The Sun.
London, England, 1862-01-04 00:00:00

THE SUN, LONDON, SATURDAY EVENING, JANUARY 4, 1862.

had not made any calculation of it. He did not'
complain of that, but it was quite evident if there
had been any unfairness in the terms of the con-
tract, there would have been numerous witneses
to come forward and state it. The contract was
submitted to General -Windham, he was perfectly
well aware of the terms of it, and yet he had taken
nosteps
into
thinreefewrietnnceess box to
to it, andbehe
examinedhad not p
upon
itto
come ,
as Messrs. Lawrence and Fry were willing, if the
£l,OOO which they had advanced upon it were re-
turned to them, to give up the contract, and that
General Windham knew perfectly well. Then as to
Mr. Roberts being the purchaser of the timber in-
stead of Messrs. Lawrence and Fry, it had nothing
to do with the matter, except that he would of
course have the commission actually given to a gen-
tleman who recommended purchasers to the vendor.
After the marriage, when Mr. Buck was sent fur to
Felhrigg, he said he attended to Mr. Windham,
but that a day afterwards he received a letter from
Mr. Windham stating that his wife wished him to
be attended by her own doctor, who was then in
the house. There was nothing singular that she
should desire her own medical attendant to see him
instead of an obscure Cromer practitioner. Having
alluded to the fracas at the Euston Hotel, and the
story of a man being knocked about, with his eye
hanging down his cheek, and the row between
Mr. Bury Hutchinson and Dr. Neal, and General
Windham being sent for to bail Mr. Neal out
of the police-court, he had no explanation to
offer about it, as Mr. Windham had nothing
to do with it. Having reviewed the evidence of
some of the policemen as to the statement of Mr.
Windham that his wife had run away from him,
and had taken property to the value of £30,000 with
her, but the same witness admitted that he had, in
his affidavit, stated that he said £13,000, and there-
fore that showed his evidence was not to be relied
on. As to the evidence of the railway guard that
Mr. Windham had requested him to lock Mr.
Roberts and his wife in the railway carriage whilst
travelling in a night train, that suggested that it
was only done to prevent persons from going in and
making matters uncomfortable, and also that they
might not see the occupation he had taken upon
himself in assisting the engine-driver; and there
was no evidence at that time that Mr. Windham
knew that any intimacy had existed between his
wife and Mr. Roberts; and although they after-
wards had a quarrel, and Roberts, in a fit of auger,
told him he had slept with his wife before marriage,
Mr. Windham treated it as an idle boast, and never
regarded it in any other light. With respect to his
assuming the uniform of a railway guard, that was
adopted with no other motive than the passengers
might not be surprised by seeing a person in the
costume of a gentleman thus engaged. He now
came to the evidence of the medical men, Drs.
Winslow and Mayo, and characterised their mode of
testing Mr. -Windham as something very near akin
to the torture and rack of the Inquisition, and yet
not one of them—neither Dr. Mayo, Dr. Southey,
nor Dr. Winslow—had ventured to say that from
the interviews alone he could be able to come
to the conclusion that Mr. Windham was of
unsound mind. When on the subject of his
wife having lived with other men before her
marriage, he said he was aware of it, but
he made this rational answer—" I do not see
why that should make any difference, as many-
members of distinguished families have with impu-
nity done the same." Dr. Winslow had said there
was nothing'unnatural in a man marrying a woman
who had been kept by another man, and as it was
said that Mr. Windham had married a woman who
had lived with her paramour up to the day of her
marriage, that this was a thing that showed un-
soundness of mind in Mr, IVindham, now he (Sir
H. Cairns) should like to know from Dr. Winslow
what period of time and what sort of quarantine
should take place between the discontinuance of
one event and the commencement of another. As to
Dr. Mayo, he was the champion of moral insanity,
having written a book on that theory, but it was a
theory which had been repudiated by the bench and
all the great lawyers of the country, and if they
once admitted the theory of moral insanity there
would be an end of all our laws. Many of the advo-
cates of moral insanity in former times went so far
, as to say that Howard, the great philanthropist,
was insane because be ill treated his son and also
his wife. In the case of Earl Ferrars, who was tried
in the last century for the murder of his steward, it
was attempted to set up the theory of moral insa-
nity, but Sir C. Yorke, the then Attorney-General,
completely dissipated, in some eloquent observa-
tions, the idea of such a theory being entertained.
The same views were taken by Sir Herbert Jenner
Fust in the case of Freer and Eton, and reported in
Roberts's Ecclesiastical _Reports. The President of
the College of Physicians, in giving his evidence on
the unsoundness of mind of Mr. 'Windham, said he
formed his conclusions on what he had heard in the
course of the evidence and from his own personal
observations, but, on being pressed by Mr. Kars-
lake, if he might find in that evidence things which
bore upon Mr. Windham and some which were
against him, would it not be better to put them apart
from each other? but Dr. Mayo said he could not:take
them that way—he must take them together. Ho
would, in the evidence which he should produce in
the course of the case, not overload it, or imitate his
learned friend ; but would bring forward important
matters in which Mr. Windham had been engaged,
and the evidence of medical men of the highest
eminence. His learned friend said Mr. Windham
was an unfortunate man who was the subject of
such proceedings. He was an unfortunate man, to
be exposed to such proceedings on the part of his
family; he was unfortunate, in being exposed for
so many days to public gaze ; he was an unfortu-
nate, in the expense of this inquiry, which he
would have to incur. The learned gentleman, in
conclusion, said—l have now nearly brought my,
address to a close; but I must ask you, ere I con-
clude, whether you have ever thought of the ex-
pense of these proceedings, instituted against Mr.
Windham, by those who professed to be his friends,
and especially by the one who has boasted of his
readiness to make any sacrifice on his behalf ? Sup-
posing you come to the conclusion that this young
man is, after all, of sound mind, what compensation
can be made to him, not merely for the expense
which has been brought about by these " kind
friends" of his, but for the pecuniary loss which he
will have incurred from these proceedings ? My
learned friend spoke of my client as an unfortunate
young man, and he is indeed unfortunate. Faster
youths in excess, in riot, and in debauchery, have
purchased, by the expenditure of health and for-
tune, a conviction of their folly, and have settled
down into active and useful, if not brilliant
members of society. Other men had had youth-
ful vices and immoralities, over which the kindly
hands of friends and relations have tenderly and
gently drawn the veil of concealment and oblivion ;
but Mr. IVindham has been received on his en-
trance into public life by a panoramic display,
unfolded by his relatives to the public gaze, not of
the general events of his career, but of such isolated
acts as ingenuity or perversion could twist into the
appearance of all that was hideous and obscene.
And what is the object of all this—what is the rea-
son for it ? Simply because the young man is heir
to a considerable property, and en illustrious name
—who from his boyhood has always been treated
by all about him as capable of clearly understand-
ing all that was said to him—with whom his rela-
tives had bargained and negotiated on a footing of
complete equality—who had been allowed by them
to go out into the world, to enter into contracts,
and amongst them the most momentous contract of
life—but whom they now seek to get adjudged
incapable of taking care of himself or his property,
because they themselves desire to be authorised ti
administer his estate. In one of the books he used to
read at Eton there is a story of an ancient tyrant,
who, for his own diversion, devised the novel tor-
ture of chaining a living man to a lifeless body,
leaving the living to die and both to rot together.
" Mortua quin etiam jungebat corpora vivis.
Componens mauibusque mantis, atquo oribus ora.
Tortuenti genus! et sanie taboquo thientes
Complesu in misero, longs sic morte nccab'it."
That in truth was a melancholy death ; but I own
that seems to me a heavier punishment, and a more
cruel, because more exquisite and more enduring
torture, which would consign a warm and living
soul, with all its sensibilities and affections, with all
its hopes and aspirations, with all its powers of en-
joying life and everything that makes life valuable,
to the icy and corpse-like grasp and embrace of legal
rapacity and lunatic restraint. But that is the tor-
ture which his relatives have prepared for him, and
of that torture they ask you, gentlemen, to be the
ministers and agents. But I appeal from them, and
I appeal to you. I appeal from those from whom I
car, expect no mercy, and I appeal to you from whom
I can confidently expect justice. I implore of you to
sweep away the cobwebs which them yand prejudice,
which partisanship and ignorance, which interest
and falsehood, have woven around this case, and
to show by your verdict—as has often been shown
before—that whatever gloss, whatever covering,
may be thrown around proceedings such as I have
endeavoured to expose, the highest and the most
grateful duty of an English jury is to detect deceit
and to defeat injustice. The learned counsel then
resumed his seat amidst suppressed applause, his
address having altogether occupied upwards of 11
hours.

The following witness was then called for Mr.
Windham:—

Dr. T. H. Tuke, examined by Mr. Karslake—l
have been in practice about 16 years, and have had
numerous patients under my care. I saw Mr.
Windham on the 6th of November, and on other
occasions. 1 saw him, amoupting in the whole, to
a period of 14 hours. I saw him on the sth, 6th,
and 11th of Dccember, and several subsequent oc-
casioo, I made notes of circumstances that oc-

curred on my interviews with Mr. Windham. I '
found him in the drawing room on the first occasion.
There was a lady present, to whom I was intro-
duced. I had been informed five minutes before of
the nature of the business I was wanted for, and I
had no other intimation. I informed him that a
commission of lunacy was about to be taken out ;
against him, I had no information as to what I was
to ask him. Some gentlemen were there, but Iwas
for a considerable time with him alone. Mr. Wind-
ham said the commission was all nonsense, and would
never be proceeded with, for reasons which he gave
me. He said the principal in it was General
Windham, his uncle ; but he did not think he
would proceed with it. He said " The old gen-
tleman knows me quite well; that he would not
dare to get into the box." He said that his father
had saved General Windham from the consequences
of some act years ago, by alleging that he (General
Windham) was insane. I said I thought it was a
disagreeable family quarrel, and that some compro-
mise should be effected, When I saw the citation
of Vice Chancellor Wood, I told him that I thought
it was more serious than he appeared to think, and
I advised him to go to his solicitor. With Mr. Gwyn
and Mr. Windham we then went to Mr, Cole, in
Essex street, when Mr. Windham gave him instruc-
tions to prepare for his defence. I saw him after-
wards. During four conversations I had with Mr.
Windham I had many opportunities of seeing his
deportment with his solicitor and counsel, when Mr.
Windham perfectly understood the nature of all the
proceedings, took part in the discussions, and showed
great power of memory and attention, a perfect
knowledge of the nature of his estate, and how it
would be affected. 1 ascertained during these in-
terviews a great number of points in reference to his
history. I had travelled over all the affidavits made
against him up to the 12th of November, and on
that day I had a long private conversation with
him. I asked him, on the first occasion, as to his
religious belief, as it was stated in the affidavits he
was of no religion. Ile said he was a Protestant,
had been confirmed, regularly attended church, and
believed in rewards and punishments, and was quite
clear on religion. In one of his conversations he
spoke to me of a lady of character, and ho said,
" This marriage of mine is all my uncle's doing; he
would not let me marry a young lady to whom I
was much attached, or things would have been very
different," and that she was a lady, daughter of a
near neighbour in the country. I spoke once of his
general education. Ho said he had read Homer and
Virgil. There was Cicero's Orations on the table in
my own room. He said ho had never read Cicero at
school. I asked him if he could say the first propo-
sition in Euclid. He said he thought he could do it,
and went through it very correctly. He spoke about
the value of his estates, and said his estate was worth
£3,000 a year, out of which ho was to pay his
mother's jointure. He paid his wife £BOO, and
laid income tax and other expenses out of the re-
mainder, and he had very little for himself. I spoke
to him of his debts, and ho said they were from
£25,000 to £30,000. That was ou the 12th Novem-
ber. We read all the affidavits which had been filed
up to that time together. I asked him how he in-
tended to pay his debts. He said ho hoped to live
quietly at Felbrigge—that the chief of the debts
were to Emanuel, the jeweller,who would not press.
That he should have £3OO a month for his timber,
and that his mother's jointure would some day fall
in; and if he had no other alternative he would sell
his reversion, Tie said he was passionately fond of
railway engine driving, and if he was mad for that
so also were two noblemen whose names he men-
tioned. He said ho drove an engine to a minute,and
that I would hardly think that, when he was in a
railway carriage, he could time by his watch the
rate of their progress. I made notes on the affida-
vits, so as to put questions on them. I asked him
about his being called captain, and he denied that
he was called captain as a general rule, or that he
liked it. He said he was senior lieutenant, some-
times acting as captain in the East Norfolk Alilitia.
I asked him about the pistols. Ile said, " Oh, that's
all nonsense." The affidavit stated he bad threat-
ened to commit suicide. He said the pistols were
given him by his uncle; they are ornamental, and he
liked to have them with him. He said his uncle had
told him he had shot six men with one of them in
Cawnpore. lie also said, " I always took the pistols
about with me. They were locked up. I took them
out on fhe lawn. My wife and I had a quarrel. I
left the pistols in the case on the grass, and came
into the house again. They were not loaded, and I
have lost the key." Ho then gave the same explana-
tion as the bootmaker had given about the pistols,
and said it was all fun. I asked him about commu-
nicating a loathsome disease to his wife, and if so,
knowingly. He said, " I loved her too much for that.
It has made this dreadful quarrel between us, she
is so dreadfully angry about it." He said he was
ill before marriage, and that he did not know he
was then suffering. He said he had seen Mr.
Johnson, who did not tell him the consequences. I
asked him about his slobbering, and he said he had
a malformation of the mouth, and although he had
nearly conquered the habit, that even now it would
sometimes come on. The affidavit of Mr. Butcher
said that he was of unsound mind when he said
" Oh, that's true Norfolk—he only heard that,"
assuming the Norfolk dialect. As to his unclean-
ness at Llewellyn's, he said that was all a pack of
lies. He also said it was all untrue about ordering
dinner and forgetting it. I drew his attention to
an affidavit which spoke of his behaviour at the
Norwich Theatre, and he said " Oh, I was only too
fast, I suppose." He den-ied all the allegations of
indecency in Llewellyn's affidavits. He then com-
mented on Horrock's affidavits, and said "Horrocks
can never say lam a fool. I got him turned out of
his place. I argued the conduct of his behaviour
to me before the Vice-Chancellor, and that he had
not a word to say." He said he had been to the
Roman Catholic chapel on one occasion, and might
have said he would as soon be a Roman Catholic as
a Protestant. The next time I saw him was in Dr.
Sutherland's room, on the sumo day. I accompa-
nied Mr. Windham there immediately after my
interview with him. I was there about an hour
add a half. Dr. Sutherland examined him at eon.
siderable length in my presence,
and Mr. Windham
gave him an account of the allegations against him.
Dr. Sutherland asked me if that was correct, and I
said it was extremely so. I next saw Mr. Wind-
ham on Dec. 5 at my house in Albemarle-street,
with Mr. Cole, his solicitor. He brought with him
a placard addressed " To the
People of England,"
produced here, which annoyed Mr. Cole, as he
thought Mr. Windham had written it, but I think
he said Mr. Roberts had written it and asked him
to sign it. I told Windham he had therefore be-
come responsible for it, as it was calculated to do
mischief. He said " Oh, it is not libellous, and I told
Roberts he might publish it." I said "Don't you
think it a groat shame to publish all these ladies'
names, who certainly have taken no proceedings
against you ?" He said he had not thought of that,
but would endeavour to stop the circulation of them
as far as he could, and went off with the intention
of doing so. I saw him the next day, and told him
the placard was being circulated. He said, "It is
a great shame—it is that obstinate fellow Roberts,
who would do it. I took them off from Piccadilly,
in a cab, but Roberts sent for them without my
knowledge, and has circulated them all over Lon-
don." 1 had some conversation with Mr. Wind-
ham on the 6th of December at Mr. Cole's, but no-
thing particularly passed. On the 11th of Decem-
ber was the last time I saw Mr. Windham before
this inquiry commenced. That was about half-
past seven in the evening. He gave me a general
account of his interview with Dn Winslow and Dr.
Mayo. Dr. Connelly was present, and as he told him
he was too tired to go through any further exami-
nation, he left off. On our first interview he said
something about changing his solicitor, as he was
always drunk, kept him waiting, and he would wait
no longer. That was not his present solicitor, Mr.
Cole. My interviews altogether were more than
20 hours, and in all my interviews I never saw the
slightest indication of any unsoundness of mind. I
found not the slightest inconsequence or inability
to keep up a connected conversation. On all ques-
tions put to him his views appeared to be clear and
well defined.

At half-past four o'clock the proceedings were
adjourned.

FOREIGN MAIL PACKET LIBT.

MAILS DUE.

Australia and Mauritius, via Southampton. Jan. 18.
via Marseilles
Brazil and Cape Verds, by British packet. Jan. 4.
Cape of Good Hope, Ascension, and St. Helena.. Feb. 1.
China, Penang, and Singapore, via Southainpton.Jan. 2.
via Marseilles . • Jan. 12.
Falkland Islands
Gibraltar, via Southampton
India (Calcutta), and Ceylon, via Southampton. Jan. 2.
via Marseilles Jan. 12.
India (Bombay), via Southampton Jan. 10.
via Marseilles
Lisbon Jan. 11.
Malta, Egypt, and Adcn, via Southampton Jan. 2.
via Marseilles Jan, 4.
Newfoundland
Oporto and Vigo
U. S. and British N. America, by Brit. packet.... Jan. S.
by U.S. packet....
by Canadian packet. Jan. —.
W.C. of Africa, Madeira, and Teneriffe Jan. 10.
Bahamas, via New York Jan. 16.
Mexico Jan. 28.
All parts of West Indies, including Chili, Peru, 1 Jan. 13.
California,and British C01umbia............

LORD LINCOLN'S ELECTION EXPENSES.—It is
currently reported in Nottingham (says the Daily Guar-
dian) that ten of the leading members of the Liberal party,
who invited Lord Lincoln to contest the borough, have
subscribed £lOO each towards the noble lord's election ex-
penses.