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

viratr•rf sx4,7:rric er—iretT Dec. 3'l, 1861;" the Application of the same ; and the Charge
Consolidated Fund for the said Quarter, together with the Surplus or Deficiency upon such Charge.

Surplus Balance beyond the charge of' the Consolidated Fund, for the Quarter
ended Sept.:3o, 1861, viz.:—
Great Britain
Ireland

271,085

Income received in the Quarter ended Dee. 31, 1861, as shown in Account I. 17,068,039
Amount raised per Act 23-24 Viet., cap. 109, on account of Fortifications, &c 310,000
Amount of 14.lxche per Bind (Ways and Means) issued in the:Quarter 1,000,000
Amount received in the Quarter ended Dec. 31, 1861, in repayment of Advances
for Public Works, &c.
Amount of former charges cancelled

-619,368
679

£19,243,071

Balance, being the Deficiency, 40 31st Dec., 1861, upon the charge of the Conso-
lidated Fund in Great Britain, to meet the Dividends, and other charges, pay-
able in the Quarter to March 31, 1862, and for which Exchequer Bills
(Deficiency) will be issued in that Quarter 3,251,250

X 22,491,321

THE WINDII4III CASE.

The inquiry was resumed yesterday morning for the
eleventh time.

Dr. Forbes Winslow, in his cross-examination by Sir H.
Cairns, said—My first interview with Mr. Windham was
in the afternoon, and lasted till dinner time. At the conclu-
sion of the interview, I asked Mr. Windham to write a let-
' ter, which he did, and which Dr. Mayo has. I was first
consulted about this case at the end of the last, or the be-
ginning of the present month. It was Mr. Nicholls, of
Norwich, who came to me first about it. I had not seen
Gen. Windham and Mr. Neale before that. Dr, Neale first
called on me two days after I saw Mr. Nicholls. I saw
Gen. Windham for the first time about a week or ten days
after that. I will not undertake to say that it was not the
first week in November that I saw Gen. Windham, but my
diary would fix the date. At the interview in Cavendish-
square we all sat round the table. I was furnished with
the affidavits previous to the inter view by Mr. Field. They
wore the affidavits on the side of the petitioners only. When
I said I had not seen the medical affidavits, I meant those
on the other side. I did see the medical affidavits on the
side of the petitioners. They were placed in my hands three
or four days before the first interview. I suggested that Dr.
Mayo should bo associated with me. He also was furnished
with the affidavits. Dr. Mayo and myself had a short con.
sultation previous to the interview. I made a few notes of
the result of the interview, but I have not got them here.
I was supplied by Mr. Field with a list of certain questions
which I was to put to Mr. Windham. I have not got
that list with me. (At the suggestion of Sir H. Cairns,
hacked by the recommendation of the Master, Dr. Winslow
sent for this list, his notes of the interview, and his diary.)
I had no other directions as to the subjects upon which
I was to question Mr. Windham. I had seen General
Windham before the 11th of December five or six times.
The longest of these interviews probably extended over
half an hour. I will not swear it was not over an hour.
Twice 1 saw him at his house, and the other interviews
were at my own house. I am quite satisfied that the two
interviews I had with Mr. Windham wero sufficient to
enable me to form an opinion as to his state of mind. I came
to a conclusion at the first interview, but I did not express
any opinion until after the second. I thought it necessary
to see him again, to satisfy my own mind as to certain points
upon which I had not formed any strong or conclusive
opinion at the first interview. For instance, as to his pre-
sent mode of living. I do not recollect having seen Mr.
Field or General Windham between the two interviews,nor
that I had any communication with them. I will not swear
that I had not, but I have no recollection. I formed my
opinion of his incapacity to manage himself from various
circumstances ; first, from the fact of his having, against
do advice of medical men, contracted marriage while labor-
ing under a loathesome and communicatable disease; then,
from his callousness to all ordinary feeling, when he know
that his wife's paramour had slept with her or in the same
house with her the night before her marriage; further, I
do not think a man capable of managing himself who could
act, as Mr. Windham admitted ho had, as a guard and en-
gine-driver on a railway train, or who was unable to form a
right appreciation of the position in which he had placed
himself by contracting such a marriage, and living in
friendship with a man who boasted of having been his wife's
pat amour previously to her marriage, Those are the prin-
cipal points upon which I formed my opinion as to his in-
capacity to manage himself. The way in which ho admitted
having, shortly after coming into possession of his pro-
perty, involved himself in such serious liability ; the fact
of his quietly acquiescing in a course of proceeding which,
if he had the capacity to reason upon the consequences of
his own act, he must have known would ruin his property
—I allude to the sale of his timber ; in fact of his living
with ltoberts,and his apparent indifference as to the amount
of the expenditure he was incurring,and his general remarks
in answer to questions relating to his affairs and the gift of
the £14,000 of jewellry to Mrs. Windham as compensation
for the injuries he supposed he had done to her. These are
the main grounds on which I formed my conclusion as to
his incapacity to manage his affairs. I arrived at my con-
clusion from the questions I put to and the answors I re-
ceived from Mr. Windham in combination with what had
been told me by General Windham and Mr. Field. I assumed
that what they told me was correct. I assumed that the
statements they made as to the value of the timber were
correc`•, and that under the contract the estate of Felbrigg
would be denuded of timber, that the £14,000 of jewels had
really been given to Mrs. Windham in compensation. If a
young man just coming into a large property contracted
gambling debts, involving his estate to a ruinous extent, I
should not consider from that fact alone that he was of un-
sound mind and incapable of managing his affairs. If such
a person contracted a marriage with an unchaste woman I
should not consider that alone evidence of unsoundness of
mind. If he made a present of £6,000 of jewellery to his
wife on his coming of age or at his marriage I should not
consider that as proof of unsoundness of mind ; but I take
all the circumstances and all the facts together, and drawmy
conclusions from the whole. In the conversation at the
interview Mr. Windham told me that a medical gentleman
had informed him that the sore upon his person was a mere
abrasion of skin, and not the result of disease. I had not
heard that just before the marriage he had consulted a me-
dical man, who told him ho might marry safely. He did
not tell me, in reference to the gentleman who slept in Mrs.
Windham's house the night before marriage, that he had
engaged to have no more communication with her. Although
I do not consider that the mere fact of a man marrying a
woman of previously unchaste character proves imbecility
of mind, I think it makes a material difference when the
husband knows that her paramour was with her up to the
night previous to the marriage. I think such a marriage
under such circumstances is an act which no man who was
not drunk, drugged, or insane, would commit. 1 did not
know that the house in Wimpole-street was taken by Mrs.
Windham's brother for the purpose of the wedding, and
that the brother slept in the house on the night in
question as well as the gentleman referred to. I do
not think a taste for driving railway engines would be
proof of incapacity in a man to manage his own affairs, but
it is one of the elements of the case, and we nauat. look at all
the elements in combination. I take that together with
various other acts of folly. He admitted that he had acted
as guard to a train and driven an engine. Ile also admitted
that he had acted as a waiter. I think the driving of an
engine by an amateur, though competent, is an act of folly.
I do not think driving a four-in-hand or a stage coach by
an amateur who is competent would be an act of folly. An
amateur who takes charge of a railway engine might im-
peril the lives of hundreds of people, but an amateur who
drives a four-in-hand or a stage coach imperils only the
lives of his friends, who go with him voluntarily. It would
be different hi the case of a public stage coach, but iu that

event the risk would not be so great as in that of a railway
train. I think it would still be an act of folly for an ama-
teur to drive a railway train, though he had the engine
driver by his side. I have here the original paper I got
from Mr. Field of the questions I was, to put to Mr. Wind-
ham, and also the notes I made at die time; but I should
explain that I found it impossible to follow the questions
regularly, as Mr. Windham was constantly starting from
ono subject to another. When talking of the timber con-
tract, Mr. Windham did not refer to the long distance
which the timber had to be carried. He did say something
about Felbrigg beirg 23 miles from the railway, and that
there was that extent of land carriage to be taken into ac-
count in considering the price at whits the timber had been
sold. He should also state that he understood that the most
valuable timber was not to Le cut, but he did not tell me the
ornamental timber was not to be cut. I did not refer to the
ornamental timber. I assumed that'l had been rightly in-
formed that the whole of the timber was to be cut down. I
heard nothing from Mr. Windham to the effect that Gene-
ral Windham had been to Lawrence and Fry, and found
chat they were the bona fide purchasers of the timber.

General Windham never made such an admission. Mr.
Windham said that his uncle, Gen. Windham, had made a
proposition to him to place hit; property in the hands of
trustees, to pay a nominal rent for Felbrigg, and to reside
there up to a certain ago or year. Ho did not tell me when
that proposition had been made, but said that he had
refused the offer and spoke of a device on the part of his
relations generally to get possession of his property. He did
say he refused the offer because he thought it was meant to
benefit General Windham and his children. He said, Gene-
ral Windham wanted me to place the, property in my pos-
session in the hands of trustees, paping a nominal rent for
my own house at Felbrigg, and then that they would give
me a larger income out of the outlying property until 18:59,
when I should come into the whole of the property. Ho
said he refused this, as the object was to benefit General
Windham and his children. He said General Windham cared
nothing for him personally, but only wanted to get the pro-
perty. I asked about Mr. and Mrs. Lowellyn, and how long
he had lived there. He said they were excitable people, but
he said something complimentary about Mrs. Lewellyn, and
that she had been kind to him. I did not endeavour to
elicit a laugh from Mr. Windham to judge of his manner of
laughing. It was one of my instructions to do so, but I did
not obey it. One of the instructions was " Mr-Windham's
fancy must be tickled to get him to laugh." I did not
think it necessary to follow these directions, but treated
Mr. Windham with great respect throughout. His
answers had to be repeated to enable Dr. Bright, who is
deaf, to hear. I did not observe that ho showed anxiety
to change the conversation when subjects of a disagreeable
character were mooted. Theso two interviews were un-
doubtedly of a very trying character to Mr. Windham,
seeing that be knew the object of them. Ido not consider
that he went through the examinations very creditably.
There was no particular excitement exhibited by him.
There was nothing in his conduct or manner inconsis-
tent with the character and habits of a gentleman, but he
was very childish in his manner. I did ask him whether
he himself had not been sexually intimate with his wife
before her marriage, and ho said he had not. Then I asked,
" Have you not said to others that you have ?" He
said he had not. On the second interview I repeated the
question pointedly to him, whether he had not made such
a statement, and he then remarked that he had said, "that
he had had all he wanted out of his wife before manage,"
but he added, " I said so out of a blind, not wishing other
parties to know what I was going to do." lam certain
that this was at the second interview. On reference to his
notes the witness admitted that this remark was made at
the first interview, and that there could not therefore have
been any contradiction at the second.

Examination continued—The contradiction must have
taken place at the first interview. I was informed by Mr.
Field that the gentleman with whom Mrs. Windham had
previously lived slept at her house the night before the
marriage, I did not ask him for any details of his debts.
He appeared to be sensible that he was in law liable for his
wife's debts; and added, that after a certain time he would
advertise in the papers that he would not be answerable for
any debts his wife might contract. I attached importance
to his answer as to what would be his feelings towards
Roberts if he found that he was the real purchaser of
the timber, and not Lawrence and Fry. I find my
entry in my notes, as Mr. Windham's answer to nay
observation on that point is, " I should like to
hear what they say in court before I decide." I heard
from Mr, Eield or General Windham where Mr. Wind-
ham lived. Ido not remember whether it was any part
of my instructions to get an admission from him as to
his living in Piccadilly. Ido not know that he was spoken
to about Roberta's knowledge of timber. I did not ask him
whether Roberts was not known by the name of "Mahogany"
Roberts, but I believe Dr. Mayo used the word. I first com-
municated the result of my investigation at a consultation
at Mr. M. Chambers's chambers. Ido not think from Mr
Windham's appearance, that any person seeing him would
come to the conclusion I have expressed. I cannot draw
the exact line of demarcation between sound and unsound
intellect. If I had had no information as to any facts com-
municated to me by Mr. Windham, I should still, from what
I saw of him, and from his answers to my questions, have
come to the conclusion that he was of unsound mind, and
incapable of managing himself and his affairs. On being
pressed upon this point, Dr. Winslow said—lndependently
of the data furnished to me, I should have had no means of
testing the state of his mind. I could net have come to
any decided opinion, unless I had the means furnished to
me to judge from, in combination with what I siw at the
personal interview.

By the Master—lf I had heard nothing of him before,
and had no previous facts or data to go upon, I should have
been very loth to have drawn the conclusion that Mr.
Windham was of unsound mind. I should have thought
him a man of weak intelligence, but I would not have certi-
fied to his unsoundness of mind.

The cross-examination of Dr. Winslow was still proceed-
ing when the time of adjournment arrived, and will bo re-
sumed to-morrow (this day).

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functiouo.

Amount applied out of the Income for the Quarter ended Dec. 31, 1861, in
redemption of Exchequer Bills (Deficiency), for the Quarter ended Sept. 30,
1861,
3,962,612

Amount applied out of the Income to Supply Services, In the Quarter ended Dec.
31,1861 1861 9,589,024

Charge of the Consolidated Fund fotthe Quarter ended Dec. 31, 1851, viz. :
, Interest of the Permanent Debt £.6,300,865
Terminable Debt 349,410
Interest of Exchequer Bills (Supply) 113,681
Ditto ditto (Deficiency)' 5,7c0
The Civil List
Other Charges on Consolidated Fund
Advances for Public Works, &o.

Surplus Balance in Ireland beyond the charge of the Consolidated Fund in Ire-
land, for the Quarter ended Deo. 31, 1801 .

THE NAVY.'

From the notices published of late respecting the
extraordinary activity displayed in the outfit, com-
mission, and despatch of the first-class reserve gun-
boats to the Mersey and elsewhere it might natu-
rally be presumed that an equal degree of activity
existed at the head quarter depot of the gunboats at
Hasler. This is not the case, however. With the ex-
ception of 3') hands specially employed to complete
the Tyrian, begun, but delivered in an unfinished
state by a private builder, there is nothing doing in
the yard and shipway. It would take a considerable
number of hands some length of time to render the
boats stored under Hasler sheds fit for commission.
Many of them now lying on the blocks with their
copper off and an air-strake out of their planking on
each side have lain thus for 18 months, and some
still longer, since they were partially examined and
passed as sound boats. If a judgment may be formed
of the probable state of the whole of these, from a
recent examination of one of their number, it may
be concluded that many of them now are exceedingly
faulty. There can be but little doubt that many of
these vessels, which at the time of the official exa-
mination may have had but a rotten timber or piece
of planking at wide intervals, are now very defec•
tive. The line of blocks on which the boats are
stowed aro divided by brick partitions into six
equal parts, and the whole covered by zinc ridge
and furrow roofing. The mortar boats stand on the
opposite side of the yard, with their decks merely
covered with penthouse roofing. In the first divi-
sion of the gunboat sheds are stowed the Caroline,
Pet, Pert, Tiny, Wolf, Crocus, Camel, Skylark,
Garland, and Gannet. The seven last named have
each their copper off, with which exception they
are supposed to be complete and sound in their
hulls. But it is well known that they are not. 'The
Pet and the Pert have portions of the planking
stripped from their bottom. One is in a gcod state
of preservation ; the other is not. One was built
in a public and the other in a private yard. The
remaining boat in the shed is the Caroline, still
doing penance for her faults of construction. In
the second divisional shed stands the Mackerel, fixed
like the Caroline. Both vessels should be pulled to
pieces and their places occupied by craft that may
be some day of use. In addition to the Mackerel is
the Flirt, with fore part of keel and some of her
timbers crumbling to dust from dry rot. Her after
body has not yet been sufficiently opened to give a
correct idea of its state. The Cherokee is bare yet
to her timbers, which are being completed slowly
for planking. The Brave is rather more forward,
and will soon commence planking. The Beaver and
Badger have been hauled up, and still retain their
old copper, with an air-strake of planking out, but
no one can say what condition they are in until
they have been fairly opened. The remaining boats
here are the Primrose, Prompt, and Pickle, belong-
ing to the uncoppered class. In the third shed are
the Fervent, Albacore, Gnat, Swan, and Redbreast,
of the uncoppered class; the Grinder and Brazen,
with their old copper on; the Beacon, stripped of
planking, and making good her timbers ; and the
notorious Whiting, at length nearly complete in her
new planking. In the fourth shed stands the Snap-
per, partially opened, and faulty, as also may be
termed the Pincher; the Peacock is stripped of
planking, and making good her timbers; the Gadfly ,
Rocket, Midge, Charger, Parthian, Blossom, and
Confounder belong to the supposed sound, but un-
coppered class. In the fifth division the Thrush and
Ready are partially stripped of their planking, and
in the adjoining and last division of the sheds are
the new class of gunboats now building by the Go-
vernment, comprising the Minstrel, Netley, Orwell,
Bruiser, and Cherub, with the majority of their
timbers and framing in position, and the Tyrian,
completing, after having been received in an unfi-
nished state from the hands of the contractor, as
already stated. The mortar boats in the yard consist
of 12 built of wood and nine of iron. Of the condi-
tion of the former at present no one can speak with
confidence until they have been further opened and
examined. Twelve months since they were said to
be in gocd condition. Three-fourths of the gunboats
are of GO horse power. Of those afloatin the port are
the advanced flotilla, comprising the Rose, Raven,
Blazer, and Highlander. From this class have been
detached the Amelia and Escort for service in the
Mersey. To supply the places of the advanced flotilla
in the first-class reserve the following boats are being
hurried forward in the ship and steam basins of the
dockyard from the second-class reserve :---The Jas-
per, 80-horse power, and the Earnest, Savage,
Cracker, Foam, Swinger, and Pheasant, of 60-horse
power each. The remainder of the gunboats in the
port reserve consist of the Fenella and Hunter, of
40-horse power each, and the Chub, Decoy, Ant,
Rambler, Daisy, Angler, and Cheerful, each of 20-
horse power. The gunboat-yard at Haslar at pre-
sent is a solitude compared with the chief yard at
Portsmouth. In the latter it is one continuous scene
of energy and bustle. The efforts of the departments
are at present chiefly concentrated upon the gun-
boats being brought forward for first class, and the
veasels in the ship and steam basins and contiguous
docks, comprising the Black Prince, 40, screw,
ordered for completion by the 30th of April next ;
the Geyser, 6, paddle, Commander Jackson, bound
for Vancouver, ordered for the 15th inst. ; the Sutlej,
51, screw, for the 10th inst. ; the Tribune, 32, screw,
for the Ist of February; the Duncan, 101, screw, for
the_2Bth of February ; the Glasgow, 51, screw, and