The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1861-03-24
| the letter was forwarded to him he said this
has evidently been opened, and they now know

the letter was forwarded to him he said, +" this
has evidently been opened, and they now know
FATHER MONEYS TESTIMONY.
Inc Rev. Bernard Mooney, parish priest Of Kill
lowen, testified to the circumstance Of the mar
Ilags; The ceremony took place in his church ona
holiday, after mass; the two knet before the al
tar and responded afirmatiyely to the usual ques-
uons; there was no piece Of money produced, and
he had no knowledge Of seeing ring until he was
giving short exhortation he pronounced no be-
nediction; he asked the gentleman what was his
religious belief, and the answer was, II am not
much ofanything;" "are you Roman Catholicy''
~ am not;o What are your don't mind" said
me frequently to Catholic places Of worship, but
he is not confirmed YETI" he repeated the question
and the gentleman answered, ~ am Protestant
Catholic" then he married them; the lady
gave him two notes of f5 each; he kept
them, and did not give any to the bishop;
the gentleman did, audibly and distinctly, repeat
the words in the language Of the ritual OF the
order to enable him to do so; said the words
from memory, and he repeated them distinetly
after me. kneeng at the altar Yes.
And she by his side, kneelng at the altar!
Yes. And you married them? ] renewed
the consent that was given in the Scotch marriage;
did not marry them it was solely to remove
Mr.. Whiteside-I object to this gentleman CIV
the Archbishop Of Canterbury, even telling us
what marriage is. Ii he goes through the form,
it is for your lordship to decide what it is.
Witness subsequently, at the request OF the
lady, sent her the ordinary marriage certificate.
Mr.. Whteside-Are not the words "lawful in
marriage in that certificate? Yes, but have
right TO explain why gave it in that form; the
reason was this: received letter from the lady
telling me that she expected the arrival Of little
stranger asking me for certificate, and gave
, It for the purpose Of proving that she was
be baptized Iegitmately; that was The
reason, and if l had thought it would have
been used for any other purpose than that for
which gave ito have the child baptized legit-
mately-tO satisfy the foreign clergyman into
whose hands thought it was to fall; il thought
il was to be used for this purpose would have
cut of my right hand sooner than have given it.
Before you go back to Rostrever answer me q
thoic priests to certify falsehoods under their
hands! No. You may go down now.
THE DEFENCE.
Other witnesses were examined to prove cola
teral facts, and then the for the plaintiff
closed. Mr.. Brewster opened for the defence. He
did not attempt to pallate excuse the base
duct of his client. He denounced it as 1t deserved
although he at the same time imputed to Mrs.
felvertOn's romantic notions and her determine
tion to win her husband at all hazards the misfor
tune of her present condition. Both the Scotch
and Irish marriages, he contended, were nullities
in the eye OF the law, and the lady in this case
could occupy no other position in regard to the
defendant than that of his mistress.
EXAMINATION OF MAJOR YELvERToN.
The first witness for the defence was the defend
ant himself. On being sworn he repeated the
words of the oath $50 help me G0d'' emphatically.
He detailed the circumstances of the first meeting
on board the Boulogne steamer substantially AZ
Mrs. Yelvert0n did, except that he said he accom-
PANIED her to the house in London, and there
changed his clothes In reference to their meet
ing in the Crimea he testified as follows:-It must
have been just three or four days before the fall Of
Sebastopol that saw the lady at Gaata, in Con-
stantinope, for the fall Of Sebast0pol was on the
7th of September, and we went up just in time to
see it, it was about the 4th of September; she was
acting as nurse for the French sick and wounded
soldiers in a convent belonging to the SGurs de
Charlie there; ascertained where she was by
letter; it was about midday when first saw her;
was in her company for about couple Of hours.
| State the substance Of what passeds She was
dressed in the black gown, white collar and cap
| worn by the sisters; she took of the cap; we sat
| In private room and cOnversed for some time,
and embraced her and kissed her two three
times; did not refer to any intentions Of any de-
scripton.
Sergeant Sullivan State what occurred, sir,
and nothing else.
Chief Justice-State what occurred.
Witness-I referred to the probability Of our
meeting again in case she came to the Crimea; 1
referred to our former correspondence; made
some love, my Lord can't put 1t into other words
Chief Justice-We want to know the sort Of
love.
Witness-That is what want to say.
Chief Justice-In other words, did you make dis
honorable advances to herr
Witness-No, sir, did not; in words did not.
Sergeant Armstrong you tell her you had
come from England on purpose to visit herr
Witness-N0, did not.
Examination cOntinued-I was going to the
Crimea at'this time, under orders; was in COM
mand Of q battery OF siege artillery on board the
Transit steamer. Did you on that occasion make
the lady an offer ofmarriage! l did not. Did you
promise to marry her on that occasion! did not;
] went from that to the Crimea-to Balaklavs; the
Transit was lying In the outer harbor next after
that saw the lady in the beginning of l866-in
February, l think, in General strau6enzee's hut
was aware of her arrival about ten days before
visited her. Did you make or renew any oner OF
marriage then?
Mr.. Whitesde objected.
Witness-I did not; did not tell her there that
was nnder q promise to my family not to marry any
lady that could not pay my debts; told her was
under considerable pecuniary difficulties, but
made no statement at the time that WAS not Able
to marry then any more than at any other time;
mean that l did not say that was not able TO
marry in two years, or three years, or i've years
hence; did not mention any time at all.
Chief Justice-You spoke Of marriage, but did
Witness-Precsely so, sir.
Sergeant Armstrong-State in what terms mar
riage was talked Of.
Witness-I spoke of it as, under the crcum-
stances in which was placed, o thing could not
engage or enter into with Miss Longw0rth; for
three or four weeks was in the habit Of seeing
her at General Straubenzee's tent.
Did you during that period make an offer Of mar
| riagey / did not.
Did You refer to your circumstances more than
oncey (After q pause)-It is very long ago; i
made the statement once for all; never went back
| Of
Did you ever repeat ir There was more than
one conversation, but there was no necessity to
repeat the thing; left II upon the one statement
| and followed IL up.
| The witness was asked II there was an interval
| in his visits to General Straubenzee's tent and
| said recoect no such interval; did not pro-
pose to her there secret marriage; did not pro-
pose to her that should get married in the Greek
| church at Balaklaya; I have no recollection
l Of any talk about Greek" Catholics and
"Roman" Catholics; ! left the Crimea af-
/ ter she left General Straubenzee's quarters;
/ Chief Justice-Did you see her on board the
steamer when she was leaving the CrimeH
Witness-I did, my lord; took her down on
! car, accompanied with General Straubensee and
Cant. Straubenxee, to Baaklava TO the steamer;