The Sun.
London, England, 1862-01-04 00:00:00

THE WINDHAM CASE.

The proceedings in this case were resumed yes-
terday morning, in the Court of Exchequer, West-
ininster,before S. Warren, Esq., the Masterin Lu-
nacy, and a special jury.
Mr. M. Chambers, Q.C., Mr. Field, and Mr. H.
Williams appeared for the petitioners ; Sir H.
Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward
for the alleged lunatic ; Mr. Coleridge, Q.C., for
Mrs. lVindham ; and Mr. C. Russell for Lady So-
Pb:ast Giubelei, the mother of the alleged lunatic.
The court was again greatly crowded.
- Sir H. Cairns resumed his address. He said he
took the liberty yesterday of reading some letters
which were written by Mr. Windham in 1860 on a
certain matter, but since then he had obtained a
few more by accident from Mr. Windham's mother,
-who was now lying on a bed of sickness, and, he was
afraid, of death. The learned counsel then read the
following letters, one of them being to tell his mother
that he had kept faith to the promise he had given
to her, that he would not go on the ice, although
that was the only amusement he could then take :
" Eton, Sunday.
"My dear Mama,—l am very glad to hear you have
written. I thought you would have done so before now,
though I do not wish to break my promise ; yet it is very
hard to find anything to do, in fact there is nothing now,
and 'he ice is so thick. Now, Mr. Younge took some Boys
to skate the other day for , and would have taken
tne, only the promise prevented him. But still I don't
wish to break my promise ; only, as I say, there is nothing
else to do. My Cold is better, and so is my Eye. Have you
got Don down there with you yet, or not. Will you write
and answer me soon; there is very nearly a Fair on the
Thames; there are quantities of people everywhere; you
can skate from Kingston to London on the Thames ; so hard
is the frost that I have my sponge and water frozen this
morning in my room, though I had a fire. Five weeks
more and I shall be at Torquay, I hope well and sound.
Mr. Younge will write to-morrow, or the next day, as I am
writing to you to-night. I have been vacinated, but it did
not take. My cold is better. Good bye, Dear Mama. I
must finish now.

" Believe me, your affectionate Son,
" W. F. WINDHAM.
" Eton, Sunday, 18th. (OW
It was a dream in his (Sir H. Cairns) mind that he
heard his learned friend (Mr. Chambers) say in his
opening address that Mr. Windham while a boy
displayed the instincts of a lower animal ; but he
really thought he had heard such words. Here
was another letter, which, he thought, would be a
sufficient answer to such a gross and wilful mis-
statement, and formed a striking contrast to the
remarks which were made by Mr. M. Chambers in
his opening address, in which he said that Mr.
Windham had not the slightest idea of the value of
money, and to entrust him with the disposal of it
would amount to nothing but a positive act of folly.
"Rimpton, Friday, 23.
My dear Mama,—l am very sorry for not having
'written before, but I have so much to do that I have
hardly any time for doing anything. May Mr. Hawtry
advance me some money, about £3, of my next allowance,
as I paid several bills myself, and so I have none left; will
you write and let me know soon, please ? I wrote to ask
you because I thought it was best to do so, as I did not
know whether you had told him to give any be,ides my
allowance. I should like a little present of £4, because it
is such a temptation to run into debt if one has no money to
pay, as well as to borrow of the other fellows, and as I want
things now and then ; besides there is my drawing lesson,
which cost Gd. every time, as I must put up at the hotel,
and so it becomes rather expensive I can assure you ; because
it is only a guinea and a half if I go there to the man, as it
is a public class, bat there is only one other person besides
myself yet, but if he come here he would charge a great
deal more. Dutchman comes very useful for me to ride on
tvery Wednesday to Sherborne, for my lesson ; in fact I do
not know what I should do without him, as it is a good five
miles from here. I have made my money last as long as
ever I could, and spent my last two shillings to get a ticket
for the Lecture, which we all went to the other evening.
Thackeray was the man—the celebrated man—who went to
America ; ono heard a great deal about him in the papers,
so if you will write soon and give me leave to ask Mr.

llawiry for £4, or half of it, and I will be very much obliged.
I should like to have had the little present of money which
you were unable to give me; I wish you could do it, because
I am sure I do not ask without reason ; that is I like to have
money in my pocket. I keep out of debt.
"Good bye, dear Mama, trusting you are well, and also
that you will let me have what I ask for,
"believe me yr. affect. Son, GLEEKS."
" P.S. When will you come to Itimpton. Gloria deo in
excelsiB.
" I'.S. I think I shall be home about the 30th or 31st of
March.
" try and learn Euclid, so as to be able to do it with me
during my Easter Holydays."
The learned counsel then read the following
letter :

" Eton, Sunday.
" My Dear Mama,—Saturday the 31st is the day, at 4
o'clock, if all goes right. I shall see Odee Tam. I want
to give two leaving books, if I may, of a guinea each. Will
you give me leave ? Mr. Younge will give me an Order.
Will you write me an answer, please, as soon as possible,
Because I have chosen them ? Mr, Younge is making me
get up my collections. May I rile lion up to the House ?
Wont he jump when I sees the Train come in. I wish you
would let me have one of the retrievers up. I want to make
them accustomed to me. I should like Duchess. I think
the rea on Goldford would not give me leave was because
he thought, so many others would ask for it also. I dont
think they would, because they would not know any thing
about it.

" Mr. Younge hopes you have received his Letter. Good
bye, Dear Mama. I hope I shall see you better when I come
on Saturday,—Believe me, evr yr affecte Son,
"Eton, Sunday 25th. " W. F. WINDHAM.
" Please answer me immediately about the Books."
" Tuesday, Dec. 2.
" My dear Uncle A lfred,—Excuse my writing and trou-
bling you again for advice, but I have received a letter from
my Uncle Charles, who wants an answer, and I want your
advice, because be now says he does not want to send Jeffy
away, but to let her live there without any pay, and to give
Nary Turner a place under her, and when I receive your
answer, one from Marna will do, I shall write to Uncle
Charles. Now, the Ist question is, will Jcffy stay at Fel-
brigg without wages or not, and if she will, what place can
we give Mary Turner under her who has only been a
Lady's Maid. The only plan I can think of is that Woods
should leave Mama, because she has not lived in the Family
pxcept with Mama, and let Mary Turner come and live with
Mama as her Maid. Give my best love to Grandpapa and
tuna. I enclose the letter of my Uncle Charles to me for
you to look at, and when I get your answer shall write to
him about it.

Gcod bye, dear Uncle Alfred. Trusting this will trouble
you much, believe me

" Yr Affect Nephew,
" W. F. Wimmum."
He would have laid those letters yesterday before
the jury, had they been in his possession, in the
proper order of dates ; but as they had since come
to his hands, he thought them of sufficient import-
ance to warrant him in reading them, although not
in proper order. lie would now resume his address,
and before he parted with the evidence of the
Llewellyns, he wished to point out the discrepancies
w'aich were to be found in their evidence, although
Ito doubt the story to be told had been previously
concocted betweem them as to what they were to
say that should the best tell against Mr. Windham.
One of the discrepancies was, Mrs. Llewellyn said
she swore her affidavit when alone, while Mr.
Llewellyn said they swore them together. There
were otter discrepancies on minor points, which,
although unimportant in themselves, went a good
way to test the accuracy of their statements. There
was no doubt that they were anxious to assist the
case of the petitioners, and it was suggested that
they should take the opinion of Dr. Winslow, who
also, in turn, recommended that they should also
consult others who had peculiar notions on the un-
soundness of the mind. Bat their over anxiety to
support the cause which they espoused was fatal to
the object intended, for a person who really did not
know the difference between truth and falsehood
was just as likely to speak the truth as to say that
which was false, so that, in that case, what became
of their theory that he never on any occasion spoke
the truth. This assertion, he undertook to say,
was nothing but a deliberate falsehood, and there
was not the slightest shadow of truth in it. Then
Mr. Llewellyn said that he was in the habit
of supplying Mr. Windham with a single
bottle of wine at wholesale price, although it
it might be a question between him and the autho-
rities at Somerset House, with which they had
then nothing to do. Then, in his affidavit to the
Lords Justices, Mr. Llewellyn said he was in the
habit of putting Mr. Windham into the bath just
as if he was a child, whereas, in his evidence, he
made no such statement, but that he merely stood
at the bath door, and gave him towels, and his
clothes when he required them. Then he said Mr.
Windham had been under a delusion that he had
lost something which he had not absolutely lost.
That was the statement of Mr. Llewellyn in his
affidavits to the Lords Justices ; but what was his
evidence in the Court ? Why, not that he was
under any delusion as to his loss, but that he rarely
went out without losing some article of jewellery,
and amongst the artieles he lost one which belonged
to Mr. Llewellyn himself.• Then what became- of
the statements he had made to the Lords Justices,
that he was under a delusion that he had lost
something which he had not absolutely lost. Then
Mr. Llewellyn said that they were obliged to put
Mr. Windham into a back room, so that he should
not by his noise disturb the persons who were in
the other part of the house. Why the fact was,
that there was not a bedroom in the front of the
house, and during the whole time he was there Mr.
Windham changed his room but cnce, and that was
by a previous arrangement. Mrs. Llewellyn, seeing
the effect of this evidence, endeavoured to explain
it by saying that they put him into the back dining
room. A statement hadibeen made that Mr. Wind-
ham had often ordered dinner for a number of per-
sons and that no person came. Mrs. Llewellyn said
that they made a certain charge for these dinners,
and they made use of the provisions in the house,
whereas Mr. Llewellyn said that no charge was
made for it, and there was no trace of any charge
being made for it in the book which had been pro-
duced, which showed the greatest contradiction in
their evidence, which was not to be relied on, and
was utterly unworthy of belief. The brother and
sister of Mrs. Llewellyn would be called, and
if the evidence they should give should prove to
be untrue, neither side was to be held responsible
for it, as they had not been sought, but volun-
teered the evidence they would give, and whether

it was true or not, it formed no part of Mr. Wind-
ham's case. He found that Colonel Broughton had
often dined with Mr. Windham, and had gone in a
cab on a pilgrimage with Mrs. Llewellyn to seek
for evidence of a peculiar nature, but Colonel
Broughton having been so engaged, it was strange
that he did not come into court and tell them a
little more of what he knew. He (Sir H. Cairns)
could not account for it, unless, like General Wind-
ham, he considered "discretion the better part of
valour," and deemed an appearance in the witness-
box a place quite as dangerous as other places which
were more exposed. The learned counsel then re-
ferred to the evidence of Mr. Atkin, the bootmaker,
of the Opera Colonade, in which he said that when
Mr. Windham ordered a pair of boots he ordered
two pairs of trees, and on that account he presumed
*at such was to be a continuous order, and that for
every pair of boots he was to make two pairs of
boot-trees, and as he made twenty pairs of boots for
him, that, had he acted according to his order, he
should have made him forty pairs of boot-trees.
Now, he said that the words used by Mr. Windham
would bear no such interpretation as to lead him to
suppose that for every pair of boots he made him he
was to make him two pairs of trees. When Mr.
Windham ordered his first pair of boots he ordered
two pairs of boot-trees, as he wished to have them
treed properly; but as to sending two pairs of trees
with every pair of boots was a thing which could
only have existed in the mind of Mr. Atkin. In
his affidavit to the Lords Justices, he said that he
considered Mr. Windham to be a dangerous lunatic,
and not fit to be at large; while in his evidence in
the court he made this observation—" I wish it to
be distinctly understood that when Mr. Wind-
ham presented the pistol to me I only looked upon
it as a joke." Thus, he gave up all he had said
in his affidavit about Mr. Windham being a dan-
gerous lunatic ; and had he stated in his affidavit
what he had said in giving his evidence before that
Court, the Lords Justices would never have con-
sented to the issuing of this commission. In refer-
ence ;to the cutting of the timber on the Felbrigg
estate, Mr. Butcher, who had been called by the
petitioners, had given evidence that £2,800 worth
of oak timber could be cut on the estate with ad-
vantage, He then adverted to the evidence of Mr.
Hansel!, as to the visit of himself, Mr. Jackson, and
General Windham to Felbrigg Hall on the day
before Mr. Windham came of age, when a proposi-
tion was made to him that he should give up his in-
terest in Felbrigg Hall, living there at a nominal
rent until October, 1869, and have in lieu of it a
partition of the devised estates, and the rents ac-
cruing, instead of holding property which was then
unproductive. Nov, it could be very well expected
that Mr. Windham did not see the advantage of
this proposition; and they had the opinion of Mr.
Haneell that he firmly believed that Mr. Windham
did not understand the proposition. But Dr. Forbes
Winslow, in speaking to Mr. Windham on the sub-
ject, said he told him General Windham wanted
him to place his property in trust, paying a nomi-
nal rent for Felbrigg Hall until 1869, and then to
come into possession of the whole, but that he had
refused it because he believed that it was to benefit
General Windham and his family. Now, no lawyer
in England could have given a better description of
the proposal. Mr. Hansel! said that they could not
make him understand it, and could make nothinc,
of it. Upon this the acute London lawyer told the
others to quit the room, and " leave him to me," but
after being alone with him for a time in the library,
he came out and said he could make nothing of him.
Then as to the cutting down of the timber on the es-
tate Mr. Windham had clearly an object in his own
mind, which he afterwards carried out ; and the
opinion of Mr. Jackson as to the cutting down of
the timber was the weakest part of the ease, as he
did not see that it was for the purposcof increasing
his income, but to benefit Gen, Windham and his
family. Then Gem Windham said he was prepared
to make any sacrifice to preserve the property—
that being to obtain possession of Felbrigg Hall.
Had the proposition been acceded to and signed,
which conveyed Felbrigg Halt to General Wind-
ham,
ho would ask the jury, did they suppose for
a moment that they would ever have heard of these
proceedings ; and had they been instituted, would
they then not have had Gene.Windliern, instead of
skulking by the side of his counsel, rushing into
the witness-box, with others flocking after him, t 3
declare that they had walked and talked with Mr.
Windham, t at he was oue of the cleverest young
men, and that there was no foundation whatever for
the imputation that there was any unsoundness of
mind. (Applause in court, which was suppressed
by the Master.) Now, as to the marriage, when
Mr. Windham made the acquaintance with this
woman ; she was then in the keeping of a gentle-
man, having an income of £2,000 a-year. Mr.
Windham fell over head and ears in love with her,
and wished to marry her, but she appeared to have
no desire to comply with his request. It was a
matter of negotiation for some time, and the gentle-
man consented to give up any claim he might have
upon her, and she was tempted to fall in with Mr.
Windham's wishes by his offers of a settlement and
the advantages she would have as a married lady
to introduce her sisters into society. She consulted
Mr. May, who gave them both good advice, and re-
minded Mr. Windham that she was a woman of ex-
pensive habits and not likely to contribute to his
happiness. The lady at first desired a settlement of
£l,OOO a-year, but Mr. Windham declined, because
he could not afford it, and at last agreed, if she
took a smaller settlement at first, to secure to her
a larger annuity when he came into tho pos-
session of his other property. The terms were
agreed upon, and the marriage settlement was pre-
pared. No doubt such a marriage was to be re-
gretted, as it was distasteful to society ; but would
anybody venture to say that this amounted to an
indication of insanity, or was anything more than
an exhibition of bad taste. It was fixed by Mr.
Llewellyn that on the 28th of July he should tele-
graph to Mr. Windham to come up to town on the
subject of the marriage, and the guardians knew all
about it, and yet neither did General Windham, Mr.
Hook, or Mr. Chappell think it worth their while
to interfere and endeavour to prevent him from tak-
ing that step or to apply to the Court of Chancery,
of which Mr. Windham was then a ward. If they
had had any proper feelings they would not only
have done this, but they would have gone to Miss
Willoughby before she sacrificed the good position
she was then in, and cautioned her against contract-
ing a marriage with Mr. Windham, as he had not
capacity to enter into the marriage state; but they
did nothing of the kind. Why was it that they had
done nothing upon it P At this time the negotiations
were going on with General Windham in the lib-
rary as to the " little arrangement," but which could
not have been carried out if there had been enter-
tained the least notion of Mr. Windham's insanity.
Was it not evident, then, that such a notion never
entered the mind of General Windham and his
friends until he had been foiled in this " little ar-
rangement," by means of which he sought to get
the interest in Felbrigg transferred from Mr. Wind-
ham to himself. The learned counsel then referred
to the evidence of Mr. Illingworth, who had seen
Mr, Windham before he went to Scotland, when he
I told him he must take great care of himself and be
very quiet. He also told him that if he did not be-
lieve him he had better hear what Mr. Johnson,
another surgeon, had to say about him. He stated
that Miss Willoughby had called upon him ; and
although he (Sir H. Cairns) said to his learned
friend that he was at liberty to ask what passed be-
tween them, yet he had not asked a single question
about it. As to the state of health of Mr. Wind-
ham, he should prove by the evidence of Dr. Whit-
burn, who was present at the marriage, that he
examined him, and there was no impediment to
that marriage taking place. He now came to the
question of the jewellery obtained from Mr.
Emanuel, and in doing so he would divide that
into two parts. Was the first part of it an unusual
amount to be presented to a lady on her marriage
by the heir to a very large property, as there were
no family jewels ? Here they had the case of a
lady who had no particular desire to give up the
position she occupied, and therefore had to be
courted to consent to the marriage. As to those
given after marriage, they were given for the object
stated by Dr. Winslow and Dr, Mayo; and he
thought that there ought to have been sufficient
charity on the part of the members of his family to
allow that these jewels might have been fairly given
as a compensation for the injury he had committed
undesignedly, without being accused of insanity.
He had done an injury, and he wished to make an
atonement in the way in which he deemed would
be the most acceptable, which showed a good dis-
position to atone for the wrong he had done. Mr.
Dore, the salesman of Mr. Emanuel, said that he
wanted Mr. Windham to give bills for the jewel-
lery at six months, but Mr, Windham suggested
that they should be for twelve months, and some of
them were altered accordingly, showing consider-
able shrewdness and perception in business, and by
nohmimer
a ssahgarveiendgwith Mr. Chambers's description
of
animals. When Mr. Wtihnedhianmst i
camenet s o
of
tahgee ltohwe
re
er
was only £BOO left for him, and, being without
money, there were only three courses open to him to
increase his income. One course was to sell a part
of the estate; the second was to borrow money
on mortgage; and the third was to sell the timber
on the estate. Now, it was said that the effect of
the contract would be to strip te whole of the
timber from the estate; but the contract only
spe-
cified that Messrs. Fry and Lawrence
cut the timber which might be cut, and there
only
perfecrtnlaraen
not the most remote idea of cutting
cta}liae
ornamental
was
e.
timber, and Generalffindham was
are
it. i
aThse Then o .
a s to the
Butcher price oa ft tdh em r.Sandford , he 71
f:dawapu
questions uest,n
the average price of all the timber on the
estate,tot
I taking the good with the bad, And they eaid they i

had not made any calculation of it. Ho did not
complain of that, but it was quite evident if there
had been any unfairness in the terms of the con-
tract, there would have been numerous witnesses
to come forward and state it. The contract was
submitted to General Windham, he was perfectly
well aware of the terms of it, and yet he had taken
w referencewitness
st ob it, and
to b
be
he
examinedh a had not
upondared
it,to
neoome
as Messrs. Lawrence and Fry were willing, if the
stepsin into the
£l,OOO which they had advanced upon it were re-
turned to them, to give up the contract, and that
General Windham knew perfectly well. Then as to
Mr. Roberts being the purchaser of the timber in-
stead of Messrs. Lawrence and Fry, it had nothing
to do with the matter, except that he would of
course have the commission actually given to a gen-
tleman who recommended purchasers to the vendor.
After the marriage, when Mr. Buck was sent for to
Felbrigg, he said he attended to Mr. Windham,
but that a day afterwards he received a letter from
Mr. Windham stating that his wife wished him to
be attended by her own doctor, who was then in
the house. There was nothing singular that she
should desire her own medical attendant to see him
instead of an obscure Cromer practitioner. Having
alluded to the fracas at the Euston Hotel, and the
story of a man being knocked about, with his eye
hanging down his cheek, and the row between
Mr. Bury Hutchinson and Dr. Neal, and General
Windham being sent for to bail Mr. Neal out
of the police-court, he had no explanation to
offer about it, as Mr. Windham had nothing
to do with it. Having reviewed the evidence of
some of the policemen as to the statement of Mr.
Windham that his wife had run away from him,
and had taken property to the value of £30,000 with
her, but the same witness admitted that he had, in
his affidavit, stated that he said £13,000, and there-
fore that showed his evidence was not to be relied
on. As to the evidence of the railway guard that
Mr. Windham had requested him to lock Mr.
Roberts and his wife in the railway carriage whilst
travelling in a night train, that suggested that it
was only done to prevent persons from going in and
making matters uncomfortable, and also that they
might not see the occupation he had taken upon
himself in assisting the engine-driver; and there
was no evidence at that time that Mr. Windham
knew that any intimacy had existed between his
wife and Mr. Roberts; and although they after-
wards had a quarrel, and Roberts, in a fit of anger,
told him he had slept with his wife before marriage,
Mr. Windham treated it as an idle boast, and never
regarded it in any other light. With respect to his
assuming the uniform of a railway guard, that was
adopted with no other motive than the passengers
might not be surprised by seeing a person in the
costume of a gentleman thus engaged. He now
came to the evidence of the medical men, Drs.
Winslow and Mayo, and characterised their mode of
testing Mr. Windham as something very near akin
fo the torture and rack of the Inquisition, and yet
not one of them—neither Dr. Mayo, Dr. Southey,
nor Dr. Winslow—hail ventured to say that from
the interviews alone he could be able to come
to the conclusion that Mr. Windham was of
unsound mind. When on the subject of his
wife having lived with other men before her
marriage, he said he was aware of it, but
he made this rational answer—" I do not see
why that should make any difference, as many
members of distinguished families have with impu-
nity done the same." Dr. Winslow had said there
was nothing unnatural in a man marrying a woman
who had been kept by another man, and as it was
said that Mr. Windham had married a woman who
had lived with her paramour up to the day of her
marriage, that this was a thing that showed un-
soundness of mind in Mr. Windhaw, now he (Sir
H. Cairns) should like to know from 1)r. Winslow
what period of time and what sort of quarantine
should take place between the discontinuance of
one event and the commencement of another. As to
Dr. Mayo, he was the champion of moral insanity,
having written a book on that theory, but it was a
theory which had been repudiated by the bench and
all the great lawyers of the country, and if they
once admitted the theory of morsi insanity there
would be an end of all our laws. Many of the advo-
cates of moral insanity in former times went so far
as to say that Howard, the great philanthropist,
was insane because he ill treated his son and also
his wife. In the case of Earl Ferran, who was tried
in the last century for the murder of his steward, it
was attempted to set up the theory of moral insa-
nity, but Sir C. Yorke, the then Attorney-General,
completely dissipated, in some eloquent observa-
tions, the idea of such a theory being entertained.
The same views were taken by Sir Herbert Jenner
Fast in the case of Freer and Eton, and reported in
Roberts's I cclesiastical Reports. The President of
the College of Physicians, in giving his evidence on
the unsoundness of mind of Mr. Windham, said he
formed his conclusions on what he had heard in the
course of the evidence and from his own personal
observations, but, on being pressed by Mr. Kars-
lake, if he might find in that evidence things which
bore upon Mr. Windham and some which were
against him, would it not be better to put them apart
from each other? but Dr. Mayo said he could not take
them that way—he must take them together. He
would, in the evidence which he should produce in
the course of the case, not overload it, or imitate his
learned friend ; but would bring for ward important
matters in which Mr. Windham had been engaged,
and the evidence of medical men of the highest
eminence. His learned friend said Mr. Windham
was an unfortunate man who was the subject of
such proceedings. He was an unfortunate man, to
be exposed to such proceedings on the part of his
family ; he was unfortunate, in being exposed for
so many days to public gaze; he was an unfortu-
nate, in the expense of this inquiry, which he
would have to incur. The learned gentleman, in
conclusion, said—l have now nearly brought my
address to a close ; but I must ask you, ere I con-
clude, whether you have ever thought of the ex-
pense of these proceedings, instituted against Mr.
Windham, by those who professed to be his friends,
and especially by the one who has boasted of his
readiness to make any sacrifice on his behalf ? Sup
posing you come to the conclusion that this young
man is, after all, of sound mind, what compensation
can be made to him, not merely for the expense
which has been brought about by these " kind
friends" of his, but for the pecuniary loss whieh he
will have incurred from these proceedings ? My
learned friend spoke of my client as an unfortunate
young man, and he is indeed unfortunate. Faster
youths in excess, in riot, and in debauchery, have
purchased, by the expenditure of health and for-
tune, a conviction of their folly, and have settled
down into active and useful, if not brilliant,
members of society. Other men had had youth-
ful vices and immoralities, over which the kindly
hands of friends and relations have tenderly and
gently drawn the veil of concealment and oblivion ;
hut Mr. Windham has been received on his en-
trance into public life by a panoramic display,
unfolded by his relatives to the public gaze, not of
the general events of his career, but of such isolated
acts as ingenuity-or verversion could twist into the
appearance of all that was hideous and obscene.
And what is the object of all this—what is the rea-
son for it ? Simply because the young man is heir
to a eonsiderable property, and an illustrious name
—who from his boyhood has always been treated
by all about him as capable of clearly understand-
ing all that was said to him—with whom his rola •
fives had bargained and negotiated on a footing of
complete equality—who had been allowed by them
to go out into the world, to enter into contracts,
and amongst them the most momentous contract of
life—but whom they now seek to get adjudged
incapable of taking care of himself or his property,
because they themselves desire to be authorised t..)
administer his estate. In one of the books he used to
read at Eton there is a story of an ancient tyrant,
who, for his own diversion, devised the novel tor-
ture of chaining a living man to a lifeless body,
leaving the living to die and both to rot together.
Mortua quip etiam jungebat corpora vivis.
Componens manibusque manus, atque oribus ora.
Tormenti genus! et sanie taboque fluentes
Complexu in misero, longa sic morte necabat."
That in truth was a melancholy death; but I own
that seems to me a heavier punishment, and a more
cruel, because more exquisite and more enduring
torture, which would consign a warm and living
soul, with all its sensibilities and affections, with all
its hopes and aspirations, with all its powers of en-
joying life and everything that makes life valuable,
to the icy and corpse-like grasp and embrace of legal
rapacity and lunatic restraint. But that is the tor-
ture which his relatives have prepared for him, and
of that torture they ask you, gentlemen, to be the
ministers and agents. But I appeal from them, and
I appeal to you. I appeal from those from whom I
car, expect no mercy, and I appeal to you from whom
I can confidently expect justice. I implore of you to
sweep away the cobwebs which theoryand prejudice,
which partisanship and ignorance, which interest
and falsehood, have woven around this case, and
to show by your verdict—as has often been shown
before—that whatever gloss, whatever covering,
may be thrown around proceedings such as I have
endeavoured to expose, the highest and the most
grateful duty of an English jury is to detect deceit
and to defeat injustice. The learned counsel then
resumed his seat amidst suppressed applause, his
address having altogether occupied upwards of 11
hours.

The following witness was then called for Mr.
Windham :

Dr. T. H. Tuke, examined by Mr. Karslake—l
have been in practice about 16 years, and have had
numerous patients under my care. I saw Mr.
Windham on the 6th of November, and on other
occasions. I saw him, amounting in the whole, to
a period of 14 hours. I saw him on the sth, 6th,
and 11th of December, and several subsequent oc-
casions. I made notes of circumptogeo that 00.