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

THIRD EDITION.

SUN OFFICE, Seven o'clock.

NAVAL INTELLIGENCE.

The following appointments were mado at the Admiralty
this evening :

Assistant-Paymasters—Allen F. Gain to the Victory;
Edward S. Lean to the Royal Adelaide.
Masters'-Assistants—Henry V. Prichard and William
Renwick, supernumeraries, to the Bacchante.
Naval Cadets—C. H. Herring to the Edgar ; J. E. F.
King and E. J. V. Pritchard to the Bacchante.

BANK OF ENGLAND.

An Account, pursuant to t:
cap. 32, for the week ending
of Jan., 1862 :

lte Act 7th and Bth Victoria
on Wednesday, the Ist day

ISSUE DEF
Notes issued . . £29,7D2,265,

ARTMENT.

Government Debt .£11,015,/00
Other Securities .. 3.(1:14,900
Gold Coin & Bullion 15,142,265
Silver Bullion ....

X29,' 92,265'

ZZ9,792,265

BANKING D;
Proprietors' Capi-
tal £14,553,000
Rest
Public Deposits (in-
cluding Exche-
quer, Savings'
Banks, Commis-
missioners of Na-
tional Debt, and
Dividend Ac-

:PARTIVENT.
Government Secu-
rities (including
Dead WeightA n-

nuityl £11.561,672
Other Securities 18,761,058
Notes
Gold and Silver
Coin 819,174

counts) 7,315.833
Other Deposits 15,036,062
Seven Day and
other Bills 652,650

£40,768,629
(Signed) M.ll
Jan. 2, 1862.

£10,768,629
ARSHALL, Chief Cashier.

THE WIND HA 211 CASE.

COMMISSION OF LUNACY THIS DAY.
(Before Samuel Warren, Esq., Q.C., Master in Lunacy,
and a Special Jury.)
THIRTEENTH DAY.

Mr. Windham this morning took his seat in court at the
opening of the proceedings.

Sir Hugh Cairns resumed his address to the jury on
behalf of the alleged lunatic. He remarked that this was
the first time it had been attempted to introduce the
principle of commit de fantille 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 Mr. 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 he 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. He had the misfortune to be an only
child, and as a natural result a spoilt child. From his
earliest years ho 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 progress, Ho
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-
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. indham 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. He expressed his great sur-
prise that Mr. Chambers should have closed his case with-
out calling the whole of the petitioners 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 know 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
♦arious circumstances. Why was she not brought before
the jury f Then there was Captain John Henry Windham,
who was the receiver of the Felbrigg estates. Ple must have
known much about the matter, and was he afraid of repeat-
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 bo allowed t ) make affidavits before the
Lords Justices upon which ho could not bo 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 ever 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 of
1861. He believed the horse was worth what it was sold
for, and that Mr. Windham knew its value very
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
circumstance that kept Mr. Hook out of the box ? Ho
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 Coryphmus
of the petitioner, General 'Windham, who was appointed
guardian under the will of the 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 ho dare not appear in the open light
of day before an English jury, and dare not repeat on oath
what ho had stated in four an iavits 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 ho 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
bettor society, and to enable him to consort with better
company. He 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.

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 deflciencos 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.
He said that he was sent to apprehend him for stealing
various sums of money amounting to nearly £2OO. Ho
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 he had taken was an opera glass and
ring, which were pledged at Kirkham'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.