
nuptials—nuptials satisfactorily and elaborately
reiterated—the love still true on the part of the
wife Round thus in lawful wedlock—
the passion exhausted on the part of the
now actual Bigamist, the then intending Seducer,
this lion. son and heir of the present Lord AVON

MORE.

Conspicuous, or rather it must be said pre-
eminent, among the many painful passages in
this deplorable history is beyond an instant's doubt
that in regard to which FATHER MOONEY
appeared during the trial as chief witness in his
capacity as the officiating clergyman upon the
occasion of the Irish marriage at Rostrevor. That
rev, gentleman in the very words in which he is
constrained to give his evidence while standing
there in the witness box—that rev. gentleman
in the very words falling from his lips pronounces
his own severest condemnation. There needs
no other, no-severer sentence of reprehension to be
pronounced upon him in this lamentable particular.
When he is compelled to exclaim with evident
I anguish that rather than do what he had done in
regard to the marriage certificate he Would sooner
havecut
off his right hand, he leaves us power-
less tospeak of his proceedings in any
stronger language. And it is all in vain,
too, for the interests of that disgraced and
disgraceful defendant ! The marriage ceremony in
regard to the arrangement and even to the very
designation of which there was manifest during
the course of the cross-examinations so much
ee
that was to say the least
ofit
now equivocal
been
—that very marriage ceremony has
formally pronounced, as it could only be pro-
nounced, good and valid, as alike final and binding
before GOD and man, in the face of earth and
heaven. In that decision the whole passion and
pathos of this romantic story are epitomised.
The profligate seducer—as the defendant alone de-
signed to be—is driven out of the court of justice as
the convicted bigamist. The intended victim of
his lust and treachery is declared, in the same
breath, to be his lawful wife, his wife twice over—
first by the Scotch, and afterwards by the Irish
marriage—going forth again into the world
with her long-outraged reputation triumphantly
vindicated—receiving, Heaven knows ! no dignity
whatever from,
rather, it should be said, re-
claiming in some measure to honour by her own

graces, that otherwise degraded designation which
is now hers by right—i.e., her name, style, and
title as the Hon. Mrs. YELVERTON.

The complete documents which create the New
Austrian Constitution are now before Europe ; and
those of our readers who have patience enough to
study such subjects probably examined them last
evening. It may not be easy in this country to
judge of the meaning and effect of each particular
clause and article, but still the tendency of the
whole can be readily seen. That it is a Constitu-
tion, and that it is even intended to give an amount
of political liberty unthought of before the battle
of Solferino, we may consider undeniable ; but
that it contains clauses which, whether we perceive
it or not, are intended to facilitate the restraint of
Representative liberty, should the court again be-
come strong enough, no one can doubt. The HArs-
BURGS, aided by their Jesuit tutors and confessors,
have ever been adepts at this kind of political
duplicity and villany—indeed, their horrid thirty
years' war began through it.
The Vienna correspondent of a contemporary
thus sums up the points which are considered there
as unfavourable to the free working of the New
Constitution, and to the undue influence of the
Crown and the Administration. In the statutes for
the Reichsrath it is not said that the EMPEROR
will issue no more Patent Laws—that is, laws
drawn up by the Cabinet and sanctioned by the
Sovereign without the concurrence of the repre-
sentation of the empire. 2. By Paragraph 13 the
Cabinet is made irresponsible, inasmuch as it is
only bound to communicate to the Reichsrath the
reasons for its acts and their results. Of the neces-
sity for a Bill of indemnity there is no mention.
3. It is not said that if the Reichsrath should
be dissolved it shall be reconstituted and con-
voked within a certain time. 4. The ultra-Con-
servative party will be composed of high nobles and
ecclesiastical dignitaries, and very many noble lay-
land proprietors will have seat and voice in the
Lower House. 5. The Chambers of Deputies will
be elected by the Provincial Diets, and not by
the nation at large. 6. As the EMPEROR has
reserved to himself the right to dissolve any of
the Provincial Diets, it may happen that one or
other of the provinces will not be represented at
all in the Reichsrath. 7. It is nowhere said that
the deputies shall not be called to account for
the expressions they may use or the speeches
they may make in the Reichsrath. 8. As a rule,
the sittings of the two Houses are to be public,
but there is a passage in paragraph 20 of the
fundamental laws which gives to either Chamber
the right to exclude strangers—a privilege which
is almost sure to be abused in a country the
inhabitants of which have not been accustomed to
public roceedings of any kind.
Most of these seem to be fair grounds of excep-
tion. A HAPSBURG and his tools would well know
how to avail themselves of any one of them ; the
only question is whether, with the concessions on
the subject of finance and conscription, the Council
could not make its power felt if it had the public
spirit to do so. We read in the "fundamental law"

thus :
" 10. In accordance with Article 2 of the diploma
of the 20th of October, 1860, the folldwing matters
are to be within the sphere of action of the Reich-
srath :—(a) Matters connected with military con-
scription. (b) Matters connected with the currency,
public credit, coinage, banks empowered to issue
notes, customs, commercial matters, post, railroads,
and telegraphs. (c) All those financial matters
which concern the empire at large ; such as the
budget, the State balance-sheet, the results of the
manipulations of the finance department, the raising
of new loans, the conversion (convertirung) of State
debts, the sale, change, or mortgage of the real
property of the State; the augmentation of the
present taxes, and the imposition of new ones. The
present taxes to be levied until repealed in a consti-
tutional way. The National Debt is under the
control of the Reichsrath,"
Now it seems difficult to conceive that Anglo-
Saxons at least, with such a weapon in their hands
would not ultimately bid defiance to any Court
and Administration. Even were the EMPEROR, like
our STUARTS, to determine to do without Parlia-
ments, yet his want of credit, the sole ultimate
cause of the offer now made, would bring him again
as a beggar to the feet of the Nation's Represen-
tatives. But Austrian subjects are not Anglo-
Saxons.

But whether the new constitution will work
is not, we apprehend, a question of details. It
is a question of men and of principles. Suppose it
a fair arrangement, if fairly worked, the great point
to settle will be, can the peoples of the Austrian
Empire, as it is called, trust the man and the men
at their head. The iniquity of many generations is
now culminating in one of the race who shares and
exemplifies all the blindness, wilfulness, supersti-
tion, and bad faith of his forefathers—a race whose
creed has been that peoples are made to be fleeced,
cheated, enslaved, lied to, sworn falsely to, and shot
down or hung if they resist, and rulers, by right
divine, to do all these divine things to them. It is
no exaggeration to say that Hungary has found all
this to be quite true to the letter in the used up
race which is now marching its armies into the
country to restore, if possible, its old despotism, or
to enforce the acceptance of the new Constitution.
Some fourteen or fifteen provinces, most of them
different nations, speaking different languages, are
enumerated in these documents themselves. They
are to be brought together by representatives into
one council of 343 members. They have been

hitherto all kept as much as possible alienated
from each other by the Government, lest
they should combine and tear their oppressor
to pieces—now, they are all to meet to find
—what ? that each has a quarrel with
its neighbour, but all with the dynasty and the
man who have duped, cheated, and maltreated them
through all their history. Must they not either
prove a helpless political Babel, or else a combination

united by a sense of common wrong which will be

more formidable in the heart of the empire than

150,000 Frenchmen outside it ?
But there is the great question of the principles
of the Constitution. It is intended to meet the
Hungarian difficulty ; it utterly ignores it ! Hun-
gary has legally and consistently demanded, first

of all and before everything, the cessation of

illegality Every thing now in Hungary is illegal.
The de facto King is a usurper with not the shadow

of a title to the crown, but that given by Marshal
PASKIEWITCH, under the orders of the brutal

NICHOLAS, who had no right to bestow
it. The army in Hungary is an illegality,
the Church is an illegality, the taxes are an ille-
gality, the administration of justice is an illegality,
the currency itself is an illegality—everything
governmental indeed is, not technically and acci-
dentally, but substantially and in the broad ♦iew,
an illegality. Let this first cease, say the Hun-

garians—let the Diet meet—let the abdication of

FERDINAND be legally accepted by it—let the new

King be solemnly sworn, and a Palatine named

legally—let the unlawful Austrian soldiers quit

the country—let the taxes and currency be voted

by the Diet, and then let the Diet and King

proceed to make such reforms in the laws as both

may agree on.

Instead of this Hungarians are merely presented
with an order on the Diet for 85 members out of

343, when they are nearly half the ppulation, and