The Sun.
London, England, 1862-01-18 00:00:00

THE CASE OF MR. W. F. W INDHAM.

The adjourned inquiry into the state of mind of
tr. W. F. Windham, of Fellbrigg-hall, Norfolk,
was resumed yesterday, in the Westminster Ses-
sions-house, before Mr. Warren, Q.C., one of the
Masters in Lunacy, and a special jury.
Mr. M. Chambers, Q.C., Mr. Field, and Mr.
Hume Williams appeared for the petitioners ; Mr.
Charles Russell for Lady Sophia Elizabeth
Giubilei, the mother of the alleged lunatic; Sir
Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr.
Milward for Mr. William Frederick Windham;
and Mr. Coleridge, Q.C., for Mrs. Windham.
At the sitting of the court,
Sir Hugh Cairns said he had to make an applica-
tion with reference to what he understood had fallen
from the Court in reference to the examination of
Mr. Windham in private. He had the most pro-
found respect for anything that fell from the noble
judge. He had no doubt the desire of the Court
and the jury was prompted by sincere sympathy
for Mr. Windham, but there were higher feelings
which actuated the advisers of Mr. Windham ; and
on his part he was most desirous that the state-
ments against him having been made public, his
examination should also take place in public. He
had to ask that that course be adopted, and he should
protest against any other course being adopted ;
and he did so upon two other grounds—first, on
the ground of expediency ; and secondly, on the
ground of jurisdiction. On the first ground ho con-
tended that it would be inexpedient to subject Mr.
Windham to a private examination ; and with re-
spect to the jurisdiction, he relied on the dictum of
Lord Eldon in the Portsmouth case, in which he
stated that the portion of the case he heard in pri-
vate was the act of the parties, and not the judge.
His court was an open one, and the proceedings
ought to be in public. He alsoinstanced the Divorce
Court, in which the Legislature refused to grant
the power to the Court to hear cases in private,
showing the Court had no power of itself. He,
therefore, on the part of Mr. Windham, protested
against the examination being in private ; and he
now begged to say, on behalf of Mr. Windham,
that he was ready to attend at whatever time and
place the Court might direct, but that the examina-
tion should be in public.
Mr. Field, on the part of the petitioners, was
willing to leave the matter in the hands of the
Court.

The Master said he must decline the application,
and adhere to his former opinion. He was of opinion,
if the examination took place in public, it would
defeat the object of the jury and himself, and he
considered it would be better for Mr. Windham.
He thought an examination in public would be
abortive, and he might say abnormal. The exami-
nation, if in private, would be attended by the
counsel on both sides, and a short-hand writer.
The matter then dropped.
Charles Martin, examined by Mr. Karslake—Was
in the service of the Windhams first in 1848, and
acted as bailiff, and resided in what is called the
Dairy. He managed the Home Farm, and continued
to do so under the trustees. He acted as bailiff
during the life of old Mr. Windham. He never
went over the farm with witness more than once in
six months. Old Mr. Windham used to treat his
son in a very strange manner. The Home Farm
was let in 1858, He recollected young Mr. Wind-
ham going to school at Blackheath, and his after-
wards going to Eton, and his coming back from
Eton to Felbrigge with a tutor. Mr. Windham
always treated him with great kindness. When at
Felbrigge witness and his wife used to go up-stairs
and play at whist with Mr. Windham and Mr.
Herrick, his tutor. Mr. Windham was a very good
whist player. Recollected in 1860 Mr. Windham
going over to Yarmouth ; he invited witness and his
wife there on the occasion of a review. There were
a number of officers present. Mr. Windham pre-
sented him and his wife with tickets for the theatre.
It was the officers' bespeak. Mr. Peatfield was
there ; ho recollected Mr. Windham and Mr.
Peatfield having some words before they went out
to travel. Mr. Peatfield called him a " slink,"
because he went over to Hailsham without him. Mr.
Windham came back with a black eye. Mr. Wind-
ham, after he packed up his things, refused to go
with Mr. Peatfield; but, on witness's advice, he
went. In July last Mr. Windham invited witness to
come to London. He did so, and resided in Duke-
street. He accompanied Mr. Windham and Mr.
Peatfield to Richmond, and they dined there. He
afterwards met him at Cremorne, and went with him
to the review at Wimbledon the same day. He had
also visited the Crystal Palace with Mr. 'Windham.
On the occasion of their being at Wimbledon at the
review, there was some disturbance with the police
about Mr. Windham getting on the gate. He (wit-
ness) did the same, for the purpose of seeing a
charge that was taking place. Mr. Windham after-
wards drove him to town. He used to dine with
Mr. Windham and Mr. Peatfield atthe Llewellyn's.
There was plenty of wine at dinner—champagne.
Recollected Mr. Windham speaking about the letters
that appeared in the 2iines about the " Pretty
Horsebreaker" and the Belgravian mother. Wit-
ness had also read the letters. Mr. Windham said
they were capital letters, and that ho would sooner
marry a pretty horsebreaker than a lady. He after-
wards returned to Felbrigge. Mr. Windham came
down occasionally. While there, a portrait came
down, it was that of Agnes Willoughby. Mr. Wind-
ham was anxious to hang it up in place of another
picture, but witness advised him net. He, however,
did hang the portrait up. Recollected Mr. Jackson
coming over in August to Felbrigge. Lady Sophia
was there at the time, but was ill. Mr. Jackson had
an interview with Mr. Windham, and he after-
wards told witness that Mr. Jackson had made a
proposition to him by which he should have abetter
income out of the devised estate. He asked my
opinion, and I told him he ought to well consider it
and pause before he did anything if he did riot un-
derstand it ; this was a few days before he came of
age. On the day he came of age, the tenants came
to Felbrigge, but they were not introduced to Lady
Sophia. On the day he came ofage, there was a re-
gatta at Cromer. He saw Mr. Windham there with
Lord and Lady Suffield and Mr. Rothschild. There
was shortly after a dinner party at, the hall. He
understood Mr. Rothschild was present. On one
occasion Mr.lVindham said be should marry Agnes
Willoughby, but witness did not believe he would
do so foolish an act, and advised him not to marry
her. Mr. Windham had gone to London, when
Gen. Windham sent for me and my wife, and asked
us to go and stop the marriage. They went to Lon-
don, and found Mr. Windham in bed. On seeing
them he said, " Halloa, what has brought you up