The Sun.
London, England, 1862-01-11 00:00:00

THE WINDHAM CASE.

T
The adjourned inquiry into the state of mind of
Mr. W. F. Windham, of Felbrigg-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 Elizabeth 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 removal from the Court of Exchequer to the
Westminster Sessions•house is a most unfortu-

nate one. We believe it was compulsory, but that
is all that can be said in its favour. In point of
accommodation and convenience the new court is
almost as bad as could be imagined. Yesterday the
jury were crowded upon the bench like herrings in
a barrel ; counsel were separated from their solici-
tors, and the public were virtually excluded alto-
gether. To make matters worse,there was nobody
present acquainted with the ventilating arrange-
ments of the court, which seem to be of the most
elaborate description, and during the day the seeds
were sown of many a severe cold and sore throat.
At one moment the atmosphere was close and hot
as that of an oven ; in the next it was cooled and
agitated by numerous contending breezes, which,
rushing in from different points, played in the most
lively manner about the heads and legs of all who
had the misfortunate to be present. Mr. Karslake,
who has been suffering from a cold for several days,
had a small hurricane blowing into his right ear for
five hours. He bore the infliction with exemplary
patience and fortitude; but it would not be surpris-
ing if he should appear to-day with a peculiarity
in the sound of his voice as strange and striking as
that attributed to his client.
It was arranged that counsel should be present
at the interview which the Master and the jury
propose to have with Mr. Windham at the close of
the case.
Captain Ives, examined by Mr. Karslake—l am
a county magistrate and deputy-lieutenant of Nor-
folk, and have known the Windham family for
many years. I first met young Windham about two
years ago at a dinner party in Norwich. At that
time Mr. Horrocks was living with him. Mr.
Windham acted like any other gentleman in the
room. Shortly afterwards he invited me to Felbrigg
to meet the hounds and asked me to send my horses.
I accepted the invitation, which was given through.
Mr. Horrocks, and went to Felbrigg on the 10th
of January, 1860. There was nobody in the house
except Mr. Horrocks. I stayed three days and four
nights. On one of the evenings Mr., Mrs., and Miss
Scott and Captain Windham dined there. One day
Mr. Windham went out to dine with Lord Suffield ;
Mr. Horrocks remained with me. I went out with
the hounds twice ; Mr. Windham accompanied me.
He rode a horse belonging to Lord Suffield. He
dined at my house at the end of January. During
my stay at Felbrigg he behaved like a gentleman,
as far as I could judge, and he rode very well
with the hounds. Lord Suffield lent him a horse on
two occasions while I was there. I went into the
stables several times with Mr. Windham. Neither
there nor in the hunting field did I ever see any
cruelty on his part towards the horses. Last sum-
mer I met him frequently in London. Mrs. Ives
was in London at the time, and was in the habit of
ridir 0. with me in the park. We used to see Mr.
Windham frequently in the park riding. He
joined us once or twice. I liked the look of the
horse he was riding one day, and asked him whether
he would sell it. He said he had just bought it for
£4O, and seemed disinclined to part with it. As
an inducement I offered him £5O for the animal,
thinking he could easily get another for himself,
for I considered him to be a good judge of horses.
I have seen him driving once since he married. I
was going through Aylsham, and I saw him driving
a four-in-hand down the Norwich road. I over-
took him very soon. He pulled on one side, and I
drove up alongside of him. I asked him about the
horse I Lad fancied in London, and he told me it
had met with an accident anJ I could not have it at
all. He drove very steadily on that occasion. I
believe him to be a person of sound mind.
Cross-examined by Mr. Chambers—l had an im-
pression that he was a fast driver, and thought he
might try to piss me on the Norwich road, but he
made no attempt to do so. I had beard that he
had driven the mail cart once from Cromer to Ayls•
ham, and that circumstance may have given me the
notion that he was a fast driver. I was invited to
Felbrigg by Mr. Horrocks at the request of Mr.
Windham. I had gone to bed wi.en Mr. Windham
returned from the dinner at Lord Suffield's. When
I overtook him on the Norwich road he was by
himself. I have not seen him since that day. When
I met him in the park last summer he was gene-
rally riding alone. He joined Mrs. Ives and
me once or twice, but generally if I wanted
to speak to him, I turned and rode with
him. He rode rather faster than we did. I
saw him ride once with a lady who breaks in
horses. It was not Miss Gilbert, but I think it
was a lady of good character. That was the only
time I saw him riding with a lady. Mr. Horrocks
and he did not seem to be on very good terms. Mr.
Windham did not appear to like his tutor. At the
dinner party of which I have spoken Mr. Horrocks
eat opposite Mr. Windham.
Re examined—l formed the opinion that Mr.
Windham and Mr. Horrocks were not very good
friends from what the latter told me.
By the jury—Mr. Horrocks told me that Mr.
Windham was difficult to manage.
Major Glover, examined by Mr. Karslake—l re-
side near Felbrigg, and am major in the East Nor-
folk Militia. I was out with the regiment for train-
ing in 1860. I had known Mr. Windham for a
short time before that. I dined with him in Decem-
ber' 1859. During the training in 1860 he learnt
his drill very quickly, performed all his duties in an
efficient manner, and his conduct at mess was that
of an officer and a gentleman. I did not observe in
him any indication of want of intellect. When I
dined with him at Felbrigg he behaved himself pro-
perly. I have not seen him since the training in
1860.
Cross-examined by Mr. Chambers—Colonel Sir
Edward Lacon dined every day at mess and kept
very good order. I saw very little of Mr. Windham
except at mess and had no means of judging of his
truthfulness. I never saw him in the streets after
mess. At drill, as far as I saw, he was obedient,
and seemed to like it. I saw no difference between
his conduct and that of the other young officers. I
am not aware that he had any particular companion
in the regiment.
Re-examined—Mr. Windham did not require to
be kept in order at mess. He was the youngest
officer in the corps.
By. the Master—l saw Mr. Windham at a
ball in Yarmouth, but observed nothing par-
ticular in his behaviour. Any misconduct
on his part would have been noticed at once.
When I dined at Felbrigg the guests were Mr., Mrs.,
and Miss Scott ; Mr. Pears, Captain King, Mr.
Baring, and Mr. Horrocks. Mr. Windham and
Mr. Horrocks seemed to get on very well together
at dinner.
The Rev. Mr. Dolphin, rector of Antingham, in
Norfolk.—l knew the late Mr. Windham very
well, and have known the present Mr. Windham
since his childhood. His father was a passionate
man. I made the remark more than once that I did
not think the present Mr. Windham would turn out
well in consequence of the contradictory and incon-
sistent control he received from his parents. In
December, 1860, he and Mr. Peatfield dined with
me. There were ladies and gentlemen at table.
Mr. Windham talked in a loud tone of voice, but
there was nothing particular in his conduct. I am
chairman of the Board of Guardians. On one occa-
sion Mr. Windham came and spoke to me about a
pauper in one of his parishes. He said it was a
case deserving relief; the man had been idle for two
or three weeks, but as he was a single man Mr.
Windham thought he had not been attended to. I
told him that his statements would receive every
attention. An inquiry was made into the case.
Mr. Windham's representations turned out to be
perfectly correct, and the man was relieved. Last
spring I heard that Mr. Windham was about to be
married to a lady of good family. About that time
I met him near my own house and congratulated
him upon the proposed marriage. He replied,
" Thank you," and upon my mentioning the name
of the lady he said, " Yes, that is the lady." Last
summer—in July-1 saw Mr. Windham at Lord
Suffield's. He stayed and dined. Before dinner
lord Suffield, Mr. Windham and I walked through
the grounds to the dairy farm. On that occasion I
was with him an hour. His remarks were perfectly
sensible and rational and he seemed to understand
;the subjects of. conversation. From what I have
seen of him I believe him to be a person of sound
mind.
Cross-examined by Mr. Chanibers—And as
capable of managing his estate as many others who
come into their property without knowing the
value of money, Old Mr. Windham was a pas-
sionate man,:and on two occasions he exhibited his
passion at the board of guardians. I think he
swore. I have seen him angry with myself about
politics. Young Mr. Windham, as I predicted, has
r:`1; turned out very well. I never saw his parents
severe !..c' him. He was an affectionate boy, and I
never saw l'ira in a passion. His parents treated
him irregularly 'lid capriciously. When he came
down after dinner his lather would tell him one
thing, and the next minute !ifs mother tell him the
very reverse. I have not heard at different times
that he was about to be married to different ladies.
Besides the occasion I have mentioned there was
some talk of his going to be married to a young

lady at Torquay. I have not heard that he was in
the habit of falling m love with young ladies.
By the Master—l never saw him waiting at table
in the dress of a page.
Re-examined—l should call old Mr. Windham a
hasty man.
By the Jury—l know General Windham very
well. He has never expressed himself in an un-
kindly manner tom• ards his nephew in my hearing.
Sir Henry Robinson—l live near Felbrigg, and
made Mr. Windham's acquaintance about a year
ago at a dinner given by the last witness. I spoke
to him about shooting and other matters. His con-
duct during the evening was that of a gentleman.
I was present at a review near Cromer. Mr. Wind.
ham was mounted and acted as aide-de-camp. He
rode rather fast, and was not quite careful enough
of the spectators, but otherwise his conduct was
quite proper. In August last I gave an archery
ball. Mr. Windham was invited, but did not come
in consequence of his marriage.
Cross-examined by Mr. Chambers—Mr. Wind-
ham talked rather loudly at dinner, but not so
as to attract attention. The review near Cromer
was not an important affair. The mounted force
consisted of about half a score of irregular cavalry.
(A laugh.) Mr. Windham was aide-de camp to the
commander, Mr. Charles Buxton, and carried his
orders from one part of the field to another. (A
laugh.) He did not wear a cocked hat and feathers,
but he had a sword by his side. He rode at a brisk
trot, and when the coast was clear he broke into a
gallop. I believe the troops ultimately made a
oharge. (A laugh.)
Mrs. Voysey said she had kept a boarding-house
at Eton for eight years. Mr. Windham came to her
house in the Easter quarter of 1855, and stayed till
July, 1856. She had from 15 to 20 boys in her
• house when he was there. She saw them daily, and
was always present with them at dinner and supper.
Windham was a decidedly noisy boy, but he was
always obedient to witness and treated her with
respect. No complaint of his conduct was made to
her personally. He associated with the other boys
in the house on equal terms. She heard of his
being called " mad Windham." That was a very
common thing at Eton. At the present moment
there were several boys called " mad." He was not
extravagant, rather the contrary. After he left her
house she saw him from time to time in the street,
and she had seen him once since he left Eton. On
that occasion his manner was perfectly gentlemanly
and proper. She considered him to be peculiar, but
he was decidedly a boy of sound mind. She had
appeared as a witness much against her will.
Cross-examined by Mr. Chambers—Windham
was noisy and rackety in the house, but he was not
in the habit of slamming doors and shouting about
the passages. He was once rude to one of the ser-
vants, and was punished for it. She did not think
he swore at the servant. The epithet " mad" was
not one which they paid much attention to at
Eton. She did not remember receiving a complaint
about his doing injury to his bed. When he was in
her house he could take care of himself, but she
might have said that it would be advisable to have
some one to look after and guide him.
Re-examined—She had read a good deal about
him in the newspapers. When she last saw him he
was quite able to manage himself.
By the Jury—Windham left her house in conse-
quence of a misunderstanding between Lady Sophia
and herself. She thought he was a boy who would
be easily led.
Mrs. Sophia Gibson, examined by Sir H. Cairns,
said she was head boys maid at Mr. Balston's, one
of the masters at Eton, when Mr. Windham lodged
there. She never saw him at all extravagant—in-
deed, quite the reverse ; and she heard him say that
he had been warned by his father not to get into
debt at Eton. Lord Marsham was his most intimate
friend. On one occasion Lord Marsham fell upon a
knife which Mr. Windham held in his hand, but
that made no difference in their friendship ; it was
always considered an accident. Windham was
rough and rude, but nobody brought his best be-
haviour to school. She considered him to be of
perfectly sound mind.
Cross-examined by Mr. Chambers—Windham
was not particularly noisy. She never heard him
called " mad." Many boys were called mad at Eton
and iz was generally the more clever boys who were
termed so. (A laugh.) Windham was not the
cleanest boy at Eton, but he was not particularly
dirty in his habits. There was something peculiar
in the sound of his voice, but she did not recollect
seeing the saliva running from his mouth. She had
seen him with a dirty face and hands, but Eton
boys were very often dirty.
Re-examined—lt often happened that the ring-
leader was called mad.
Mrs. Cockburn, head boys maid at Mrs. I)rury's,
in Eton, when Mr. Windham was there, said she
attended to him and looked after his linen. Ho played
with the other boys, and always behaved like a
gentleman. Many had been called " mad" as well
as he. He did not get into more scrapes than the
other boys. He was always full of spirits, but did
not give unusual trouble. He had visited witness
several times since he left Eton, and always ap-
peared like a gentleman. She believed he was as
sound in his mind as she was herself. (A laugh.)
Cross-examined by Mr. Field—Mr. Cheales, the
tutor, lived in the house with Windham. The lat-
ter was not particularly rough and rude, and she
never heard him speak strangely. There was no-
thing peculiar in his voice; in fact, he was in all
respects like other young gentlemen.
Miss Kate Archer, the 100th witness, examined
by Mr. Karslake—l live in George-street, Portman-
square. At the beginning of the summer of 1860,
contrary to my usual practice in town, I was riding
one morning in the Park without a servant. My
horse became restive. Mr. Windham rode up and
assisted me, as any gentleman would have done,
and he has often since visited me as a friend. On
Sept. 28 last, General Windham called at my house,
and I had a conversation with him.
Mr. Karslake—What did he say ?
Mr. Chambers did not know what was coming,
but he submitted that a conversation between Gene-
ral Windham and Miss Archer could not be ac-
cepted as evidence in this case.
Sir H. Cairns maintained that he was entitled to
place before the jury evidence of the conduct pur-
sued by General Windham, one of the petitioners,
during the getting up of the case against his
nephew. Supposing he could prove that General
Windham had either tampered with witnesses, or
declared that he thought his nephew to be perfectly
sane, surely that would be strictly relevant to the
present inquiry.
Mr. Karslake and Mr. Milward were heard on
the same side.
Mr. Chambers contended that as they were not
trying General Windham, but the sanity or in-
sanity of his nephew, the evidence was not admis-
sible.
The Master said that if he was trying General
Windham for maliciously obtaining a commission
of lunacy against his nephew he would admit the
evidence, but as the question before the Court was
the state of mind of Mr. Windham he was bound
to reject it, because it would raise a collateral issue,
and lead them beyond the limits of the present in-
quiry.
Sir H. Cairns stated that the question put to the
witness was the beginning of several which were
meant to show, first, that General Windham, being
one of the petitioners, had actively interfered in
getting up the case and evidence to support it ;
secondly, that he had attempted to induce a witness,
against her opinion avowed to him, to give evi-
dence in favour of the petitioners ; thirdly, that he
had stated that, whatever might be real facts as to
the sanity or insanity of his nephew, he was deter-
mined to prosecute these proceedings in order to
prove his nephew insane and to obtain control of
the property ; and, fourthly, that Mr. Windham
having stated, as appeared from Dr. Tuke's evi-
dence, that he believed General Windham would
not venture to go into the witness-box, the evidence
of Miss Archer would have shown that the facts
stated by her were communicated to Mr. Windham,
and, among other matters, naturally influenced him
to make that statement to Dr. Tuke.
The Master asked Mr. Chambers whether he was
prepared to take a decision in his favour, and thereby
risk the ultimate issue of the inquiry ?
Mr. Chambers replied in the affirmative.
The Master then decided that the evidence was
inadmissible on the ground that the conduct of
General Windham, whether good or bad, was not
the question before the Court.
Mr. Henry Drake, examined by Mr. Milward,
said he was a barrister and belonged to the Norwich
family of Drakes. He was with Mr. Windham at
Dr, Badham's school at Blackheath. He was much
older than Windham, who was about 10 or 11 years
of age. He saw Windham every day at meals and
other times, and thought he behaved himself much
like other boys. He saw nothing to induce him to
believe that he was an idiot. At that time Wind.
ham was quite as capable of taking care of himself
as other boys of his age. Witness had been at Eton,
and had known several boys and ono master called
"mad."
By Mr. Coleridge—When witness was at Eton
promotion was obtained by examination, and not
by favour. If at Christmas, 1856, Mr. Windham
was in the upper remove of the lower division of
the fifth form, he must have been doing fifth form
work for several months.
Cross-examined by Mr. Chambers—Windham
was a dirty boy at Blackheath.
Lord Claude Hamilton, M.P.. examined by Sir
H. Cairns—l am colonel of the Donegal Militia,
which was quartered at Yarmouth in 1860. I made
the acquaintance of Mr. Windham in that year. I
first met him on the railway at Norwich. We were
both going to Yarmouth. I happened to mention
that I had spent a few days shooting at Felbrigg in