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

PRIVATE TUITION.

AVACANCY is NOW OPEN in the FA-
MILY of a MARRIED CLERGYMAN, who prepares
a FEW PUPILS for the UNIVERSITIES, or their respective
Professions ; many of fuem hair been of the highest rank.
The Distance from London is within Twelve Miles.

Letters directed for the Rev. W. M., Mr. Reynolds, Book•
seller, 137, OxfOrd-strect, London.

THE COLONIES.

UPPER CANADA.-PRIVATE CORRESPONDENCE.

" NIAGARA, SEPT. 17.—The people hereabouts, with the
exceptiorvof the good folks_ of York, are much disappointed
that the Bill fot the Union of the two Provinces has been lost

t appears to be the general wish of the Upper Province that

should pass, and York is the only place expected to lose by
the exchange ; it is, however, my opinion that the inhabitants
will be soon indemnified, if the Canal they are now projecting
between Lakes Erie and Ontario is speedily accomplished, as
it is the only safe anchorage on that side of the Lake.
" The officers employed in surveying the country for the
Canal have finished about two-thirds of it under very favourable
circumstances, and anticipate equal success throughout; it is
therefore to be hoped that they will receive every support. The
AMericans have rendered this Canal absolutely necessary, by
the rapid progress made in their great work, which will,
within another year, open a water communication between
Buffalo and Ne‘w York, thereby rendering all the Western
Territory above Niagara tributary to - that City, mileis
we prevent it by the adoption of similar facilities and com-
munications. It is much to be regretted that the Canal near
the Ottawa is not on a larger scale, for if it is only to
admit of Batteaus, it will be of little value to the inhabitants
of the Upper Country, and can only be of service in a tnili-

y point of view ; for in case the farmer has to send, his pro-
duce to Montreal, at the expence of shipping and re-shipping
it, half a dozen times, the net proceeds will be very trifling.—
It is thought, but, probably, very unjustly, that the wealth
and influence of Montreal have produced this confined plan of
the Ottawa Canal, foreseeing that if a vessel was admitted large
enough to navigate the Lakes, she would be equal to the na-
vigation of the St. Lawrence below Montreal, and enable the
Quebec Merchants to participate directly in the trade of the
Upper Country.
" These Provinces begin to feel most grievously the altera-
tion in the Timber Duties. It will seriously diminish our im-
ports from the Mother Country, and all the speculative advan-
tages held out by the recent innovations in the Navigation mid
Colonial Laws will not produce any benefit to the British Set.
tlements in America, if ever, for many years to come. The
revival of the Certificates of Origin, at the instance of certain
individuals in the Lower Province, has been already attended
with very inferior effect to the general trade of these Colonies,
without producing any important benefit to the parties alluded
to. Indeed, it is a matter of great surprise to us that the Go-
vernment should have given attention to these individuals, who
were known to have a direct and extensive interest in the sub-
ject. A few years will convince the present Members of the
Board of Trade of their error, and that the system adopted for
the improvement of these Colonies by Lord Bathurst and the

late Mr. Rose, was founded in good sense, 'public convenience,
and sound policy—embracing, in its effect and operation, the
encouragement and extension of the shipping, manufactures,
and colonial interests of the Empire."

LAW INTELLIGENCE.

COURT OF CHANCERY, THURSDAY, Nov. 7.
THE PORTSMOUTH CAUSE.
The ATTORNEY-GENERAL said, he appeared for the peti-
tion of Henry Wallop Fellowes, Esq., when set forth that the
Earl of Portsmouth was of unsound mind, and altogether unfit
for the management of his affairs. The conduct of the Earl
for many years was referred to as proof of this allegation, and
particularly within the last year. his Lordship had gene hi
October last year to Edinburgh, and had returned in July last
within the jurisdiction of the Court. The prayer of the peti-
tion was, that a commission should be issued for inquiry, in the
only competent mode, whether his Lordship_ was or was not
of sound mind. It was his. (the Attorney-General's) duty, as
the petition was opposed, to open the facts of the case as they
appeared in evidence. The name of the. Earl of Portsmouth
was not unknown, to his Lordship in that Court, and he (the
Attorney-General) anticipated that it would be pre4sed much
by the other side, that about seven years ago a similar applica-
tion had been made, when his Lordship had not thought fit to
issue the writs sued for now. But this application was depend-
ent upon evidence subsequent to the4armer application ; and
the only question now was, -whether is was not such a case
as called for a writ of inquiry in the form of a commission. .The
evidence was very voluminous, and of two descriptions. A part
was of the strongest nature as against Lady Portsmouth, who
was the_ party opposing the prayer of the petition. He meant
that this part of the evidence proved, by her ladyship's treat-
ment of the Earliduring the five or six years that he had re-
sided with her, that the Earl was not in her estimation, or that
of her friends, to manage his , own affairs. The second de-
scription of evidence showed that the Earl laboured under a
delusion, which alone would be sufficient to induce his Lord-
ship to issue the writ now applied for. The Earl of Portsmouth
had been first-married to a lady of the family of Lord Grantley.
His affairs had had been placed uhder the management of Mr.
Newton Fellowes, his Lordship's brother,,and Mr. Hanson, by
a trust deed, to which it was not necessary to refer more parti,
cularly. The first Lady Portsmouth had died in November
1812. Three months afterwards Lord Portsmouth came to
town from Hursborn, in Hampshire, and in a few. days
after his arrival Married without any intimation, and with-

out any anticiption on the part of any of his friends, the
present Lady Portsmouth, daughter of Mr. Hanson, one of
the trustees of bis affairs. With that Lady he had resided until
the present year, the application for a commission in 1815
having been refused by his Lordship. In 1616 the Earl of
Portsmouth quitted Hursborn, and came to reside at Fairlawn,
near Acton. There he was treated more like a child than like
one of his rank and distinction. The Earl was now 63 years
of age. At the time of his removal to Fairlawn, a Mr. Alder
was introduced into his family. He had no connexion with
the family, but was introduced merely by Mr. Hanson. This
gentleman had been, until July last, a perpetual inmate in the
family, but rather as a keeper and a guardian to the Earl. than
with any other view. Several witnesses, to whose affidavits he
would call his Lordship's attention, proved that the Earl of
Portsmouth had been treated by this gentleman with great in-
dignity, and, on occasions, with cruelty. He had often been
chastised as a child; his cries had‘been heard; be had been
driven to' complain to Mr. Birnie, now Sir Richard Birnie,
who lived in his neighbourhood. This testimony was con-
firmed by the testimony introduced on the part of Lady
Portsmouth. The first affidavit to which he called atten-
tion, was that of Mr: Capy, who had been butler to his
Lordship for several years, up to 1818. His affidavit con-
tained long details, showing that his Lordship bad most
childish habits. Lady Portsmouth had desired him not to
care for the Earl or take any notice of him. He was even di-
rected by her Ladyship to chastise him whenever his conduct
required it ; and he stated in his affidavit that be had been in
the habit of chastising him with a whip, but without injuring
him. He had seen her Ladyship chastise him with a horse-
whip, both dressed and undressed, in bed. Attempts were
made, indeed, on the other side to meet this part of the case.
Two sisters of her Ladyship deposed, that it was merely in
jest. Miss Flora Hanson admitted that she saw Mr. Alder on
two occasions strike him. Once, wherrsthe Earl was-in sulreat
passion, and had struck the deponent, Mr. Alder tripped up
his heels ; and again, when he had struck or pinched the Coun-
tess; Mr. Alder struck him with his fist.
The Loan CHANCELLOR remarked, that there was no affi-
davit by Alder.
The ATTORNEY-GENERAL said, there was not, nor by
Mr. Neivton Hanson (brother of the Countess), nor by the
Countess herself.
Mr. HOUSTE saids there would be an affidavit by Mr. New-
ton Hanson. Was there nO redrest for the calumnies uttered
against Mr. Alder and Lady Portsmouth ?
• The ATTORNEY-GENERAI said he was not aware that
truth could be calumny. But these facts did not rest solely on
the testimony of Capy. A witness of the name of Bloomfield,
who lived very near the residence • of the Earl of Portsmouth,
heard often cries of murder, and other cries of distress, uttered
by the Earl. It was so shocking to the feelings of Bloomfield
and his family, that they wished to leave Fairlawn. Those
cries became mbre frequent after Capy, the butler, had left.
This witness deposed that the Earl was mules a medical man
and keeper, and that the gentleman who appeared in that cha-
racter was often seen walking about in great confidence with
Lady Portsmouth, while the Earl wandered alone quite de-
jected. Monck also, another witness who had been servant to
the gardener of the Earl of Portsmouth in the latter end of
1816, saw the Earl receive a violent slap on the face from his
Lady. The Earl cried out " 0 Lord!" The gentleman who
attended him struck him then with a horsewhip. The Earl
cried " Murder." He was then forced down the steps, and
fell on the gravel so violently, that it was a mercy he had not
broken his back. This witness saw him chastised in the most
cruel and brutal manner in presence of his lady. The de-
ponent was desired by Jones, a servant, to lock the gate, that
the Earl might not run away. He had frequently afterwards
seen the Earl amusing himself with a horse and cart driving
out dung. Richard Jones, the gardener, was told by.the Lady
that the Earl was very strange, and the deponent was to attend
only to her for directions,, and for the settlement of his ac-
counts. The Earl frequently talked about funerals, which he
called black jobs. These facts were not- contradicted at all.
They were confirmed, indeed, by the silence on the other side.
Was this, then, treatment to he applied even to a man of weak
understanding, capable of managing his own affairs ? Would
his Lady submit to see him chastised and laughed at, if he
were of sound mind ? Such treatment was demonstrative proof
of her impression of his state of mind, It was clear demon-
stration that she considered him to be in that state of mind
which constituted a necessity for the interfesence.of this Court.
There were yet other facts which had taken }dace at Fairlawn,
and which, though they might be called base and unfounded
calumnies, fully established the allegations of the petition.—
Mr. Alder, who belonged to the profession of the law, had
been introduced under the guise of a medical man, had ac-
quired an ascendancy which nothing but the incapacity of the
Earl could have permitted, and had in fact used farniliarties
and intercourse with the Countess under the very eye of
the Earl, which none hut a man whose mind was weakened
by disease could submit to. Capy gave evidence of having
heard Mr. Alder go from his own, room to the Countess's
bed-room. The situation of the rooms was given. in evi-
dence. It was not denied that Mr. Alder slept in a bow
room, which communicated by folding doors with they room
in which Lord and Lady Portsmouth slept., Transactions
were detailed, which proved that familiarity and, inter-
course took place between Mr. Alder and the Countess in
the presence of the Earl, without being affected by it. This
fact alone, connected with what took place in Scotland, proved
to demonstration the incapacity of his Lordship. Why had
there been deception in the introduction of Mr. Alder as a me-
dical man ? Was this true, or was it not!? The Earl uniformly
declared that this deception had been practised. Was k true ?
If it was, then the deception was practised for an improper pur-
pose. If it was not true, and it was mere delusion in his Lord-
ship's mind, then he was of unsound mind, and in a state of
mental incapacity. Mr. Alder, after he had been introduced
.as a medical man, had access at all times to the Countess. He
accompanied her as her companion and friend, to Southend, and
Lord Portsmouth was left at home. in November,
.last year,
Lady Portsmouth took his Lordship, Miss Hanson, and Mr.
Newton Hanson, to Edinburgh. They were shortly joined
there by Mr. Alder. On-their arrival there their conduct came
under the observation of persons wholly indifferent, unconnect-
ed, unimpeachable, and unimpeached, and speaking to trans-
actions which came under their own eyes. "Mrs. Eyans, whose
affidavit he would first advert to, kept a lodging-house in Fre-
derick-street. A party came to her house in a coach with a
coronet. She learnt it was the Earl of Portsmouth. Observ-
ing the person who was painted.out as Lord Portsmouth acting
strangely, she asked Miss Miller, their maid, if all was right.
Miss Miller was reserved, and gave no answer ; but afterwards

she told deponent, that the Earl was ofteh beaten, especially
when Mr. Alder was present. During the first few days a child
of the deponent's was always with them until Mr. Alder arriv-
ed. Lady Portsmouth then became nervous, and could not
bear the noise Of the child. Mr. Alder desired to have a pass-

key to let himself in at all hours of the night, but deponent re-
fused, and said her maid would sit up for him. Miss Miller
told deponent that Mr. Alder was no relation, but that there
was great intimacy between him and her Lady—that he always_
was sneaking about her, and that there was no peace since he`
came. Dr. Hamilton came to visit Lady Portsmouth there.—
Afterwards Lady Portsmouth and Mr. Alder, Lord h
.
having gone out, were going together into a bed-room bUt the
deponent's maid being there, Lady Portsmouth pushed away
Mr. Alder, and they went out, though the day was very coarse.
She was so disgusted by what she Saw, that she ordered them to
leave her house—and in fact they did leave her house on a very
short notice, and went to Macgregor's Hotel, in St. Andrew's-
square, and afterwards to Mrs. Sutherland's Lodgings. Mr.
Macgregor's affidavit stated, that a Gentleman and Lady came
to hie house for lodgings, and afterwards others joined them. The
house being very full, they occupied the attics. He had waited
on them hunielf, contrary to his purpose, and thought Mr. A.
Lord Portsmouth, seeing him on such terms with the lady as
a husband might be expected to be. It was he who had come
to engage the lodgings with Lady P. It was not denied that
they had tome to the house ...by themselves before Lord Ports-
mouth came. Deponent went up stairs and saw them sitting on
an incomplete bed, there being a complete bed also in the room.
Lady Portsmouth seemed nervous. About 7 o'clock in the
evening he went up to nail a piece of cloth on the outside of the
docia, but fearing the noise might disturb Lady Mrtsmouth,
he opened the door and hsked if he should do it. They were
both in bed and the curtains drawn. Mr. Alder, whom he took
for Lord Portsmouth, put out his head and desired him to do it
by all means. Deponent was so disgusted that he insisted on
the whole party leaving the house. The servants of another
lady who was in the house had seen such familiarity with Mr.
Alder that the lady complained to the deponent. So anxious was
the deponent to have them out of the house, that he looked out for
lodgings for them ; and did not get, payment of his bill for a
month eerwards. , Here, then, it would be remarked, that the
lodgings had been taken by Mr. Alder, and that' his Lord-
ship seemed as in a dream—led as others pleased. Where did
they next find lodgings ? With Mrs. Sutherland, who kept a
lodging-house in Abercromby-place. Miss Miller had made
an affidavit, denying the testimony of the two preceding wit-
nesses, but not a single fact of Mrs. Sutherland's deposition
was denied. He (the Attorney-General) had stated, that in
Nov. 1821, Dr. Haniiltnn was consulted. Mr. Alder and Lady
'Portsmouth came to seelMrs. Sutherland's lodging. Mrs. Suth-
erland took him forthe husband. Miss Hanson was with thein.
'Deponent asked how long they would require the lodgings ;
Mr. Alder answered, " Perhaps nine months," looking signi-
ficantly at the ladies. This was in November, and in the month
of_August Lady Portsmouth vas brougkt to bed. This, he
(the A ttorney-General) contended was proof of intimacy. A
remark so indelicate would not have been made in such a man-

•
ner, if improper intimacy had not existed. Mrs. Sutherland
did not approve of what She saw. Mr. Alder suffered himself
to lie addressed by her as "My Lord." Deponent reluciantly
received them on getting a written declaration that they would
leavo.at the end of a week. What situation was this for a Peer
of the Realm, that he should have great difficulty to procure
accommodation in a respectable house in Edinburgh? Mrs.
Sutherland heard violent screams which
.alarmed her first as
being her child's.
Mr. HORNE.—I have asked whether the written paper is
forthcoming.
The ATTORNEY-GENERAL.—NO, it is not.
Mr. HO RIsTE.—No, because it never existed.
The AT TORNEY-GENERAL.—On the Sunday, the second
Sunday after they had come to the lodgings, Lady Portsmouth
was in bed when all were supposed to have gone to church, and
then this deponent discovered what he (the Attorney-General)
would not detail. On the Thursday afterwards they removed
i
to King-street. He would now proceed to state the evidence
of the manner and circumstances of his Lordship's removal
from Scotland. Disputes, and a suit in that Court between Mr.
Fellowes and Mr. Hanson, .had been referred to Mr. Skirroat-
When Mr. Skirrow was at Ilursbnrn arranging the papers and
accounts of the family, he was told by became, who was resi-
dent there, that Lord Portsmouth was treated very improperly
by his lady and Mr. Hanson, Mr. Skirrow became alarmed
that the larl had not been treated properly. when he- signed
bills and accounts Ivhich were now under his consideration as
referee. Rumours had reached Mr. Fellow6s, too, of the treat-
ment of his Lordship in Edinburgh. In consequence .of such
reports, measures were taken to bring Lord Portsmouth back
within the jurisdiction of that Court. It had been said that he
had been improperly removed froth Edinburgh, and threats had
been held out respecting that conduct ; but his removal was in-
dispensable in all the circumstances. Mr. Fellowes and Mr.
Skirrow were aware of the thraldom in which he was held, that
he was chastised and deprived of money. It Was clearly proved
by the evidence, that the. Earl had never been intrusted with
money. At Fairlawn he had been obliged to borrow 2s. from
James Rutty, who had been. a servant at Tattersall's, and
afterwards a gardener at Fairlawn. Mr. Norton, a relation of
the first Lady -Portsmouth, and Mr. Combe, proceeded to
Edinburgh in July, in order to release his Lordship fro'm his
thraldom. Fortunately they met him in the street. They car-
ried him to I,s-rd Grantley's seat, where he was seen by Mr.
Skirrow, who thought it highly important that he should Ise.
seen by medical gentlemen. Dr. Powell and Sir- George Tuts
hill saw him accordingly. Sir George Tuthill summed up in
these terms :—" If the statements made by his Lordship were
.true, he was incapable of managing his own affairs; if they
were not true, then he suffered under a mental delusion which
showed him to be incapable of managing his own affairs." It
appeared from Mr. Skirrow's affidavit, that Dr. Bankhead
visited his Lordship at Hursborn, and went thither with Mr.
France, Lady Portsmouth's attorney ; but no contradiction was
given by Dr. Bankhead's affidavit to this part of Sir George
Tuthill 's affidavit. Dr. Powell visited Lord Portsmouth at
Mr. Skirrow's house_in Gower-street, and said, that from a
single interview he could not make an affidavit sufficient to.sso
before a jury,-but that it seemed to him materials were not
wanting. To Dr. Powell the Earl said that he should like to
• have a coronation at his country house. Deponent stated, too,
that his general treatment was that of a lunatic, and worse than
was applied to persons in an inferior station ; that he was chas-
tised, not intrusted with money, threatened with punishment
if he did not return home when ordered, and often shut up in a
private room ; that the account he gave of his marriage, the in-
decencies he indured in his presence, his submisSiOn to the re-
straints of 31r. Alder, whom he believed to •be a medical man,
for fonr.years, and who had access to Lady Portsmouth at all
hours in that character, were symptoms of decided insanity.
The deponent further stated, that Lord Portsmouth believed
that a criminal intercourse was carried on between Lady Ports-
mouth and Mr.•Ahler, though lie believed the child to be his.
The deponent was of opinion, that only the Lord Chancellor
could affind.him protection. It was 'Mr. Newton Hanson who
had convinced Lord Portsmouth that the child was his. Where
was Mr. Newton llanson's affidavit.
Mr. lloue4E—There will be an affidavit by Mr. N. Hanson.
I said so before.
The Loan CHANCELLOR expressed his willingness to re-
ceive affidavits in this case up to any period of the proceedings.
Mr. HEALT) begged. to call his Lordship's attention to the
causes of not filing all their affidavits earlier. The absence of
counsel until very lately, and the hopes they entertained of ac-
cess being afforded to medical men, had caused delay. They
could not get medical men to go to llursborn without a fee of
100 guineas, while they, on the. other side, had brought his
Lordship. to town, where medical men could easily see lim.
The Loan CHANCELLOR. repeated that he would receive
any affidavits.
Mr. Homes reminded his Lordship that he had asked delay
until-their affidavits could be filed, but that his Lordship had
said he was ready to'hear the cause up to a certain point.
The LORD CHANCELLOR said it was so.
Hr. HEALD asked whether. his Lordship would now tell
them what that point was ?
The LORI) CHANCELLOR said he would explain that. Ap-
.plication had been made to him for issuing a commission of in-
quiry. lie could not grant this commission without affidavits.
The view lie took was this :—lt had been stated that Lord Ports-
mouth was now in a state of captivity. If he was so, and of a
sound mind, a different sort of relief ought to have been resort-
ed to. A habeas
,corpus had been applied for, but Mr. Justice
Bayley was of opinion he could give no relief. Lady Ports-
mouth might go to another Court for a restitution of conjugal
rights. Whether. she could succeed or not in that, he (the
Lord Chancellor) had nothing do with. Lord Portsmouth
might go into a Court of Justice for other purposes. Assaults
were alleged to have been committed. If the affidavits were
true, there were grounds for charging a most gross conspiracy ;
but lie had nothing to do with all these remedies. But he was

clearly and decidedly of opinion that he had a great deal to do
with the considerations which were suggested by the conduct bf
Lord Portsmouth himself and the impressions of others as to
the state of his mind. When he spoke of comidering the sub-
ject up to a certain extent, be meant to know who would_ or
would not give information on the subject. He was sorry to
make any observation upon the conduct of any of the medical
gentlemen. Flour of those gentlemen they were well acquaint-
ed with in that.Court.—Dr. Powell, Sir George Tuthill, Mr.
Sutherland, and Mr. Warburton. Their evidence turnished

grounds sironger than were usually required for a commission .
of inquiry. He formed a wring estimate a his own powers if
he did not suppose himself wrong when be differed from them,
but it washis business to act according to his own conviction.—
To them Lord Portsmouth talked of having a throne Like the
King's. This was very like delusion. But staterne.nts made .
by Lord Portsmouthmight be false, and yet be no delusion. If
he had seen Dr: Bankhead before his visit to Lord Portsmouth,
he would have said " Read all these affidavits before you go to

see him.
Mr. SKIRROir explained the circumstances in which he saw
Bankhead. '
The Loan CHANCELLOR said, it was not worth while go-
ing at all to see him, if he (Dr. Bankhead) let Lord Portsmouth
know his object, and if he did not know himself the affidavits
which had been made of Lord Portsmouth's conduct, and of
the conduct of others towards Lord Portsmouth. Such previous
knowledge was necessary in order to ascertain the state of his.
Lordship's mind.. They werc the media concludendi. He
would not close this case without giving every possible oppor-
tunity of filing affidavits.
Mr. HonNE said he had so understood his Lordship.
The ATTORNEY-GENERAL. proceeded. He must remark
upon the case as it now stood, when there were no affidavits by
Mr. Newton Hanson, Mr. Alder, or Lady Portsmouth.
The Loan CliaNcEt.t.olt remarked, that Lord Grantley. .
had said in a prize cause that additional evidence was offered
for easing, where the case pinched.
Mt. HoaNE.—That does not apply here, for' I wished for

delay at first.
The ATTORNEY-GENERAL.—Dr. Powell had several in-
terviews afterwards with Lord Portsmouth. On July 12, he
found him under much greater irritation, and violent without
sufficient cause. His memory was remarkably tenacious.—
He talked of the throne to be erected at Hursborn—of the cor-
poral punishments inflicted upon him=-of being confined in a,
room, and of no money being intrusted to him. The depo-
nent considered him of insane mind, and entirely unfit for tak-
ing care of his
,person or property. Sir, George Tuthill had
also several interviews. To him Lord Portsmouth said, that
he had called on Mr. Hanson, and told him he wished to be
married, but that Mr. Hanson said he could not, unless he
married his daughter ; that he went at once into the drawing-
room, and made the proposal to Miss Hanson, and that she
agreed, provided it should be instantly done. His Lordship
went on to state, that 4 years afterwards a medical man was called
in, who had access at all hours to Lady Portsmouth, and used to ,
lie down beside her, when he (Lord P.) used to be driven to a
sofa as a punishment. To this deponent, too, his Lordship
related his treatment in Edinburgh—told the story of the throne,
and said that there was a Bow-street officer kept at Gower-
street to prevent his being taken away. Sir G. Tuthill was of
opinion that he was of unsound mind, and wholly incapable of
' managing his affairs, whether his statements were true or not.
Dr. Sutherland made affidavit to the same effect. He said his -
Lordship took the lancet and tape out of his pocket, with which
he used to let blood from his arm, and then to tie it up again.
This corroborated the testimony of Capy, who deposed to this fact.
Mr. Warburton stated his opinion, that if Lord Portsmouth's
statements, were delusion, he was insane : if they were not, and
he really endured such treatment, he was insane. The order
of the Lord Chancellor before the long vacation had been that
Lord Portsmouth shmild not be disturbed, but that reasonable
access should be given to medical men. In October intimation
was given that Dr. Bankhead was to be sent down. Sir George
_Tuthill thought it of importance that Mr. Skirrow should be
present Mr. Skirrow was at Hursborn when Dr. Bankhead
arrived. Mr. France_ stated that timber was thrown into the
carriage way. This was accidental, however, and no obstruc.
tion. The Earl was not in the house. lie was alarmed by
hearing that Mr. France, solicitor to Lady Portsmouth, was
Come. Ile thought it was intended to remove him, and called
two of his servants to protect him. It was extraordinary that
Dr. Bankhead should have stated to him that a commission of
lunacy was to be issued against him, and, according to Mr.
Skirrow's affidavit, said he was a particular friend of the Lord
Chancellor, and had come to see him at his Lordship's desire.
The Loan CHANCELLOR denied that he knew Dr. Bank-
head, or had ever spoken to him.
SKißnow said it was a mode of tranquillizing the Earl's
mind.
The Lonn CHANCE Lt. on.—l can only say, if I saw him, it
must have been when I bagged so much game without a
license.
The ATTORNEY-GENERAL.—Dr. Bankhead told the Earl
several times that a commission of lunacy was applied for; he
said that he had seen Lady Portsmouth, who was a most
amiable woman, and that his child was the finest child in the
world ; he mentioned that his lady would live with him again;
but he said—" Nor—Dr. Bankhead said she would receive
him again with cordiality.; but Lord Portsmouth replied,
"-She will have that fellow Alder and Hanson with her." Dr.
Bankhead said she would not, if they were disagreeable to him;
and added, " My Lord, they are going to make you mad !"
Lord Portsmouth said, " Is it so, Mr. Skirrow ? Who pre-
sented the petition ?" He was informed it was his nephew.
Dr. Bankhead then said, " Mr. France and I -are' come to
rebut the attempt." ,There was a report, then, that 'Lady
Portsmouth had arrived at Whitchurch. The alarm was un-
founded, but letters written by Lady Portsmouth...and Mr.
Hanson convey a suspicion that such an intention was in agi-
tation.. Bingham made affidavit that he saw a letter with
Mr. Lucas, the gamekeeper, dated 3d of October, to this effect:—
" Mr. Lucas, you will be in the way on Monday the 7th,
for I wish to release my Lard, without waiting for the tedious
process of law, and I hope the good people of Whitchurch,
Basingstoke, and Overton, will assist me." It had been stated
in the public papers that she had besieged the house. That
was not true, but she had come-to Whitchurch, which was at
the park gates and a mile or a mile and a half from the house.
Lord Portsmouth was thrown into a nervous agitation, and was,
extremely ill. Dr. Bankhead was admitted to his bedside, and
a long conversation wllich he held with him was detailed. No
allusion was made in this conversation to the topics mentioned
in the affidavits of the medical men. If Dr. Bankhead was
ignorant of those affidavits—
Mr. HOIUNE—" Be was."
The ATTORNEY-GENERAL.—Dr. Bankhead was the
bearer of a letter from Lady I'ortsmouth to his Lordship en
that Sunday morning. Lord Portsmouth said be had not gone
to church the former Sunday for fear of Lady Portsmouth and
Mr. Hanson, and that he felt the same fear that Sunday.. His
Lordship went on to say that the child was a fine child. Dr.
Hamilton was a clever and a good man. Lord Portsmouth
said that Mr. Skirrow prevented him from reading any letters
from Lady Portsmouth ; and, after breaking the seal pt the let-
ter then given to him, he laid it down and said he must not read
it. Dr. Banklicad's affidavit stated that he had'" no hesitation
in adding, that if Lord Portsmouth, if allowed to exercise his
mind calmly and dispassionately, was capable of managing his
worldly and spiritual affairs, that his conclusions were
correct, that he was not of unsound mind, but that he was not
accustomed to act for himsdf." The affidavit of Dr. Hamilton
stated, that " having seen Lord Portsmouth for several months,
he considered him a man of weak judgment and decided tem-
per of mind, but did not think him a lunatic or a fit object of
a commission of lunacy." Dr. Hamilton chose to give his
opinion as a lawyer, and not as a medical man. He might be
a very good accoucheur, but his opinion of what would be a'
sufficient ground of a commission of lunacy could not have
any weight in that Court. There was a letter by Dr. Hamil-
ton in answer to the inquiry of " Lord Portsmouth," in which
he said, " Every one was struck as well as myself with the re-
semblance of the lower part of the child's face to you during
the suspension of animation immediately after the birth."—
The Learned Gentleman, after adverting to the painful na-
ture of the case, said, that if bis Lordship had a fair doubt
upon the subject, he would send it for inquiry to a commis-
' sion. Mr. Fellowes had no object but the care and protection
of his uncle.
Mr. WETHERELL followed on the same side. The father
of the petitioner had formerly applied for a commission similar
to the one now sued for ; and therefore he was not conjoined
here. Another reason why he was not a party to this peti-
tion was, that it was inconsistent with his duty as trustee. lie
would in the first place direct his. Lordship's attention to the
application which was formerly made. Then the circumstances
given in evidence were suspicious, but not equal to those of the
same kind now brought forward, besides many facts of .an en-
tirely new character. Now Lord Portsmouth WAS whipped

itißy by Lally Portsmouth and her paramour. Now he was
fond of singing at funerals, delighted in the ringing of bells,
and ran about whipping his servants with nettles. The pre-
sent application had another. feature of novelty and of the
highest criminality. His Lordship was now to consider whether
Lady Mary Ann Wallop was the legitimate daughter of the I
Earl of Portsmouth, or the adulterous child of his lady. When
Mr. Birnie went into the garden at Fairlawn, in consequence
of the complaint of Lord Portsmouth, Lady Portsmouth asked
}IOW he dared to enter without leave ? and said she was stir-
prised he should attend to any thing Lord Portsmouth said,
and that he was not aware of his situation. The peculiar cir-
.cumstances, then, in the present application, which formed no
part or the ground of the former, were—fiord Portsmouth's
being unconscious of the adultery, and his inability to resist
whipping. The Learned Counsel entered next into a minute
.examination of the evidence from Scotland. Here wai a Noble
Earl, who had the' utmost difficulty in procuring lodgings in
Edinburgh. Be supposed that as muaention was paid to
rank in Scotland as elsewhere, yet her was a Noble Earl who
was.refused, and driven from one place to another.
FRIDAY, Nov. 8.
Mr. WETHEIrELT. proceeded.--:The conduct of Lord Ports-
mouth clearly proved the consummation of insanity, or'an in-
teption tf depravity. The case was not unprecedented in the
- detatlences of the human mind, though it possesses features of
singularity.
The LORD CHANCELLOR said it appeared, that although
Lord Portsmouth tnought himself in such a state that he could
not have a-child,'yet thatpe thought the child his, and said
Mr. Alder was ruptured, and could not have a child. He did
not observe that Dr. Bankhead asked one question respecting
the matters in the affidavits of which a list had been given to
him.
Mr. PEPYS said Dr. Bankhead stated that he was not aware
of the affidavits.
The LORD CHANCELLOR, thought it singular that nothing
passed respecting the four medical men ; or, if any thing pass-
ed, that Dr. Bankhead did not mention it in his affidavit. Lord
Portsmouth's complaint that Lady Portsmouth would not come
without bringing about him those persons whom he mentioned,
looked very like a suspicion of adultery, at least that she had
persons about her whom she ought not.
Mr. WETHERELL then entered into details to chew that
Mr. Hanson, father of the Countess, was convinced, during the
lifetime of Miss Grace Norton, the former'Countess, that Lord
Portsmouth could not be a father. Ile next commented with
great earnestness on the use of the tape and lancet, and stated
in proof of the other evidence to the fact, that he flinched when
Mr. Newton Fellowes pressed his arm. Mr. Combe had been ,
with Lord Portsmouth during the former lady's life, but he
seemed to have been an adviser, friend, and protector of a-
very different description from Mr. Alder. Mr. Alder had
been instructed by Sir Samuel Romilly, and was not un-
known at that bar, or on the northern circuit. At Edinburgh
Lord Portsmouth was quite willing to go with Mr. Norton
and Mr. Combe. Once on the journey he expressed a-wish to
return, which they made no objection to : but afterwards he
said, no, lie would not return. It was alleged that labourers
with sticks had been stationed in the shrubbery at Hurs-
born ; but was it not a duty to prevent a rescue, pending this
application ? Lady Portsmouth had threatened to release him.
It was not an idle threat, for down she came. He thought it
was quite evident that Lord Portsmouth was not of sound mind.
The whole moral man was extinct. But in proceedings of this
nature, which were only inchoate, his Lordship's part was as-
similated to that of a Grand Jury, and he would therefore send
it into a course of inquiry.
The LORD CHANCELLOR did not think the duties were
similar ; for a Grand. Jury had to consider whether the case
was sufficiently clear ; his business was to consider whether it
was sufficiently doubtful.
Mr. SHADWELL was also on the same side. If his Lordship
was perfectly satisfied that no,injury would arise to Lord Ports-
mouth from refusing the inquiry, then he would grant no in-
quiry : but if Lord Portsmouth's case required inquiry, his
Lordship would grant. it. There was an affidavit by Miss
.Eliza. Hanson to the character of Lord Portsmouth. She
thought him very uncertain in his temper, very ready to get
into a passion without cause, and both cunning and revengeful.
The LORD CHANCELLOR again asked if Dr. Bankhead
had heard him say any thing of those points to which the me-
dical men made affidavit.

Mr. TRESLOVE said he had not.
The LORD CHANCELLOR was of opinion that Dr. Powell
would not have heard one word on those subjects, if he had
told him that physicians were to visit him for the purpose of
obtaining a 'Commission of Lunacy.
Mr. TnEsEoyE said that Dr. -Bankhead's object was to
converse on subjects indifferent.
The LORD CHANCELLOR had no doubt that Dr. Bankhead
had- wished honourably to do what was right, but his views
were disappointed. According to his experience, a different
mode ought to have been taken.
Mr. TRESLOVE said it would have been different if Lord
Portsmouth had been in town.
The LORD CHANCELLOR—CouId it be doubted that Lord
Portsmouth's attention ought to have been called to the topics
alluded to, without any mention of a Commission ? The cir-
cumstances might be 'false, and Lord Portsmouth knew them
to be so without any delusion. But it was important to ascer-
Aain that.
Mr. SHADWELL proceeded.:—An additional reason for the
'commission was the rank of the party. Had it ever been heard
of that a Peer in sound mind should say that he excited his
-passions by tine abominable means mentioned ir‘ the affidavits
by way of joke ? But the facts before the Court could not be
rejected as false. Although there were contradictory circum-
-• stances, yet there was enough uncontradicted to give conviction
of the truth. Little circumstances were of great importance in
such an inquiry. Capy, Mr. Hanson, and the repeated narra-
tions of Lord Portsmouth to different persons, proved the truth
of the facts in which they all agreed. It was of public interest
that a Peer of the realm should not be suffered to remain in this
state without inquiry.. It was a duty which his Lordship owed
to the public, as Speaker of the House of Peers, to send this
case to a jury, who might return a satisfactory answer.
Mr. BELT followed also for th&petition. Lord Portsmouth
signed bills in duresce. He might be fit to do many things
like a sane man, and yet be insane. They had his Lordship's
• testimony to his skill in arithmetic.
The LORD CHANCELLOR said that this was true, and the
other side ought to have the benefit of it. In multiplying -with
several figures, he multipled right, and I was wrong. At least
he satisfied me of that, and the Lord Chancellor requires a com-
mission of lunacy.