The Sun.
London, England, 1862-12-02 00:00:00

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went where she liked, and would listen to no re-
monstrance on his part. They came back ftom
Paris in the early pAA of September, and lived
together at Felbrigg for a short time. He wished
her to remain there and be the mistress of his
house, but she went against her will, and the object
of her leaving afterwards became apparent. She
was acquainted with a person of whom she was
much fonder than Mr. Windham, and went with
him to Dublin and elsewhere, and lived with him in
open and barefaced adultery. At the latter end of
December, 1861, proceedings in lunacy were come
!fleeced against Mr. Windhern, and continued
through the whole of that month and January fol-
lowing. During the whole of that period she re•
mained away from Felbrigg against Mr. Windham's
will, though every comfort and luxury were provided
for her there, including carriage and horses. She
chose, however) to remain away, but she was pro-
vided with ample funds, and besides the proceeds
of the settlement she had jewels of great value. She
lived in open adultery with the person in question,
a singer of great eminence, at Clarendon-gardens
and if she chose to leave her husband, and more
especially for the purpose of committing adultery
with other men, she could not legally pledge her
husband's credit for debts contracted by her while
living in that immoral state. She actually drove
about in these very broughams with her paramour.
Mr. Windham during this time remained at Fel-
brigg, and was totally ignorant of the career she
was pursuing. Under these circumstances he was
clearly not responsible for the debt now sought to
be recovered.
Mr. Frederick William -Windham, the defendant,
was then called, and examined by Mr. Kerslake.
He said—l married my wife in August, 1861. Her
name was Agnes Ann Rogers, but she passed under
the name of Willoughby. Before then she had been
living under the protection of a gentleman. After
the marriage we went to Paris and remained there
a fortnight. The eldest sister of my wife went with
me. I was then on good terms with my wife. In
September we came to London, and stayed a night
at Morley's Hotel. Next morninfs we went home
to Felbrigg. That was on the 16th or 17th. We
remained together at Felbrigg until the beginning
of October. She then went away without me,
and went to Dublin. She said her doctor recom-
mended her to go there. She remained away a
fortnight or three weeks, and then came back
to Felbrigg. She remained there till the middle
of November, and then went away again. I
stayed at Felbrigg until the commission of lunacy
was issued in December. When she left she
did so against my consent, and I did not know
where she went to. The commission lasted
through December and January. I first met her
outside here during the inquiry. I requested her
to come back, and she said she would after the trial.
She kept away from me until the Bth of July last.
I did not know that she was living at Clarendon-
gardens until Mr. Davies informed me after the
trial. I had nothing to do with taking the house.
I had carriages and horses at Fetbrigg, and also
some carriages in London. I had a phaeton in town
during the trial. I had also a brougham at my
house, 132, Piccadilly. She could have lived there
if she chose. After the Bth of February she re-
mained with me three weeks at Felbrigg. After-
wards she came to London to see the doctor, on the
ground of being ill. She went to a house I had pro-
vided for her in town in Clifton-gardens. When I
went up there she had gone. I understand that
she afterwards went to Spain. In August, 1862,
I wee reconciled to her. She kept on writing let-
ters begging and praying me to let her come back.
At last I found it was impossible to bear
with her any longer. I lived with her in West-
bourne-terrace i❑ July, and in August we went on
an excursion in a yacht to Boulogne. I know
nothing as to what she did between the 31st of
January and the Bth of February, or where she was.
I was never at Clarendon-gardens in my life. Ido
not know Mr. Bateman, the plaintiff. I never said
I would pay him the bill if it were £lOO. I ence
met a man dressed like a Norfolk pig-dealer, who
informed me that he had received a cheque from
Mrs. Windham signed by me. (Laughter.) I said
that was very probable, but I knew nothing about
it. I took the house at 10, Clifton-gardens for her
for a month. That was in February last. I paid
twenty-one guineas to the auctioneer for the month.
She went there on the Saturday and left on the
Monday. I never saw the plaintiff at Hampton
races. I left Eton at Christmas, 1856. I was with
my mother at Torquay in 1857, and in 1858 I was
at a private tutor's. lam now 22 years of age.
Cross-examined by Mr. Huddleston—l was at
Hampton races with my mother about three years
ago, that is the only time I ever was there. I do
not know that my wife's illness was caused by me.
Were you not labouring from disease ?—I might
have been.
Were you not ill at the time you married Miss
Willoughby—l decline to answer any such ques-
tions. They have nothing to do with this case.
Was it not in consequence of her illness commu-
nicated by you that she came up to town. I decline
to answer the question.
Mr. Baron Martin—l think he is quite justified
in saying so.
Defendant—The first time she left me she went
to Dublin, and not to see a doctor. The doctor saw
her at Felbrigg Hall first, and she came to town to
see him in February. I believe she was ill while
she was away from me.
Mr. Huddleston—Was she ill when she was
with you ?
Defendant—l shall not answer the question.
Yates, my pad groom, did not come to London with
Mrs. Windham. She would not let him go with
her. Ido not know if Messrs. Gregory, my solici-
tors, have applied to the plaintiff for the amount of
this bill. I gave them instructions after the trial
to get in all my bills and settle them. I assisted to
get out a list, and we put down Mrs. Windham's
debts as far as we could ascertain. I cannot recol-
lect if the plaintiff's bill was amongst the lot. My
solicitors were instructed to get in all the bills and
discharge them. I heard from Mr. Davies of
Mrs. Windham's leaving Clarendon-gardens. I
saw her twice during the trial. She drove down
in her brougham to Westminster Hall. I spoke
to her on each occason in presence of my solici-
tor, but I do not recollect if I shook hands with
her. She told me she was staying at the Euston
Hotel, but I did not go there to see her. I
did not see her after she left Felbrigg Hall
till I saw her in the brougham ; in fact, I
made no inquiries about her. I hired a house in
Clifton-gardens. Wnen she saw me she asked me
how the trial was going on. I did not make a dis-
turbance at Clifton-gardens. There was no party
there at the time I went there, only my servants.
My footman was there in possession of the plate. I
was not going to leave it there except in charge of
my servant. I had no chance of living there with
Mrs. Windham. She went there on Saturday. I
went back to Felbrigg Hall, and when I came up
again on the Monday she was gone. (Laughter, in
which the defendant heartily joined). I think her
running away from Clifton-gardens is the same as
her running away from Felbrigg Hall. I went to
live with her at Westbourne-terrace in July, in
consequence of the letters I received from her solici-
tor, and also from herself, in which she begged me
to come back and she would live quietly with me,
I remained there with her about two months, till I
found what she had been at again. (Laughter.) I
afterwards learnt that she had been to Spain and
Dublin.
Mr. Huddleston—Did you know who she had
been with to Dublin ?
Defendant—She said with the opera company.
(Laughter.) That is all I know about it.
Had you heard that she had been living with
Giuglini ?
I heard many reports, but nothing positive. I
made no inquiries. I did not trouble myself about
it. I did not inquire where she had been before. I
went back to live with her. She asked me to forgive
her for what had passed.
For what were you to forgive her ?—That I can't
tell. - -

Had you not learnt that she had been living with
this opera singer P—Not positively.
Had you not reason to believe it P—l never saw
them together ?
Did she promise to give him up?—She said
nothing to me about it. (Laughter.)
Did you not make inquiries about it?—No, I
minded my own business, not hers. When I went
back to her in July I did not ask her where she
had been. I had signed a deed of separation, and I
had no reason to ask her. I heard sb.e was living
in Westhourne-terrace alone.
Who did you hear she had been in Dublin with ?
—Her sister and a servant.
Not with Giuglini ?—Oh, yes, with the opera
company. There were reports that she had been
seen with Giuglini. Having signed a deed of sepa-
ration I had nothing more to think of her. I heard
enough about Giuglini during the trial. I have
heard that Giughni used to visit her in the day
time. I suppose at Clarendon-gardens. I do not
know where she was living.
Did you not think it worth your while to inquire?
—Certainly not. During the trial I was advised by
my solicitor not toldo so. I had my interest to look
after then, not hers. (Laughter.)
Were you at Clifton-gardens on the 28th Febru-
ary ?—I was there about two hours. I never saw a
soul there except the footman, and I went back to
Shoreditch station. I recollect a shabbily-dressed
man, looking, as we should say in Norfolk, " like a
pig dealer," who said something to me as I got into
the cab. It might have been the plaintiff, but he is
dressed differently now. Ido not know the plain-
tiff. I do not recollect what I said to the person
who accosted me on that occasion.
I Re-examined—Mrs. Windham had left me before