The New York herald., 1862-07-20
The YelvcrtOm Case - The Decision
Against Mrs. Yelverton.

D.
Before Lord Ardmillan.
To-day, in the case Of Yeverton Yelverton, Lord
Ardmian gave judgment In favor Of Major Ye,yerton
Affirming that there had been Scotch marriage.
Lord ArGlnian, one Of tbs Scotch judges yesterday
issued his inerocutor in this celebrated case There
we're two actions Of doclarator-the first, at the
instance Of MAJOR Yelverton to have declared
that Theresa Longworth not his wife, and
that she ousht 10 be put to perpetual silence" az re-
gard such claim, und besides, be found liable
IN ESQ OF damages Tor advancing 1t; and the
second at the instance OF Theresa Longworh Yelver
ton to have declared that she the wife Major
Yeiverton. 1he lady sought TO prove two marriages.
First, scotch marriage constituted and second irish
marriage, on the 18th OF August 1851 within the chapel
Kibroney. in the parish OF Rostrevor by Bernard
Mooney, the Roman Catholic priest of that parish The
Scotch marriage was sought 70 be established by
and circumstances tending to tho conclusion, by inter
that there was contract Of marriage entered into
by tho parties in Scotland or acted by them in
country completed contract and by other facts and
circumstances bearing directly upon the acknow
edgment OF marriage itself Major Yeverton did
not deny The irish ceremony, but he asserted
that Il was gone through merely TO relieve her con-
science and not to bind him and that he bound
by il, as II was null under ~ George II. cap 49, he
having been or profsssed himself to be, Protestant
within year OF the alleged marriage service He did
not deny cohabiiatou but said that they cohaoted
man AMI mistress and not as man and we In his plead
ing, the gist Of his defence Is thus stated 1.-The puY
leaving Edinburgh, went TO England Wales
and whio there She with reference 10 the intercourse
which had passed between them and which she intended
should bs resumed. and the pretence Of scruples
which she proiesssd TO entertain renewed suggestion
which she had made to tho defender on previous occa
would satisfy her conscience and would leave him per
ecy Free This subject referred to In letter dated
10th july 1851, in which she wrote:-"Perhaps you
would prefer meeting me in the old cathedral, at
Manchester where my forefathers lie, TO other
project. You are unknown, and have nothing TO
say do; my purpose is and would be ignored by
tai creature II safety your object what suggest is
merely tho same AZ being present At making you
Catholic This proposal was not entertained BY the
ocfeuder but, nevertheless, the pursuer in August
1851, hearing that he on visit TO Ireland went
there suggestion for the purpose Of ceting
uc intimacy ha dc.
fender found her at Waterford after her arrival The
pursuer and tho defender on leaving Waterford travel
led together IN various parts or relaud and In the
OF their journey she once more revived the
proposal above mentioned; and the defender in conse.
Of satisfying the scruples which she professed TO
entertain, and ON the renewed assurance and mutual
understanding that he was 10 continue free, ap-
peafod with her before Roman Catholic priest
Rostrevor. that form Of the nature descr ibed,
In which she alone interested, might be gone
through. There were witnesses present. There
was no marriage service ceremony. There was no
marriage From nrst 70 last the connection between
the pursuer and the defender was Illicit The pursuer
denied that thors intercourse between them until
after Irish marriage, and said that after the private
Scotch ceremony she had conscientious doubts as to
whether 10 marriage at all not, aud resov.
ed before matters proceeded iurther 10 be married &C
codng TO the rites OF her own, the Roman Catholic
church, and that she insisted for Roman Catholic
rage though she consented that IL should be kept quiet
from his friends aud the world 10 general, and that
was marriage Of this kind which had been agreed on
that she proposed should be soemnzsd in Manchester
Cathedral and which ultimately solemnized at Rosl-
The following 10 the formal Judgment OF Lord Ardmil
an"In tbs action Of decarator Of marriage at the in
stance Maria theresa Longworth pursucr against the
Honor able Major William Caares Yeivertop, defender,
Finds the said pursuer has not instructed that she
Is the wife of tho sad defender therefore assozcs the
defender Major Yelvsrton from the conclusions OF the
action OF dsclaraor Of marriage and decerns In the
action Of decarator or freedom and putting ~ sence mt
the instance or the Honorable MAJOR William Charles
Yeverton pursuer, against Maria Theresa Long.
worth, defender Finds, decerns and declares
against the said defender, Maria Theresa Long.
worth conform to the conclusions Of tho said action
OF declarator OF freedom and putting 70 silence.
Finds the said MAJOR William Charles Yoverton
entitled to in both the separate actions and in
the conioined actions In the mote explaining the
grounds upon which ais judgment Is placed the learned
Judge sayss-"This judgment has been reached after
muck anxiety and not without sympathy for tho sad fate
OF pursuor but with clear conviction tnas IL is
according the truth OF the For the conduct a
the defender th-re can be no excuse But he was not
ts seeker the seuccr tho betrayer OF the pusuor
Ths story Of tho pursuerher charms her talent, her
msfortuns-even the intense and persovering devoted
ness OF the passion by which she impsllcd-must
excite interest, pity and sympathy But sbs was no
mere girl simpeton stranger 10 the ways OF the
world victim to nsdious arts she was not deceived
She fell with her own consent.
we are informed that Mrs Theresa Yolvsrton has de-
termned appeal the Inner House o the Court OF
Session against this Judgment,