The Sun.
London, England, 1861-12-06 00:00:00

THE YELVERTON CASE.

There are two suits now pending in the Scotch
Courts relating to the marriage, or alleged mar-
riage, of the parties in this case. One is a " decla-
rator of marriage" at the instance of Mrs. Teresa
Lcngworth, or Yelverton, and the other is an
action of " freedom, or putting to silence," insti-
tuted by Major Yelverton. These suits have been
conjoined in one process, which is slowly dragging
on before Lord Ardmillan, one of the Ordinaries of
the Court of Session. A considerable time ago the
case was remitted to proof before a commissioner,
and in Edinburgh and in Dublin a great deal of
evidence has been privately taken to form a record
for the Court. By the Conjugal Rights (Scotland)
Act passed last session, inquiries in cases of mar-
riage or divorce must now be made by the Lord
Ordinary in open court, instead of by a commis-
sioner, the change being adopted with the view of
facilitating the procedure, which was frequently re-
' tarded by appeals taken before the commissioner to
the Court. The proof for Mrs. Yelverton, pursuer
in this case, had been completed before the end of
the summer session, and the proof for Major Yel-
verton, the defender, had been partly taken. At
this intermediate stage the case came before Lord
Ardmillan on Wednesday, for the purpose of pro-
ceeding with the evidence. His Lordship had
on the 16th of November granted diligence at
the instance of both parties as against each
other, to compel their personal zttendanee,
for the purpose of identification by the
witnesses, Accordingly, Major Yelverton was in
attendance, but Mrs. Yelverton did not appear.
The following certificate was read by counsel in her
behalf:—

Merrion-square, Dublin, Nov. 29.

I beg to state that I have been for some in professional
attendance on the Hon. Mrs. Yelverton. She is suffering
from bronchitis of a severe kind, also from other ailments.
I am of opinion that she could not go to Scotland during the
winter season without the most grave risks to her health,
and perhaps her life.

WILLIAM STOKES,
Regius Professor of Medicine in the University
of Dublin.

Mr. Gordon (who with Mr. Millar appeared for
,he defender) said, as he wished to avoid delay in
he case, he proposed to proceed with the examina-
,ion of witnesses, reserving his right, in the event

of its being sound necessary for the purpose of more
complete identification, to move the court to give
access to Mrs. Yelverton, or rather Miss Longworth,
or require her personal presence, in order that she
might be seen by any of the witnesses requiring to
see her for the purpose of complete identification ;
and that she should come to Scotland for that pur-
pose. it would lead to very great expense and
trouble now to delay the examination- of the wit-

nesses who had been brought from Ireland, and he
therefore proposed that they should proceed under
the reservation of his right, in the event of its being
judged necessary in the interests of his client to
move the court for an order to obtain access to her,
or to require her personal presence;
Mr. Fraser, who (with Mr. D. B. Hope) appeared
for the pursuer, said that her counsel were very de-
sirous that she should be present, and they had
communicated to her that desire; but she sent back
word that she was lying in bed unwell. The pur-
suer's absence was a misfortune as much to her own
as to the other side, and in her absence he could not
press so strongly for identity as he should other-
wise have done.
Lord Ardmillan said ho did not think it was
necessary for him to say anything on the point at
the present stage.
The first witness called was John Ashy Brans-
field, proprietor of the Victoria Hotel, Newry, who
was examined as to the occupancy of some rooms in
his hotel from the 4th to the 6th of August, 1857,
by a gentleman and lady, believed by him to have
been married persons. They had a large drawing-
room, a large bedroom, and a small bedroom, or
dressing-room entering from the large bedroom.
There was only one door entering into the small
bedroom. The gentleman asked for comfortable
rooms, and I ordered him these rooms,—No. 4,
which were generally given to a family. I would
be very sorry to allow a lady and gentlemen to live
in my house if I thought they were unmarried. I
would certainly not give the rooms to unmarried
persons, even though it was the best nobleman of
the land.

By Mr. Fraser—Did you notice how the lady's
hair was dressed ?

li, itness—Something like the fashion of your wig;
six. (Laughter.) •

Mr. Fraser—Do you mean that seriously, or as a
good joke.

Witness—No; I mean that it was turned up.
Lord Ardmillan—Brushed back from the fore.
head.

ti iiness—Just that, my lord. (Laughter.)
Anna Maria Bransfield, daughter of last witness,
corroborated his evidence, and identified Major Yel-
verton: She thought there was something foreign
in the lady's appearance. They remained in the
house two nights, and were charged 4s. 6d. a night
for the rooms they occupied.

Cross-examined—By "something foreign in the
lady's appearance " I mean the way in which she
wore her hair and dress. Her hair was brushed off
her forehead. lam not sure her hair was brushed
off her forehead when I saw her in Dublin, at the
trial.

Re-examined--I heard the servant say she was a
foreign-looking lady.
Margaret Fagan, formerly chambermaid in Brans-
field's Hotel. She deposed—l was in the largo bed-
room once when the lady an l gentleman were pre-
sent. That was on the morning of the day on which
they left. The lady was standing in the room. The
gentleman was in bed. The lady was dressed, I
think the gentleman was in his nightif--
...ess. He was
leaning on his elbow in bet!. The lno-
at that time. I don't ra- -.9, spoke to me
was not lonn. ;- .-wember what she said. I
the the room. It was about 8 o'clock in
I ri,;.,.,rning. I settle down and make up the beds.
u`u 8° When that lady and gentleman were in the
house. I only made one bed during the whole time
they Were in the house.l made up the bed in the
largo bedroom, and that only. The lady's dresses
had been on the bed •
meddled with that bed
an
during the
bedroom. I never
nevec
the two nights they
were in the house.
ed whether it had
the appeArAuce er, beinge
slept -wo,§ the only