The Sun.
London, England, 1862-01-15 00:00:00

THE CASE OF MR. TV. F. WINDHA.II.

The adjourned inquiry into the state of mind of
Mr. W. F. "Windham, of Fellbrigg-hall, Norfolk,
was resumed yesterday, in the Westminster Ses-
sions-house, before Mr. Warren, Q.C., one of the
Masters in Lunacy, and a special jury.
Mr. M. Chambers, Q.C., Mr. Field, and Mr.
Hume "Williams appeared for the petitioners ; Mr.
Charles Russell for Lady Sophia Elisabeth
Giubilei, the mother of the alleged lunatic; Sir
Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr.
Milward for Mr. William Frederick Windham;
and Mr. Coleridge, Q.C., for Mrs. Windham.
The Master was sorry to say that ne had been
informed by several jurymen that they were very
ill, and that nothing but a strong sense of public
duty would have induced them to disregard the ad-
vice of their medical attendants, and to leave their
homes to-day. The present was the 23d day of the
inquiry, and the jury were naturally anxious to
know when the case would be concluded. For his
own part, he could do nothing but rely, which he
did implicitly, upon the discretion of counsel, and
he would advise the jury to hear the case to the
end with that tranquillity and patience which they
had manifested hitherto. If he had endeavoured
to interfere with the petitioners in any way, they
would probably have said that they were not
allowed to lay their case fairly and fully before the
jury. He had not so interfered, and it appeared
to him that he would be acting most unjustly if he
were to place any restrictions upon Mr. Windham
and his advisers, who had an equal right with the
petitioners to a fair and ample hearing.
Mr. Chambers remarked that something had been
said elsewhere about the cross-examination of the
witnesses for Mr. Windham. All he had to state
upon that point was that if he were not to cross-
examine the witnesses as they appeared in:the box
he should probably be obliged, when his time came,
to address the jury for four days. He thought it
better, in order to save time, to deal with the de-
fects in the evidence as they arose.
Mr. Milward said that, as the representative of
Mr. Windham, he had to make only one or two ob-

servations. It would be recollected that the case

for the petitioners occupied 12 days. Up to the
present time only eight days had been devoted to
the defence of Mr. Windham.
The Master -- More than that. This is the 23d
day of the inquiry.
Mr. Milward meant to say that the evidence for
Mr, Windham had occupied only eight days, the
other two days having been given to the speech of
Sir Hugh Cairns.
The Master—Yes, but that speech was part of
Your defence.

Mr. Milward reminded the Court that the in-
quiry extended over the whole of Mr. Windham's
life, and that it was more difficult to answer a pro-
position than to state it. However, he had much
pleasure in announcing that the whole of the re-
maining proof had been carefully sifted and weeded,
That every piece of evidence had been withdrawn
which could be omitted with justice to Mr. Wind-
ham, and that in future not a single moment of
time would be wasted. lie was not without hopes
th a in a day or two the advisers of Mr. Windham
would be enabled to close their evidence.
fhe Master was glad to hear the remarks of Mr.

1 I ward, and thought, the.inry could not do better
than trust to the diseretion of counsel. He was
Aura that all parties must be anxious to conclude
the case as soon as possible.
Signor Campana, interpreted by Mr. Albert, said
lie was a composer and teacher of music, and resided
iu Westbourne-place, Eaton-square. In 18,57 he
was living in Torquay, and was on terms of inti-
macy with Lady Sophia Windham and her son, the
subject of the present inquiry. On one or two
occasions Mr. Windham pulled him gently by the
whiskers by way of joke—pour s'amuser—but he
never pushed him against the wall, or did anything
to give him offence.

Mr. Murray, examined by Mr. Milward, said he
was an ironmaster in the neighbourhood of Glas-
gow, and had been for several years a director of
the Gartnavel Lunatic Asylum, near that city. In
August, 1858, he was travelling with two of his
daughters in the Highlands. He met Mr. Wind-
ham during the oourse of the journey, and they
travelled by the same route for one or two days.
He conversed with him on the ordinary topics of
the day. Mr. Windham was a rollicking, thought-
less, free-and-easy young man, boisterous in his
manner sometimes, and fond of fun, like a boy fresh
from school; but witness saw in him no indication
of insanity.

By the Master—There was a tutor with him, but
they did not seem to associate much on the journey.
Mr. Andrews, of Rimpton, Somersetshire, be-
came acquainted with Mr. Windham in the summer
of 1857. Mr. Windham was then a pupil with the
rector of Rimpton. Witness knew him intimately,
and often had him at his house. The acquaintance
continued until Mr. Windham left, in the latter
part of 1858. At first witness had rather a preju-
dice against him for his appearance and manners,
but afterwards he changed his opinion of him. Mr
Windham had high animal spirits, and was very
open and unreserved. He was affectionate to those
who treated him with kindness, and on one occasion
he acted kindly and benevolently to a parishioner.
There was nothing ungentlemanly or unbecoming
in his conduct. He occasionally grove out Mrs.
Andrews and her daughters. Before he left, in 1858
lie made a proposal of marriage to one of the young'
ladies. Subsequently a correspondence took place
on the subject between Mr. Windham and witness,
but the result was that the proposal was rejected on
the ground of the extreme youth of the parties.
Witness had no other reason for refusing his assent
to the proposed marriage. Lady Sophia, when ap-
pealed to on the subject, concurred in his decision.
There were no personal reasons, intellectual or
otherwise, which induced witness to reject the pro-
posal. Witness thought that the obvious faults of
Mr. Windham—openness and unguardedness—
would disappear as he advanced 4n life, as they
were only such as were frequently observable in
boys of his age. It never crossed his mind that Mr.
Windham showed any indication either of imbeci-
lity or of insanity.

Cross-examined—Mr. Windham did not tell wit-
ness at any time that he had proposed to other
young ladies.
Sir W. Foster, a solicitor in Norwich, said he was
professional adviser to the late Mr. Windham, who
Y'as rather hasty and choleric in temper. Wit-
lead the tewardship of the Windham c4itus
ltu hsid 'known young Mr, \k"intl-
- that gentleman came
wrott: him. to sac that hr
I"' glad to oontinn,:d in tho :-it,.ward.,hip.
Wiviithara di4l not r(Tii by 1,11".• but ii"
..vincs shortly aftertymlis in Norwich, and did
i 0 "Of course, old fellow, I should not dream
of takirg the manors away from you, anal beg you
mill continue to act as usual." On that occasion
they talked together for a quarter of an hour. Mr.
Tvrinflham spoke of his marriage, and invited wit-
ness to Felhrigg to be introduced to his wife. Wit-
ness did not go. llc had transacted business with
Ilrindharn, and believed him to be a person of
sound mind.

for years.

itil!:1 from iii }pit tl.

Cross examined—Mr. Windham wanted a good
dcul of assistance, but he was perfectly sound in
wind. He knew nothing about hit estate, like 11 un-
dreds of other young men, but he was perfectly
competent to manage it with help. -Witness had
never said that he was incompetent to manage his
affairs. He absolutely refused to be introduced to
Mrs. Windham, because, as he told Mr. Windham,
he understood he had married a person of not very
good character, and he did not want to make her
acquaintance. Mr. Windham replied" I assure you
she is a lady." Witness said " I must have some-
thing more than your ipse thxit on that subject,"
and he added that if Mr. Windham could refer him
to any authority for satisfaction upon the point he
should be delighted to do his best to set him right
with the county. Mr. Windham repeated that his
wife was a lady, and so the subject dropped. Wit-
ness knew that Mr. Windham did not alwaysspeak
the truth, but he could not say that his falsehoods
were causeless or objectless. Mr. Windham had no
idea of the value of his timber, and he required the
assistance of a person who could manage his estate,
or teach him how to do go himself. He bad had no

,~3

education at all, nobody to teach him, no opportu-
nity of learning the value of his timber, or how to
manage his estate. 'Witness did not rec)llect say-
ing " Windham cannot be guided ; nobody can hold
him ;" but he might have said so, mean'ng simply
that Mr. Windham was a wild boy. Witness did
not believe that in four years £2O 100 worth of
timber could be cat down at Felbrigg without da•
maging the ornamental character of the park. Mr.
Windham never consulted him about selling off his
timber. Witness did not think he felt conscious of
his ignorance of the value or management of his
property.

Re-examined—Witness never had any means of
testing the knowledge of Mr. Windham about the
value of his timber; in fact, he had never talked to
him about his property, and the opinion which he
had expressed upon that point in cross-examination
was formed upon what he had read in the news-
papers. He believed that Mr. Windham was quite
capable of being taught how to manage his affairs,
but he would require more teaching than most other
young men. He was always, as it seemed to wit-
ness, a difficult young man to hold together. £40,000
worth of timber might without injury be cut on the
Windham estates, including the devised property.
The marriage of Mr. Windham had caused a strong
feeling against him in the county.
By the Jury—When witness said Mr. Windham
had had no education, he meant education in the
management of property. Old Mr. Windham was
quite competent to manage his affairs. Young Mr.
Windham was below par ; but witness did not be-
lieve him to be an idiot or a lunatic. His marriage
had been his ruin, but if he had fallen into better
hands he would have got on very well. It was im-
possible to account for many things in his conduct,
but witness believed his marriage, the unusual terms
of the marriage settlement, and his getting into
debt to the extent of £30,000 in four months, to be
consistent with sanity. Young men did strange
things in love ; and besides, Mr. Windham was a
person easily persuaded by others.
Mr. Bruce, residing in Westbourne-terrace, said
he met Colonel Bathurst and Mr. Windham at
Baden Baden in 1859, and travelled with them for
ten days or a fortnight with them in the Black
Forest. He believed Mr. Windham to be a person
of perfectly sound mind.

Cross-examined—Mr. Windham was uneducated,
uncouth in his manners, and more like a groom
than a gentleman. On one occasion, when he was
misbehaving himself Colonel Bathurst knocked
him down, and he blubbered like :a child.
Mr. Windham called Colonel Bathurst " a --
aristocratic humbug." The Colonel told him that
if he repeated such language he would knock him
down. Windham did repeat it, and the colonel
knocked him down. He was in the habit of using
coarse and filthy language and of laughing rather
loudly.

Re-examined—Windham called Colonel Bathurst
" a -- aristocratic humbug" because the Colonel
had expressed his displeasure at Windham imita-
ting his style of walking.
Mr. Lawrence, examined by Mr. Karslake—l
am in partnership with Mr. Fry. We carry on
the business of timber-broker!' in the city bf Lon-
don. I have known Mr. Roberts for many years
as a person connected with the timber trade. Mr.
Fry, my partner, is a cousin of Mr. Gurney, of Gur-
ney, Oyerend, and Co. I believe Mi. Roberts has
been concerned in Government contracts for timber.
He introduced Mr. Windham to me in the first or
second week of October last. Mr. Windham said he
had some timber to sell, and asked me if we were in
a position to 'purchase it. He said he was very
short of money, and asked me to examine a paper
of conditions. I did so, and then told him I would
go into the matter, and I had no doubt we would
purchase the timber. I afterwards went down to
Felbrigg, but before leaving town I had a second
interview with Mr. Windham on the same subject.
I went to Felbrigg on the 24th of October. Mr.
Fry accompanied me. I had previously seen
Mr. Robinson, a large timber contractor, and had
mentioned the contract to him. He authorised
us, if we found it a suitable contract, to enter
into it for him. We stayed at Felbrigg till the
morning of the 26th of October. I had the rough
draught of the contract, or agreement, with me.
On the 25th I was driven over the estate to see the
timber by Mr. Windham. I ascertained generally
what timber there was on the estate, and after-
wards inquired into the means of carriage. We
found that we should have to take the timber by
road to Norwich, a distance of about 23 miles, and
then by railway to London, or by water from Yar-
mouth. The agreement was signed on the 25th.
It runs as follows :

" October, 25, 1861.
" William Frederick Windham, Esq., of Felbrigg•hall,
Norfolk, agrees for himself, his heirs, successors, and
assigns, to sell to William Francis Lawrence and Walter
Joseph Fry, of 10, New Broad-street, London, the whole of
the timber which may be cut on his Norfolk estates during
the next four years, to the extent of not less than £5OOO per
annum, and on the following conditions :—The oak timber
trees to be paid for at the rate of 12d. per cubic foot, string
measure, for all above 13 inches square, and Bd. per cubic
foot for all oak timber trees that may be under 13 in. square,
and for all other kinds of timber trees about 14 in. square
at 6d. per cubic foot. The trees to be taken by the buyers as
they now are and stand, the lop and top branches and bark
to be the property of the buyers in consideration of their
paying all expenses for felling, &c. . . . The measurement
for the girth to be taken (clear of the bark) at two-thirds
from the butt-end of the tree, and for the length, by two
parties to be appointed, who are to choose an umpire before
they begin to work, to decide in case of dispute. Mr. Wind-
ham agrees to give free ingress and egress to the buyers,
their men, horses, &c , for the above purposes, and to let
them a piece of land of four or five acres at the rate of £1
per acre. This contract only to be binding on the payment of
£1,0:,0 into the hands of Mr. Windham, and the remainder
in monthly payments of £350, commencing from January,
1862. Timber trees which may be required to be cut down,
and which are under 10 in. square, to be agreed for after-
wards, as the above contract does not contemplate any trees
being cut down of small size unless absolutely necessary.
" VI. F. WlNDu.a.m,
" Witness to the signature of W. F. -Windham, Esq.—
" AGNEs WINDHAM."
I saw a great deal of ornamental timber upon the
estate. It was perfectly understood that we were
not to cut the ornamental timber; it was so stated.
The object of the last clause was that the growing
timber should not be touched—that no more should
be cut than was absolutely necessary. The £l,OOO
which we agreed to pay was paid on the 25th.
Winter-felled timber could be cut any time after No-
vember. We should not get the bark in that case.
The timber of which we wanted to get the bark would
be cut in March. I saw a good deal of overgrown
thither on the e:,tatt... WC were to take all routs of
t:mlwr. I ealci,latell that before getting any return
‘‘,, should have to expend. between 1:3044i And
Itol.inson took the contraet, and garc us 1:1,04.)0
to pay to :NI r. Windham. Wr.are only the brokers,
1.!.1 :qr. Windham Ages not know Mr: Robinson, as
We ;lever give the natues of our principals. A Air.
Freebridge went down and examined the timber at
our request. He is a man of great experience in
valuing timber. Shortly after entering into the
contract General Windham called upon me, and
learnt from me the terms of the agreement. I forget
whether I gave him a copy of it, but I think I did.
I saw him twice. We made him au offer with re-
spect to the contract. We proposed to give it up,
provided we got our money back, and an indemnity
against future legal proceedings. Having regard
to the nature of the timber and the distance, the
contract is not particularly advantageous to us. In
all his dealings with us Mr. Windham conducted
himself like a reasonable and sane man,

Cross-examined by Mi. Cnambers—Mr.Fry attends
to the financial part of the business; he knows
nothing about timber. I got the £l,OOO which I
paid to Mr. Windham from my own bankers. On
Oct. 29 I received £4,259, in the form of accept-
ances, from Mr. Robinson. That was after I had
advanced the £l,OOO by way of deposit. Some of
the acceptances have been discounted; the others
we have. It is possible, indeed, that all have been
discounted. I cannot say when they were dis-
counted, or where they are to be found now.
They are all six months' bills, but I do not re-
collect how they are divided as to amounts.
Mr. Robinson carries on his business at 14,
Mark-lane; he has been there for about two
years. Before that he was a member of the Stock
Exchange, He rents a house in the Clapham-
road which I formerly lived in, bat it does not
belong to me. Ho took it off my hands about