The Sun.
London, England, 1823-02-20 00:00:00

FASHIONABLE ARRIVALS.

The Duchess Dowager of Richmond, in -Waterloo-place ;
the Earl and Countess of Hardwielte, in St. James's-square;
the Dowager Countess of. Clonmell, in Portman-square; the
Hon. Mr. and Lady Charlotte Pinder, from Brighton ; Lady
Sarah Bailey, Mr. and Miss Bailey, in Bryanstone-square ;
Lady Baynes and Miss Lamb, in Hinde-street, Manchester_
square ; Colonel and Mrs. Parker, in Wimpole-street ; Lady
Isabella Blatchford, in Hertford-street, May-fair ; Mr. and
Miss Clifton, in South Audley-street ; Mrs. William Bennet,
in' York-street, Portman-square; Major Forbes, in Conduit-
street; Mrs. and Miss Carter, in Green-street, Park-lane;
Viscount Deerhurat, at Coventry /louse, Piccadilly, from his
seat, Worcestershire ; the Hon. Thomas Kenyon,at his brother's
(Lord Kenyon) house in Grosvenor-square.

FASMONABLE PARTIES.
fir. Agar Ellis gave a grand dinner yesterday to a distin.
gnished party at his house in Spring.gardens ; among- whom
were the Marquis and Marchioness of Lansdown, Viscount and
Viscountess Granville, Lord and Lady King, &c.
The lion. J. Abercromby, M.P., will have a large dinner
party on Saturday at his house in New-street, Spring-gardens.
The Countess of Harrington had a select circle of fashion.
abler yesterday evening at her house in Stable yard, St. James's.
Dowager Ladv heave had a small party yesterday evening
at her house in Albemarle-street.

ORATORIO.

CovENT.G.t.rtnem.—We are sorry ,to state that
this entertainment was interrupted lust night, in
consequence of the non-attendance of. a Mr.
ATKINS, who had not sent any apology for his
absence, and by the indisposition of MSS TREE.
These obstacles prevented the perforMance of
part of La Donna del Lago, the Opera which
was brought forward on Tuesdaysat the King's
Theatre. It appeared that placards were posted
routul the Theatre announcing the. illness ()Miss
Tart:, but many of the audience had not seen
them, and, therefore, when part of JIAYDN's
Creation was attempted to be substituted
for La Donna tki Lago a considerable tu.
mutt aroie. Sir GEORGII SMART came forward
several times to explain matters, and at last with
Mr. Bociti.t, but with little success. The Crea-
tion was hissed so violently that Mr. Samws,
with doe reverence for a great Master, addressing
the nudieuce,,said '; You are hissing ILivus."
This laudable feeling operated in some degree to
soften the turbulence, and at length tranquillity
was restored. A Mad. !Int.() ARI came forward in
the course of the evening, but as she must naturally
have been mueli intimidated by the previouyi
storm, it would be unjust to decide upon her Vocal
powers. She seemed, however, to sing with taste.
The audience, a very numerous one, hadit least
the gratification of hearing the charming strains
of Mad.CAstronEsE, Mrs. SALMON, Miss PATON,
Mrs. VOWS, and the energetic tones 'of
na.t.u.tat, as well .as of other,respectable Per-
fanners. The storm WAS chiefly excited by au
orator in the Pit, and such Peiforiners have ge-
nerally, much influence upon a mixed and ience.—
The chief instrumental perforMance was a con-
cerlante upon two harps by Mr. BOCUSA and
Miss Dtunta, which was much applauded. On
' the whole, harmony was -restored among the
hearers as well as in the orchestra.

EPIOR/01,
On a Nan sitting in a Cold 'loom befbre a large Fire.
Of various climates, dear Jack, yott may boast,
In one part you freeze, in the other you roast;
Like Russia's great monarch the Empire you rule in,
For your back is in Lapland, your face in Vencoolen.

,[Frain the American Papers.]
We have received u Caraccas paper of the Ist
of December, hut are unable to learn from it any
thing concerning the state of the army. The
name of MORALES is not mentioned at all, ex.
cept in two or three old documents re-published.
Mr. ZEA, it seems, had been deprived of his
powers, before he attempted to negotiate a loan
for the Columbian Government in England. The
papers continue to attack the privileges of the
Clergy, and urge it upon the Government to take
into their own hands, the superintendence of the
funds accumulated by the gifts of the pious in
religious houses.—(llifercontile Advertiser.)

The whole number of Passengers arriving from foreign ports
in the ports of the United States, from the Ist Octeher, 1821,
to the 60th September, 1822, is reported by the Secretary of
State to hive been 8,482; of whom 11,241 were males, 1,136
females—the sex of the remainder not being reported to the
Department of State. Of these a considerable proportion were
of course citizens of the United States returning from visits to
foreign countries. A large majority, however, were foreigners.

DEATH OP TILE LORD BISHOP OF MEATII.—Ii
is with unaffected concern we have to announce
the death of the venerable Prelate, Dr...THOMAS
LEWIS O'BEIRNE, Lord Bishop of Meath. Ilia
Lordship paid the debt of nature yesterday, at
his See House, Ardbraccatt, Nevem Dr. O'BEIRNF.
wag consecrated Bishop of Ossory in 1795, and
was translated to the Bishoprick of Meath In
1799. His Lordship was in his 88d year.—
(Dublin Evening Mail, Feb. 17.)
We understand that a serious difference has
arisen between Sir C. GRANT and Lieutenant-
Colonel THORNTON, Assistant Adjutant-General,,
which is likely to terminate in the conduct of the
latter Officer becoming the subject of an investi-
gation before a Court-Martial.—(Mid.)
SERVICES OP PLATE TO AMEASSADORC.—Mi•
nisters have adopted a new regulation,ns a mat-
ter of economy, respecting the services of plate
allowed to Ambassadors and Ministers appointed
to foreign Courts, who have been allowed from
time immemorial a certain number of ounces of
plate, according to the rank of their appointment,
and whit!) on their recal or resignation became
their perquisite. This custom has been abolished,
and a service of plate is to be kept at every
foreign Court, with the King of Great Britain's
arms engraved on it, for the MO of the Ambas-
sador or Minister, as the case may be. The
Marquis of LoNnoNntattx, who has resigned
his embassy at Vienna, is the last who will enjoy
the perquisite of the service of plate at that
Court. Sir H. WEL.r.r.sr.cy, Who is appointed to
succeed the Noble IVlarquis, takes out the ser.
vice of plate which is to remain there for all
future Ambassadors, and which is to be issued
from the Lord Chamberlain's Office.

LORD PORTSMOUTIMCASE.

EXAMINATION wider the 'KIWI:1 COMMISSION.

FILE I:: li AiONVIIALt,WEDNESDAY, Fan.l9—Nl Wilt Dar.
The .Court opened at ten o'clock this morning,
and immediately' proceeded to, business.
Mr. DI:WM:O4 rose, and observed, that it was hiaalutt ,as
one of the Counsel for the prosecution of the -present inquiry,
to sum up the evidence that had been adduced ; he felt, how.
ever, that some apology was necessary to the Gentlemen of the
Jury for the length of time they had been detained by the cvi.
deuce it had been thought necessary to lay before them. En.
tertaining, as an advocate, a decided conviction of tile solid
ground. upon which this Commission was tbunded, and the
proven charge out of which these proceedings originated, he
certainly thought that it would be considered , as little short of
mockery to doubt for one moment the existence of the same
perfect conviction in the breasts of those who _would now be so
shortly called upon for the verdict which was sought by the in.
stitution of the present investigation; ,to detain the Court and
Jury, while he recapitulated end descanted upon the evidence
which had necessarily detained them so long, would be an un-
necessary and injudicious intrusion upon their valuable time.
The Learned Counsel then referred' to the circumstance of his
Lordship haying so far hack as the year 1799„ transferred the
w hole of his property to thetare and management of certain trus-
tees-. Nor was this to be taken as a sane act, although at that
period the Noble Earl was not more than 32 years of age. From
a candid examination of the evidence adduced, he was not pre-
pared to say that his Lordship was at any period of his life of sane
and wholesome mind. As to the bleeding—in his Lordship's
examination ofyesterdav , where this circumstance was referred to,
the Court and Jury could not but have observed, that his Lord.
ship was unwilling to retnembeer that which he thought might
appear derogatory to that dignity of chaiaicter of which he ap.
peered to entertain so strong a feeling of jealousy ; when, how.
ever, his Lordship observed that the Jury were impressed, and
strongly impressed, with the circumstance of his having been
bled by women, he then said it was a long while since, he
scarcely remembered it, and hoped that he bad long since for-
gotten all such nonsense, and eradicated all such silly habits ;
but let the Jury refer to the evidence upon this point—let them
recollect that it was sworn to, that his Lordship had expressed
his affection for lancets over all other things.. Then, ae to funerals
and " black jobs," let the Jury remember, that at the death of
thelate Countess—of her tbr whom his Lordship had repeatedly
and warmly expressed his gratittide and atrection—and yet at her
death—at the very moment at which he was accompanying her
remains to their last home—he indulged in a variety of delu.
sions that were wholly incompatible with that soundness of
mind which could not 1w separated from that strong sense of
propriety which would hesitate to charge a servant -with with a foot.
tug or coking, for driving the hearse tOr the first time, or to
descant upon the sort of escutcheon he should erect. The
].earned Counsel could not but at this period call the serious
attention of the Jury to a most important subject—that of his
Lordship's marriage to Mile Hanson : the late Countess died in
November, Ifll3, and alMost immediately afterwards his Lord-
ship expressed his desire to he again married : with this view, he
had continually named 3 ladies, to eithe r of who'll he was equally
willing to he united ; but it was an importent fact that Miss Han.
son, with whom he had been acquainted from her infancy, and for
whom on that accoant he might reasonably be expected to en.
tertain some sort of partiality, this lady was not one of those,
ladies. His Lordship, however, comes to town on the Friday,
offers himself to Miss Hanson on the Saturdayireceives an answer
on the Monday, that only on two conditions would Mr. Hanson
agree to his Lordelii p's marriage, and those two reasons were, Ist.
That the lady should be Miss Hanson; and 2tlly That the mar.
tinge should take place that day. We 11; the marriage according.
ly takes place; a deed was then signed—a deed engrossed in
blank; and such a circumstance the oldest lawyer in Court could
not remember. ' In whose keeping was it deposited ? In that
of Mr. llanson's son, Charles. Who engrossed this deed ? A
stationer, who had never been employed before that time by
Mr. Hanson. Then how was it signtal P In silence—a silence im.
plicatory of somebody moving as quietly as possible in this dark
deed, which could not bear the light of day. If any love of fair
name possessed oy actuated Mr. Hanson, nothing on earth would
keephim from that witnesses' box, to refute the serious charges
brought against him. Referring to the previousinquiry, it would
be remembered that it was merely supported by affidavits
—that the eminent medical Gentlemen who had come forward
upon the 'present occasion, had not then formed the decided
opinion of his Lordship's state of mind they had since done,
and ]the inquiry was not proceeded in ; but eight years of
crueltYr-cot, Years of infahlk,-light years of tripmpbant con..
spiracy--eight years of disgusting and dishonourable collusion—
had since transpired,. and the preseneComminsion was support.
eel by evidence of a much stronger nature than that which was
atiductel upon the former occasion. Mr. Demnan concluded a
most able, eloquent, and argumentative speech of two
hones' duration, by calling upon the Jury for a verdict,
that should place the person—the property—and the life of
this unfortunate Nobleman in their hands, whose first
object was to rescue his Lortlehip from the eontroul of those
who had embittered his 'past life, and whose every exertion
would be used to secure to him every comfort, of which, under
the deplorable circumstances of his lamented situation, he was
susceptible. .
Sergeant Peet. then addressed The Court and the Jury, ob-
serving, that he rose with extreme hesitation, when he reflected
upon the important interests that were intrusted to his care.
Early in those proceedings, he thought that notwithstanding his
declaration of being the advocate of the Noble Earl, there was
he thought, or there appeared to him to he, an existing belief
of his appearing in this Court, as the Counsel of the Countess ;
there was not' however, any one present who thought of the
cruelty that !NW been inflicted upon the Noble .Earl with
more horror than' he did ; that horror had been increased
by the interviews he had lately had with his Lordship, by the
language, by the acts of the Noble Earl, and when his Lord.
ship took his hand with tears in his eyes, pressed that hand
to his heart, committing his most Important interests, to his
care, he could not but feel that he had to sustain interests of a
most tremendous weight, and which he was bound to support
with every exertion he was enabled by Providence to make.—
The Commission was issued to in whether John
Charles, Earl of Portmouth, is a lunatic, or enjoys lu.
cid intervals, so that he is unable to manage his person,
his manors, mettsuages, and tenements ;--and if so, from
what date, how, and in what manner?" The term, .un.
'soundness of mind, was one of very late introduction into
the verdicts of Juries.—lf reference was made to a book en-
titled, " Tomlinson on Lunacy," it would be found there
said " nos co mpes mcntis" was much better understood in the
time of Lord Ilardwicke than at present, to persons to whom
the same protection was to be aflonied as to lunatics." The
Learned Counsel then referred to the case of Bennett v. Sir
John Lee e the defendant in that case would appear 50 come
directly within the melt of terns unsoundness of mind; yet
Lord Harclwicke observed,thet although he was the weakest man
he ever met with, yet, as he was neither an idiot nor a lunatic, lie
gave to the plaintiff the equity right of certain deeds which
had been conveyed to him by Sir John Lee. The law made
a distinction between idiotcy and lunacy, which was also
understood by the term non mniro.! tuna. ; if a person,
through weakness or imbecility of mind, was persuaded by
another to execute deeds to which be should not have put his sig.
nature, that person might he removed in the Equity Court;
1 but his lunacy could be established by that fact, and as the
law stood, no verdict of son compot ?ratans could be returned
without the alteration of the law by a special Act of Parliament.
The Learned Serjeant then adduced a variety of cases which
he thought applicable to the one before the Court. if
silly or of weak understanding,'that is no nation why he should
be treated as a lunatic or an idiot ; for if your4terdict should
tint be found as the gentlemen on the other aide would wish,
I his person and property will still be under the protection of the
Loft! Chancellor, as a person of weak understanding; the con.
' trary was artfully pressed upon them by nose who would sup.
Port the present Commission, but if the Jury should 'se deter-
mine, the Learned Serjeant could assure them his Lordship's
person and property were still safe. ''`.'With reference to the term
' unsoundness of mind," he should refer the Jury to the best
possible authority. As early, in fact, as the reign of Edward I.
he found an Act of Parliament, which gave the first definition
of the state of the mind to which he alluded; it was there written,
" That it concluded that all persons being of full age, out of
prison, and of good memory,. were capacitated to purchase
lands that had been alienated The next statute necessary
to be referred to was that under which alone the present
commission could be issued; it was entitled a statute in press.
gait% regis, 17 Edward II.—" The King shall have the pro-
perty of lands of natural fools—also the King shall provide for
those who have had the use of their minds but have lost them,
for the safe keeping of their lands and chattels." There
was also another, 39 and 4th George 111, ch. 94, and related
to persons under the charge of felony, who in consequence of
the unsoundness of their minds, had been found "" not guilty."
Connecting. the terms ""unsoundness of mind" and " insanity,"
could the Jury, he would ask, after all they bad heard upon the
subject, from all the eminent men who had been examined, tin.
derstand the difference ? Conld any of them give clear and this..
tinct definitiona of the tests? He was aware how immensely
important strict definitions were in a ease of this description,
and it Was with * the view of arriving at suchdefinitionse

that he had premed the surgeons, and. other men movement
upon the subject, more closely than Was. generally `considered
necessary. He had, however, obtained from them no fair
definition,' no statement of the manner in which the derange-
ment of the facultiei, constituting lunacy, operated upon
the mind. The clearest definition he had met with was
from a work of much authority, where Innacy was defioed
to Too hurried a succession of ideas, going en with
phrenzied steps, new and strange, and' adopting as true
those conceptions which were false." The Jury could not
give a verdict that the Noble Lord's mind was unsound
before they were satisfied what an unsound mind intaint.—
No acts that had been proved in this case, provesLunsoundness
of mind. They proved weakness, certainly bu nothing more.
Lord Portsmouth's mind was weak, he at mitred, but by no-
means unsound, or coming within the legal definition of in-
sanity. In fact, all his acts "were those of weakness. At the
earliest period of his life, his Lordship could riot have been
what he was represented to have been. It would'be Fovea
that upon the evidenceof this idiot, this lunatic, as he was de-
scribed, a man had been convicted of an atrocious oftence. It
would be. proved, that on the trial, Lord Portsmoiith under-
went a rigorous cross-examination. The use was this—in
1802 or 1803, a man sent his Lordship a letter. threatening
to expose him as fi person guilty of an infamous offence, if
lie did not give him a sum of money ; his 4)1.444, with
great firmness spurned the threat, and proasonted the
writer for having endeavoured to extort money of hirn.—
Unfortunately, no report of that trial could be for ad, I,ut titer
had got the briefs of the. Counsel who were engaged .In'
the cause, of Lord Erskine, Mr. Knapp, and Mr. justice
l3urrough,, and from the notes on the briefs, it would appear.,
that hie Lordship, on the trial, underwent a long cross-exa,
urination, such as no person in the state of mind with which
his Lordship was said to be afflicted, was capable of un-
, dergoing, without betraying obvious evidenCes of ..ineapetti-
lity, especially as Mr. Gamow was the Couosel on the
opposite . side,: it was perfectly clear from the testimony
lof Mr.. Skim*, that any contracts entered' into by Lewd
P. in 1808 could not have been invalidated in a Court of
evity, on the ground that his Lordship was in an unfit state a
mind, nor could the defence of lunacy have succeeded in a railer
of law against an action brought upon auy contract entered into
at that time; that he was not of the description meant by " a than
uf unsound mind." The Jury had heard 'What his Lordship had "
said the day before respecting his marriage with the present Lady.
P. liis Lordship wished very naturally to bring punishment;
upon one whose name he (Ser./. I'.) could not pronounce without
disgust. His Lordship alight indict Aider for any assault corn-.
mitted on him, and he hats the means of redressin his own power,
and baying such means, why was this tneasuretnecessary for his
safety ? Why was it necessary to place him under the iron con.;
troul of a commission of lunacy ? Was not his property rife ?
Was it not under the commitl of honourable, trustee,? That
Lord Portsmouth had a just notion of the treatment he had re-
ceived at the hands of the Hanson family, and such a sense of
it as would prevent him from again putting himself in their
hands, the Jury must have been convinced in their examination
of him yesterday. If then the person and property of his Lord-
ship were safe, what imposed on the Jury the necessity of
throwing their protection round his Lordship by their ve*Ct,
declaring him to be a lunatic ?
The Learned Serjeant will continue hie speech this'
A djoumed.

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