The Express.
London, England, 1861-12-18 00:00:00

THE WINDHAM CASE.

COMMISSION OF LIINACY.-(THIS DAY.)

. . •
The inquiry was again resumed thus morning,
when

The Master at the opening of the court observed that ha
was seriously distressed at the length to which the evidence
promised to go. He had already been called upon to sign
no lam than 350 summonses for the attendance of persons from
variousparteofEogland, Ireland, and Scotland. Of course this
would occasion very great expense as well as great loss of
time, though it was to be hoped that as the proceedings
wont on, counsel would find that many of these witnesses
would not be required to attend. It might be con-
venient teall parties that he should state what he proposed.
They could not, of course, sit on Monday— the day of the
Prince Coosort's funeral, but with that exception he pro-
posed to sit every day but Sundays and Christmas Day, till
the Ist of January, after which other important duties
would take him away till the end of the week.
Sir H. Cairns was most anxious to limit the inquiry as
far as possible, but that must depend in a great measure
upon the course taken by the other side.
Colonel Bathurst was recalled and croseexarained by Sir
H. Cairns-1 was with Mr. Windham rather more than
three months. When we were abroad Mr. Windham did
not speak French, but *lad up one or two words of the
language, end he was obliged to coolies himself to convers-
ing with thew who spoke English, of whom there are
always plenty abroad. We attended the protestant churches
on the Continent, but I had great difficulty in inducing
him to go. While on the Continent he purchased a
suit of clothes which were unsuited to him, and
I considered that in doing so he was throwing
away money. While we were abroad I paid for
everything, even to an ice or pair of gloves, and as be had
nothing to buy, when I found the money I gave him was
gone, I good humouredly asked him what he had done with
it, but he could give me no account, or rather would merely
laugh and my nothing. 1 spent for him while we were
abroad in clothes and pocket money at the rate of 200/. •
year. I have seen him once or twice since we came back. I
met him on one occasion driving.
By the Master—He was driving a pair of horses. He was
driving himself.
By Sir H. Cairns—We never entered a Roman catholic
church while we were abroad, and upon that subject a
wrong impression has gone forth consequent upon a per.
fectly erroneous paragraph that appeared in the newspapers.
Be-examined by Mr. Chambers—The dress he bought on
the Continent was unsuitable for • gentleman. It was not
in good taste.
By the Master—While be was with me be dank a great
deal more than was necessary, but not to exam so as to get
drank, for be had a very strong stomach. I have seen him
tipsy. When he was tipsy he was quiet. Ido not think
any of his sonentriaities could be fairly attributable to drink.
Mr. Charles Farrar (by Mr. Field)-1 ant one of the
registrars of the Court of Chancery. I met Mr. Windham
at Spa, in August, 1854. I saw him at the gaming-table
two or three times. He was not often there. I saw him
play, but he paid no attention to the game. lie took no
interest in the game but threw his money about recklessly,
putting his money upon anything without thought. I
often conversed with him, and thought his mammoth's
idiotic. I gathered from him that he was living with a alas
below hie own station. I saw him at the railway station
acting as a railway porter. He dressed very negligently,
as if he had come out of doors or of bed in • hurry. Some•
times his trousers and waistcoat would be unbuttoned and
bet tie lofts. His conduct was such as to excite the atten-
tion*, bystisoders.
Cross-examined by Sir H. Cairns—l did not observe the
amount of the stake for which he played. I don't think he
played for gold. I have seen him put down two or throe
pieces at a tuns. I have certainly seen him play for more
than • dve-franc pi* at • time. I have seen
him play fur 15fr. at • time. I was play.
lag myself. I cannot remember what the conver-
sation me now that I describe es idiotic, but he would
wander front one subject to another, and spoke and acted
like a man with no mind. He caused some annoyance
at the gaming table, and was particularly fond of thrust-
ing himself upon ladies when playing. 1 do not know
whether he won money at play. He told me he liked to be
on the railway and to work the engine, and that he liked
being with the people who worked the engine. I never saw
hint driving on the engine.
Re-examined by Mr. Chambers—l do not know the time
of day at which I saw him with his clothes unbuttoned.
I cant say that the class of ladies who frequent the rooms
at Spa would be annoyed at his conduct. (A laugh.) I saw
him more then once on the railway platform, opening aed
shutting the carriages and acting as a railway porter. From
his general conduct and conversation, I regarded him as a
person of no mind at aIL
Mrs. Mary A. Wilkinson—l reside at Lymington, and am
• widow, and between two and three years ago
I resided at Spa. I met Mr. Windham there
in 1859. He resided atethe mime hotel with nee on two
occasions in the spring, and again in the autumn. I had
no knowledge of hie family except from hearsay. I saw
I him every day frequently. I constantly conversed with
him. He cooducteu himself like a child. The general ob-
ject of my conversation with bin. was to improve his man.
nen iu society, and teach hint the difference between truth
and untruth. I took an interest in him because of his weak
intellect. He could not control himself from crying. If
he got into any little scrape he would cry and oome to me
to help him out of it. He used to thank me, and *-
mime to behave better, but he never kept his promise,
because he did not snow the value of promises. Ile
would cry without any cause sometimes. I spoke to
him about his rude conduct. At the table d'lMte be
ono so conducted himself that be obliged rue to
say I would leave the table unless ho conducted himself as
• gentleman. lie indulged in the most extraordinary laugh,
and was induced to leave the table d'hOte, and afterwarda
he was ordered to leave the hotel, but on my explenation
he was allowed to remain. There was no cause for the
laughter. I have seen hint indulge in similar fits of laugh-
ter on other occasions. I have frequently met Lim al
society at Spa, and have been obliged to explain mid &Ho-
gue, for his extraordinary conduct on such occasions ou the
ground of his weak Mailed. At a quadrille party tlico: a
young lady. brought him up to um, and said clue did oat
leave him immediately and come up to my side, bowie
she did not wish to make a scene, but that he hod
tlueeteued to box her ears for not dancing so quickly as he
wished Ler to dance. (A laugh.) He told me that Le bad
acted as guard at the railway as far es the next atation, of
take care of some jewels and a pony carriage belonging to
person he did nut know. When 1 spoke to hint about it Ls
said be knew how to do it, and it was umusenieut fur has.
I told hint he must never do it again, and that it was only
on eccouut of his eccentricity that he was allowed by the
foreigners to do it.
. .

grace-examtued by Mr. Karilake—l cannot call to mind
a direct falsehood he told me. They were rather exaggem
tious, so extraordinary that 1 did Out believe a word he aal.
He said that he had been in the habit of carrying pistols
and would use them ; that he could have any sort, of ca
riage, and could manage any sort of hone;
that he was so brave that he could drive say
horse. I toted and got • person to
loud um • pony carriage for him, and he used the potty re
cruelly that the person I borrowed it of said be would nova
allow Mr. Windham to drive • horse of his again unless
unit with Lim, and was answerable. I met Mr. Windbag
in society with Col. Bathurst. I was not dressed like • MO,
while at Spa. I met Cul. Bathurst first in private socirty
smile years before, and reniembetod him when I law loci
at Spa. Colonel kbaliunt did not alwaya dins at the tall
d'hote when Mr. Windham dined there, but generally be
did. Colonel Bathurst was nut present when 1 explaited
for Mr. Wiudliam in French to prevent the °Meat
turning him out of the hotel being carried oat.
The waiter spoke to him in French, which ha did not
stand. I have played at the roulette table -that is, slam
passing through I have put down a the franc piece. I was at
a very severe lour. I maw Mr. Windham the ev. mug btre
we all left put down money at the table, but it was usual
on the hut *ng fur everybody to do sn• std
I told him that Colonel Bathurst would shoe hue
to do so. Colonel Bathurst had spoken to me, and etall
me to look after Mr. Windlitun when I saw him,
dal, and introduced hint to my friends. I introduced LC.:
to the lady with whom he daueed. Ile was food of thus:.
but could not dance. I have known him pass an eTtiliZe; 4
the rooms without dancing. The rooms were gearn4
crowded. My maiden same was Horraeka. M. Burrsjd
waa at one time a tutor of Mr. Windham's. He est tutor
to him after Colonel Bathurst gave him up. ('old
Bathurst asked me if 1 knew any one who would take Mani
of him, and I mentioned my brother's lanai w
him. 1 came to England in May this year, WI
I have not seen Mr. Windham sines he telt Si'.
The scrape Mr. Windham got into when he cuio.ulted see
help him in Spa was the order to leave the hotel on wool
of his conduct. I do not recollect any other case at ttj
moment. He was always asking my advice as to sI
be was to do. He applied to me whets be took char.
the pony oe the railway, because he thought Col. Ballit,"
would sotlike it. When I told hint what the waiter oxide L.,
table d'hote, he replied, " Oh, nonseuse, 1 doe't
what anybody said." I then told him if be
not behave properly I would leave the table.
bogged WC not to do so, and promised to behave W.
He did behave better. He afterwards came to my drelca''
room, and while there a note came from the liotel-heePrr
French, addressed to bim, desiring him to leave iniusdala:.•
I road the letter. He was very anxious that .1. liatbur'
should know nothing about it, and he asked me to explain."
matter away. I did explain to the landlady that be
person of weak intellect, and he was allowed tumuli& ".
spent most of his day. with me, awl I sometimes read °
him, but be did not seem to uuderstaud what I reel r't

- -
used to walk out with me.
Cross-esandoed by_Mr. Coleridge—l am nertaatn!''''
quaioted with Mr. Windham's rebitiou... 1 have wet cl
distant connexions of his in society.
Re-examined by Mr. Chamber—When 1 compitnol
him of hie conduct, he answered me at a cnibl
parent who corrected him. He was very foud of as:.
rating his own importauce, like a vain and silly et-•
Thom is oo foutslatioo for Mr. W ind hal u or anyone else 'lr:j
that I was is the habit of gambling. Who
Bathurst said he was going to leave Mr. Windham. 4.1
Windham wished me to write to my brother, which I
brotherß"wished wanagaint4b: militia 111 chugelitia I (eDMLnitZttlitrbrllrliOla'

Windham wished me to write to him.
By the Jury—Mr. Windham was very untidy is bib.
sad hi his person.
[The case was proceeding when our report Id t-1