The Sun.
London, England, 1862-01-17 00:00:00

to give it to the wife for life. She said, " I am
going to marry for the benefit of my sisters, and I
will have it so that I can will it to them, or do as
I like with it." Witness said, " What do you say to
that, Windham; what relatives have you P" His
reply was, " I have no one I care about except my
mother, and she is already provided for out of the
estate." Mrs. Windham then said," Let us have it put
down at once." Witness said there was no oceasion for
anywriting about it. Windham said, " Oh yes, let us
have it in black and white, and then she will be satis-
fied." Witness then wrote these lines—" Settle-
ment to be executed between William Windham
and Agnes Anne Rogers. Mr. Windham agrees to
settle on his wife absolutely £BOO per annum, to be
charged on the freehold estate at Felbrigg Hall,
Suffolk; trustees, Dr. Ferries Whidborne, of Guil-
ford-sticet, and —. Signed ANNE AGNES
ROGERS, W. F. WINDHAM." Witness afterwards
wrote on the top of the paper " 16th Sept., wed-
ding." It was endorsed 20th of August, 1861. On
that occasion he persuaded her to accept the £BOO.
He asked them who their trustees were to be, as
they must have two. She said she had asked her
doctor, and she must see him for his consent. He
then asked Windham whom he would name. He
said, "Well, I don't know. I have no friends or
relations whom I care about." Witness suggested
his mother, but Windham said she was out of
health and would not do. He said he would think
about it. Witness asked him to whom he should
send the draft to peruse on his behalf. Windham
said he had no solicitor:then, and did it require it.
Witness said it was usual to do so, Windham said
he should wait until the end of the long vacation
before he engaged a new solicitor. He added, "I
have heard you highly spoken of by two or three
people, and surely you can do it between us." Wit-
ness said, "I shall send it in a rough state down to
counsel to have an opinion upon it." He imme-
diately rang the bell, and sent the draft to Mr.
Graham Hastings. The gentleman and lady fhen
left. A day or two afterwards he saw Mrs.
Windham alone at his office. The substance of
that interview was communicated to Mr. Wind-
ham, After that he saw them both together. Wit-
ness said, " So I understand it is not to come off—l
never thought it would." Windham said, " Oh yes
it is; I have made up my mind, and it shall." He
then told witness that he had agreed with "Agnes"
to give her when he came into his property £1,500
a-year, as she was going to give up a large amount
to marry him. Witness asked who the trustees were
to be. Windham said he knew no one who would
do, Witness asked why he did not have General
Windham, with whom witness had been at
school at Reading. He said, " He wants to get hold
of my property—we are not friendly, and I shan't
have him." Mrs. Windham said, " I asked Mr.
Roberts if he would be one"—witness knew to whom
she referred—" provided Windham can't get any
person to be a trustee for him." Windham said,
"I have no objection to Roberts. I understand he
is a wealthy man—he drives his four-in-hand and
keeps a pack of hounds." Witness said he believed
that to be the case. It was then decided that he
should be associated with Dr. Whidborne. After
the draft settlement came back from Mr. Graham
Hastings, Roberts's name was put in as trustee.
Witness said, " I understand you have only a life
estate in part of your property ; what do you in-
tend doing with that ?" Windham said, "I intend
cutting off the entail directly, and I shall get you to
do it." That was the subject of the conversation.
The draft was returned from counsel on the
28th of August. When he said "It is off,"
he said that in reference to what .Miss Wil-
loughby had said to him on a previous occasion
when alone. He saw Mr. Windham the day the
draft was returned. Witness asked him whether
he had selected his own trustee, and he said no, he
had not, and he did not care so long as they were
respectable and responsible. He asked him whe-
ther he should put in Roberts's:name, and he replied
yes. Up to that time witness was sure Windham
did not know Roberts. He was sure he did not
Roberts until after his marriage. The draft was
altered, copied, and engrossed. It was executed at
their own house on the 29th. It was sent to Mrs.
Windham's place of abode in Blenheim terrace, St.
John's-wood. Witness's clerk was the attesting.
witness. Witness attended the marriage at the re-
quest of Mr. Windham. Witness declined being
made one of the trustees. Windham said that hav-
ing changed the wedding day two of his military
friends were unable to come, and pressed witness to
attend. Witness knew Whidborne and Mrs, Wind-
ham's brother, who was residing with her. Witness
left a few minutes after the marriage. When Miss
Willoughby called she generally came in a one horse
brougham. Witness saw Windham next in Paris,
where he executed the disentailing deeds on the 2d
of September. He gave them up to Mr. Windham's
subsequent solicitor. He saw him at Morley's
afterwards. He often invited witness to go to Fel-
brigg Hall. He went down with Whidborne on the
Saturday, and they shot on the Monday and Tues-
day. The General came on the Wednesday. That
was by the General's arrangement. He heard the
general and Windham talking about the sale of
some property of the value of £l,OOO. The con-
versation lasted about half-an-hour. They did not
come to any arrangement about the land. The
general had lent Windham £l5 and acknowledged
receiving Windham's cheque for it. The general
was introduced to Mrs. Windham and her sisters
and lunched with them. Witness exchanged
cheques for £2OO with Mr. Windham; as he wanted
circular notes to go to Paris. When witness was
in Paris Windham asked him to let him have a
cheque for £l5O, as witness was better known there
than Windham was, and witness not having one
with him sent one for that amount directly he got
to England. During all these interviews Mr.
Windham talked sensibly and as a sound man. A
proceeding was taken against witness in the Court
of Chancery, which annoyed Windham, who said,
" You will catch it, as Vice-Chancellor Sir Page
Wood is a bosom friend of my uncle, the general."
Witness said he told him Vice-Chancellor Sir Page
Wood was a perfect gentleman, and he was sure
the application would be dismissed. Mr. Windham
made an affidavit stating the circumstances.
Cross-examined—Ho did not hear the remarks of
the Vice-Chancellor. The application was dismissed
without costs. Mr. Windham owed him £2OO,
£l5O, £lOO, and the price of a horse. If he had
said in his affidavit that besides the £350,
Windham owed him £4OO, it was a
mistake. He had forgotten though to
state that he had paid Mr. Attenborough
upwards of £3OO for Mr. Windham, besides the
other sums. That made altogether £7ll that
Windham owed him. Mr. Windham had paid him
no money. The money he paid to Attenborough
was to redeem jewels pledged by Mrs. Windham
when single. An action was threatened by
Mr. Neal, a solicitor, against Mr. Windham for the
mortgage money advanced upon them, so he paid
it. He gave Mrs. Windham the cheque for £2OO
for Mr. Windham, which the latter told him he
received. He had not the slightest idea of what
his bill of costs would be. Perhaps £5O, besides
£2O for going to Paris. If his affidavit stated that
Mrs. Windham first mentioned her marriage with
Windham to him in June, and not in August, it was
correct. He could not tell where Mrs. Windham
was living on the 18th of June. He knew she first
lived in Orchard-street, and then in Wigmore-
street. On the first occasion she spoke of it, she
might have said that Windam was going to settle
some thousands a year upon her. On the 3d of
August he first heard Mr. Windham was a ward in
Chancery, and an infant. He did not know whether
Windham ever saw the draft settlement. He told
his clerk to take it to Mrs. Windham's house, for
Mr. and Mrs. Windham to go over it together..
Mrs. Windham said she did not like to get married
and to have to give up her £2,900 a year, Before
Windham came of age witness treated the proposed
marriage as a mere flirtation between boy and girl.
Mrs. Windham said she did not care for Windham,
and said, "I will only marry him in consideration
of a good settlement, and for the sake of my
sisters, of whom Windham is very fond. He has
promised to educate them, and to introduce them
into good society in the country." That she said
before Windham, Witness held the jewels for Mr.
Windham still, for
which he had paid Attenbo-
rougk.
By On Jury.. Witile" )19t R 414 Winaltaill