The daily exchange. [volume] (Baltimore, Md.) 1858-1861, 1861-04-09
THE YELVERTON MARRIAGE CASE.

THE EiR ERTON MARRIAGE CASE.
In addition TO the opinions expressed by eminent
Scotch jurists at the recent trial, that the Scotch
marriage valid, that of Mr.. j. S. More, Pre-
tessor of Scottish law in the University of Edin-
burg, casts clearer light the confusing subject
@! irregular Scotch marriages. The Professor
writes: "With respect to the YelvertOn case, |
think it is quite clear that there was valid mar
riage in Scotland. Are you aware of Lord Brough-
ans act Of July, 1856, ((l9 and 20 Vic, cap. 96)
by which 4 parliamentary recognition was, for the
first time, given to irregular marriages contracted
ia Scotland by declaration, acknowledgment or
ceremony, provided at the date thereof one of the
parties had his or her usual place OF residence
there, or lived in Scotland 81 days next preceding
such marriage. There can be no doubt that Y ell
verton introduced the lady who is now found to be
his wife, to several friends, as his wife, and thus
by ackn0w edgment, contracted marriage accord
lag to the iaw of Scotland. | believe the evidence
went much beyond this, but such acknow ledgment
would of itself prove sufficient"
The Observer says: "There are rumors Of appi.
cation for new trial, and an appeal to the House
Of Lords. Major 1elverton has no option unless,
indeed he admits the validity of his first marriage
which he will net do, because under any circum-
stances 1t would not be possible that Major and Mrs
ielyerton could live together again. He is there
fore, bouud, if he thinks he has anything like
case, in justice to his second wife, to prosecute it
10 the utmost; and this he intends to do, backed,
as he will be, by the influence and wealth of his
friends. Two courses are open to him. He may
if he can show sufficient cause, obtain from the
Irish bench rule for new trial; but, judging
from what fell from the Irish Lord Chief Baron in
his summing up, that does not seem very probable;
and even if he had new trial, the chances are
hundred to one an Irish jury would hud similar
verdict to the last
"Ihe other course which in all probability he
sill be advised to follow, is to raise a question on
the points of law that are laid down by the Judge
in summing up. 1t will be recollected that bills of
exception were handed in by the counsel of Major
ieverton to the Judges summing up Upon these
Is / is in To- OF MOI
Ton may appeal to the Judges in banco in Ireland,
and should their decision be adverse he will then be
enabled to appealto the House of Lords. As far as
have been able to learn such is the course that
Major Ielverton purposes to take. Ofhis ultimate
success Of course no opinion can be offered. Let
the issue be what it may, the result to the two la
dies must be the same, for neither the one nor the
other could ever live again with man who, ac-
cordlng to his own showing, ought never mere to
be received in respectable society," A! far as he is
concerned. no one wishes to hear his name men
toned again. But with respect to the second Mrs.
\ elTerton it is matter of serious moment. She
hAs two children by her marriage with Major Vel
rerton, and one of them, humanity speaking, suppo-
sing that the first marriage is held not to be legal,
will become a peer.
Fer Mas. Forbes and his children he is bound to
fight the question out to the last. II the present
dec sion holds good, his children, in the eye of the
law, sre illegitimate, and cannot inherit landed
property, except under very peculiar circumstan-
ces. But Major Yelverton is placed on the horns
oI very cruel dllenUa. tne greater MS EFFORTS TO
render justice to LADY, SO is his wrong greater
to the other. in the one case if he should succeed
i'll making bis second marriage legal one, he
places Miss Longworth in a position too sad to
dwell! upon; and, on the other hand il bis lrst mar
riage is legal, in what fearful position does it
place Mrs. Forbes. His crime is so great that the
more he moves in his position the greater injury
does he inaict lie cannot right one lady without
doing an egregious wrong to the other
Major lelvertou is in London endeavoring
10 make interest at the War Office to retire from
the service. What has been the precise result of
this interview with Lord Herbert il is of course
impossible to state with certainty, but | am in
formed the reception he met with from the Secre-
tary OF W ar wae such to induce him to tender
his resignation, without waiting the issue of any
interior proceedings that may be taken to estab.
ish the validity of the irst marriage. At the same
slime, | am informed Lord Herbert gave him to un-
derstand that the statue quo would not undergo any
alteration pending those proceedings, if such was
bis desire, but that the Major pressed to be allowed
80 retire on half pay-a proposition which Lord
Herbert emphatcallY declined to entertain. The
MAJORS name has been erased from the roll of mem
hers of the Junior United Service Club BY order of
the committee OF that institution. Belfast Ne,cs
Letter.
Lady Clarmorris, daughter of the first Lord
Avonmore, writes to the Cornish Telegraph, to con-
tradict the statement that Major Yelyerton's great
grandfather kept butchers stand in the town of
Newcastle, county Of Limerick, aad that his grand
father married his cook.