The Express.
London, England, 1862-01-16 00:00:00

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LONDON, TEGTADAY, JAN. IG.

Tani is the twenty-fifth day of the WINDHAM
Inquiry ; and no doubt everybody is heartily sick

of this ndassabia story. Even the most prurient
imagination =net be sated with the wearisome de-
toile of filth and folly. But disagreeable as the
subject is, it is impossible to forget the vital im-
portance of the issue, when on the verdict of the
jury depends not only the personal liberty of one
of the Queme's subjects, but the establishment of
• leading precedent. Rightly or wrongly, the law
of England declares that no man who has reached
the age of twenty-one shall be deprived of the ma-
nagement of his property, or shut up in an asylum,
unless he be • person of unsound mind. No
amount of mere folly or extravagance will satisfy
the requirements of English law. There must
be distinct insanity in order to justify
the jury in bringing in an unfavourable verdict.
There are some countries in which the law, recog-
nising a condition of mind between sanity ad is
▪ provides a sort of adviser to weak-mindod
persona ; but in such saw the person who is tech
'ally called pnsisstal is neither deprived of he
personal liberty, nor indeed of the management of
hie property. But it most be observed that this
doctrine is utterly unknown to the Bashi lay.
Here there is no medium between amity or Una.
oily ; and any man who is declared by s soespetend
tribunal to be insane will certainly be deprived of
the mansgement of his property, and probably el
his personal liberty. It is impossible, therefore,
to deny that in this case the result to Kr. WINO.
II 11 a must be one of the most serious impedes's,
and that the result being so serious, it la the
bounden duty of the jury to exercise the ousel
impartiality in erasidering a question Ada ebri•
ously requires =Dom &Wavy and diemhninellem
Iroise eresary oirsumbsoes it would add*
have been the duty of the Press to shish' from
any eminentc upon the sees until the jury had
returned their verdict. No doubt the length
of the time occupied by the trial, and
the large spew whisk his been incurred, are
tempting subjesta to them who pander to that
" semetions " mania whke is sourcely Ism rife

in Louisa than in New York. If toe teeth warn

known, perhaps neither the time nor the wet
could have been curtailed; nor should either of
these considerations have induced us to approach
the subject. Mat within the bet few days •
question hoe arisen which is of vital importance to
the administration of jumbos, but in discussing
which neither Mr. SAMITZL WAILSIN, the residing
Master in Lunacy, nor the jury laws displayed
that judgment and practical sense which the
matter imperatively demands.
As the condition of Mr. WINDIUN'II mind is the
point at issue, and the point upon which both the
Master and the jury are bound to form an opinion,
both the Master and the jury are naturally
anxious for • personal interview with the alleged
lunatic. For nearly • month they have been
employed in listening to the history of the
life and adventures of this unfortunate youth,
and to the opinions which ell sorts of people have
formed as to his asnity or insanity. Like men of
common sense, however, they want to judge for
themselves. They want to see this youth, to con-
verse with bim, and to hear what he has to my in
answer to any questions which they may think
fit to put to him. Singularly enough,
Mr. WIND/LAII has precisely the lame wish.
If be is in his senses, he is no doubt
reedy to admit many of the charges made against
him of extravagant folly and gross behaviour. But
he denies that lie is insane, or deserves to be shut
up in • lunatic asylum, or even that he should be
deprived of the use of his property. It must be
admitted that if there be any test more likely
than another to elicit the weak point in his mind
it is an examination and • cross-examination in a
court of justice. No doubt many men who are
almeet insane in action are singularly sane in con-
versation, but by no possibility can the jury be
furnished with ocular or experimental proof of
his madness in action. So far, however, as con-
versation is concerned, it is impossible to propose
a more crucial test of sanity than the ordeal of the
witness-box ; and to this test Mr. WINDHAM is
not only ready, but anxious to submit.
Nor is it very easy to understand upon what
ground such • demand should be refused. The
jury, indeed, seem inclined to insist that Mr.
**mousse shall be examined alone; and Mr.
Wsaaite, the Water, Ins said that " his
" Mods would be paralysed," should any such
examination take place in public. Mr. Was-
s= insists that he cannot permit Mr. WIND-,
HAM to make an exhibition of himself either
in public or private ; and he assumes that the
questions which either the counsel or jury might
put would be of such a character as "to outrage
" public decency." There is really no danger of
the sort. Public decency has been already suffi-
ciently violated ; and even this result must be
braved in order to do right in • court of justice.
It is not to be forgotten that the inquiry
into Mr. Wimeit•ie. sanity is a public inquiry,
conducted in an open public court, and before a
jury of his fellow citizens. This mode of investi-
gation is unquestionably cumbrous ; but if it has
any merit it consists in its publicity. The law
has prescribed it, and the provisions of the law
must be carried into effect. Neither Mr. Wiliam,
nor the jury would have ventured to sit with closed
doors to hear the evidence of the 150 witnesses
who have already appeared in the public box.
But even the whole evidence of these 150 wit-
nesse* is of less importance thew that of Mr.
W NI onin himself, and yet it really appears to be
a matter of doubt whether this, the most im-
portant witness, is to be allowed to appear in pubbe
•anrwer such felelltiODS SS may be put to him.
Mr. Wixom* u does make as exhibition of him-
in court, as Mr. WARKIX says, it will furnish
Magni mastics of his insanity j if he doss not
make an exhibition of himself, the result will be

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