The Sun.
London, England, 1862-01-06 00:00:00

THE IVINDRAN CASE.

Dr. Tuke, in his cross-examination, said—l agree
with Dr. Winslow that the sanity or insanity of
Mr. Windham will depend upon facts and facts
alone. Among the affidavits I read that of Dr.
Buck. I regarded it as quite immaterial, but I
spoke to Mr. Windham about one statement in it
to the effect that he had nearly cut off his hand.
Mr. Windham explained the occurrence. I did not
question him as to another statement in the affidavit
of Dr. Buck—viz., that when Dr. Buck was sent
for to see Mr. Windham at Felbrigg, in September,
he was asked by Mrs. Windham whether he did
not think her husband was being poisoned by his
relatives. I wish you to understand that I entirely
wiped out of my mind the notion that Mr. Wind-
ham was labouring under delusions. If he had told
me that he had suggested to his wife the idea that
his relatives were trying to poison him I think I
should have attributed it to a delusion. It would
also have indicated very weak intellectual capacity.
There are absolute idiots, and there are persons
afflicted with deficiency of intellect and imbecility
of mind. Among the imbecile class, not qualified
for the Asylum of Idiots, there are many persons of
unsound mind. It is quite possible that some of
these persons may have admirable memories—that
is, on one or two points; but the general rule is
quite the reverse. Some imbecilt s may be educated,
and able to be taught Latin and Greek, but such
cases are very rare, and where the imbecility is con-
genial little or nothing in the shape of education
can be imparted. In cases of congenial imbecility
the memory deteriorates as time goes on. I told
Mr. Windham himself that I thought in four or five
years he would be a lunatic or kill himself if he
persisted in such habits as those which were attri-
buted to him in the affidavits for the petitioner. I
gathered from Mr. Windham that he was addicted
to drinking, though his own words were that he
sometimes 'got "fresh ; " and unless I am greatly,
mistaken there is a statement in four of the affi-
davits to the effect that he had been seen drunk. He
told me that he was engaged to be married to a
young lady in the country—the daughter of a
near neighbour of his own but his uncle, the
General, prevented the marriage. I made no
inquiries to ascertain whether his statement was
true or not. I did not hear subsequently that the
lady lived in one of the western counties; I never
asked him to account for his marriage with Miss
Willoughby, nor did I ever speak to him about the
circumstances of a former paramour of his wife's
having slept in the same house with her the night
before her marriage. lalways took his truthfulness
for granted, and never thought of testing it. I
told him that he was represented in the affidavits
as being in the habit of telling objectless, causeless,
transparent lies. He denied the allegation, and in
our interviews I never detected him in telling
useless and purposeless falsehoods. It is very likely
that I joined with Mr. Cole, his solicitor, in
attempting to persuade him to break off his
acquaintance with Roberts, because I was at that
time under the impression that Roberts was a
swindler. I have no recollection, however, of
having done so. I had some conversation with Mr.
Windham about some person having been intimate
with his wife after the marriage. He told me that
the circumstances were brought to his knowledge by
two letters written by Mrs. Windham having come
to him from the Dead Letter-office. He said he
was very angry, and proposed never to speak to
her again, because the letters were addressed Ito
another gentleman as "My dear darling--."
This conversation took place in my rooms in
Albemarle-street, in the presence of his solicitor.
I believe that at that time Mrs. Windham was
away hunting, in the neighbourhood of Melton
Mowbray. Mr. Windham did not tell me that his
wife had followed her " dear darling---" to Dub-
lin, Glasgow, or the north of England. I was told
that she had done so before marriage. If I were
to be told as a fact that Mr. Windham knew that
his wife had followed her " dear darling--" to
Glasgow.after her marriage, mad that, nevertheless,
he still continued to cohabit with her, I should say
his conduct indicated a weak intellect, if I were not
aware that Mr. Windham was and is firmly
convinced that the same state of health which
prevented his wife from sleeping with him
must also have prevented her from having cri-
minal connexion with any other gentleman. On
one occasion he said, "I know what Agnes Wil-
loughby was ; but I never will believe that Agnes
Windham could be false to me until it is proved."
He told me that immediately before the marriage
Miss Willoughby said to him, " William, you are
ill ; I have seen Mr. Johnstone, and I know you are."
He replied, "I think lam not." Miss Willoughby
then asked him to allow Dr. Whitburn to examine
him. He consented, and Dr. Whitburn, shaking
him by the hand, and almost with tears in his eyes,
said, " My dear boy, you are all right ; you need be
under no alarm." Mr. Windham also told me that
Dr. Whitburn attended the marriage and gave the
bride away. I did not call his attention to the alle-
gation in the affidavit made by Mr. Johnstone, the
surgeon, that shortly before the marriage he was
consulted by Miss Willoughby, and that he told her
Mr. Windham was most certainly not then .in a
marriageable condition. I was not disposed to ques-
tion him about the story of his having infected his
wife, but I spoke to Mr. Johnstone on the subject,
and he told me that when he saw Mr. Windham
before the marriage the disease had assumed so viru-
lent a shape that it did not occur to him to give Mr.
Windham any caution about it. I believe that Mr.
Windham is of perfectly sound mind and capable of
managing his affairs. I have never said that he is
unfit to manage his property.
Re-examined by Mr. Karslake—When the con-
versation about the letters to " My dear darling
—," took place, Mr. and Mrs. Windham were liv-
ing apart. Mr. Windham was very angry, and he
spoke to Mr. Cole, his solicitor, about the matter.
Mrs. Windham said in my presence that she would
never live with her husband again, and I do not sup-
pose they have lived together since. Before that
Mr. Windham had said that he had made his wife
ill ; that she was greatly enraged at it, and threat.
ened not to live with him again. During the in-
terviews I had with him there were many state-
ments made by Mr. Windham which I could not
have investigated without the power of calling wit-
nesses before me; but they were all as far as I could
judge, perfectly consistent with truth. All the inmates
of the Asylum for Idiots were bora idiots. I know
all the characteristics of idiotcy. Mr. Windham is
certainly not an idiot, nor could it ever enter my
mind that he is an imbecile when I consider his
powers of observation, the manner in which he in-
structed his solicitor about his defence, and his
delicacy in conversation when talking upon matters
which afforded opportunity for the introduction of
indelicate remarks.

By the Jury—The idea of his sanity is perfectly
consistent with his getting into debt to the amount
of £25,000 or £30,000, and giving £14,000 worth
of jewelry to his wife. My explanation is that he
was so desperately in love with his wife that he
gave her the jewels in order to secure her affections.
I do not believe that a sane man would knowingly
communicate a particular disease to a woman with
whom he was in love. Mr. Windham did not
know that his malady was infectious.
By the Master—l think that the fact that the
jewelry was intended for the use of his wife, and
was to be at Felbrigg-hall, may be regarded as a
justification of the outlay ; but if that outlay had.
been £60,000 instead of £14,000 it would have in-
dicated weakness of mind. Had Mr. Windham
settled the whole of his estate upon his wife I should
have taken it as a proof of unsoundness of mind.
Dr. E. Seymour, examined by Mr. Milward—l
have directed my attention to disorders affecting
the mind, and have written on the subject. I was
for eight years one of the metropolitan Commis-
sioners in Lunacy. During that time I periodically
visited every lunatic asylum within the bills of
mortality and had many opportunities of testing
the minds of alleged lunatics. On the 7th of No-
vember I was asked to see Mr. Windham. On
the following day, he was brought to me, but he
was not alone, and I refused to examine him.
Subsequently I had a private interview with him,
and conversed with him on the subject of the
charges against him. After we had talked for
some time I said to him, "Well, Sir, as far as I
can judge from your manner and appearance, I
think it is impossible for a jury to find you of un-
sound mind; but if you will call again and fur-
nish me with the accusations made against you
I will examine you more completely." In con-
sequence of that Mr. Cole, the solicitor, sent me
copies of the affidavits. I made myself master of
their contents, and I next saw Mr. Windham on
the 14th. Upon that occasion I entered seriatim
into the principal allegations in the affidavits. I
said, " First, you are accused of falling into most
violent and irrational passions." " Yes," he replied,
" I am very passionate ; my father was passionate ;
and I am very sorry for it." I then spoke to him
upon the imputation of gluttony, especially men-
tioning that he had eaten as many as eighteen eggs
at breakfast. He replied, "The number is greatly
exaggerated, and I never had anything else for
breakfast." I then spoke to him about his alleged
cruelty to animals. He denied the accusation.
next called his attention to the charge about his
singing " Old Bob Ridley" and such trash as that.
He acquiesced, and said he had a habit of humming
and beating such tunes on many occasions. I told
him he was a silly fellow. I then spoke to him
about his marriage, saying it was avery wrong
thing and deeply to be deplored ; but, inasmuch as
the very same action had been committed by the
wisest, noblest, and richest in the land, I should not
take it as a proof of insanity. He seemed very
much hurt at the way in which I characterised his
marriage in the first instance, I then spoke about

the jewels. " You are charged," I said, " with hav-
ing spent an enormous sum, in comparison with
your means, upon jewels." He replied that he was
very much in love, and that he had given far more
jewellery to his wife after marriage than before it.
He added that he had given her a considerable
quantity after marriage because he had done her
serious injury. I then spoke about the state of his
health at the time of his marriage. I told him his
conduct was very vicious ; but, as the vice had
never been reckoned as insanity, but the contrary
by some people, and as I had had the misfortune in
a long professional life of knowing similar cases,
in which men had married, being incapacitated as
he was, I could not myself take it as a proof of
insanity. He denied positively that he had had
connexion with his wife before marriage. He said
that the gentleman with whom she had lived before
marriage was willing that he should marry her, and
promised as a man of honour never again to have
intercourse with her. The interview lasted about
an hour; his manner was gentlemanlike and proper,
and he answered directly and readily. But for the
affidavits I should not have thought there was any-
thing the matter with him. He was not incoherent.
I saw him again on the 4th of December, and the
interview lasted about an hour. He told me that
the object of the petition was to prevent him barr-
ing the entail of the Felbrigg property and cutting
down the timber. He said Gen. Windham called
on him after the marriage, spoke to him very kindly
and wished to sell him a small property, which he
agreed to take. He then said—and this remark
struck me very much—" If my uncle thought me
mad why did he try to make a bargain with me ?"
I asked him about his education. He said he had
been at Eton, and gained his remove into the lower
fifth form by examination. He also told n.e that
on that very morning he had done a proposition iu
Euclid to the satisfaction of Dr. Sutherland. He
admitted having gone with guards on the railway,
and sometimes worked the engine. He said he had
purchased a complete suit like a guard, and bought
a railway whistle. He remarked that many young
men did the same. I told him I had heard so. I
was with him a sufficient time to enable me to form
an opinion upon his state of mind. I saw nothing
sufficient to justify me in saying that he is
is
of un-
sound mind. He certainly not a lunatic; he is
under no delusion. Mr. Windham, if I may use the
term, is a very young man for his age, unable to
judge properly, but I have seen no radical defect in
his mind. He is capable of managing himself and
his affairs, and I think this inquiry will have a con-
siderable effect in improving him. It will have a
steadying effect upon him.
Cross-examined by Mr. Chambers—lt will make
him more like a man. I think he has mind enough
to profit by the lesson. I believe that if his majority
could have been kept back for two years he would
not have acted as he has done. I know many young
men of his age, in possession of their property, who
have weaker minds.

The cross-examination of the witness was not
concluded when the Court adjourned.

EX.ECUTIO2V S.

At 8 o'clock on Saturday morning David Brand-
rick, 20 years of age, was executed at Stafford for
the murder of Mr. John Bagott, clothier at Bilston,
on the 29th of September. It will be remembered
that two other men, Jones and Maddox, were con-
victed with Brandrick of the murder, the three
having run away from the house with portions of
the stolen property while the deceased was still
warm. All the prisoners have made statements.
They now all acknowledge having broken into the
house ; Brandrick stated that he took the chief part
in strangling the deceased, but that Jones gave
active assistance, and Maddox urged them to kill
Mr. Bagott. Jones acknowledged that he had
kicked and bit the deceased while Brandrick grasped
his throat, and he also says that Maddox was pre-
sent daring part of the time this was going on. All
agree that Jones and Maddox went upstairs and
ransacked the house while Brandrick was strangling
Bagott, and they also agree that, after leaving the
house without finding any money, they returned
and renewed the search, breaking open a drawer
and finding the cash-box and a large quantity of
gold in it. As all the three went upstairs on this
occasion, leaving their victim below, it is plain that
they were perfectly satisfied that he was either
murdered or helpless and incapable of making any
alarm. When they were disturbed in an entry
opposite, where they left a part of the stolen pro-
perty, they ran away together, and Maddox was met
a quarter of an hour afterwards with the other two.
He was carrying a part of the stolen clothes, and
Jones acknowledged that he was going with the
others in order to divide the money which Bran-
drick had put in his pocket. Maddox was 28, and
had been 12 times previously in Stafford Gaol, hav-
ing been sentenced to penal servitude for four years
in 1855. Jones, whose real name is Mulligan, and
who is Irish, is 21 years of age. At the age of 16 he
was sentenced to four years' penal servitude, having
been convicted of offences five times previously.
Brandrick has been known as a thief for some three
years past. He was tried for a burglary in March,
1861, but was acquitted. Information of the respite
of Jones and Maddox was conveyed to the Governor
of the gaol, Major Fulford, on Friday. Jones, on
being informed of it, appeared incapable of giving
it credence, as he has from the first abandoned all
hope of having his life saved. Maddox had made
a statement before the magistrates which is quite
inconsistent with his subsequent one, as he then
stated that he never entered the house, and did not
know of the murder until some time afterwards.
He appears to have clung to some faint hope of
having his life saved. An immense crowd as-
sembled during Friday night to witness the execu-
tion, and not less than 20,000 persons filled the
three roads which approach the front of the gaol
where the drop was placed. They behaved behaved
with perfect propriety and decorum. Brandrick,
who expressed the greatest astonishment and some
irritation when told that his associates were re-
spited, partook of the Sacrament on Saturday morn-
ing, listened attentively to the exhortations and in-
struction of the chaplain, the Rev. W. P. Vincent,
and walked calmly to the place of execution, where
Smith, the executioner, adjusted the rope, and draw-
ing the fatal bolt, launched the wretched man into
eternity. Great surprise is felt that the other two
men should have been respited. In the case of
Maddox, the Home Secretary, Sir George Grey, has
intimated to the prisoner's attorney that the sen-
tence would be commuted into one of penal servi-
tude for life. Except a representation by Maddox's
solicitor as to the insufficiency of the evidence
against him, no effort has been made to save the
lives of any of the prisoners.

The execution of James Waller, for the murder of
William Smith, a gamekeeper in the employ of Mr.
Timothy Horafall, of Hawkworth-hall, took place
behind York Castle at 12 o'clock on Saturday last.
If there was the slightest lingering doubt exist-
ing in the mind of any person as to Waller having
committed the crime of murder, it is satisfactory to
be enabled to dissipate it, he having on Friday after-
noon confessed to the High Sheriff his guilt, without
any qualification or reservation whatever. He was
visited by the chaplain at 7 o'clock in the evening,
and from 9 until 11 o'clock the officers who had
charge of Mm. read to him the 51st and 58th Psalms,
the sth and 6th chapters ot Matthew, and the 15th,
16th, and 24th chapters of Luke. The culprit then
joined in singing psalms and hymns, and at ten
minutes past 11 o'clock he retired to rest. He ap-
peared to sleep well until half-past four o'clock on
Saturday morning. He asked what time it was,
got up, and said he felt very well. A little before
seven o'clock he was visited by Mr. Green, the
deputy governor of the prison, and his own cloth-
ing was substituted for the prison dress he had been
wearing since his conviction. He said to Mr. Green,
while crossing the Castle-yard, that he had no
doubt he should soon be in Heaven. He appeared
cheerful and resigned, and partook of a hearty
breakfast. The sacrament was administered to
him at 11 o'clock by the chaplain and the Rev. T.
Myers.

From a very early hour in the morning groups of
persons collected in front of the scaffold, which
stood out in all its grimness as a contrast to the
brightness of a resplendent sunlit day. The bulk
of the persons forming these groups were from the
sister Riding, of which Waller was a native, not a
few of them having walked over the previous night
in order to witness the
,execution. As midday ap-
proached the numbers of spectators gradually in-
creased until the crowd might be counted by thou-
sands. At the hour of execution :there could not
have been less than 8,000 or 10,000 persons present.
A few minutes before 12 o'clock Mr. W. Gray, the
Under-sheriff, arrived at the Castle, and formally
demanded the body of Waller, who was thereupon
delivered into the hands ofAskren, tk executioner.
The process of pinioning thou commenced, and by
the time this was concluded the clock of the Castle
denoted the hour fixed for the criminal's death. A
procession was then formed in the usual order. It
arrived slowly upon the drop, the criminal
walking with a firm step. Before the execution he
fell upon his knees while the usual prayers were
read, and responded to the Lord's Prayer in the
most earnest manner. At the conclusion Waller
arose and submitted himself to the executioner, who
at once adjusted the noose, and by drawing the fatal
bolt launched the unfortunate man into eternity.
His struggles were severe, but life was extinct
in less than two minutes. After hanging
the
usual time the body of the unfortunate man was cut
down, and was interred in the afternoon within the
precincts of the Castle, in accordance with the
terms of his sentence.

It is satisfactory to know that Waller, on Satur-
day morning, again acknowledged his guilt of the

• ,1
crime for which he was about to stiffer. While
speaking of Smith, the murdered mat I, he said, " I
had my revenge, and this is my rewar' ; but I hope
that he (Smith) is in heaven, and I hope to meet
him there soon. There is no bad fee. ling between
us:now." Some time after, while tt'lking of his
family, who lictve occupied a large andount of his
anxiety since his trial, he said, "I have two chil-
dren in heaven, and I hope to meet them, there."

COUN7 RI MARKE2 S.

YORK-JAN. 4.

Wheat, red 60s to 645 1 0at5....... 22s to 248
White do .64s to 68s Beans ........ 44s to 528
Barley .32s to 38s I Peas ..,.......--s to —8
Malt, 68s to 708 per qr. ; rye, 36s per qr.; flour, 46s
to 48s per sack.

NORWICH—JAN-.. 4.
Wheat to-day was in short supply, and in middling
condition, and sold at is to 2s under the prices of last week.
A fair quantity of barley, which fully smpported late rates.
Flour 6d per sack lower. Oats, beans, antl peas dull.
White wheat. 668 to 688 f Red wheat... 62s to G 5.
Malting barley.... 38s to 39s I Chevalier bail eY 37t. to 38s
New d 0.......... 37s to 39s Oats.. ........ to --s

NORTHAMPTON—JAN. 4.
At this corn-market to-day the supply of :wheat was
moderate. The tone of the trade was moder..te, and the
quotations for all sorts were at recent rates-465. to 61s for
old, and 58s to 64s for new. A fair business in barley—
malting 33s to 38s, grinding 28s to 30s per qr. Oats in
moderate show, at previous prices—quoted at 22s to 353
per 24 stone. Beans, old, 38s to 45s ; peas, 37s •to 465.
Rye, 37s to 425; malt, 70s to 74s ; flour, 40s to —-8 per
sack.