The Sun.
London, England, 1822-11-11 00:00:00

SATURDAY, Nov. 9.

Mr. BELT concluded his arguments.
Mr. PEPYS addressed his Lordship on the satne side. Nothing
could be purer than the soUrce of this petition. Mr. Skirrow, in
fact, gave it origin, who was well known to he a relation of the
Countess. It was in evidence, that Lord Portsmouth was so
attached to his tape and lancet, that he returned for them from
a house to which he had gone to dinner, so addicted was he to
that polution. Capy saw Lord and Lady Portsmouth in bed
asleep, and Mr. 'Alder with them awake. Sarah Laing saw
Mr. Alder asleep on her Ladyship's lap in the inn at Jetiburgh,
and Lord Portsmouth present. Lord Portsmouth, when driven
from his bed at night, applied to Capy for a blanket to cover
hituself with on a sofa, Lord Portsmouth called his lady Mrs.
Alder. When Dr. l3ankhead first addressed Lord Portsmouth,
his Lordship ordered him to be turned out of the park; but upon
the Doctor mentioning an acquaintance , of Ids, he said—
" Won't you stay and dine with me ?" He said then he
would never live' with his lady, for he had affidavits of her
guilt.
The Lord CHANCELLOR said be would never send him back
to live with Lady Portsmouth or Mr. Alder, because he had no,
right to do it. To do it by violence or force would be highly
criminal. Her way was to sue for a restitution of conjugal
rights.
:r11:. PEPYS continued.—Lady Portsmouth had said that she
would not wait the law's delay ; she would take a shorter way.
Mr. Hon-NE—No such thing.
Mr. PEPYS—Whoever had the care of him might do with
him what they pleased.
The Lord CHANCELLOR—It was his duty, representing his
Majesty, as parens paitiCr, to consider whether there were
trrounds for issuing a commission.; and if there were, whether
it was expedient to issue one.
- Mr. HART—I appear as Lord Portsmouth's counsel, but I
have nothing to address to your Lordship. The evidence is
before you. It is for your Lordship to protect Lord Portsmouth
in the way he wants : if he is insane, he wants a commision,—
if he is not, lie wants none.
Mr. HORNE rose to address his Lordship at half-past twelve.
He appeared for Lady Portsmouth, not in the character in
which she had been cruelly dragged before his • Lord-
ship—that • of a culprit, to answer those foul and those
most calumnious accusations and attacks which had been
made upon-her character and upon her honour, and upon
the legitimacy of, her child, under the mask of their being
necessary to prove the insanity of her husband; but he ap-
peared+ for her in the character which she had a right, if there
was justice in this country, to sustain in a court of law, and to
assert the character of the virtuous wife of the Earl of Ports-
mouth, and the virtuous mother of his child—to state for her
in that character such reasons as he could, why his Lordship
should not grant a commission in the nature of a writ de
lunatic° inquirendo against her husband, Lord Portsmouth.
If it had been possible that this proceeding, or any other in-
quiry which his Lordship could direct, could by any possibi-
lity, even upon the clearest proof of the innocence of this op-
pressed and unfortunate lady, enable his Lordship judicially
to pronounce the sentence of acquittal, which her honour, and.
.her character, and her innocence, entitled her to ; or to pro-
nounce the judicial sentence which would protect, not only her
character and her }amour, but the interests of her child,

as the legitimate offspring of her marriage, she would not
do what her Counsel had now advised her to do—viz. re-
frain altogether sflom making an affidavit; but she would,
by her own; and the affidavits of others, 'and by most
credible and undoubted testimony, be able to refute those
false and wicked charges made against her. `Still_, as she
knew that neither 'in the inquiry now pending, nor by
issuing the commission, nor by any 'other course of proceed-
ing, could his Lordship do her justice, even if her innocence
were to be proved, she had thought it right rather to rest con-
tent at present, under the aspersions thrown upon her, than to
enter the lists with the affidavits now made against her ; know-
ing she would only subject herself to further calumny, without
the possibility of his Lordship 'doing her justice. He (Mr.
Horne) therefore appeared for her only in the character of Lady
Portsmouth, to argue as well as he could, :not only upon the
evidence now before the Court, but upon the further evidence
which his Lordship's justice and known indulgence in matters
of this sort might enable her hereafter td produce, that this
commission ought not to issue. With respect to whom he was
council against ; he was not council against Lord Portsmouth ;
he was not instructed by Lady Portsmouth to be council agaisnt
her husband ; but he could not but express his surprise, that,
in a matter of such momentous consequence to the property of
the noble lord, and to every thing a man even in humble situ-
ation held to be most valuable, and infinitely more so to a per-
son in his exalted situation, his counsel, taking briefs from him,
and therefore to a certain extent acknowledging him a sane man,
shouldinot think it right to offer the slightest resistance to the issu-
ing of the commission, which would end in depriving him of his
personal liberty, of the management and control of his property,
of his rights as an individual, a private citizen, or a peer of the
realm, for the remainder of his life. He (Mr. Horne) was
Counsel against the; petitioners, the said petitioners, because the
case of the young gentleman who presented this petition could
not be separated from his father's, who presented the former
petition. These were the parties against whom, he was Coun-
sel ; but he should not follow the example set by the other sidF,
of using the language which them instructions used against his
clients. 'The petitioners were persons having the greatest; pos.:
sible interest in the question ; because, if this commission did
notissue, the great possessions of the family might descend to the
legitimate children of the Earl of Portsmouth, instead of them.
So that- .they had the strongest interest in interrupting the
.natural course of succession—taking it out of the lineal,
and carrying it to the collateral, line, viz., themdelves ; and,
therefore, if he could state condUct on the part of these
,per-
sons as to getting up evidence, which laid them open to strong
suspicion, he should not be accused of injustice, however
strongly, it_ might bear against them. With .kspect to the
law upon 'these subjects, he conceived the modern doctrine
to be, that a man must be non compos mentis, to be within his
Lordship's jurisdictions or of unsound mind. No weakness of
mind short of • that—no capriciousness or absurdities were es
ground of a commission ; and therefore he requested his Lord-
ship to pause, and in this case.more than in others, not only on
account of the dignity of the person, but the important conse-
quences resulting to hirn and the public, , but because this was
a second experiment. upon the same subject, and on grounds
not distinguishable in quality or. principle, arid :be hoped lie
would satisfy his Lordship. that it was ,the same in degree.
Without referring to the consistency of,his Lordship's decisions,
he would here only ask him to agree himself, though the phy-
sicians did not agree with themselves, on the ground that his
former decision was the best decision on the law, and the best
authority on the case. Mr. Wetherell bad contended that the
evidence proved the moral man did . not feel flagellations, and
was therefore extinguished. The former application was sup-
ported by evidence of flogging servants, and the brute creation,
too. Such acts were most disgraceful, but did not prove an un-
sound mind. But Mr. Wetherell argued that the intellectual
man was extinct, because the Earl submitted to- be whipped
again. He (Mr. Horne) differed.. It rather proved that the
intellectual man was improved—that he was sensible at the mo-
ment of his misconduct, and that he had the sense and discre-
- don to submit to the punishment which his intellect and his
understanding told him he so richly merited. He thought this
circumstance made the present case infinitely less aggravated
and more favourable. As to no money being trusted to him,
that also had formerly been stated, and most distinctly proved,
yet it was not thought a sufficient ground, nay, added to others
for a commission. A great deal of control, too, which was the
pavement of this case, had been proved in the former instance.
Mr. Combe had actually been engaged for years in taking care
of him, and it had been admitted that it was only by terror and
punishment. The late Countess had told Lord Portsmouth
that Mr. Combe was a bruiser, and had killed, or would kill a
man, in order to terrify. It had formerly been proved, too,
that a carter had returned blow for blow, and, beaten his Lord-
ship till he cried like a child. His tolling of bells, his talking
about funerals, his reading prayers, and on one occasion, after
having read the morning-service, saying, " Well, now stop,
though it is not evening, I think we may as well go through the
evening service;" these were stated in the former petition, yet
his Lordship did not think it right to grant the commission.
The LORD CHANCELLOR said the last instance of insanity
did not much affect his mind, as he had to undergo the same
infliction once-from a Gentleman whom Mr. Wetherell remem-
bered very well, not 40 miles from Oxford.
Mr. HoRNE.—The most eminent Counsel had been engaged
on the former occasion, and his Lordship began his decision by
saying that he had considered the case with the greatest care.
The Loan Crrasicimeons—There was no doubt that his
attention was called properly to that case. He had a general
recollection of it, and might trust his recollection, butlie did
not think it right in such an important case. He wished,
therefore, a copy of the petition and affidavits, anti the short-
hand writer's note of what lie had said on that subject to be
handed to him.
Mr. HORNE.—What then was the new case which supported
this petition ? He would not follow exactly the order of time
which the other side had pursued. In the month of February;
1822, a circumstance of great importance as applicable to the
petitioners took place, and proved that in their most deliberate
judgment Lord Portsmouth was not then insane. Of this be-
lief they gave the most solemn pledge which could' be given.
It was a deed executed in Edinburgh by Lord Portsmouth, and
referring certain questions and suits of great importance to Mr.
Skirrow, to whose honour lie (Mr. Home) bore testimony,
though he did not think be had exercised a right judg-
ment in this case. Mr. Newton Fellowes was a party'to this
deed. The effect of it was, to withdraw from the protection
of the Courts certain property, and to convey it to arbitration.
He would not insult any of the parties by supposing that they
thought him then insane. If 'they should say that circumstances
had since come to their knowledge, he had a right to charge
Upon them what they had means of knowing, and not what they
were pleased to say. So early as December, 1821, Mr. Newton
Fellowes had received information of the conduct of Lord
Portsmouth ; and therefore it was clear, that not only he, but
all the parties to the deed, were put upon their guard, and ac-
tually kneW the state of his mind. The letter, hich was
written by a Mrs. Evans, 'a virtuous lady of Edinburgh,
should be read; because, on comparing it with her affidavit,
his Lordship would see how the groSs and wicked calumnies
which he (51r. Home) believed originated with that Woman,
had grown, and the different shapes they had assumed. , This
letter, if it had been written by a person who meant to state
the truth, would have stated all the most material facts when
her recollection of them was fresh, and they would not have
been kept back till the time this woman made her affidavit.—
.The letter stated, that the family of Lord Portsmouth had re-
sided in the writer's house, and described his Lordship as hav-
ing been beaten and ill-used by Mr. Alder, which was the sea=
son of Mrs. Evans writing it. Was it credible, if ,the,woman
believed the direct charge of adultery, which she swore to in her
affidavit, that she should have kept totally silent respecting it,
and only stated circumstances of ill usage ? No person could
for a moment believe what she had sworn to. Her affidavit
was, that she kept a lodging-house in Edinburgh ; that in
November last, the family of Lord Portsmouth came to her
lodgings ; and observing him to ba a man of very odd appear-
anc,e,_who stared about strangely, and seemed to take hardly
any interest in what was doing, she asked Miss Miller, Lady
Portsmouth's maid, if all was right, and she said all was not
right; that afterwards Miss- Miller told the deponent his Lord-
ship was often beaten, and especially when Mr. Alder was pre-
sent, and they always shut the door when they had occasion to
beat his Lordship. The affidavit then went on to state, that Mr.
Alder's intimacy with Lady Portsmouth seemed to be of an im-
proper description ; and he appeared to be on an equal footing
of familiarity with her Ladyship's sister, and attracted the notice
of the neighbours by carrying one of them in his arms.—
Did this woman mean to be believed according to' the tenure
of her letter or not ? If she did, here was a distinct charge
made, for the first time in July, 1822, of the most shocking
conduct that could be imputed 'to man or woman—not of adul-
tery, aggravated at it was, but of an incestuous intercourse,
which must have taken place with the perfect privity, know-
ledge, and consent of the two sisters. Such a statement, if it
had come from the most respectable and credible person living,
could hardly be credited ; but having come from such a woman
as this, no one would be surprised this ntoble lady had been ad-
vised not to meet such an antagonist in a proceeding which was
carant non judice. No man living would have wished this lady
should commit her honour, her innocence, and her character, to
the chance of a contest on affidavits with such a woman.
-The LOUD CHANCELLOR said he would throw one obser-
vation' out, that the Learned Council and those with him might
consider it. This woman pledged herself to certain things
which had passed between her, Miss Miller, and Mr. Alder.—
Mr. Alder had made no affidavit, and Miss Miller did not con-
tradict her in any one thing.
Mr. HOItNE.—His Lordship would allow him to proceed by
steps. Ile could not well see his way through the inventions
and misrepresentations of this case; and he was sure his Lord-
ship did not see it. Where no defence could entitle his noble
client to protection: and would only lay her open to further

calumny, further wickedness, and further perjury, she was
properly advised to make no affidavit. He then proceeded with
the affidavit, which stated that the family, having gone out,
Lady Portsmouth attempted to retire to her bed-room, fol-
lowed by Mr. Alder ; but being interrupted, she pushed him
away, and afterwards walked out accompanied by Mr. Alder ;
that her conduct was such as to attract the notice, not only of
the neighbours, but of a fishwoman, wild called to some per-
sons to see Mr. Alder carrying Lady Portsmouth up the steps.
He (Mr. Horne) did not know the habits of Edinburgh—it
might ,be a most virtuous and most moral place ; there,
however delicate a female might .be--however she might
want assistance, no man was to presume to carry her up the
steps; that was to be evidence of adultery, improper fami-
liarity : instead of the circumstance being the strongest pos-
sible proof all was innocent, it was to amount to the ag-
gravated case of adultery and incest; that was the reason of
Edinburgh : he trusted no people in England or any where else
had such feelings. The affidavit then stated that Mrs. Evans
desired them to quit her house. Mrs. Evans described Miss
Miller as a person who was anxious to make a communication
to her, and was afraid she should be detected by Lonsdale the
footman. If she was really anxious, could any one believe she
would have confined her information to the beating ? Would she
not have communicated the rest? If this woman could draw
the inferenCea she did—if the fish-woman could draw such
inferences,.must not Miss Miller, the confidential maid, have
more much ore ? And if she was ready to communicate,
would she not communicate one of the first things every
babbling lady's maid told, if• there was the least truth in it?
They then left Mrs. Evan's house, and she had the curiosity
to see where they went, and ascertained they got into
M‘Gregor's house in St. Andrew's-square. If all these
circumstances took place, how happened it that the parties
to the deed were perfectly satisfied there was no founda-
tion for the charge ? If they were then satisfied there was
no foundation for it, why do they think it more credible
now ? The next evidence was ill'Gregor's : he said Lady
Portsmouth and Mr. Alder, whom he took for Lord Ports-
mouth, came to his house ; and having occasion to carry in tea,
&c. saw the person embracing and comforting the Lady. What
was meant by that ? If it meant any thing improper, it ought
to have been expressed in different terms : he ought to have
stated his testimony in language so explicit that the Judge
should at least understand it. He then stated that there were
two beds in the room, one complete, the other not; the person
he took for Lord Portsmouth was sitting on the incomplete
bed or sofa. What inference would any one draw from
that ? If he (Mr. Horne) had seen a Gentleman, very far
advanced in life, and a Lady, undoubtedly very unwell,-in
his arms, where there were two beds, the one complete
and the other incomplete, he would have drawn quite a dif-
ferent inference from what this man had done ; and that it
was rather evidence fn favour of innocence than guilt. About
seven o'clock in the evening, upon entering the room he found
both parties had retired into the incomplete bed. He could
not help making an observation here of the utter impro-
bability of this. If it was true, it amounted to nothing less
than an act of adultery. According to the man's confes-
sion, Mr. Alder and Lady Portsmouth had, not come as two
strangers, to take a lodging at which other parties were not
to. be introduced ; but --they took ft for themselves, Lord
Portsmouth, and the rest of the family, who were in a
short time to follow. No one could believe that Mr. Alder
meant to impose upon the-landlord its Lord Portsmouth, and,
after being detected in an indecent and improper situation,
to leave himself at his mercy. The next was the affidavit
of Mrs. Sutherland, who said, that on the 20th of November,
Lady Portsmouth came to look at her house, and was shown
up stairs, and seemed inclined to take the house. The de-
ponent asked for how long a time they were likely to want 'the
house.. Mr. Alder replied, looking at Lady Portsmouth and
the ''young lady who was with her_ in a significant sort of man-
ner, " perhaps nine months:" The deponent did not approve
of the appearance and conduct of the ladies, or the delicacy of
-Mr. Alder's insinuation. Surely that mind must be grossly and
wickedly polluted, which, from the circumstance of a look,
which, in all probability, was misconstrued, could draw an in-
ference against the character of the parties. When was it ever
said to amount to a crime, that in the presence 'of a mar-
ried woman, going for her health to. Edinburgh, in order that
she might be there for the purpose of being
.safely carried
throug h her
pregnancy, attended" by a most eminent man, he
should sayin her presence, in answer to, how long they meant
to stay ?' in all probability nine months; or, as the Attorney-
General more properly put it, 'eight or nine months ? Then
came the winks. This lady. seemed very much to understand
winks. If there was any thing imPortantin it, it was certainly
oni)t in the Mind of the person who put that construction. He
recollected in' a comedy a young "person who was called Ann
Lovely, who is drawn.as a,, very sprightly girl, and is in conver-
sation with an old lady, her guardian, a Puritan—
' The AvronsrEst-GENEnaa.—A Quaker.
Mr. H ou.srEs---There was not much difference, except that
the Quaker was a great deal bettor .than the other. The old
lady'reasons with her on her dress, arid \Speaking of her neck
being uncovered, at last, - with perfect lidivete, lets .out—
" You should dress as 1. do, for it is the only may of leaving
any thing to the imagination of the men." That -was ,cer-
tainly very much the character of Mrs. Sutherland. After they
left Mrs. Evans's house, she said they were -refused admittance
at several places, and
,in consequence the carriage 'remained
laden with luggage several hours in the street. By whom was
this woman So informed ? for that the information was false;
nobody doubted. There was no impediment at all to their
next lodging, they were instantly admitted. Then for what
purpose was this introduced ? For the malignant purpose of
adding, o the prejudice which it was intended by other parts
of this affidavit to excite against the character and' conduct
of these persons. Here was a woman having a charitable nio-
tive, and being so credulous as to believe any thing that was
tad het:though wholly untrue. She was so wicked as, under
the pretence of hearsay, to state that which she never did hear ;
but to state it in that shape which must • convey the impression
that it was a fact to which she did not dare to speak positively,
because she knew the time would come when she would be de-
tected. To what could not be contradicted, she boldly swore ;
what would be capable of Contradiction' she put into the 'form
of hearsay and information. The day after, 111‘Gregor came to
the house, and she agreed to take them -on condition of their
granting a declaration to leave the house at the end of a week.
—Little circumstances, Mr. Shadwell said, were frequently
important ; they were a test by Which best to try the truth of
ji general statement. Where was now the written declara-
tion ? Was -it forthcoming ? It being produced would con-
firm the fact deposed to; but the non-production spoke for it-
self. She then said M‘Gregor came-to the house to induce her
to take them in. What, was the purity of the public hotels
at Edinburgh such that Lord and Lady Portsmouth and, their
family were not fit guests—that a publican would dare to
turn them out ? And
.would any one believe that the same
man would go the next day to procure lodgings for those
guests, whose reputation was such, that for them to stay longer
in his house was pollution, and would deetroy the character of
himself and his' house for ever ? No one could believe it—it
Was incredible. The witness went on to say, nothing further took
place till Monday afternoon, when she and her maid were
alarmed at violent screams, thinking her child had fallen down,
but found they proceeded from Lord Portsmouth. This
was impossible. Was it possible that this woman should mis-
take the screams of Lord Pfortsmouth,, a stout over-grown man
of fifty-five, for the screams of an infant child? He would
leave his Lordship to decide whether she was likely or not to be
correct.' She then said, that on the second Sunday the family
were in deponent's house, she wai given to understand they had
gone to church, with the exception of Lady Portsmouth.; and
the deponent was directed to prepare, among other things for
dinner, a plum-pudding, the fruit of which was always kept
`by Lady Portsmouth herself. Could his Lordship believe that
Lady Portsmouth, 'moving about as she did, with all the per-
sonal inconveniences that attended her in these daily re-
movals from one house to another, would order a plum-
pudding, and keep the plums ? his was fabulous ; but
the introduction of these little collateral incidents spoke
volumes, and gave a credibility, as Mr. Shadwell said,
to other parts of the affidavits, which, taken by themselves,
deservtd none ; that was the only way of accounting for
the episode of the plum-pudding. Then she said, as the after-
noon was advancing, she repeatedly requested the maid of
Lady. Portsmouth to go to her mistress for the fruits, which
she declined saying she was not permitted unless rung for;
that it now became necessary to have the fruit ; and she ques-
tioned the maid as to her reason for using so much ceremony ;
and the deponent's suspicions were excited, and she went up
stairs herself. The Scotch landlady'had no such delicacy as
the tnaiti—go she would. Was it to be believed, that her
Ladyship ordered a plum-pudding, and laid herself so open to
detection in her guilty amours, that instead of sending the
plums down stairs, she would invite the woman to be upon the
watch, for the sole purpose of being detected in that in
which the most impudent would wish to avoid detection ?
She stated that on getting to the drawing-room door, she
tapped, and instantly took hold of the handle to open it,
when she found the door fastened inside.. She made a noise ;
when, to her astonishment, the door was opened by Mr. Alder,
who desired her to make less noise, and Lady Portsmouth
called out to shut the door. No one could account for this
woman's suspicions.,. One should ,suppose, that if any thing
guilty had been going on in the contemplation of either of these
parties, that either the door would not be opened at all, or that
Mr. Alder would not be the person to come and open it. She
then said, that in consequence she became alarmed for the cha-
racter of her houSe, and on the Thursday following they, re-
Moved. •If the character of any woman was to be whispered
away in • the manner in which this woman had attempted to
whisper away the character of Lady, Portsmouth, nobody
was safe. The fact Was, that Lady Portsmouth was in an ex-
tremely delicate state of health. The affidavit proceeded by

stating, that on leaving her lodgings they did not pay ; but
she and her husband having detained a portmanteau and bag,
they clubbed their money and paid the bill. Could any body
believe him ? One gravamen was that not a, shilling was left
at Lord Portsmouth's disposal ; that Lady Portsmouth re-
ceived all the money, and yet it ' was supposed she could not
pay for a week's lodging. Her alleged paramour, tco, was not
only respectable but wealthy : yet they were such mumpers
they must leave 'their-lodgings Without paying their bill. Was
it possible to believe this woman ? The incredibility of the
whole of the evidence from Edinburgh was thns contradictory
in itself, and had been discredited by the parties on the other
side.
The ATTORNEY-GENERAL said that his Learned Friend
always supposed that they had known this evidence before the
'month of February.
Mr. HoRNE was content to take it either way. They had
their information in December ; if they believed it, they must
have made inquiry. Eut at any rate if was not to be believed
now, since it made no allusion to the monstrous 'insinuations
and calumnies which were sworn more than six months after-
wards. He would now proceed to other points of the case.
The LORD CHANCELLOR—I am afraid you must reserve
these points till Monday.
•
Mr. HORNE' was sorry to be tedious.
The LORD CHANCELLOR.—Not at all; I hear you, as
always, with great pleasure ; but the students must have the
Hall at half past two. If you choose, I will attend here on Mon-
day at 9 o'clock.
Mr. HowNE,—lf your Lordship pleases.