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

MUSEUMS.

Antiquarian—Somerset House. Admission by application
to the secretary.
Botanic—Royal Botanic Society of London. Regent's-
park. Admission daily by orders from fellows. Royal
Gardens, Kew. Open daily, 1 till 6, free.
British—Great Russell-street. Open free on Mondays,
Wednesdays, and Fridays, 10 to 4 ; summer months 10
till 7. Closed lst till 7th January, lst till 7th May, and
Ist till 7th September; also on all thanksgiving days.
City—Guildhall. A collection of antiquities, &c. Daily
10 till 5.

Geological Jermyn street. Open daily (except Fridays)
free.

India—lndia Office, Charles-street. Asiatic natural his-
tory, antiquities, &c. Open free on Mondays, Wednes-
days, and Fridays, and on Thursdays by orders.
King's College—Strand. Anatomy and curiosities. Daily
10 till 4.

Patents—South Kensington.
Open free daily.
Royal Institution--21, .Albemarle-street. Various objects.
Daily, 10 till 5.
Royal Military Repository—Woolwich. Models of forti-
fications, cannon, and warlike appliances. Daily, 10
till 4.

Models and inventions.

Royal Polytechnic Institution-309, Regent-street. Scien •
tific, with lectures. Open daily, till 10 p.m. Is.
Soane's-13, Lincoln's-inn-fields. Antiquities, curiosities,
and pictures. Open Wednesdays, Thursdays, and Fri-
days in April, May, and June; and Wednesdays, from
February to August. Admission on application to the
Curator.

Society of Arts—John-street. Adelphi. inventions, pic-
tures, curiosities &c. Daily : admission by member's
order.

South Kensington—Cromwell-road. Opon on Mondays,
Tuesdays, and Saturdays, 10 till 10, froe ; on other days
10 till 4,5, or C. Gd.

Tower of London—Ancient armour, &c. Open daily, if
till 4. ls.

PICTURE GALLERIES.

Bridgewater Gallery—Cleveland-square. Cards to view
may be obtained from Mr. Mitchell, Old Bond-street.
British Artists—Suffolk-street. April to July. is.
Masters, June, July, and August. is.
Buckingham Palace Pictures. —May be viewed by an order
from the Lord Chamberlain.
Cartoons of Raphael—South Kensington Museum Mon
day, Tuesday, Saturday, free ; other days, Gd.
Crystal Palace—Sydenhani. Modern Pictures and Sculp-
ture. Is.
Dulwich Gallery—Dulwich. Chiefly Flemish and Dutch
Pictures. Open free daily, except Friday.
Flagman Gallery—University of London, Gower-streot.
Foundling llospital—Guildford-street. Opon Mondays,
le till 4.
Gallery of Anciert Masters-49, Pall. is.
Greenwich Painted Hall -Greenwich. Mondays and Fri
•

days Free: other days, 4d.
Guildhall—City. May be seen on application to the Ind:
keeper.
Hampton Court Palaco.—The galleries aro open free aaily
earept on Friday.
Monument—Fish-street. flill. Every day. Gd.
Nati,lnal Gallery—Trafalgar-Nu:tr.. Open free, Mundayo,
Tuesdays. Wednesdays, and Sat..rditys.
Trinity House -Trinity-square, Tower-hill. Models of
lighthouses, Ste. Dai!y, 10 till 4.
Tussaud's Waxwork-58, Baker-street. Open daily till
10 p.m. 111.

SURCRBAIsT PLACES OF RESORT.
Cromorno Gardens—Chelsea. la.
Crystal Pa'ace ?ark—Sydenham. Open daily, ls.;
Satnr-
days, 2s. Gd.
Greenwich Park - Greenwich. Orr. free
Hampton Court Gardens.—Open free daily.
Barn and Gardens llighbury. Gd. and Is by
refreshment tickets.
Kew Gardens - Kew. Open free, daly at of A o'clock
Biehrro,d Park—Richmond. Open free, daily.
Roshervillo Gardens—Gravesend. Open daily. Gd.
Royal Horticultural Gardens—Kensington. Admission by
members' order.

The tenth gener.il meeting of the Varna Rail-
way Ct.rnpany is called for the 25th March.

THE MORDAT.M7' CASE.

SEVENTH DAY.

• FRIDAY.
The trial of this case was continued to-day, before
Lord Penzance and a Special Jury.
Mr. Serjeant Ballantine, Dr. Spinks, Q.C., and Mr.
Inderwick, were for the petitioner ; Dr. Deane, Q.C., and
Mr. Archibald, and Mr. Searle for the respondent. The
Attorney-General, Sir John Karslake, Dr. Tristram, and
Mr. Lord held watching briefs.
On Thursday afternoon the case had been concluded so
tx as the learned counsel were concerned ; and it now
Ally remained for the Judge ordinary to sum up. Before
the adjournment of the court on the previous day his
lordship had stated that in putting the issue to the jury,
he proposed to ask them, first, whether the respondent
was on the 30th of April in such a condition of mental dis-
order as to be unfit and unable to answer the petition,
and duly instruct her attorney for her defense ; and,
secondly, if she was then in such a condition, did she at
any and what time afterwards cease to be so ? If they
wished to say anything on this subject next morning he
would be glad to hear them.
This morning the court was as much crowded as on any
of the preceding days.
When the Judge-Ordinary took his seat, some conversa-
tion took place between him, Dr. Deane, and Mr.
Serjeant Ballantine as to the issue to be submitted to the
jury; and finally it was agreed that the second point
should be slightly altered from the form given above, and
stated as it was subsequently put to the jury by his lord-
ship.

Lord Penzance then proceeded to sum up. He observed
that they were now approaching the end of this inquiry,
and the learned counsel, he was happy to say, agreed with
him as to the questions which were to be submitted to the
consideration of the jury. He had no doubt that they
would give as much attention to this part of the case as
they had bestowed upon it throughout, and he had as little
doubt that if they did so, they would arrive at a just
conclusion. The case had occud a great deal of time
and a great deal of attention. Perhaps there had
been no case for years which had occupied
so much public attention as this had. There were
some who thought that matters of this kind, arising
between husband and wife, should become the topics of
public discussion ; and there might be some who thought
that such public discussion—carrying with it, as it did, a
knowledge of immorality and other matters which every-
body would wish should be kept from the eyes of the
many—was not desirable. And it might be said—probably
had been said—that the avidity shewn by the public to
take part in this trial was to be deprecated, as shewing a
desire to participate in the investigation of
immoral subjects. But he was not quite sure
that this was a correct description of the reason why so
much attention had been paid to this case. Those who
stood in high places were always the objects of atention.
If mere detail; of immorality or divorce cases were inter-
esting, he was scary to say that scarcely a day—certainly
not a week—passed, in which they were not accessible in that
court. But in truth it was on account of the position in
society held by those who were implicated in this
matter that so much attention had been attracted to it.
Surely it was natural that those who stood in high places
should be conspicuous, and those who were conspicuous
naturally attracted attention. It
.was no doubt an evil
connected with this *ate of things that in an inquiry
which was properly instituted only between husband and
wife, evidence was given and remarks were made
which more or less affected the character of other persons,
some of whom were no parties to the inquiry. And it
almost savoured of injustice that they should be discussing
in a Divorce Court details which, it was true, primarily
affected the parties to the suit, but which, in their secon-
dery effect, dealt a serious blow at the character of others.
It seemed the more to be an injustice because sometimes
there parties were not always entitled in law to instruct
counsel to defend them. Still, if this was an injustice,
was it not a necessary one ? Was it possible to
conduct an investigation of this kind fairly,
heneetly, and truly, without sparing anyone, if
they were to keep out of sight the circumstances which
would tend to injure other persons? It seemed to him to
be impossible and that the supreme interests of justice
were served by permitting all matters material to the
issue to be gone into, however much they might affect
the interests of others. And he was not quite sure that
these were not some corresponding benefits arising
from the great publicity with which such cases were con-
ducted in this country. Indeed he was sure that with
regard to the persons to whom he alluded as
having been introduced into this case, that they feel that
publicity of the investigation had its advantages. This
began something like a year ago. In the month of June
last affidavits were filed in this court, the purport of
which became more or less public. " The Warwickshire
scandal," ai he thought this case had been called in the
newspapers, was by no means a private matter.
Throughout the country people were busy, as they
naturally might be, with all that concerned a person
like Sir Charles Mordauut. Many tongued rumour
gave a dozen accounts of those implicated in this matter ;
ant while such rumours were going about in all classes of
society, was it altogether an evil that they should in open
thy and in (pen court investigate these matters? No
doubt they were not called upon to give any verdict on
those matters affecting other parties ; but was it not a
bsnefit that al that was known, or to be proved, or to be
sleeken of, should be done in open court, without fear or
favour ? The case on the part of Sir Charles Mordaunt
heel been conducted by an intrepid advocate, who
weuld shrink from nothing which he felt it his duty to
de in the interest of his client, who was a consummate
m titer of his profession ; and, after everything which in
hi; jial en-lent could be brought forward with advantage
he'd been heard, he (Lord Penzance) could not help
thinking that they were no losers by all that had been
said or done. As regarded the Prince of Wales, and the
otliers whose names had been mentioned, this investiga-
tion had taught them precisely what was known, what
could be proved, and what was true ; and he thought it
mist be a matter for congratulation to them, as the
result of what could be proved, certainly as regarded the
Prince of Wales, the advocate for Sir Charles Mordaunt
said honestly and fairly, "This is all that I can put before
you to justify the statements which Lady Mordaunt made
in relation to the Prince of Wales, and I do not now im-
pute that he was guilty of the crime of adultery." And
it was only. just to the learned counsel to state that
what he said after hearing the evidence about the Prince
of Wales, so he had said substantially when he opened
the case. He (Lord Penzance) feared he had caused the
learned counsel some embarrassment by suggesting that
no names should be individually mentioned ; but
on reading the shorthand writer's notes, he found
that Seri eant Ballantine did not impute at
first, as he • had not imputed in the end, any-
thing like adultery to the Prince of Wales. With
these remarks he would leave this part of the subject. It
would assist the jury somewhat to know more than they
had yet been told as to the course which this case had
taken from the first. The petition was filed
and served on the 30th of April, and according
to the practice of the court, the respondent would have
been allowed three weeks to answer. But the advisers of
the respondent, considering that she was not in a proper
state to give instructions, came before him, and stated
that in such a condition of mind, the respondent could
not be expected to answer within the usual time.
That representation was very fairlyreceived by Sir Charles
Mordaunt in the first instance, and the summons for
extension of time was allowed to stand over from time to
time. Affidavits were made from time to time also, and
in the result Lady Mordaunt having gone to Worthing,
and being there in charge of her father, about the 6th July
the court made an order that the medical men engaged on
the part of Sir Charles Mordaunt, should be allowed to
go down to see her, so that the question of the state of her
mind might be brought to a point. On the 10th of July
four medical men went down—Mr. Orford, Mr. Jones,
Dr. Reynold's and Dr. Burroughs. After they reported
it was said by the other side that some time would be
required to answer their affidavits, and in the result on
the 27th of July, the summons for time to answer this
petition came on to be heard before him in chambers.
Having these affidavits of the doctors on one aide and
those of the servants at Worthing on the other, referring
to Lady Mordaunt's habits, he felt that it was impos-
sible for him to determine the question whether
further time ought to be allowed until it was shewn in a
more satisfactory way whether Lady Mordaunt was in a
condition to answer. Therefore he suggested that it was
desirable that the matter should be tried before
a jury. Upon that an appeal was filed for-
mally for the purpose of raising the issue, and
so the case came before the jury. There was one
proved ; that Lady Mordaunt was now unfit to answer
there would be an end of Sir Charles Mordaunt's suit.
And, further, it had never yet been decided—it was an
open question—whether, supposing Lady Mordaunt was
out of her mind, Sir Charles could not go on with the suit
notwithstanding. That was a matter which counsel on
either side would have to argue. There was not a word in
the statute under which these proceedings were taken to
determine it. In Criminal matters they could not
advance a step if one of the parties was out
of his mind ; but in civil matters that was a
point which had been somewhat misrepresented, and that
was as to what would be the effect of the verdict one way
or the other. It was clear that if Lady Mordaunt was
out of her mind, and that if in the course of a year, or
two years, or five years, or any number of years, she
ceased to be our of her mind, and was restored to her
reason, Sir Charles Mordaunt would have as good a right
to a divorce as any he had now, and he would at such
future time be able to come to that court and make pre-
cisely the same demand as he did now. Therefore, it was
wrong to say that if it was so, because the " next friend"
could come forward and act for the person accused,
this matter of adultery occupied in some aspects a
middle position between civil and criminal
affairs. These remarks would not be material if
it had not been for certain topics which had been brought
to bear by the counsel for the petitioner. The topic
which had occupied the greater part of the attention of
the jury was the question whether Lady Mordaunt did or
did not commit adultery. Qf course that was not the ques-
tion which they had to determine ; it would not be
their duty to give a collective oobelon on that head ; but
the question of Lady Mordaunt's misconduct was intro-
&iced for the purpose of drawing an inference, so that they
world have to weigh the evidence upon that matter ;
for the purpose of ascertaining how far the statements
made by Lady Mordaunt just after her confinement were
true, or were made without reasonable foundation. These
statements of Lady Mordaunt were not introduced
in the ordinary way to prove the adultery ; but the
adultery was introduced to prove the correctness of the
statements and the sanity of the respondents. Thus the
usual process of reasoning was reversed. They had, there-
fore, to ascertain, setting aside the statements, how far
there was evidence of the truth of the facts to
which these statements referred ; for if the statements
were true that fact would go some way to prove that
sanity' though not so far as had been as-
sumed. With regard to Lord Cole, the inde-
pendent evidence seemed to be of a cogent character.
pointing to a number of cases which had been described.
Whether these circumstances proved that Lord Cole was
the father was not so certain, but it was proved that on
the 27th of June Lord Cole dined with Lady Mordaunt,
and was alone with her for an hour and a half. Was it
according to the usages of society that he should do so?