The Sun.
London, England, 1870-02-26 00:00:00

THE SUN, LONDON, SATURDAY EVENING, FEBRUARY 26, 1870.

tint the matter did not stop there. He saw her again ;he
rode with her in the train to Beading ; and three days
after he went to Walton, and stayed four days. the sole
truest of Lady Mordaunt.
Dr. Deane said there were two other points.
Lord Penzance said he should be glad if this was true.
Mr. Inderwick thought it was.
Lord Penzance said then his remark must be NI ith-
.

There were other facts in evidence, one being that
immediately after confinement Lady Mordaunt said to
the nurse, " That child is not Charlie's ; it is Lord
Cole's." The evidence against Captain Farquhar
was not so strong • and, indeed, there was
little against him 12A. the evidence about the

burnt later. His lordship examined the evidence on
this point given by Bird, the butler, and Clarke, the
lady's maid, pointing out some elements of suspicion.
The case with reference to Sir F. Johnstone was of a
character so slight, that if he were trying the question of
adultery he would be obliged to tell them there was no
evidence of it independently of the statement of Lady
Mordaunt. Beyond the fact of his being a
visitor at the house, the whole evidence was
that he stayed late after dinner on one occasion,
It was hot correct that Lady Mordaunt was then up in
town clandestinely ; and he hoped we had not arrived at
such a point that because a gentleman dined alone with a
lady, we were to assume that, therefore, adultery was
committed. In going through this part of the case, he
must not omit the evidence as regarded the Prince of
Wales. There were three witnesses called on this point,
and their statements were evidence simply of visits.
Although he should, if they were trying the
question of adultery, be bound to tell the
jury that there was not the slightest evidence upon
which they could find adultery. The statements were
that a gentleman called upon a lady frequently at an
ordinary hour of the afternoon and stayed a time more or
less long ; sometimes an hour and sometimes more. There
was one fact introduced which presented some appearance
of peculiarity, namely that no one else was admitted
while the Prince of Wales was in the house. But as stated
by the learned counsel for Lady Mordaunt, that
was done in conformity with the established etiquette in
all European countries that wherever a royal personage
made a call, the doors were closed during his stay. Setting
aside the admissions of Lady Mordaunt, he should have
withdrawn such a case as this also from their consideration
as one on which there was no evidence with which they
could deal With much pleasure he passed from this part of
the use, and approached the real question, namely, the
sanity or not of this lady at certain times. There was no more
difficult matter than to find words to accurately express
what was in the mind on this question of sanity or in-
sanity ; and therefore he prefarred to put the issue thus—
Was the mind of thie lady so disordered that she was unfit
or unable to instruct her attorney for her defence ? The
respondent's counsel confined himself to the period from
the 30th April to the present time. The petitioner
insisted on introducing an earlier period—that between
her confinement and the 30th of April ; so that they had
two periods—March and April, the first period ; and from
April to the present time, the second period. No doubt
the question they had to decide was connected with the
second period; but still they could not be asked to form
an opinion on the second period without knowing some-
thing of the first. Two tests were applied by the learned
counsel for the petitioner to prove sanity. In the first
place he said : "If the statements this lady made
were true, there is an end of the question ;"
and in the second place he asked " What reasonable
things did she say or do ?" But it would be right for the
jury to ask, whether, supposing it were true that Lady
Mordaunt had committed adultery, it was quite certain
she was in a sound state of mind when she made confes-
sion of it. Was not the time of a woman's confinement
the time when her mind was more shaken than at any
other ? And in such a condition, even provided she was
not absolutely insane, was she sure never to refer to any-
thing that had never taken place ? Was it beyond their
experience that in certain conditions of the mind a person,
not insane, would state that which was true and add to it
that which was false ? Was it possible that a woman might
confess guilt, and acted upon by a consciousness of that
guilt, state other things beyond it ? Then they must ask
why the lady made such a damning confession ; a
confession that would ruin her character for
life. It was said that she did so because she
knew that the child was diseased, and that her guilt must
be discovered. If that was so, then they would find a
person acting in a reasonable way from a reasonable
motive ; but the facts did not support that position. The
dates and facts, on the contrary, disproved it. On the
Monday and Tuesday she stated that the child was Lord
Cole's, but at that time when she asked if there was any-
thing the matter with the child, the nurse replied " No."
It was not seen that anything was the matter with
the child until later. Notwithstanding that, Lady
Mordaunt made her confession. It might have been
thought that she would do so in the hope of obtaining her
husband's forgiveness; but the evidence shewed that she
would not seek such forgiveness, saying she would stoop
to no man. He made these observations because through-
out the case it had been assumed far too easily that if
there was truth in what Lady Mordaunt said, there would
necessarily be so to shew that she was sane. The
other part of this subject related to the question
whether Lady Mordaunt did things which were reasonable.
But here, again, the question must be asked—ls it not
within our common knowledge that persons whose minds
are disordered will constantly speak very reasonably upon
many topics ? Apart from monomaniacs, who would talk
sensibly of every subject but one, would they not find in
any lunatic asylum number of persons who could answer
question reasonably? Therefore he thought the proper
question to ask was—What unreasonable thing did she do or
say? The learned Judge quoted from the evidence re-
lating to the time of the confinement, and especially called
attention to the letters of Sir Charles Mordaunt to Lady
Louisa Moncrieffe, as sheaving that his wife was in a
peculiar state. These letters wore written after the con-
fessions, and this shev.-ed that Sir Charles Mordaunt did
not believe them then. In fact, he did not believe
them until he found the other letters in her desk.
The learned judge, alluding to what he called the "his-
torical part " of the case, described how Lady Mordaunt
left Walton on the 15th May, and went to London under
the care of her father, and there wrote the letter of the
IGth May. Supposing it to be a genuine letter, it
seemed impossible that a sane person could have written
it while she understood that she had left her
husband's house for ever. Although in other respects
is was a perfectly reasonable Jotter. As to the alleged
shamming of Lady Mordaunt, what could she hope to gain
by imitating insanity, when she must have known that to
be successful the deception must be maintained all the
rest of her life ; unless, indeed, her object was simply to
prove that she was insane at the time of her confinement,
aid therefore her statements were not to be credited. After
reading the evidence descriptive of Lady Mordaunt's condi-
tion and conduct at Worthing and at Bicldey, and pointing
out the conflicting testimony on some of the 'points, his
Lordship referred to the fact that Dr. Tyler Smith con-
firmed Sir James Simpson as to the delusions of persons
suffering from puerperal insanity, and that there was no
evidence to show that Lady Mordaunt, whatever she
imagined was actually diseased. One or two broad views
presented themselves. Were there any facts to show where
the line could be drawn between the sanity and insanity
of Lady Mordaunt after her confinement ? Those who
denied her insanity had not been able to controvert the
acts and conduct on which others concluded that she was
insane ; nor had they been able to controvert that con-
clusion, provided that the acts and conduct on which it
was founded were genuine. It was admitted by the peti-
tioner himself that she was now insane ; could it be
said that by simulating unsoundness of mind Lady Mor-
daunt brought on real insanity ? The two questions he
had to put to them were—First, whether Sir Thomas
Moncreiffe had established that on the 30th of April
Lady Mordaunt was in such a condition of mental dis-
order as to be unfit and unable to answer the petition and
to duly instruct her attorney for her defence ? And,
secondly, whether Sir Thomas Moncrieffe had in like
manner established that Lady Mordaunt became so unfit
and unable at any time since the 30th April, and if so,
when ?

IL- Lordship's address, which occcupied over three
hours in delivery. concluded at 2.26 p.m.
The jury immediately retired, but returned into court
at 34 minutes past 2.
Being asked whether they found that the respondent
was, on the 30th April, in such a condition of mental
disease as to be unable to answer the petition and duly
instruct her attorney for the defence,
The Foreman replied : She was unfit. (A slight attempt
at applause was repressed.)
Lord Penzance : The other question is not' materipl T
suppose
Dr. Deane : We should be glad to have the verdict o,
the second point.
The Foreman : We are of opinion that she is still um
and has been ever since.
An application as to costs stood over.

It is proposed to erect a cottage hospital at
Shaftesbury as a memorial to the late Marquis of West-
minster, available for the inhabitants of the neighbourhood.
A committee consisting of clergymen and gentlemen has
been appointed to carry out the object.
With reference to the extensive naval frauds which
have been lately discovered in the Victualling-yard at Gos-
port, it is now reported that the offenders will not be brought
to justice, their confession having been secured by the pro-
mise of immunity from legal punishment.

Hobart Pasha, the British naval captain in the
employ of the Turkish Government .has offered a composi-
tion to his creditors, which they have accepted. The
salary the bankrupt receives from the Sultan is £3,000
a year ; and he sets aside a certain portion till his credi-
tors have received ss. in the pound.

It is stated that a large and influential deputation
from Ireland is being organised to wait upon Mr. Gladstone
with reference to the Land Bill, and especially with regard
to the " contracting out clauses, and the diminishing scale
of compensation," which, in the opinion of the objectors,
affords inducements to evict the small tenantry.

In committee on the Ballot Bill, Mr. Cadogan
will move that every voter shall be at liberty to attend at
the appointed place to register his vote, any hiring or
employment notwithstanding. Any person attempting
to hinder any voter from proceeding to the place of elec-
tion shall be guilty of a misdemeanour, and be liable
also to forfeit £5O to any person who shall sue for the
same.

All doubt as to the fate of the Blue Jacket, of
Boston, portions of which have been washed ashore on the
east coast during the last few days, have now been set
at rest by the arrival of the crew at Colchester yorterday
in tiro fishing smack Celerity. The vessel struck on
the Long Sand on Monday last. A fearful sea was running
at the time. The crow took to the rigging, where they
remaiued upwards of six hours, when they were- rescued.
The vessel was on a voyage from Newcastle to tiouthamp-
ton. and she is now a total wreck.

A. man, named. Tredwell, was charged, at the
Coventry County Petty Sessions, with allowing his dogs
to worry two sheep, the property of Mr. Cagton, of
Monk's Kirby. It was proved that the defendant had
three dogs answering to the description of those seen
chaAng the sheep, and the Bench inflicted a penalty of
£7 165., including the value of the two sheep, which were
killed, and the costs.
STATE INTERFERENCE WITH FRIENDLY SOCIETIES.
—A meeting has been held, under the presidency of the
Earl of Lichfield, to consider the bill introduced by Mr.
Lowe on the subject of friendly and benefit societies. A
pa7cr was read, it which it was said that the abolition of
the office of Registrar would have most important effects.
Statistics were given which shoWed that there had
hssn in 1868 an increase in the deposits amounting to
iJ,000,000, and in 1869 there could be no doubt that a •
further increase had taken place. ' There were 27,000
societies having 3,000,000 members and receiving more
than £4,000,000, while not less than £l5 000,000 was in-
vested. Lord Lichfield said that he did not think there
was sufficient information in the hands of the Government
tO enable them to go beyond a measure similar to that
Vlich he had introduced in 1868, and he thought a conk
mission should be appointed,