The Sun.
London, England, 1850-10-04 00:00:00

COMMISSION OF LUNACY.

Yesterday a commission under the great seal was
opened at the Sheriff's Court, Red Lion-square, be-
fore Mr. Commissioner Barlow, one of the Masters in
Lunacy, and a special jury of eighteen, to inquire into
and ascertain the state of mind of Mr. James Fermor,
of No. 6, Fitzroy-street, Fitzroy-square, an aged
gentleman of large fortune.
The commission was issued upon the petition of the
Earl of Sefton, the Marquis of Delaforce of the Re-
public of France, in right of his wife, and Lady Maria
Massey Stanley, as next of kin. They were now re-
presented by Mr. Bramwell and Mr. Wilkins, and the
Solicitor- General, Sir A. E. J. Cockburn ; Mr. Bar-
stow and Mr. Bird appeared on behalf of the subject of
the inquiry, Mr. Fermor.
The Learned Commissioner made a few observa-
tions to the jury explanatory of the nature of the in-
quiry, and _ _ _

Air. Bramwell proceeded to open the case on behalf
of the petitioners. He said he apprehended that when
Mr. Fermor was introduced to the notice of the
jury, there would be little doubt in their minds
that he was at the present moment incapable of ex-
ercising any control over either himself or his pro-
perty. But he believed he should be able to show,
by evidence, that Mr. Fermor had been in this un-
fortunate condition for a great number of years.
His age was 76, and he was the son of a gentleman
who had large possessions in Berkshire and Oxford-
shire. He was not brought up to any business or
profession, and in the earlier part of his life he had
come into the possession of large sums of money,
which afterwards were augmented to some consider-
able extent. He (the Learned Counsel) was not pre-
pared to say that he bad been an idiot, or insane from
his birth, but he had always been of weak and feeble
intellect, and be was considered by all who knew him
to be affected as regarded his mental constitution.
Mr. Fermor's only direct relative, his sister, died
about three years ago. During her lifetime she was
frequently applied to to take proceedings to protect her
brother's person and property, but she was also sin-
gular in her ways and habits, and refused. The next
of kin, however, had now taken that course, and it
would be for the jury to say, applying common sense
to the evidence, whether they were not satisfied that
for at least twenty years this gentleman bad been in-
capable of managing his own affairs.
Mrs. Caroline M.lcalty, widow, had known the
lunatic for nearly forty years. She knew his brother
William, who died in 1828. Was related to the lu-
natic. She knew him well, intimately in the early
part of the forty years. From 1824 to 1829, she
visited him at his cottage, Earl's-court, Brompton,
and stayed with him sometimes a week, sometimes a
fortnight. She always considered him of unsound
mind. He was guilty of all sorts of ridiculous and
trifling actions. In conversation he had a set form of
answers, which was "She is holy, she is holy ; she is
Catholic and Catholical ;" and when saying this he
would cross himself. He was generally in liquor. He
frequently asked why his brother was burning in hell
He once received an anonymous letter, relating to
the death of his brother, warning him that he would
die as hz: had lived, in drink, and the contents of this
letter he was continually repeating aloud. The last
time she saw him was at No. 6, Fitzroy-street. She
was denied the house at first, by order of a. Miss
Jones ; but she insisted upon being admitted. When
she was shown up stairs Mr. Fermor did not know
her. That was in November, 1848. Had not seen
him since.

Cross-examined by the Solicitor-General—Mr.
Henry Smyth was the principal instigator of these
proceedings. Thought Mr. Fermor crazy during the
whole of the time she had known him.

Some letters relating to money matters be-
tween Mr. Fermor and the witness, were then put
into her hand, and in answer to the question whether
she thought him crazy, when asking him for the loan
of money, she replied that she could not say, and in
reference to some letters respecting domestic matters,
sho admitted that she had solicited Mr. Fermor to
interfere between herself and her husband. She did
not recollect writing to him about the executors of a
Mrs. Fitzherbert. She had no interest in the result
of this inquiry.
The Solicitor-General here said he should not deny
that at the present moment Mr. Fermor was not in a
sound state of mind, but he proposed to limit the
period of his mental incapacity to within four or five
years.
Mr. Henry Smyth deposed that Mr. Fermor had
been of eccentric- habits, to his knowledge, since 1824.
He had an uncle who died a lunatic (under a corn-
mit-sion). He once put his finger into a red-hot to-
bacco pipe, and seemed quite astonished when told
that he would burn himself. He was not cleanly
personally. He was in the habit of reciting the con-
tents of the anonymous letter, and some of the most
beautiful passages in Scripture, and concluding with
a " hip, hip, hurrah !" Witness knew the Gunston
family. The lunatic said he bad given Mrs. Gunston
5,0001., and seemed to be under the influence of a
threat by Mrs. Gunston, that if he did not pay the
money Mr. Gunston would sue for a divorce and get
damages. The witness heard this from the lunatic
himself, who said besides, " You know, Harry, he
might shoot me." In October, 1832, he was attacked
with delirium tremens. In 1838 he was under the
control of Miss Emma Jones. Witness frequently
called upon Miss Fermor in reference to proceedings
being taken to protect her brother. She refused, and
said she did not care for her brother. He had been
refused admission to the house in Fitzroy-street.
In cross-examination the witness said he had been
a collector of Customs at the Cape of Good Hope. He
was not brought up to any profession. It was th•
wish of his uncle that he should live with him. He
had drawn cheques on Messrs Wright's bank for Mr.
Fermor. The cheques were made payable to him,
and, therefore, his name appeared in the bankers'
pass-book (produced). He never applied the money
to his own use ; he paid it over to Mr. Pennon Ile
was in receipt of an annuity of 201. front Mr. Fer-
mor, who doubled it in 1838 at his :request. It had
not been paid lately. When he went to Fitzroy-street
Emma Jones said she had to account for all moneys
paid away by her to Mr. Willoughby Gunston, who
had the sole and entire control of Mr. Fermor's affairs,
and she was mistress in the house. She required a receipt
for his annuity, but he would not give one, and went
away. He applied to the petitioners after the death
of Miss Fermor. He had heard that there was another
sister who was a nun. Did not know whether such
was the case. He had a bond executed in 1832 by
Mr. Fermor, securing to witness an annuity of 1401.
after his death. No consideration was given for that
bond. Mr. Fermor executed it at the suggestion of
Colonel Garwood, an intimate friend of Mrs. Fit z-
herbert, who was Mr. Fermor's first cousin. In
October, 1832, witness drew up a memorandum for
an annuity of 2001., which Mr. Fermor signed.
Could not say whether he then knew what he was
doing, beyond signing his name. The memorandum
was drawn up in his bedroom. He had been inco-
herent for several days before he signed that, and
he said he had been signing papers of the na-
ture of which he was ignorant. There was no
witness at the signing or that instrument. In
1838 he applied to Mr. Fermor for money.
Should not have done that to a man whom he
thought insane. Could not say whether he thought
him insane or not. Did not expect to suffer with
regard to the bond if previous wills and documents
were upset by the result of this inquiry. He had
been led to believe this by the solictor to Lady M.
Massey Stanley. Mr. W. Fermor allowed witness
an annuity of 50/., and promised to bequeath him
5,000/. at his death, but did not. Mrs. Fitzherbert
allowed him 1001 a year till her death, but left him
nothing. He felt disappointed, and justly so at this.
His father and Mr. Fermor were cousins. He was
a member of the family, and was disappointed to •see
the money go into the hands of strangers. lie never
said that he had been deceived by two of the family,
but would not be done by all. His name was erased
from the wills. The petitioners had always been in-
timate with witness's family.

lunatic was then brought into court. He ap-
peared in no way conscious of what was going on,
and he could not be made to understand questions ad-
dressed to him.

Mrs. Danell, widow of the steward to Mr. W.
Fermor, and her sister, were then examined. The

lunatic had visited at their house, and they deposed
to several of
.his eccentricities of manner. They
both thought him of unsound mind since 1830.
His habits and conversation were at times indelicate.

George Wood, livery-stable-keeper, Islington, de-
posed that he was in the service of Mr. Fermor, as
coachman and groom, in the year lii3o, and also for
some time previously. Mr. Fermor was very intem-
perate. Sometimes of an evening he would drink a
bottle of wine and a bottle of spirits. Witness had to
procure wire protectors fur the candles, because, when
intoxicated, Mr. Fermor was so careless. He would
qet so drunk that the servants on coming down of a
morning would find him lying on the carpet in the
room he was left in the previous night. The Gun-
stons had the absolute control of him. Once, at Mrs.
Gunston's request, witness attested a document, of the
nrture of which he was ignorant. When quite alone
Mr. Fermor would say—

"Mrs. G—, you are divine, '
Come, you and I will have some wine."
—(Laughter.) Whenever M-. W. Fermor visited
the house the Gunstons avoided him, sometitnes they
went to the top of the house. Mr. Fertnor at that
time lived at Earl's-court.

Several other witnesses were examined, and at five
o'clock, at the request of the jury, through Captain
BAgue, the foreman, the inquiry was adjourned until
this morning.