The Sun.
London, England, 1862-01-02 00:00:00

THE SUN :LONDPN, THURSDAY E 49, JANUARY 2, 1862..,_

THE WINDHAM CASE,

THE,

,RYE.

plosin g
! Price.

COMMISSION OF LUNACY THIS DAY.

Ilraid.

Business done

9,287 claims have been
teers enrolled in the und,
Naval Reserve :

- -
(Before Samuel Warm, Esq., Q.C., Master in Lunacy,
and a Special Jury.)
TEIRTEENTH DAY.

55 60
97 98

Mr. Windham this morning took his seat in court at the
opening of the proceedings.
Sir Huey Cairns resumed his address to the jury on
behalf of the alleged lunatic. Ho remarked that this was
the first time it had been attempted to introduce the
principle of conseil de faenille into the institutions
of England. The family councils having been taken,
it was easy to get together the evidence of tutors and
others to substantiate a case against iNIr. Windham by
evidence extending over a long series of years. It
would have been better for them, he thought, if the peti-
tioners had relied upon the medical evidence instead of
overlaying their case by the evidence of policemen and
railway guards. After some general preparatory remarks
he said be should proceed with an examination of the evi-
dence, not in the order in which the witnesses had been
brought before them, but dividing the life of Mr. Wind-
ham into four parts. First, that from his earliest life
until ho went to reside in Duke-street on the 27th of
May, 1861; secondly that which elapsed between that
date and the time of his marriage ; thirdly, from the time
of his marriage, and the events immediately and closely
connected with it; fourthly, that which had passed since
the marriage, and the events which were relied upon during
that period. In connection with Mr. Windham he was
ready to concede many points which had been brought
out in evidence. Ho had the misfortune to be an only
child, and as a natural result a spoilt child. From his
earliest years he had been improperly indulged and capri-
ciously restrained. His father and mother were excitable
people, and he himself was more fond of rustic pursuits
than of learning, in which he made little pregress, He
had great powers of imitation, and he certainly exercised
them in a very noisy and sometimes disagreeable manner.
He was certainly eccentric, but eccentricity was no evidence
of unsoundness of mind. It would be admitted also that
he made himself disagreeable to persons he disliked, but
on the other hand, the jury would have had ample tes-

Name of Port.

Number
Enrolled

31 41 d
- N-
-61 61

Aberdeen 285
Aberystwith
Alloa
Arbroath l9

Banff
Barnstaple
Berwick
Blyth
Borrowstoness 3
Boston .. 1
Bridgwater ll4
Bridport
Bristol
Cardiff 1
Cork

4i 5

Dartmouth .. 73
Dundee
Exeter 65
Falmouth
Faversham 7
Fowey
Galway
Glasgow
Glocester
Grangemouth 3
Greenock 39
Guernsey 1
Hartlep00l
Harwich
Hull
Inverness 2l
Leith
Lerwick
Limerick .. 7
Liverpool
Llanelly
London
Londonderry ..... 2

- -
timony that he had great powers of attachment and
affection towards those he thought were doing him justice.
His taste for acting on railways had been relied upon, but
that was a taste indulged in by persons of undoubted
sanity. It would be shown that Mr. Windham was per-
fectly well acquainted with the method of applying breaks,
and that over and over again he had been allowed to drive
an engine, and that at no time had any accident, or any
appearance of one, occurred. Ho expressed his great sur-
prise that Mr. Chambers should have closed his case with-
out calling the whole of the pcialuners into the witness-box,
at all events, those of the petitioners who in the privacy and
retirement of the Court of Chancery had made affidavits to
induce the Lords Justices to order this inquiry. Only two
of the petitioners had been called, namely, the Marquis of
Bristol and Lord Alfred Hervey, and they certainly were
not the two who knew most of Mr. Windham, Witnesses
had been sought for from St. Petersburgh, Spa, and Edin-
burgh—people who had had only an occasional glimpse of
the alleged lunatic—while the members of his family, and
who were intimate observers of his whole course of life, were
left unexamined. It had been said that General Windham
was free from suspicion in these proceedings, on the ground
that being so much older than Mr. Windham it was not
likely that he would ever come into possession of the pro-
perty. It must be remembered, however, that if Mr. Wind-
ham's marriage were set aside, and that was one of the
objects of the petitioners, he could not marry again, and
then dying childless the property would go to General
Windham or his son, with remainder. Another petitioner
was Mrs. Cecilia Anne Baring, who made an affidavit that,
she was the aunt of the alleged lunatic, and detailed
various circumstances. Why was she not brought before

master.

J. H. 13RowN, Registrar-General
of Seamen and Shipping.
General Register and Record-office of Seamen
and Shipping, Jan. 1, 1862.

the jury P Then there was Captain John Henry Windham,
who was the receiver of the Felbrin estates. He must have
known much about the matter, and was he afraid of repeat-
.

ANOTHER LETTER FROM JOHN

AI /Fen LL.

ing in the witness-box the information ho had given pri-
vately before the Lords Justices ? Then there was Mr.
Hooke, a banker in London, and one of the guardians of
this young man appointed by the Court of Chancery. He
could have told the jury something about Mr. Windham's
money matters, and the means that had been taken with
regard to his education. Was it to be tolerated that such a
gentleman should be allowed t ) make affidavits before the
Lords Justices upon which he could not be cross-examined,
and then withheld from the jury in open Court ? He
should have liked to ask him how it came that he allowed
Mr. Windham to go to London to make his own bargains,
and to expose himself to all the vices and temptations of Lon-
don life ; and whether at that time he was of opinion that
Mr. Windham was of unsound mind—and if he did, had he
not neglected his duty. He should like to have asked him
whether he over sought to restrain and rebuke him, or re-
commended to him a purer and better course of life. Mr.
Hook sold the alleged lunatic a horse in the summer cf
1861. He believed the horse was worth what it was sold
for, and that Mr. Windham knew its value vary
well ; but how came Mr. Hook to sell his ward a
horse, believing him to be of unsound mind, and not
able to manage himself or his affairs ? Was it this
circumstanee that kept Mr. Hook out of the box P He
should have liked to ask Mr. Hook what steps he had taken
to prevent the marriage of his ward with Agnes Willoughby,
of which he was apprised ; or whether he communicated the
fact to the Court of Chancery, who appointed him the guar-
dian of this young man? Now he came to the Coryphaeus
of the petitioner, General Wiiieham, who was appointed
guardian under the will ,of tho father, and who, from his
intimate knowledge of the young man, could have given the

fullest information. General Windham had been in court
through the trial, but he dare not appear in the open light

of day before an English jury, and dare not repeat on oath
what-he had stated in four affi lavits before the lords
justices. He should like to know when General 'Wind-

ham first entertained the idea that his nephew was
of unsound mind,—whether, when he allowed him to rush
into London life, he was satisfied with his mode of life,
whether he remonstrated with and reproved him, and
whether he endeavoured to restrain him ; whether, when
he complained of the fondness of his nephew for low com-
pany, he (General Windham) living in London, and in a
distinguished position, took any steps to introduce him into
better society, and to enable him to consort with better

company. Ho should like to know farther, what steps he
took to prevent the contemplated marriage, of which he was
apprised on the 28th of August; and why he introduced
Mr. Jackson to Fellbrigg, for the purpose of bringing about
a transfer of the estate.
The learned gentleman had not concluded his address
when we went to press.

POLICE INTELLIGENCE.—( This Day.)

MARLBOROUGH-STREET.

EXTENSIVE ROBBERY BY A PAWNBROKER'S ASSI ST-
ANT.—Francis James Fairweather, 26, assistant to Mr.
Fleming, of 1, Lower John-street, Golden-square, pawn-
broker, was charged before Tyrwhitt with stealing, at
various times, about £230 and 500 duplicates from his em-
ployer.
Mr. Albert Neate, of Southampton-buildings, Chancery-
lane, appeared for the prosecution.
Mr. Henry Doughty, manager, said the prisoner was an
assistant in the business up till the end of October last, and
gave notice to leave in the regular way, having been four
and a half years in the house. Two days before be left
£126 was found deficient in stock.

Mr. Neate said there had been fictitious entries.

The witness said in consequence of the deficiences he
went and asked the prisoner to come and explain it. He
did call once. He, in consequence of something said by a
customer, searched the prisoner's dirty linen bag, and
found in it and the drawers, about 500 duplicates. A
silk handkerchief produced was part of their stock, and the
property of the prosecutor.
Butcher, 137 C, said he went to prisoner's residence, and
afterwards to Essex-street, Strand, and prisoner came in.
lie said that he was sent to apprehend him for stealing
various sums of money amounting to nearly £2OO. He
said, "Nell, it's a bad job, and there is an end to all things
and to this." On the way to the station he said he did not
care for himself, only his father and mother. After being
charged he said all ho had taken was an opera glass and
ring, which were pledged at Kirkbam's and Dobree's, in
the Strand, and that all the rest he had taken was money.
Mr. Neale said that was all the evidence he should call,
and asked for a remand, which was granted.

THE BALLOT SOCIETY.—The weekly meeting of
the Executive Committee was held at the offices in Guild-
hall Chambers on Tuesday—Mr Sydenham Nodes in the
chair. Mr. Whitehurst, Mr. Bontems, Mr. Elt, Mr. Le
Maitre, Mr. Clowes, Mr. Man, Mr. M. E. Marsden, &e., were
present. Wm. Jones Williams, Esq., of Manchester,
chairman of the Salford Ballot and Reform Association,
was elected on the Council. With reference to the Not-
tingham election, the committee agreed to the following
resolution :—" This committee congratulates the friends of
the ballot in Nottingham on the triumphant return of the
ballot candidate, and trusts that the defeat of the anti-ballot
Whig candidate will have a salutary effect upon other can-
didates and constituencies." The committee gave direc-
tions for calling the attention of the electors of Oxfordshire
to the ballot in reference to the coming election, and also
for ascertaining, by means of correspondence through
electors, the views of Sir W. H. Dashwood on the question
THE INCOME OF THE LIVERPOOL CORPORATION
—At the meeting of the Liverpool Town Council yesterday
the report of the finance committee was submitted, from
which it appeared that there was a surplus income availab'e
to the extent of £26,305. A recommendation to postpone
the appropriation of that amount until the meeting, at
which the improvement and other rates were proposed, in
order that the council might be enabled to make such ap-
propriations of surplus in aid or substitution of these rates
as they might think fit, was confirmed.
COMMANDER WILRES.—That officer had been in
a country where he (Mr. White) had passed a considerable
portion of his life, and was guilty of an act which many of
them thought should stain him for ever with indelible in-
famy. This was the Commodore Wilkes who hung at the
yard arm of his vessel the son of the Secretary of the Navy
for an alleged breach of discipline, though officers went on
*their bended knees to him to let the young man be sent
home.—Sptech of Kr. Wile at Brighton.

received and 8,229 volun-
,ermentioned ports in the

Name of Port. Number
Enrolled
Lowestoft
Lyme
Lynn
Maiden
Maryport
30
Middlesborough .. 1
' Milford
Montrose .......
Newcastle
Newhaven
Newport
Newry 1
Penzance l3
Perth
Peterhead
Plymouth
Portsmouth
Ramsgate
Rochester
Scarborough
Seaham .
Shields, North
Shields, South
, Southampton
Stranraer 1
Sunderland 902
Swansea
ITeignmouth
Waterford
Wells
Wexford
! Weymouth 5
Whitehaven
I Wisbeach
1
Yarmouth

Total

Of the above, 24 hold certificates of competency
as masters, and 116 certificates of competency as
mates; 17 hold certificates of service as masters, and
38 certificates of service as mates. Total holding
certificates, 195. And the force embraces 1,145
petty officers in the merchant service.
Reserve men are not prevented from making long
voyages, as leave may be obtained from a shipping
master after the drill has been performed. Reserve
men are required to produce their books, R.V. 2..
to the shipping master whenever engaged or dis-
charged; and to Consuls abroad on the like occa-
sions, in order that the necessary entries may be
made therein ; and to deposit their books with the
naval officer when entering on drill, or entering the
Royal Navy.

A volunteer must have served five years at sea,
be an A.B. one year, and be under 35 years of age.
He will receive £6 every year as a retaining fee,
payable quarterly, and a pension of £l2, after requ-
site service, at 60 years of age, or before if worn
out. He is also eligible for the Coastguard and
Greenwich Hospital, He is required to perform 28
days' drill during each year, and will receive pay
and allowances while on drill.

For detailed particulars resl ecting enrolment and
drill, application should be made to a shipping

THE WISH FATHER TO THE THOUGHT.
PARIS, DEC. 24.

The ship which bears to England an apology, or
else a defiance, is now at sea. That it is freighted,
not with th• apology but with the defiance, I be-
lieve, for the following reasons :—The enormous
effort whichthe Northern States have been making
for the last nine months to subdue the Confederate
States, has called away from their ordinary occupa-
tions vast multitudes of men, who must be either
paid and fed, or else disbanded, and suffered to pay
and feed themselves. The great mercantile com-
munity of New York and other cities has bronght
about this state of things by stopping employment
and driving the idle masses of men into the
army as their only refuge ; hoping by this enor-
mous concentration of force to crush out the re-
bellion at once and regain the lucrative trade of the
South for the merchant " princes" of the North .
The effort has failed, finally and hopelessly; and a
huge army is on hands. Useless to tell them to go
home to their work, their shops, their farms. The
work they used to do, the business they used to
carry on, are gone. General bankruptcy and ruin
stare the country in the face; and the military
system of the Federal States is at this moment, to
a very great extent, a system of out-door relief. The
Government dare not disband these men. Within
the short nine months of this war the whole Govern-
ment and social system of those Northern States
have been shaken to its foundations. The President
and his Ministers have set the example of violating
all law, and establishing a mere military rule; a
perilous example to half a million of armed men, if
they are now to be sent adrift to live as they best
may. Amongst those soldiers are the worst of the
rowdy population of the cities, and thousands of
convicts taken out of the State prisons, like the
" Zouaves" of Billy Wilson. In sending forth these
fellows to subdue the South, New York hoped never
to see their faces again ; and if they were now to
come b:ck, amongst an impoverished community,
rendered more atrocious than ever by military
habits, and inflated by the esprit de corps—decent
people would be obliged to emigrate to Europe. In
short, Mr. Lincoln's Government holds a wolf by
the ears. _ _

The conclusion is obvious—if they cannot plunder
the South, they must provide for these half-million
of fierce armed men somewhere and somehow. The
more enormous have been the pecuniary efforts and
sacrifices heretofore made by the moneyed classes in
New York, the more needful is it that they reim-
burse themselves out of some fund. If they cannot
whip the Southerners, they are bound to whip some-
body, and in their rage they naturally turn upon
England, their ancient enemy. They think, and
think rightly, that it was England that involved
them in their present difficulty, and it is more than
flesh and blood can bear to see England standing by
grinning and sneering now at their failures and
their troubles. Take this for a fact also—l assert
it after six years' close observation —all Americans
hate England perfectly and satisfactorily, except
some few foolish and servile literati, mostly at
Boston. They fully believe that a casus Belli with
England is always open and available ; and are
firmly of opinion that Americans must ever and
always thrash the English, and that the third war
between them will also be the last; a conclusion in
which I altogether concur.
But further: the Americans will stand by and
maintain this insult and outrage for another reason
—namely, that they are largely in England's debt,
and are likely to be unable to pay. I remember
that, a few years ago, when war was threatened,
American journalists disposed of it with a pooh,
pooh ! Talk of England bombarding New York,
said they : if she does she will be setting fire to
warehouses bursting with her own property ; she
will be cutting off her sole chance of even the
smallest per tentage in the pound. And, in this
nineteenth century, are men going to stab their
debtors and shoot their customers ? Pooh, pooh !
If the Americans shall now, therefore, deliberately
and with cool calculation, resolve to push England
to the alternative of either fighting or being dis-
honoured for ever, they will come to this resolution
after a mature consideration of the account and the
balance-sheet.

You observe with what horror the English press
comments on the barbarism of Lincoln's Govern-
ment sending a fleet laden with stones to be sunk
at the mouth of Southern harbours. One would
suppose that a British Government had never
been guilty of such a piece of brutality—
for brutality and barbarism it is. Well, it is
not yet forgotten in France that English ships were
sent before now with similar lading, and on a simi-
lar errand, to more than one French seaport ; and
particularly that a stone fleet once sailed into the
harbour of Cherbourg, and sunk in it many thou-
sands of tons of solid rock. New England only
imitates Old ditto, like a dutiful child. It is from

the parent Anglo-Saxon that the Yankee one dc.
rives whatever brutality he has in his character—
just as he has derived his Habeas Corpus, his Shak-
spere, his love of fair play. J. M.

At Lloyd's, on the news from America, there
was a slightly downward tendency in the rates for war
risks, but the business transacted was unimportant.