The Charleston daily news. [volume] (Charleston, S.C.) 1865-1873, 1867-11-13
History Of the Yelverton Marriage Case.

One of the most remarkable trials which nave
excited the interest of the civilized world in this
century was that now known as the ''Yelverton
Trial but which, at its commencement IN 1o6O,
was entered upon the records of tho Dublin Court
of Common Pleas as ''Thelwall vs. Yelverton." A
few years sgo the case was not only prominent
topic of public interest in Great Britain, but also
attracted great attention in this country, where
popular sympathy for Mrs. Yelverton, the real
plaintiff in the caso, was fully as strong, though
not so violently demonstrated, as in the three
Kingdoms.
In the year 1860, the Hon. William Charles Yel-
verton Major of the Royal Artillery, was sued by
John TheIwan, Of Hull, England, ostensibly for
the recovery of expenses incurred IN MAINTAINING
the Majors wife, Mrs. Teresa Yelverton. The de-
fendant denied the justice Of the account present
| ed, claiming that no apartments were rented Tor
his wife, no food, clothing, or other necessarles
furnished her at plaintiffs expense and no money
advanced to her by plaintiff as set forth in the bill
Of charges. He also denied that Teresa Yelverton
was his wife. The examination developed the facts
which we here state as briefly as possible
| Major Yeverton was tho heir apparent to the
peerage of Avonmore, and his wife, Teresa Long
worth. was also of gentle ;lood. during the
Crimean war she was one of band OF ladies who
accompanied the Sisters of Charity on their mis-
sion of mercy to the army hospitals For long
time she ministered to the wants OF the sick and
|
which surrounded her life while acting as volun-
| tary nurse she met Major Yelverton, who asked
| her to become his wife. She assented. He de-
| sired that the marriage should be secret one
| and performed by any priest whom he could lind.
| This she would not agree to. He urged 1T upon
her, but she was firm in her resolve. No induce,
ment could make her yield, as the idea OF secret
marriage was distasteful to her. and as she had
determined never to be married by any but
priest of the religion she professed. On her re-
In Scotland
vince her that secret marriage was no breach OF
morality, and that Catholic priest could marry
them in Scotland. Finding her fixed in the the
determination to take no step which should
tend to injurs her fame, he propounded
to her the law OF Scotland in regard to
| the solemnization of marriage, and showed
her that in that country the services OF o
priest were not necessary-that mutual consent
| and promise in the presence or witnesses woula
make them legally man and wife. de read aloud
| the marriage ceremony from Church OF England
| Prayer Book, and proposed that then and there
that they should declare themselves united IN wed;
lock without asking for clerical aid. She looked
upon this proposition with horror and without de-
| Law hurried from Edinburgh to Wales. Every
word of the service rang in her ears. de had told
her that the mere reading Of it in her hearing
made her his wife, and she feared that between
her duty as Roman Catholic and as subject OF
the Queen, living under the laws OF tho Scottish
realm-haying been married, however unwlllngly,
in accordance with law, and at the same time In
she was in a position Of great danger. She knew
not what course to take but after serious thought
she determined to obey the laws of the church, and
refused to consider herself wife. This refu-
sal was met by Major Yelverton with the PROPOSE
ton that they should be united IN secret py
priest OF her own faith, and having consented,
they were married according to the laws OF Ire
land at Killowen, in August, 1857.
All these facts were proved beyond the shadow
of doubt and verdict was given in favor OF tho
Ill. .pfiH fha Declaring
to the laws Of Scotland, Teresa Yelverton was the
lawful wife Of the defendant In the case. In June,
1858. Major Yelverton left his wife, and within
twenty-fou hours married Mrs: Forbes the WIDOW
of Prof Forbes the celebrated botanist. The Yel-
yerton case now becomes curious one, as serving
to develope facts in regard to the marriage laws OF
Great Britain, the inconsistency and lnJusuce OF
which strike the intelligent people OF other coun-
tries with something greater tnan mere astonsn-
ment
The Irish Courts had decided that Major and Mrs.
Yeverton were legally married. The Fiscal-Gen-
eral of Scotland had the Hon. VIM. Charles lel-
verton arraigned for bigamy The Scottish Courts
decided that the marriage, as solemnized on Scot
tish soil, was illegal. Major Yelverton then ap-
pealed to the same Court to have Teresa Long
worth ''put to silence" torn and process which
require explanation. Ihe form OF action CHOSEN
by Major Yelverton's advisers, from its antique
barbarity has never been practced, and scarcely
ever heard Of even by astute lawyers. 1t is relic
Of the buried past-an obsolete thing; but, follow
law-mskers OF modern times have made new laws
without repeating old ones; and the ancient sta
tute CT "putting to silence is still on the book to
the disgrace Of nation which has given birth to
the greatest jurists known TO the world. This ls
the statute which has kept Mrs. Yelyerton in the
anomalous position Of q wife not married Ia wo-
man married, but without the rights OF wife.
Under this law she does not dare to call herself
the wife of Major Yelverton. Should she persist
in 30 doing the law gives him the right to take
her property, and it also imposes fine upon her.
The following is an extract from the prayer ad-
dressed (the ancient forml to the Sccttsh Court
by Major Yelverton:
'"* = = And that the said woman may be put
to silence there anent, and be fined ESQ for every
time she shall persist in calling herself Mrs. Vel
verton. = Furthermore, that, as he has suf-
fered great pain and uneasness from suoh per-
sistency, she may be fined f1OOO as sotdtium to
his wounded feelings"
As it is impossible to give in the columns OF a
paper anything like a connected history of this
case, it may be we'll to remark here that the re-
suscitaton of forgotten statute has had an effect
not designed by the honorable Major. He has not
succeeded in putting his wife to silence, but has
most efteetually silenced himself. 1t has driven
him into exile, forced him TO change the name
which ne would not allly his wife to use, and has
forever excluded him from the society OF respect
able people who know him. He has been mobleq
in Dublin, Edinburg and London, obliged to leave
the army, backballed from his Club burnt in
efigy, placarded In infamy, and published in every
paper in Europe and America as disreputabe and
cowardly.
The Yelyerton case has thus far resulted iii no
good to anybody concerned in it. 1t has ruined
Major Yelverton, and rendered his wife poor, be-
side draining the resources of many friends OF
both. Since its first appearance IN Dublin
Court it has employed twenty-six judges, and two
hundred lawyers. It has been tried eighteen
times, has consumed six years, and has cost about
s9500O0. :.
On the oiher hand it has been the means OF
opening the eyes of English statesmen to the
great injustice Of forcing statutes which should
have been repealed generations a5o, 1t has pro-
voked discussion in regard to these obsolete laws,
and che repeal Of the putting to Silence" act,
which will soon be effected, may be set down to
its credit. That other barbarous law called the
"Pcnal or Catholic act" will also be erased. by
this act the marriage of Protestant and Catho-
lie is classed as a CRIME, and the parties are hea-
yily fneo their property is conflscated and their
marriage ID rendered null and void. The case has
also brought out female orator-the first and
only one who has ever spoten before the house OF
Lords On the last trial, Mrs. Yelverton pleaded
her own cause in speech which, before any body
OF intelligent men, governed by sensible laws,
would have gained for her every right Of which
she had been dispossessed.
The papers in the Yelverton case weigh sbout
three TONS and would fill good sized room. A
rerba,im report of the whole trial would fill doz-
ems of folio volumes, and more than one readable
book could be made up from the incidents OF the
different trials. When the legahty OF the iiar-
riage was decided by tho Irish Court, there wore
thousands ofpeople surrounding the Four Courts.
The building was crowded. Every available inch
Of space was occupied. The Hon. Major was COW
ering in an obscure corner, dreading tho entrance
Of the Jury. When the verdict was rendered.
such shout was raised as hes never been heard
at trial before or since. The wretch0l defend
ant tried to escape through tho Judges room, but
His Honor closed the door, He was then taken
through the sky-light ont upon the roof, thence
over the roofs OF neighboring buildings, and down
into the street, where he was put into carriage
and hurried to the docks. The miserable man was
tilen placed Oh board a vessel, and hurried to
France.
DIRECT TRADE.-Gen. II. C. Wayne, C! Bruins
wick, Georgia, writes to Floridian correspondent
that @ has been since the war, engaged III the
lumber trade with Europe; that he has sent, the
past two seasons, over fifty cargoes to the differ
-. 80 I.,;Is L. l...sL;,aa.,t: o.