The Express.
London, England, 1862-01-02 00:00:00

T IMPRESS, THURSDAY

THE WINDHAM LIINACT.COMMD3BION.

•
•
After our report ldt yeglatigy,
Dr. Xii)e, !theft to lig. Willbete. etid—l mind LW
to write a leper, and I am bend le eg, Met be eat does
and did it willing the mart a/ Ineoundees
of mind. When be had It bt politely boded it
to nee. It was follows : "Den. 13, 1861.
"Dear Sir,-1 hope, after your axantleatice of we this
maim that yea will be able to give a tereerable opiates
re ewe reyes= which will aid se to Uwrigglynawake theme
us, as 1 think I an Ireatsd
== a charge brougkt against am, dear sir,
yam troll I.
ye. " W. WannuaL
This letter le far more einiiistent with wait, than other-
wire, bet it is not ineweisteet with the elate in which I be.
boo to be.

11:;—Lowell7ti (recalled by Sir R. Giros)—l have •
brother reed Cases, Mama. I bare sees him in or
shwa beggla& bat I have art spats te hiss mace my
motion death, whirl teak pleat lest asamer. I hare sot
seen him and spokes to W sleep fieptembsr. I did sot
meet him la IM. Jaanes'estiese awl wry to him, " Ah, Con.
way, how do yea dor sad legaire what he was doing. The
feet time I saw him beam I~ so eheeireil, that I took
him to my mathees sellettsr, eat begged bin to get him a
gayeties. Mat wee is the gamma, sad slam thee 1 have
sever spokes M Mts. I awes Mid hie Mat I knew of •
espied thing ler bin, lied We I he would swear for the
pastel whet yam( Wiellmil, it would be the
welds( 4 lie (my Imeher). mid he would not require
• siteaties. I sever add esyNht him of that Mad
whatever. I did Doi nay te Ida, "1/W you would bare
to swear to wield be Hitt you bed tired with Llewellyn es
clerk, sad that yea bad ample MMUS of Item* young
Windham's habeas Wm art med ways." I serer made
wash a base atellellike la my Hie ; sad Lewellya world
sever saw ay brother toper his dour. *brother did not
my, " Oh, Augustin bow eta yea try sad get a younger
brother late mesh a moss I" My brother we a lazy fellow,
mad my laded tamed him oat et doors. I have sot
yokes day weeds dace my maliat's death, or
sae word abed Oesseal Whelan. It is therefore
meshes to ereareasedee me almost sash thins,. I did set
way " Yea are very bath ; yea knew as Mill OM the net
of ihe Theism as the generel's side." It is ate et the
bees* laimitosds ever pet upon paper. Be did sot my,
" I will set go into:Lien» to forswear myself or to in
the same
if my f ' ." I did not my to him. " What
will it signify if you brims la young Om hisses t
It would le the asking et yea. Yeadea't semis that I
By
MB clei x tble limmilatebinb..4 eieim.
ii
ywa at
sea
The
lest thee I sew hire wee sa the day hfera 011ehlanerday,
when be woe gettig a lamb semi ear bless la Deloseliesii,
sad beetiag ea It was is1:1 hist I tried to resew
mead bias to my melhar's
By the Meater—Belore I twee hero I bed met thilelighlest
idea what yew the nature el the eusidert that were to
be put tome. The osevenstioa rzer:Mag whisk I bate
been asked is utterly sad eetirely
Dr. Mayo wee thee recalled, sad seem additional gees-
(ions were pat to him by Mr. Colaridge and Mr. Ohembsre
In mamr to the Master, the lamed peediema said he
oceourred with Dr. Wioslow as to his led of aneonadame
at need. _ _ _

Ir. Southey—l have practised more time half a century
as a physivire. Ime te..ted by the Lords Justices to see
Mr. Windhan ; sod I had two interviews with him of about
as hoar each. I comidsred the case • difficult one, bemuse
his comenatien was men sensible than his conduct appears
to hen bees. Bran his conversation alone, I should on
have bees able to some to the conclusion that he was of
assund and but coupling it with hie history, I formed
the crinkle that he was not competent to take are of hie
Pr=andesi—Thonyb I could not from his convoca-
tion ems to the conclusion that he was of unsound mind,
I mold net sem to the °occlusion that his mind was sound.
He behaved empeetfully to me end like • gentleman.
By the Ocioset—l ogres with Dr. Winslow in his definition
of insanity. Any urn of good common sense is compsient
to form an *Mon of a person's malty. I should consider
this • case of imbecility.
By the Jury—l do sot say that Mr. Windham might not
be bewailed by ajudielesetninies,lent Ishould doubt whether
be could be made mar wire thou he kt. Supposing all the
&Siderite I had reed le be imbue I Mend still say that he
wee• very week rem •; bat arid sat go the length of
saLiejg that he woe melt to rang he ear Whirs.
eliZiossiCiES fermady provlet.
Mr. flanesa, the receiver to the wire appointed by the
Oman d chesery, deposed that the sem of 1,1587. 1k 4d.
had lase dmieeted is the seek et eld the parties entitled to
be rid out et the hod up te the Sr et Almon 1861.
This wee the aretissesisszeddersethe
Sir H. Crew then the ire fur the alleged
The ciremeneasse shish be did so were ahnost un-
paralleied, aid the demand 'Ur bad been made upon the
patties. el the jury wee rob as had bra almost without •
prom:teat. The petitioner had with se delicate hand de-
Hearted the history of this yesneres. rid had pointed ell
his viola and follies for the lab n yowl hat his earral
had all the thee sat by in comisined sire. • lad nab
bur able to put questions mew et whisk sight have
seemed to the jury wholly kagerat. And now that his
turn was arms, he hoped that they would being to
the question Wen, tanned. sad judicial mine, re-
collection that sat to the question of Ws or
death uo more 11111111111•11118/ billlll send be submitted to
their decesim. The rag spirt which he wee about to
deleted Mr. Whams lad has most cruel, most union
mod most uajustillable. (Andras, which was not with-
out difficulty repressed.) The Mee the jury would have
to try wee simply whether Mr. Windham was unfit to
manage his affaue on the ground el naseandare at mind.
A MU might be unable to gamy hie propel y nee
of ignorance ; he nth have sesereled to Ha nipsatedly.
and, in Common 11•014 /1111/411it be wholly incapable of
dealing with it rbe err ; yet by the laws of the
country no perms could attempt to control his
actions. Or • ms might be incapable from want
of skill, or from iadifference to his own interest..
Or, again, • gambler that would stake his Isat acre or his
last shilling on the turn of a die or the future of • card
might well be regarded as unfit to manage property • never-
theless •
the court could not interfere. The Englighlaw fell
far short of the Roman, which, when a man was a notorious
unthrift, held him non compos, sad appoieted curators of
his estate. Such • law, as Mr. Justice Blackstone observed,
might be very good for the individual and for his property,
but it seemed averse to the genius of a free county.
" Sic utere too ut non &helium Was," was the
only maxim which the English law could hold on the
subject ; and the circulation of property was well adapted
to keep our mixed constitution in order. He (the learned
enamel) was also entitled, on the authority of Mr. Shelford
and of the Maenad Muter himself, to contend that DO
amount of recillormen extravagance, or eccentricity, would
be soMetent to justify the court in depriving Mr.
Windham of the management of his affairs; there
must be positive incapacity to manage his affairs,
there mast be absolute unsoundness of mind; and
in any ease the presumption was always held to be on the
side of sanity. Now, the first thing that would strike
the jury wee the absence of what bad always bees
considend to be the cardinal test of unsoundness, namely,
delusions. They had no doubt heard of Dr. Monroe'. ease.
The doctor had been indicted for imprisoning a man in a
mail house. The prosecutor was examined at great length,
and not the smallest trace olimanity could he be made to be-
tray, until somebody came into court and whispered to the
counsel, " Try him with the priacess." The poor nem had
a delusion to the effect be had been shot up in a tower and
bad corresponded with a pnotwe in cherry juice. The
moment the subject was alluded to he broke out, and the
trial was at an end. Nevertheless he had the power of con.
coaling his delosion , and haviog indicted the doctor in another
place no ingenuity al souasal could gat him torepeat the exhi-
biting be had made in the other court; the result was
that the doctor was convicted. But this was not a case
in which them was any room for concealment. It was the
contention ri thelpetitiouner that Mr. Windham was imbecile
and of erre he could never display any more mind that;
he poesemed. The jury must use their own powers of ob.
servirien ; sod though the doctors might tell them that the
=dboa* bad not capacity to perform the ordinary
el they mutt not attach any weight to their curl
dense, M nit meld be shown that he bed bees in the habit
• penberwis these duties with propriety end deem=
The jury had bees informed of the property which Mr.
Windham permesd, in feet or in expectancy ; but the
law did rot apply any graduated sliding scale to a Male/
mind. It Xi. Wiadliam wen comp teat to manage • very
imerea, the law would regardhim as equally capable
• stanegiag • mesh huger one.
The learned gathers was still addressing the jury when
the court rose.

A NOVEL Pour-emillOM ROEBEET. -A singular
circumstance occurred si Kebobs ea Monday last. The
postman was °amyl., s mew blase to Mr. Burch,
butcher, al this pie* mime a boss swan, which was
satin m the Weep, swab
it,
grab at the letter,
succeeded is geMing pleminbus of it, and iestantly,to tbs
great boner el tie peer labber-oarrier, took flight. 31b• We-
chimes bird, after a emeidsrable circuit over the 110IIIIM
aligtded in his Isaskes Fixture, and there, before it could
be promoted, ha Core the latter to fragment& On puttee'
tie plena other, Vie Lass wee found to contain a cheque
el E-Am Stanierel.

Tai INOONR Or TIN LIVIIRPOOL CORPORATION.—
At the monks i lin Liverpool Tows C...& yonarday
tin raped dta 1..... ....fa.. was antsailbad, boa
whia %appeared kat there was. writhe Joanne snail-
abase, in uapptast at SAX A nookasedation
pie
pmelie opriake of kat sanant 'mg tin
it vita lie reenentenst sod sir kin wits
is emir tint in owed might be seelikd to nits Sash
ad seepies in aid or aintitatiem et kw
=lem=k4o4 Web O. wen eminent.
"L,......m0ir.A..„..k. hossawAVe Pass. Oar-
-Ls Immix" iiielmobstrestaisal
se
ishin=snisicrizsrer
asarsordcat ail
il 4
.71117 Mis
Wlll* mow See kw
time els .
bomb
roily k onneens at' le ...
..5
emerake irk paean Is limmen '''''
lama velem ullesior
gamer liii seallioll et
bind. Illiq rimppe by •
OM WPM 4inkliN. le ism ....a '''' . no
imuseralie dhows Ai& airsill-IWIlp ' - ' Ida
ad esiNes sagiske.

t.i;iii;.

(Beton Mr.

EVENING!, 1- UNITARY 2, 1862.

tabu Intdkiisix4"
COURT OP BANKRUPTOL—Jaz. L

raibisilqw)

DI 11 1. W. BUTlll3.—vionistra
The bankrupt, described as • farnierrirgrlleme,
Atiogdon, and duce of Alma, Orfordakire
fat gabal
=-11,ti3Erfitt. I,ll2=2Stild; no mill fhb was a
oar which so Irma beat appointed.
lir. 'Mister
Mr. West op on behalf of Mr. Funnel, of the Royal
Albion Hotel. • toe, where the bankrupt bad taken up
his resident, io April last, bad lived there tame weeks, raa
up s bill of AU., and thee left witheat paying • many.
There was nothing in hie amouate tothow what le bad dens
with hie property.
His Homer mid that es the bankrupt was a ma-trader,
and had bum a former, be whit* briber be was wry to
ey somaate were very Rarely Mpg as they owed to be. he
could net he Judged with eh. same nickname es a trailr.
either under the saw or old law. He might psis hie bat
exambiatiou.
_ . _

The tenlorss wee then eraodwed. He mid that he
awed to be e humor two rims 's*. He hod thew Nothing
bat household goods, worth about 001., which were left on
the farm. _ _

---Mr. CTralmni, the official amipos, in answer to the Can.
stated that he bad remised neadas mast the
Makruptcy.
Examination continued—Had hem ince liviss at Alsoott
with his father, who was a farmer, and had seine land al his
own. He had ben Iselpim his father, who kept him, his
wife, sad child. He bad no allowance from his father, only
enficiant for maintemese. In Apra Lit ha went to the
Albion Hotel, MOWN end stayed them three week, or •
month. His bill was Mi. He had our or two dims, parties
Thai he was than. _ _

Mr. iint7—itailywa wen served with very explain
MM. IMO you ?
The Oornandoser—l tbin you may Ws Ike bill oink
for iteelf—.l6l. for three weeks ; it is age* 11. • day.
Diann oratimisd—Hod boss away two or three days
daring the time. Wen to *Wes become Le was than
to stay where Ise was ; ereilbere were after bin Hs
took now sore. Inge at WON" and bad a posy
bead and • pair of pada. Be wen out asuanines eine,
sad some) nos win ladies. B. owed Mr. inn a bill for
bane-hie, besides *bat be had paid bin, IL or IL Ha pre
an order for hewn sad waistcoat to Ir. Iwpg, tailor, sad
also to Messrs. Parker sad Bain, for the nue. He had
mousy then to pay them all. He had sear 1001. when be
went to &Otos, which bis hither bed Ono bin. He
used to allow bin smash spear. He beilnidaens people at
Brnbies, lad bad about OOP. when be Lit there. IhMtbse
.
ens wens be travelled aboat—foor or Ivo Vow lo
sad nes to Heriegs.
ewe!ew lirightea he wen to Paris,
slew, sad stayed a week or rater raw, when be
wee back to Loudon, and spout 10•1111 tins tuna He
retuned to Ahern to Jon, hasher thee use a tow love.
nips left. When he e
we
to
be told the Wan
of the Albion that he to limbo. boa ha bad
altered his mind, beans he that use of his creditors
was din Ida.

Linklater—His father pr, him the 1001. foe his
someß Hi wife sod familmained behind at his
fatWe house ; they afterwards west to her father's hoses.
Had so bill mat him while ha we' at the Albkm Hotel,
and of tonne he never imbed foe it. (A laugh.)
Mr. Linklater—Why, what could induce you to run
into an this extravagance Did you lure Mr. Wind.
bum ? (Laughter.)
Bankrupt—When he left Brightta be meant to go bah
and pay his bill at the Albion, but be afterwards hand that
be bad not money enough. The landlord NNW
who be was, sod made no vphoatton at his &that=
till Jona. He was alt
arrested, sad had filed this
patinas in ocaesquents. Had made so payment at all to
Mr. Fannon. nor had he offered to dom.
. .

Mr. Link-labor—l suppose you mesas to pay this. all, sad,
sot Wag able to do so, paid nobody' (Laughter.)
The Oommiarloner—Most rigid impartlahty, truly.
Mr. West stibinittsvi that this was clearly a MN of fraud,
and that the bankrupt ought to be severely moishol.
Mr. Linklater contended that the bankrupt had no Mies-
tioa of having Lis debts at Brighton unpaid, for be bad
money is his pocket when he left that place, sad mast to
return. There was no doubt he had been gummy el gram
extravagance and folly ; bat that was sots maswith which
the court would deal pmeally.
His Honour referred to the words in the ISO& motion at
the sow act, "or anjastelshis extravagance is living."
Mr. Lbldater —But the astnivegance. in this emits was
sommalied *at only Was the art cams into opseatioa, bat
before It pawed.
This Hoesatimiessr-v•lf *hit mismaduct had oczurred sub.

segued la gm epention of the sow ad I should hams
isim lever it easkrfig the
shedi be imadedirk artaily fee six steads, sad pre-
tty ear twelve alsads, beads I osaeldsr it a are of
pees *ad prellede selasembed Ha may or ad
have had 1001. m hi paid Ara Its went to
bat he des* had me lateallea of applying it to de }y-
anal d hiillstsadbesailad callit his own, ke be
had debts of at least eve the.. that amount. It is spay
clear that he did contract this debt without herds a yea-
amiable probability of mit( it. He was the sea el a man
farmer with six childrim • sad that he should ad say p
to a first-class hotel in Brighton, but live at a sate Vida
was extravagant even for • lit-class hotel, we
unjustifiable. The order of discharge must he d
for six months ; and if I would have dealt with do dame
under the new act, I should certainly have seal bba to
prim for six months.
Hr. West hoped that protection would not be Edna.
The Commissioner—l will give ao predatiou. He mast

wbst•ier they -my b.

INSOLVENT DEBTORS COURT.—TeII, I.
(Before Mr. Commissioner Nichols.)
5K as MICHAEL OZORGI affecnsm..
Ms insolvent, described as editor of the Atlas news.
paper, and as having been literary correspondent to the
French Minister of the Interior, applied under the Pro-
tection Act.
Mr. Parsons, bookseller, of Knightsbridge, appeared in
TAM opp creditor complained that his debt of about
27/. had been incurred without reasonable expectations of
Kmalt. In answer to the learned Commtaioner, Mr.
mid the insolvent had dealt three or four years
with him, and paid him money before and since the present
debt was oontracted.
Mr. Commissioner Nichols asked Mr. Parsons it be knew
the insolvent's occupation.
Mr. Parsons said he knew he was a correepondset to the
French preeminent, bat did not know exactly what situa-
tion he filled. He had IMOD the deecriptkm lithe schedule.
Mr. Commissioner Nichols said the insolvent described
himself as literary correspondent to the Preach Minister
of the Interior. He presumed he knew that the insolvent
was also oonsected with • newspaper.
Mr. Parsons said he was ewers of the circumstance.
Mr. Commissioner Nichols thought that there were
means of payment.
Mr. Parlous complained that the insolvent had given a
bill of sale on his furniture, and thereby prevented himself
paying his debt.
It appeared from the insolvent's examination that be had
some exeuntioes, and Mr. /Bowman, the sheriff's raw,
persuaded him to borrow some money of Messrs. Lumley
on a bill of sale. The furniture had been sold, and he had
not an account rendered.
Mr. Commissioner Nichols referred to • statement of
401. as borrowed of Peter Morison, Esq., to pay Messrs.
Lumley.
The insolvent said he intended to pay all his creditors.
The insolvent's attorney called the attention of the learned
Commissioner to the proposal on the schedule to set aside
501. a yea. He said the insolvent was now not connected
with the Atlas, and wished the payment deferred.
Mr. Commissioner Nichols would saothing am the
subject at present. He named • day (Feb.e 7) for the final
order.

.llf 1t Hip =

This iniolvent,wkiTii was ibakee ittican;e Bitten, applied
under the Protection Act.

Mr. Dowse opposed for Memo. Mask and Mr. Way
supported.
An objection was Won to the juriedietion of the awl,
co the pound that the debts exceeded 300/. ; and sa the
insolveet was a trader the poillise weld sot be sustaioed.
The court concurred, aed diendsosel the petition.

IN RR JOHN NICHOLSON:TIMM? TO ONSIDITONAL
Mr. Robertson Griffiths Lemd to male the politics, on
the ground that the creditors bad all boa paid. Thar*
was a balance in court.
Application granted.