The Sun.
London, England, 1862-01-03 00:00:00

LIVERPOOL SPRING CUP.

Entries for the Liverpool Spring Cup of 100 sovs in
specie, by subscription of 10 sovs each, h ft, with 60 added.
About one mile and a balf :—Egyptian, Shopshire, Paul
Clifford.' Bevis, Lord Stanley, Absinthe, Arcadia, Ben-
jamin, Ducat, Wombat, Queen of Spain, South Lancashire,
by Windbound—Morgan la Faye, Sir William, Costa,
c by Wild l3aYrell—Vest, Yorkminster, Antares, Colares,
Corona, Killigrew, Romeo, Warminster, General Hesse,
St. Lawrence, Sagittarius, Gavazzi, and Good-for-Nothing
(late Rudorsdorff.) "

THE IVINDRAIII CASE.

(Continued from 17te Sun of 'yesterday.)
Sir H. Cairns was much surprised when ho heard
his learned friend say, " We here close cur case,"
as he certainly thought that would not have been
done until he had called into the witness-box every
one of the petitioners and those persors who had
appeared before the Lords Justices, in reference to
this case. He felt surprised that they had not said
we will come here, and stating all we know, give
an opportunity of answering every question which
may possibly weigh in the opposite scale; and he
considered it would be the province of the jury to
require that it should be done, but if it was not done
then they would draw their own conclusions from
it. As to the members of the family who had seen
Mr. Windham from his infancy, who were familiar
with him, and observers of his whole course of life,
why were they absent, and persons who had but a
glance at his conduct, or who heard his laugh, were
those who were to tell them the state of his mind ?
The other horn of the dilemma was that if they
were called forward they would be unable to speak
to any particular acts which would tell against him.
Mr. Chambers, in his opening speech, referring to
the subject of property, took credit for the motives
of the petitioners, and stated that General Wind-
ham was so much older than his nephew that he
could not benefit from the property. Let them
examine that point. There was an estate called
Felbrigg, which, when Lady Sophia's jointure fell
in, would be worth £3,000 a year. The devised
estates in 1869, when the mortgages would be
nearly paid off, would produce about £9,000 per
annum. Here was an income of £12,000 a year in
all. Supposing it could be determined that Mr.
Windham was an imbecile and incapable of taking
care of his affairs, and that his marriage was null
and void, what would be the consequence ? The
person next in remainder to the whole of this pro-
perty of £12,000 a year was General Windham,
for his life, with the remainder again to every
one of his sons. If Mr.: Windham were of im-
becile mind no marriage could be contracted ; he
would live and die a bachelor, and the whole
property of £12,000 a year would be as well
and firmly secured to General Windham, if
he lived long enough, but at all events to his
family, as if the best conveyancer in England or
the world were now to convey and settle it in that
way. It was idle to say that General Windham
was free from the possibility of suspicion because,
forsooth, he was older than his nephew. Here was
the transfer of the entire property to his family,
whether he might himself live to enjoy his life
interest or not. But the matter did not stop there.
Look at the position of the other petitioners. Were
Mr. Windham to be declared insane, the authorities
in lunacy would regulate the property. Everybody
knew that a certain sum was allowed for the main-
tenance of the lunatic. Supposing that, oat of
£12,000, some £3,000 0rt4,000 a -year were allowed
for the comfortable maintenance of the lunatic as a
bachelor; £B,OOO per annum would remain. Sup-
posing that the contingency of the lunatic living a
a long time, say 40 years, and the general not corn-
ing into possession, were to happen, there would
be at the death of the lunatic an accumula-
tion of between £300,0100 and £4oo,ooo—a
very pleasant thing for the next of kin. Who
were the next of kin ? Why, the other peti-
tioners. As to the proceedings before the Lords
Justices, who were the parties before the Court ?
Why, 11 heads of families, who are also petitioners.
One of the parties who made an affidavit to the
Lords Justices was Lady Cecilia Baring, and
he would ask why she was not called to tell the
jury the same facts as she made in her affidavit to
the Lords Justices, for they could not suppose but
she said something as to the state of mind of her
nephew, and which induced the Lords Justices to
order this inquiry. Then another party to the pro-
ceedings before the Lords Justices was Captain
Windham, and he would ask why he was not put
into the box and called upon to state on oath in
public what he said in private to the Lords Jus-
tices. Then another person was Mr. Hook, a
banker in London, and one of the guardians of Mr.
Windham, and regulating his allowance, and di-
recting the course of his education. Where was
he, as he could tell them something about money
and the proceedings of Mr. Windham. Where was
he ? Why was he not in court that they could
examine and cross-examine him in public on those
things which he had in private told the Lords Jus-
tices ? They should then have known something
about it, and he must presume that he was afraid
to come and submit to that examination. He (Sir
H. Cairns) would have liked to have asked Mr.
Hook, if he had come, if it was judicious for a guar-
dian to take his nephew to houses to drink cham-
pagne, to choose his own residence in London, and
if at that time he considered he was sane or insane,
or fit to manage himself or his own business. Did
he tell the Court of Chancery, Mr. Windham being
a ward of that court, that he considered that he
was of unsound mind, and, before he came of age,
ask for an investigation to ascertain if he was fit
to dispose of his own property ? If ho consi-
dered he was of unsound mind, then Mr. Hook
had grossly neglected his duty. He had heard
that while at Mr. Llewellyn's Mr. Windham
was pursuing a riotous and profligate life, and hav-
ing heard this did Mr. Hook go to him, rebuke or
remonstrate with him, and put him into a place
where he would be removed from temptation P Did
he do that as his guardian, or did he for six months
keep all this to himself and say nothing about it ?
It seemed that Mr. Hook had sold his nephew a
horse, with which he drove about London, and he
(Sir H. Cairns) did not say that Mr. Windham had
made a bad bargain, or that Mr. Hook had done
wrong in selling it—he believed in that transaction
he had acted honestly—but was that the reason
that kept Mr. Hook away so that he should not be
questioned about it ? Then, as to the marriage of
Mr. Windham, he would ask did Mr. Hook take
any steps about it; did he go the Vice-Chancellor,
or to Miss Willoughby, and inform her of the na-
ture of the person to whom she was about to be
married ? He did nothing of the sort, and although
he was well aware of the intended marriage he said
nothing at all about it. So much for Mr. Hook. He
now came to the Corypheus of the petitioners—
General Windham—who made four affidavits before
he could get the Lords Justices to move in the mat-
ter. He was the testamentary guardian of Mr.
Windham, and although he had sat in the court
during the whole of the trial, regulating the order
of witnesses—it was only that day that they missed
him from the side of his learned friend (Mr. M.
Chambers)—and yet he had not dared to present
himself in the witness-box and tell them on oath
what he had told the Lords Justices in private.
There was scarcely a witness had been examined
who had not made some reference to General Wind-
ham, and yet he had not come to be examined on
oath. He wished to have asked him whether he
took any interest as to the place he selected for his
nephew, -whether he ever rebuked or remonstrated
with him as to his taste for low society. He
should like to know the ,Conversations which took
place between General Windham and his nephew at
Mrs. Llewellyn's. He should like to see the letters
which were written by Mr. Windhatn. He should
like to see the papers which were given by Mr.
Llewellyn to Gen. Windham, and other letters which
were written by the person who was the subject of
the present inquiry. As to the verbal evidence of
railway guards, and other persons who had been
brought forward, what was that put in comparison
with letters which had been written ? And here he
must remark that it was with the utmost difficulty
that a letter written by Mr. Windham was yester-
day produced by Dr. Mayo, although Mr. Hansell
admitted that numerous letters had been written by
Mr. Windham. He should like to ask General
Windham if he took any steps to intimate the un-
soundness of mind of his nephew when he informed
him that he would be able to get for him a commis-
sion in the Guards, providing he would only read
enough for it. Then he would like to have asked
General Windham about the telegraph ; and, after
the marriage, when he was at Felbrigge Hall, as to
his attempt to enter into an arrangement with Mr.
Windham for the purchase of the estate. Then
there was the timber contract, of which they should
have the fullest explanation ; and here he might
remark that his learned friend (Mr. M. Chambers)
had called Messrs. Fry and Laurence into court to
prove the contract, but had refu,ed to allow them to
be sworn and examined upon a subject about which
they could have given the fullest information. He
called the members of a most respectable firm, and
yet although they were able to give the fullest in-
formation as to this contract, they were not allowed
to open
wises to be called
their mouths. Then there. wi the marriage.
He had asked if there were any w
who were present at the marriage, and he was told
had contented himself b
that none would be called ; and his learned friend
would have been taken iny
the most common case at
taking the course which
nisi prius, and had merely called a witness to prove
the handwriting to the marriage register. Having
dealt with the evidence which ought to have been
produced, he would now go to that which they had.
He hoped that, if any of
the jury had sons, and
they were placed under the care of guardians, that
they would be treated with care, and in a more
kindly manner than Mr. Windham had been. The
events of the boyish days of Mr, Windham had been
raked up; and the act of a boy in a jacket, while
dining at Lord Bristol's, in laying
hold of a piece
of meat with his hands instead of using
a knife or a
spoon, was brought up as a proof of
his unsound-
ness of mind. He was said to have made an attack
on Lady Alfred Hervey for having spoken to him
fur doing so; but she had not been called to tell
them anything about it. Then they were told that,
while at Torquay, he cried when he was requested
to be vaccinated; but Lord Alfred Hervey admitted

! that was before his father's death, and that a boy
in a jacket, net then being 14 years of age, should
cry on that occasion was nothing very extraordi-
nary. Then there was the evidence of the Marquis
of Bristol, who said that Mr. Windham had dined
with him on two occasions, and that he behaved
very well for him, as if there were other times when
he behaved ill ; but the Marquis of Bristol admitted
that those were the only two occasions upon which
he had dined with him. Tiaen the other guardian had
said that he had seen him riding in Rotten-row, and
that there was a smile on his face, and that was a
thing which could not be very extraordinary. His
learned friend, in his opening, had told them that
the first school Mr. Windham was sent to was
that of Mr. Patten, at Blackheath, where his habits
were filthy and nasty ; but where was Mr. Patten,
and why was he not called to prove the state-
ment which had been made by his learned friend ?
He had not been called. Then he referred to
Mr. Bolston, the tutor at Eton, in whose house Mr.
Windham was, and who was obliged to get rid of
him ; but where was Mr. Bolston ? Why was he
not called by the petitioners, who could, if his state-
ment was true, have given them most important in-
formation ? The first witness called was Mr.
Cheeles, his tutor ;:but it seemed that he was a gen-
tleman who had never had a pupil before. And
what did he tell them, he being Mr. Windham's
tutor ? He told them that Mr. Windham had been
able, without the aid of a private tutor, to go
through his exercises in Greek, Latin, and spelling,
and while on the fourth form, without any other
assistance, was able to keep his place. The learned
counsel here referred to some filthy habits which
had been spoken of by several witnesses, and said
ho should be able, by casts of Mr. Windham's
mouth, to satisfy the jury that that arose from a
natural malformation, and over which he had no
control. As to the riding rapidly, Mr. Cheeles said
he rode rather fast, but he never treated animals
with cruelty, and therefore he thought it was un-
fair on the part of his learned friend to state in his
opening address that he was guilty of systematic
cruelty to animals. Then there was the charge of
his having, while at a ball at Torquay, seized a gen-
tleman by his whiskers, and knocked his head
against the wall; but although he said that a
quarrel had taken place between them he never
made any inquiry of what the quarrel was about,
and was unable to say whether or not there might
not have been a provocation for it. The learned
counsel then criticised some other minor points of
the evidence, and then alluded to the favouritism
by which it was alleged Mr. Windham took his re-
move to the fifth form ; but even Mr. Cheeles ad-
mitted he took his remove from his school examina-
tion, and if there was a slight favouritism as to
arithmetic, Mr. Bolston was the only one who
could speak as to that, and ho had not been called.
The Rev. Mr. Hale, the mathematical master, had
said that he was noisy and boisterous, and he was
compelled to have Mr. Windham close to him to
keep him quiet, but he admitted that he could go
through the first four rules of arithmetic, and did
all his work very well, although he said he was the
densest pupil he ever had. He would now refer to
the evidence of Mr. Whiteside, a cornet in the 18th
Hussars, who was at Eton at the time Mr. Wind-
ham was there, and he said that he was called
" Mad Windham." He also made a singular state-
ment that during the five years he was at Eton he
had never heard any other person during that time
called mad except Mr. Windham—a statement
which made those who knew what public schools
were, raise their hands in surprise, well knowing
that scarcely was there any school where there was
not some boy who was called the madman, from his
noisy and boisterous nature, but who was generally
one of the cleverest boys in the school. Having
alluded to the evidence of Col. Bathurst, he said he
would take it as a fair statement of the case of the
petitioners, and no doubt he was disappointed in
having taken charge of a young man to travel with
him on the Continent, who was not of those culti-
vated habits to enable him to introduce him into
good society ; and he had no doubt that Colonel
Bathurst did not much enjoy his continental trip
on that occasion. He had spoken of his beating a
horse, but he did not set that :down as an act of
cruelty. As to his eating, he said he thought he
took more than was good for him; and, after that,
he believed they might get rid of the mass of rub-
bish which had been brought before them in re-
spect:to his eating. He then reviewed some other
portions of Colonel Bathurst's evidence, and as to
his talking with railway guards and waiters on
the Continent, they might readily be accounted
for, as they were the only persons who usually
spoke the English language. As to the state-
ment of Mr. Whiteside, in reference to the ob-
servations of Mr. Windham on the mules to ladies
while ascending the mountain, there might have
been a substructure of truth in it, but nothing
serious, or Colonel Bathurst would have been
applied to, and Mr. Windham would have been re-
quested to apologise in the same way he had done
for some impropriety committed at the hotel at
Lucerne. Colonel Bathurst, in reference to Mr.
Windham's knowledge of the value of money, said
he supplied him with £2OO a-year, which was for
clothes and pocket-money ; and during the whole
time he never knew him to make an injudicious
purchase, although he had no orders to restrict him
as to the amount of money. After Colonel Bathurst
brought Mr. Windham home, his next tutor was
Mr. E. Horrocks, and was so from October 1859, to
June, 1860. Mr. Windham wanted to stop at home,
and Mr. Horrocks wanted to go abroad and thus
was established a castes belli between them. He
seemed desirous of teaching Mr. Windham French
and German, so that he might go abroad, m hereas
it was the desire of Mr. Windham to remain at
Felbrigge ; and hence there was a constant dislike
between them. Mr. Horrocks said that Mr. Wind-
ham would go out into the fields in the morning,
and come into breakfast with dirty clothes and
hands and would eat like an animal; but Colonel
Bathurst, who was with him for nine months, did
not speak of anything particular in that respect;
and if Mr. Windham did eat like an animal, they
had a right to suppose that that animal was man.
Mr. Horrocks told Mr. Windham that if he did not
behave himself he would be put into a lunatic
asylum, and that General Windham would take his
property from him when he came home from India:
Ncw, although he (Sir 11. Cairns) did not think
Mr. Horrocks was a very good tutor, he believed he
was a very good prophet. He then went in
detail over some other portions of Mr. Hor-
rocks's evidence, and said that the conduct of
Mr. Horrocks did not reflect to his credit, but
that it showed tho utmost charity and forgiveness
on the part of Mr. Windham, and was a sufficient
justification for the observations he made, that his
friends wanted to take his property away from him.
Was it to be wondered at that, after the treatment
Mr. Windham had received from his tutor, he
should be desirous of giving ti:rn the slip, and joined
his regiment at Yarmouth, and did his duty for a
whole month as a lieutenant in the militia regi-
ment. He had during the whole of that time had
the use of firearms, he had been seen by his brother
officers, and yet no one had been called to prove that
he had not aeted in a rational manner. Mr. Hor-
rocks himself did not say when he had acted in an
irrational manner. Ho had written letters to his
mother, all couched in a most natural manner. The
learned counsel then read the following letters from
Mr. Windham to his mother :
" St. Leonards, Sat., 25th, 59.
" Dear Mama,—l have had a hard battle, but I stood
my ground against going abroad, in spite of Ld.
threats, which he sent to me through Horreeks, saying,
that if I did not go abroad I should not be allowed to go
to Felbrigg in the Autumn; Litt I was more determined
than ever not to go when I received these messages from
Horrocks. -I told him simply, I might perhaps have
yielded and gone ; but now, since I have been threatened
and intimidated, I will not leave England in spite of any
threats. This morning, at Folkstono, ho went with a
Friend of his, who was going to London, to the 'ticket
Office, and asked me to come to the Station. Well, I
walked down, and I saw him go to take two tickets, so I
said, Where is the lugage, and where are we going.'
He said, ' Its on board ; here is your ticket for Boulogne.'
I said, simply, ' the Lugago may go without me, and
so may you. I shall not touch that ticket, or get my boot
on the boat.' He then commenced blackguarding me
before all the porters and people, called me a lunatic, and
said I was mad and in.ane, and never should come to the
property, &c., and said to his friends, Oh, ho has had a
letter from his dear Mother,' with a sneer.—l must now
say adieu, and with love to Emily and Constance,
" believe me Yrs Affect.,
" W. F. WINDIIAM.
"Direct Victoria Hotel, St, Leonards on sea."
"April 15th, Sunday.
"Dear Mama,—Horrocks watched me so close, and be-
sides having no money, I could not get away last Sunday.
He goes up to-morrow to London, to sec my uncles Hook
and Alfred about what is to be done, so look out. 1 write in
haste, Send me my clothes down here; that is, my blue
uniform and my white coat, which I left, and my white
waistcoats; also try and get me 2 weeks' holyday to spend
with you while they aro settling. Como down and spend
them in the Isle of Wight, and then the V.C. will grant it,
more likely so than for me to conic to Brompton now. Do as
requested. Love to Johnstone, and b,lieve me
"Ever yrs Affec. Son,
" W. F. WilenirAm,"
" Sand ;ate, March 29th.
" Dear Mama,-1 got your letter and telegraph. I have
written to uncle Hook, and shall also write to Sir. W. Wood
and tell him I wish to join. I want my tailor to make me a
pair of trowser; (military) for every day; he knows, if you
tell him what sort. Try and see uncle Hook, and get me
£2OO a-year. Now I must have a yearly allowance, and
directly, as I must join with money like the others; it ought
to be paid to Cox and Co., the regimental agents. See to
this at once. I think we shall go to the Isle of White, soon.
I shall write a letter to Sir W. Wood, whom go and see,
and tell him from rue I wish to join; and also that my Col.
thinks I ought to look sharp. Go and do it, or better go
with uncle Hook, as he always sticks up for me and mine.
" Good bye; e v. yr. affect. Son,
"WILLIAM.'
" Saturday Morning, Sandgate.
"Dear Mama,—l told you that we moved here, and
the reason in lay last letter. Well, the adj. has written
to the Horse Guards to get me leave, at least eo he wrote to
Horrocks Now, I want that stopp.d, You asked mo in

my last letter how I was off for money ? Not very well,
considering that I only have 28 shillings a-week, and here
' that soon goes, if any of the officers ask me to go with them
anywhere, and it is no good to ask Horrocks, as ho says
you only spend it and throw it away, A donation of £5
note would be exceedingly acceptable on Monday next
morning if I could get it, but I don't like to borrow, for
there is so much row, and one really is treated so like a dog
now, one cannot get even £lOO a-year, nor yet enough to
amuse himself with, and it looks so foolish for me not to be
able to have any money, and people all seemed to think so.
I must now say adieu, trusting on Monday morning to hear
from you, and perhaps to get a little donation in the shape
of a £5 note, which will be acceptable.
" Good bye, dear Mama, and believe me
"Your affect. son,
"WILLIAM."
" Sandgate, March 22nd.
"My dear Mama,—The reason wo left St, Lefmards is
rather good—you will be much amused—how some of our
friends find it rather hot for themselves. I found some of
Torquay acquaintances there with whom I used to amuse
myself, and I found that Horrocks had known them abroad.
Well, I got to like the place, and enjoyed myself; he found
a lot of people he know, but I only knave these people. Well,
wo went to their house, and they and I got on very well to-
gether; one of them, which I liked best, was a Roman Catho-
lic. Well, I found out that they also knew a little about
Horrocks, and the moment ho saw how matters stood, that
I was generally with them, ho took into his head to leave, and
almost insulted the ynung lady he knew of the party, though
she shut him up very quickly.
"Direct, Post -Office, Sandgate Kent, to me. I enclose
you a Note for Sir E. Lacon, which pray forward at once
to him,and explain all which I told you to write as well to
him. Good bye, dear Mama, and believe me,
" Ev. yr. affecto. Son, "WILLIE."
" Pavilion, Folkestone, Monday Morning.
"Dearest Mama,—Horrocks has written to Alfred, stat-
ing that we shall be here some days, and that he hopes to
be across the water some fine morning ; he is very much
mistaken though as regards that. He has been writing to
Lord Belhaven and others saying that you have tried to
ruin him for life, you must trying and settle with Lord
Clarendon at once, and loose no time when you see him on
Wednesday in getting him to do the thing at once. Hor-
rocks says that he never will go back to Felbrigg, but he
says ho should be very soon dead if he was to go, so we must
manage to get the appeal so worded that I can come and
live with you altogether. I hope Lord Clarendon will suc-
ceed, because I want to have a London season. If any let-
ter comes for me from Norwich or anywhere forward it to
me here at the Pavilion, Folkestone. I must now say good
bye,with love to Mama, Theodore, Emily, and Constance.
Believe Ever yr affect, son, "W. F. WINDHAM."
"No. 12, Grand Parade, Hastings, Tuesday, 28th.
" Dear Mama,—Alfred is really two bad. He has
written again to Horrocks telling him to tell me that I
shall not now be allowed to go to Felbrigg, as I have not
gone Abroad, but that I shall be sent to some strict tutors
to read till I am of age, in some remote part of England.
Ho seems to think he is above Sir W. Wood and every-
body else concerned. Now, I think very probably that
we shall have a war with Spain or some other country
soon, by what the papers seem to say. Now what I want
is to get our regiment enamar.4, find then Alfred canna
with them
marudd allowing
and
ea
somegood othersround
.hielp,
otp.i.b.eion.yg:
Now
if Lo
were to try I think it may be managed that we should be
Clarendon
embodied, and stationed in some jolly place like Shorn-
cliffe or Plymouth. I think you might ask him, or else 1
shall,try and get into the Life Guards or some other regi-
ment, as the money is reduced now for commissions. If
I go on with this life I shall go melancholy mad. I cannot
bear it, Do look sharp and do something. Good Bye, love
to Johnson,
"And believe ev yr. affect. Son,
" W. F. 'WINDHAM."
" Sunday, 22, Vie, Hotel.
"Dear Mama,—l am very happy and contented, praised
by the Adjutant, and told I march and hold myself and
learn my drill quick and well. I marched to church this
morning at the head of my company. If they attempt to
touch mo go to Cambridge at once, that will stop all non-
1 tive nse Come down to see me when the weather gets
Narmr. We are ordered to hold ourselves in readiness
forbeing embodied, perhaps.
Goodbye, dear Mama, please send mo a little donation,
as I have nothing, and believe me,
"Yr affect Son, "W. F. WINDHAM."
He would ask the jury, if they had not heard those
letters they could have formed such an opinion of I
the evidence of the tutor, for he believed no young
man could write more rational and affectionate
letters, and they were in themselves of a business
like character, and excellent in their spelling and
composition. Mr. Horrocks and General Windham
were most desirous that Mr. Windham should
travel abroad, but on an appeal to the Vice-Chan-
cellor Wood he was opposed to them, for he only
ordered Mr. Horrocks to travel abroad with Mr.
Windham, if ho did not object tee it. Then he re-
ferred to the singing of Mr. Windham, and his
imitation of the "haughty ruffian,' in the bur-
lesque of "Fra Thavolo, ' at Edinburgh, and sing-
ing Ethiopian melodies. It was admitted that Iris
powers of imitation were very great, although it
did not please the quiet habits of Mrs. England,
the lodging-housekeeper, and it excited no surprse
that she was anxious to get rid of them. The
learned counsel then referred to the affair at
Aylsham, when Mr. Horrocks made an imperative
order that Mr. Windham should go at once to Lon-
don, and on his requesting to know the cause, Mr.
Peatfield replied, " Oh, you know very well." Mr.
Windham had no wish to come to London, and
made the remark, "Mr. Peatfield, you are a sneak."
He wished to drag Mr. Windham to London against
his will, which led to his making the remark ; and
although it was some time since he (Sir H. Cairns)
was at school, yet he had still some of his boyish
blood in his veins, and if he had been treated in the
way Mr. Windham had, if, he had not called Mr.
Peatfield " a sneak" he felt sure that he should
have thought so. As to his manner in church he
_ _

was very punctual in his attendance, and that led
1 to the remark on one occasion that the clergyman
had commenced before his time, showing clearly
that he knew what he was about; and even Mr.
Peatfield had said that Mr. Windham had plenty
of brains if he would but use them properly. Thus
Mr. Peatfield became a witness in Mr. Windham's
favour; and he further said that he would be sure
to get a commission in the Guards through General
Windham if he would only apply his attention tElk
his studies. The jury would remember the solemn
way in which Mr. Chambers introduced Dr. Nichols,
whose evidence differed so materially from his affi-
davit as to the ago of the boy. In his affidavit he
said the boy was only three years of age when he
saw him, and gave his opinion that he would be-
come insane; but in his evidence he said he was
five years old, and as to the boy becoming a lunatic
in that he had at any rate been a false prophet.
In the will of the late Mr. Windham, he be-
queathed his estate to his son, leaving General
Windham his guardian ; and amongst other things
in the will, he expressed a hope that General Wind-
ham would never allow his affairs to go into the
Court of Chancery. how he had fulfilled that part
of the bequest of his brother they had seen. Dr.
Nichols had spoken of the conduct of Mr. Wind-
ham at the bill at Norwich, and said that his de-
meanour had attracted attention, and he said that
he saw Mr. Windham running about the ball room.
He asked him if he had lost his partner, and he
made a reply, " I am off—l am off;" but whether
he was off to look after his partner, or off from the
ball altogether, he did not venture to say, and
therefore it was left to the jury to draw their own
conclusions. Then he came to the evidence of Dr.
Dalrymple, who gave strong opinions that Mr.
Windham was of unsound mind. lie said that Lady
Sophia had written to him to see that a horse was
to be provided for her son and that he rode it ; that
the horse came home without him, and that the
saddle and bridle were nut found until some days
after. Now this was made a great deal of by Dr.
Dalrymple, but the next witness who was called
fully explained the whole matter. It seemed that
there was a crowd at General Windham's ovation,
and as guns were being fired the horse broke away,
and found his way home in the way which had been
described. It was said that he was very noisy at a
dinner which was given at St. Andrew's Hall, Nor-
wich, on the occasion of Gen. Windham's ovation ;
but it should be remembered that this dinner was
given in honour of his uncle, of whom he was very
proud, and therefore his conduct was by no means
extraordinary. Then Dr. Dalrymple spoke of see-
ing Mr. Windham in low company, with his arms
round a porter's neck near the Duke's-bridge, and
some few other trifling acts ; but in his affidavits
to the Lords Justices ho stated that he was so
utterly unconscious of what he was doing that if
he committed a homicidal act, or shot a keeper as
he would a dog, and if he were to be tried for it,
that insanity might be successfully pleaded as an
excuse, and therefore with such an affidavit before
them the Lords Justices had no alternative but to
order the issuing of this commission. But the jury
would remember that although Dr. Dalrymple was
pressed upon this point in his evidence he proved
nothing of the kind. Then there was a Mr. Johnson
called, but he proved nothing. Following him was a
Mr. Scott, who gave his evidence in a very metaphy-
sical way. He said that Mr. Windham's mind had
no memory to act upon conviction. He said lie
told him that as his income would be only £l,lOO
or £1,200 a-year, it would be impossible for him to
occupy Felbrigg Hall, and that he ought to live in
a wing of it, but that Mr. Windham, while agree-
ing with him, did not act upon conviction. Why,
the time was not come for him to act upon convic-
tion, for he was then under age, and his affairs
were then in the hands of his guardians. Mr. Scott
further said that Mr. Windham's instinctive im-
pulses were not under the control of intelligent rea-
soning, and he gave as an instance of it his driving
a dog cart and crying out "Make way for her Ma-
jesty's mail," and getting into a row with some of
the men belonging to Wombwell's show, when he
got a black eye. It was also said that the mail
cart driver came up and said, "I will defend my
friend, Mr. Windham," and that a fight ensued,
just as if there was anything remarkable in that,
and as if any other man who saw his friend insulted
would not have done the same. Then a good deal
was said about Mr. Windham's conduct at Spa,and
Mrs. Wilkinson said he was often in her drawing
room, and that she treated him like a child. She
also said he misbehaved himself at the table el'hote,
and laughed so loud that the keeper of the hotel
came to her and spoke about it in French, which she
interpreted to Mr. Windham, and this was a second
reason why she considered him as a child. She

had also told them a story about his having danced
with a young lady to whom she had introduced him
at a ball, and that because she did not dance fast
enough to please him, he threatened to box her
ears ; but young persons often had jokes with each
other, and therefore he did not think that this was
a circumstance which required much attention. Be-
fore he parted with Mrs. Wilkinson, whose man-
ners were somewhat fascinating, he could not but ex-
press his surprise that she was in the habit of
having in her drawing-room and sitting-room,
morning and night, a young man whom she de-
scribed as dirty and of very disgusting habits, and
he had some curiosity about it, and should have
asked her a few questions upon it, had she
been recalled. He would now come to the
course taken by the guardians, and should like to
know how they could justify the taking away Mr.
Windham from the country, in a place where he
could do no harm, and launching him into a position
like that lie was put in in Duke-street, where the
keeper of the house was a retired valet, who one
day waited at table, another day sat down to table ;
one day received a glass of champagne for waiting,
and next day paying for a bottle of champagne for
himself. When Mr. Windham went to lodge at
Mr. Llewellyn's he made an arrangement as to
the rooms he was to occupy—that he wanted a room
for Mr. Peatfield, what lie should have, and a further
agreement that lie should have a bottle of wine,
when he required it, at wholesale price. Now no-
thing could be more rational or intelligible than the
conduct of such a man ; he had a latch-key, and was
intrusted with all privileges, the same as any other
man. The evidence of Mr. Llewellyn went to prove
that he acted as a rational man • and although he
said he could not remember whether Mr. Windham
was sworn when he appeared at the Westminster
County Court, when summoned there by his groom,
he said he so successfully disputed the charge that
it was reduced by the Court to one-half. Then as
to Mr. Windham's knowledge of the value of his
property ; he said when he came into the possession
of it he intended to construct a railway from Cromer
to Felbrigge, that he intended to become a magis-
trate, that he hoped to be a member of Parliament,
and that he intended to decorate the church. Now,
he would ask, was there anything irrational in any
of those propositions ? As to the marriage, Mr.
Llewellyn knew that it was about to take place, but
although Dr. Babington, the medical man of the
family, came to the house, he never mentioned a
word of it to him, on the hypocritical pretence
that he did not wish to expose Mr. Windham.
As to the rubbish about the bath-room, it was
admitted that Mr. Windham's clothes were
taken into the office, arid, on the bell not being
answered, nothing could be more natural than
that he should open the door and go towards
the office, without the slightest idea of finding
any one there ; and, consequently, there was
no wilful exposure at all committed by
Mr. Windham. Mr. Llewellyn, in order to cover his
contradictions, had made a sweeping assertion,
that if he should say he had seen Mr. Windham
naked, or only partially dressed, a hundred times,
he should not be going beyond the mark ; but the
fact was that Mr. Windham was not a hundred
days in the house, and certainly did not have a
hundred baths. Had there been those frequent in-
stances of his being seen naked, there would of
course be plenty of witnesses brought forward to
speak to such facts, and therefore Mr. Llewellyn's
evidence on this point was grossly incredible and
contradictory. As to the alleged indecency of Mr.
Windham to Mrs. Llewellyn, she stated that it had
occurred once or twice after the first time; and when
she said that, he was lost in amazement how a vir-
tuous woman could ever put herself in a situation to
witness it a second time. He said he had no hesita-
tion in saying that it was a positive falsehood, and
the person who invented the falsehood of it having
taken place once or twice could be guilty of invent-
ing the falsehood that it had ever taken place at all.
The Court adjourned at a quarter to five o'clock
until to-morrow, when Sir H. Cairns will resume
his address to the jury on behalf of Mr. Windham.
Mr. Windham was in court the greater part of
the day.