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ought to issue. We are, at the we should not be doing that which same time, sensible of the incon- it is our duty to do, under the auveniences that may result from the thority of the precedents to which exercise of such a jurisdiction. We our attention has been drawn, were are quite sensible that it
be we to refuse this writ, therefore felt to be inconsistent with that the writ must go." higher degree of colonial indepen- A writ was accordingly issued to dence, both legislative and judicial, certain specified officers in Canada, which has happily been carried commanding them to bring up the into effect in modern times. At body of one John Anderson, ad the same time, it is to be observed subjiciendum, &c. But here a sinthat, in establishing local legisla- gular difficulty was anticipated. tion and local judicial authority, The shortest route from Toronto the Legislature has not gone so far at any time, and the only one open as expressly to abrógate any juris. in winter, which now prevailed, is diction which the Courts in West- through the United States, and it minster Hall might possess with was not to be supposed that the reference to the issuing of a writ Government of the Union would of habeas corpus into any part of refrain from seizing the fugitive Her Majesty's dominions. We slave while a mere passenger find that the existence of that ju through their territory. This risdiction in these Courts has been difficulty was escaped through the asserted from the earliest times, glorious uncertainty of the law. and exercised down to the latest. The prisoner applied for a writ to
Findivg, upon these au- the Court of Common Pleas in thorities, that this power has not Canada, and that Court, on inquiry, only been asserted as a matter of decided the detention of the pridoctrine, but carried into effect and soner to be illegal, and ordered execution as a matter of practice, him to be discharged. and that the writ of habeas corpus In delivering their judgment, has been issued even ivto the do- the Justices of the Common Pleas minions of the Crown in which expressly avoided the discussion of there were independent local judi- the great questions of principle catures and local legislatures, we which are involved in the case. feel that nothing short of legisla- Their decision was based upon tive enactment depriving this purely technical grounds. These Court of such a jurisdiction would grounds were the insufficiency of warrant us in omitting to exercise the evidence to establish a case of it when we are called upon to do murder; that enough appear to 80 for the protection of the per- show that, according to the laws of sonal liberty of the subject. It the Province, the prisoner had not may be that the Legislature has committed murder ; that the warthought proper in its wisdom to rant of commitment, in statiug that have the same concurrent jurisdic- the prisoner did “wilfully, mation between these Courts and the liciously, and feloniously stab and colonial Courts as there is between kill ” did not declare any crime the different Courts of Westmin- under the Extradition Treatyster Hall. We can only act on for instance, “ murder; the authorities that have been contrary, the words inferentially brought before us, and we feel that declared another crime distiuctly
cognizable by our Courts, namely, owners should be disappointed of manslaughter, which was not one
On the other hand, of the crimes specified in the the people of Canada, who abhor treaty. This, they said, was a slavery from their souls, and give thoroughly substantial objection; a sure refuge to the fugitive, were not a mere technicality, but the greatly dissatisfied that an English want of an essential charge, neces- Court should pretend to jurisdicsarily fatal to the validity of the tiou within their Province. At this detention. For these, and for time, however, the armed support other reasons of a more purely of Great Britain was a necessity technical character, the Court of to the Canadians, who were Common Pleas considered the pri- threatened with an immediate or soner entitled to his discharge. prospective conquest by their
The proceedings in the case of neighbours, and, therefore, their Anderson produced singularly con- dissatisfaction was not loudly extradictory results. The people pressed. The position was, horswhose demands were refused were ever, felt to be anomalous, and to well satisfied, the people whose be suggestive of future danger; views and feelings were sustained and Her Majesty's Ministers, were much displeased. The popu- therefore, early in the session of lation of the United States, who 1862, introduced a Bill in the had demanded the extradition of Imperial Legislature, by which the the slave, were now engaged in a power of the Courts at Westminterrible civil war. The Free ster to direct writs of habeas corStates, whose representatives had pus into Her Majesty's possessions made the requisition, were busy abroad which possess courts of subjugating the Slave States, and competent jurisdiction is taken the friends of abolition were, there- away. fore, well pleased that the slave
THE YELVERTON CASE.
The Irish Court of Common proceedings—some even sacrificed Pleas and a special jury have been their editorial vanity to the epheoccupied for ten days in the trial meral deity, and omitted their of a cause, in which the parties, leading articles in honour of her; the circumstances, and the plot whilst others (inappreciable devocombine to produce a romance tion in a provincial journal!) even equal to the feverish complications omitted their advertisements that of a French novel. The interest their goddess might not be de. with which every point in the de- frauded of her claims to sympathy velopment of the story was watched by a full narrative of her wrong. At by the people of Dublin has never length, when the protracted probeen exceeded even in that city ceedings had exhausted their of judicial sensations. The Yel. powers of self-restraint, and before verton trial was the absorbing the trial was concluded, the Irish topic of conversation in every editors assumed the verdict, and rank; the newspapers devoted burst forth with fervid comments their whole broadsides to the daily on the misfortunes and sufferings
of the victim, and the baseness of among the most interesting of our the man she claimed for her hus
The trial comband Nor, in fact, was this vivid menced on Thursday, the 21st of interest confined to the Irish me. February, before Chief Justice tropolis or to Ireland. The fuc- Monahan, and continued until 7 tuations of the case were watched o'clock in the evening of Monday, in England with similar interest. the 4th of March. The pleadings The strange revelations of life set forth that the claim was for iucident to the Crimean campaign 2591. 178. 3d. for necessaries, &c., -the beauty, talent, and ill-regu- supplied to the defendant's wife lated passions of the victim-the and her servant: to which the deconventional moral maxims of the fendant pleaded that such necesseducer, and the phantasmagoric saries had not been supplied to manner in which foreign convents, his wife - the real question in issue Sisters of Charity, Greek priests, being, whether the lady to whom priestless Scotch marriages, and the articles had been supplied Roman Catholic priests, came and bad contracted a valid marriage went, forcibly arrested attention. with the defendant, and was, conNor did the fact that, since these sequently, his wife. The former events, the defendant had become proposition was affirmed by the heir presumptive to a barony, and plaintiff, acting on behalf of the had, notwithstanding the con- alleged wife, and denied by the sciousness of his position towards defendant. his former victim, married a Scorch Mr. Serjeant Sullivan stated lady, the relict of a man universally the case for the plaintiff, narrating esteemed, and but recently de- the facts, which can be more ceased, leaving a considerable vividly presented by an abstract fortune to his widow, at all detract of the evidence. The lady whose from the interest inherent in the conjugal claims upon the defendmain story.
ant were the foundation of the In the case of Thelwall v. Yelver- action, was the first witness called. ton, the plaintiff sued the defendant Mrs. Yelverton is of middle for the price of necessaries and height, slight in figure, with an clothing supplied, as also for the extremely intelligent countenance hire of horses and carriages, and light and vivacious when anifor money advanced by the plain- mated, but almost sad in repose, tiff for the use of the defendant's and without being positively handwife: the question involved in the some, her appearance is at once issues to the jury being the validity prepossessing and ladylike. Apof the marriage between the de- parently not more than 28 years fendant the Hon. Major Yelverton, of age, her thoughtful, resigned, of the Royal Artillery, second son and almost melancholy features of Lord Avonmore, and Miss would induce a belief that she had Teresa Longworth. A brief sum- lived a much longer life. mary at best is all we can hope to On entering the box she give of the proceedings and of the exhibited that composed and colchief points of the evidence, in lected appearance which she preorder to afford at one view the out- served throughout the whole of lines and incidents of a romance in the trial, giving her evidence with real life, which will take rank a distinctness, an aprarent absence Vol. CIII.
of reservation, a dignity and can- fine, and many of the passengers dour, which seemed at once to remained on deck all night. Major secure for her the hearty sympathy Yelverton and the youug lady conof the crowded Court.
versed a good deal. They sat She was sworn as “ Theresa opposite one another, and he placed Yelverton.” The opposite counsel his plaid so as to protect both having on one occasion called her their knees. When they arrived Miss Longworth, she promptly in London he called a cab, and remarked, “I am not Miss Long. parted from her at the railway worth ;" and the Judge ruled that station, having obtained her adshe should be addressed by the dress, which was at the residence name she had given to the Court. of the Marchiones de la Belleisle,
She stated that she was born at where her sister, Mrs. Bellamy, Chetwood in Lancashire. Her was also staying. Major Yelverfather was a silk merchant in ton paid her a visit there on the Manchester, and was descended next day. She saw nothing more from an ancient family. Her of him for years. Some time after mother died while she was very this Miss Longworth went to Italy. young, and she was sent to France While there she learned that to be educated in a couvent. Major Yelverton was at Malta, and Though her parents were Protes. she sent a letter under cover to tants, she was there brought up as him, with a request that he a Roman Catholic. Her father would forward it to her cousin, she described as an atheist, who who was in the East. This treated her with severity, and made led to a correspondence which her home disagreeable. She, how- was spread over years, and beever, nursed him in his last illuess, came
as it proceeded. and she wished to make the amende When the Russian war broke out, honorable to his memory by stating Miss Longworth went to Constanthat many good men held similar tinople with the French Sisters of opinions. After returning from Charity. She wore their dress, the French convent, she spent two but did not take any vows. While years in Italy, where she completed attending the sick and wounded at her education. She had two the Galata Hospital she received sisters who were educated in the a visit from Major Yelverton. He same convent. One of these was there made her an offer of marmarried to a French gentleman riage, and asked her to leave the named Le Favre, at Boulogne. hospital, lest she might take fever Miss Longworth paid this lady a or some other disease. This ras visit in 1852, and it was on her two years after the correspondreturn to England in the steam- ence began. She declined to leave boat that she first met the de- the hospital till the war was over. fendant. Her statement as to Soon after she went on a visit to the commencement of the acquain. General and Lady Straubenzee at tance was to the following effect: Balaklava, where she stayed six She was accompanied to the weeks. There Major Yelverton steamer by her sister and her was a frequent visitor, and was resister's husband. Major Yelverton, ceived as a suitor, as her fiancee, as a fellow-passenger, was polite with the knowledge and sanction and attentive; the weather was of the General and his lady, under whose protection she was. At length they found at Rostrevor, He then, for the first time, men- near Newry, the Rev. Mr. Mooney, tioued his pecuniary difficulties, a priest, willing to perform the and said he could marry no one ceremony, and Mr. Mooney obbut a lady who could pay his tained à dispensation from the debts, but £3000 would do. She Bishop to enable them to marry replied that her fortune was not privately. Major Yelverton had under her control, and she had bought the wedding-ring at Dublin, but a life-interest in it. He which was used at the ceremony. came again “ because he could not The priest met them at the chapel stay away," and proposed a secret on the 15th August, 1857. She marriage in the Greek Chapel at and Major Yelverton knelt toBalaklava, to which she objected. gether at the altar at which the She returned to England in 1857. priest was standing, and they reAfter that she went to Edinburgh. peated after him the marriage serMajor Yelverton was then stationed vice in due form, and omitting in Scotland. In Edinburgh she nothing important. When the resided with Miss McFarlane, ceremony was over, Major Yel. daughter of the author of that verton gave the priest two £5 name, a convert to the Church of notes, one for the dispensation and Rome, and now a Sister of Charity one for his own fee. After that in London. In Edinburgh Major day she and her husband lived like Yelverton proposed a Scotch mar- married people, which they had riage, and performed the ceremony never done before. Major Yelby reading with Miss Longworth verton had stated to the priest the Marriage Service of the Church that he was a Catholic, and thereof England from Miss MoFarlane's fore free to marry a Catholic. “ Book of Common Prayer,” After the marriage they went to which was lying upon the table. the Giant's Causeway; they then She was not satisfied with this returned to Belfast; at this place ceremony, believing that marriage they parted, he going to his family, is a sacrament, and that it would she to Edinburgh. In about a be a sin to live with her hus- fortnight he joined her there, and band unless the union were they went on a tour in the Highblessed by a priest. Therefore lands. In Edinburgh they were she steadily refused cohabitation. known as man and wife, As such In order to satisfy her scruples, they were received by Mr. and Major Yelverton consented to a se- Mrs. Thelwall and others. In the cret marriage by a Roman Catholic visitor's book at Dover Castle, her clergyman. She had been staying in husband inscribed their names as 1857 with her sister, Mrs. Bellamy, “Mr. and Mrs. Yelverton.” Subin South Wales, but for the purpose sequently to this they travelled on of this marriage crossed over from the Continent, and in applying for Milford Haven to Waterford, the necessary passport at the where she met Major Yelverton Foreign Office, Major Yelverton by appointment. There, and at described the lady as “Theresa Thomastown, at Dublin, and at Yelverton.” At Dunkirk he inNewry, whither they went in search troduced her to a gentleman as of a priest, they stopped at the his wife, and they were known as same hotels, but did not cohabit. man and wife at the table d'hôte