New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1904-12-14

the fact that they had lived together as man and
wife in Scotland. though they had never gone
through any ceremony of marriage. civil
lgious. Sir Francis decided from the bench that
the fact that the claimants parents had lived to-
gether as man and wife and had addressed each
other such in letters produced in evidence con
stituted a valid union. and therefore, that the
claimant was legitimate and entitled to his par
euts' fortune.
The House of Lords took a different view in the
romantic feiverton case. Major Yelverton son
of the third Lord Avonmore. after being severely
, wounded while serving with the Royal Artillery
In the Crimean War. was nursed back to health
and strength by of Florence Nightmares
most charming assistants a Miss Iongworth. IT
was only natural that the major should fall in love
with his beautiful nurse. who was a girl of ex-
cellent family. After the war was over they met
in Ireland, and one afternoon dropped quietly down
the Carngford Lough to Kilowen where in the
picturesque and ancient little chapel which is one
of the features of that spot they were married
according to the rites of the Roman Catholic
Church by Father Moody
They subsequently lived together at Edinburgh
where Major Yelverton, who was a Catholic, read
aloud the marriage service of the Church OF Eng
land with view of further consoda ting the union
with his Protestant wife He also introduced her
everywhere in the Scottish capital as his wife but
subsequently deserted her in France and married
rich widow a Mrs. Edward Forbes daughter of
General Sir Charles Atworth
Miss Longworth or the Hon. Mrs Yelverton, as
London courts for the restitution of her conjugal
rights, Charles Russell. afterward Lord Chief Jus
tice Russell figuring of her counsel and
being especially interested in her The petit
ton denied the ground that Major Yelver-
ton Irshman and that the London court
had jurisdiction in the matter. ThereupOn
other action was brought in the Court OF Common
Pleas at Dublin. where Major Yelverton denied
that either the ceremony at Killowen or his union
at Edinburgh had been Of q valid character, add
ing llJ- he nc slightest
intention OF making Miss Longworth his wife. The
Dublin jury however found that there had been
a legal marriage IN Ireland and common law
marriage in Scotland and gave verdict in favor
Of Mrs. Yelverton.
The major thereupon carried the in appeal
TO the House. of Lords. There the Lord High Chan
cellor of the day, well the, great Lord
Brougham gave 1t as his opinion that there
had been a common law marriage in Scotland,
that the union of the major with Miss Longworth
was valid and that his marriage to the widowed
Mrs. Forbes of a bgamous character. But
the majority of the law lords decided against Mrs
YelveTton. who therefore became once more MISS
Longworth.
Her sad fate created deep impression on
Charles Russell. and that he never forgot her
wrongs is shown by the fact that when raised to
the peerage he asked to be permitted to style
himself Lord Russell of Kowen." Major Yelver-
ton afterward succeeded to his fathers peerage
and the present Viscoant Avonmore is his SON
II had generally been supposed until the other
day that the SO-called Scots Marriage law no
longer existed. Sir Francis Jeune's decree in the
recent Whitehead has shown that it is still
in force fact which visitors 10 Scotland would
do we'll to bear in mind. Indeed. in this connection
it may be as well to recall the verses on the sub
ject composed by of the most eminent judges
of Scotland, the late Lord Neaves
Ye tourists who Scotland would enter,
The autumn to pass,
I'll tell you how far you may venture
To firt with your lad or your lass;
How close you may come upon marriage,
Still keeping the wind of the law,
And not by some foolish miscarriage,
Get wood and married an a
This maxim itself might content We.
That marriage is made by consent
Provided it's done de present..
And marriage is really what's meant.
Suppose that young Jocky and Jenny
Say We two husband and Wife
The witnesses needn't be many
They're instantly buckled for life.
Suppose the only has spoken,
The woman just givin's nod.
They spliced by that very same token,
Till of them's undrr the sod.
Though words woulo 80 bOder and hunter,
The want Of them isn't flaw;
For signisQue lOQuuntur,
Is good coDsistorial law.
.-.--a MARQUISS DE FONFENOY