Star.
London, England, 1823-02-24 00:00:00

Latta PORTSMOUTH'S CASE.

EXAMINATION omit inz ICIISM'S COMMISSION.
TWELFTH DAY, SAIIIIRI;AT, Franiusr

. •
(In continuation from the STAR of Saturday.)
Rev. Dr. Goddard, examined by Mr. live at An:
slaver, and in London. I was Master at Winchester College
thirty years. I have known Earl Portsmouth twenty years. I
have met him repeatedly at dinner. Mr. F.twall asked me and
a party of frimds to meet him. I have called at the Earl's house
in town, and in Hampshire. I should not have observed any
thing particular, if I had not heard a great deal before. I should
not have observed that his conversation and conduct were unlike
those of other men. Once he asked me the character of a ser-
%rata. I told him, that if he was kept from the strong beer,
he would do very well. His reply was—" Oh, he is in no danger
of that at my house." Lady Portsmouth was present. I did
the duty once at Hurtsbourn Church. The Curate, Mr. Wil-
liams, was very ill. I s..w Lord Portsmouth frequently at An-
dover Church. His conduct was decent and proper. I should
not have thought myself warranted in refusing him the Sacra-
ment. • It is one of those services in which I conceive a Clergy-
man has no discretion, except to refuse it to evil-doers, and
people who live at enmity with their neighbours. I do not know,
after what has passed, that I should not hesitate to administer
the Sacrament to him.

Rev. Dr. Newbold, examined by Mr. Anast.—l am a Minor
Canon of \Winchester. ( Describes instances of meeting Lord Ports-
mouth.) I consider hint a man of weak mind, such as would
excite one's compassion. I saw Lord PortsmoUth play whist.
I had the curiosity to look over his hand. lie certainly followed
suit ; but he played very badly. I have played as badly myself.
He played with the Countess. They lost the rubber, and she
paid for both sides. I was in the same pew with Lord Ports-
mouth for three hours, at the Commemoration at St. Paul's.
His conduct and attention were exemplary. Ile talked with
two of the Royal Dukes. I have seen him un the Race-course,
in a high phaeton, driving a set of floe and spirited horses. Ladi,:s,
not of his own family, were in the carriage. I consider hint a
man of weak mind, and illiterate, but perfectly sound. I never
saw him do an Extravagant act.
By theJe ay.—Undoubtedly, the state of his mind excited my
ci mpassion. At whist he seemed to have no plan—he had the
power to follow suit. I did not hear the conversation between
Lord Portsmouth and the Royal Dukes. My intercourse was
short. He might be a man of unsound mind, and I not discover
it. I have seen others play at whist as badly as him.
Rev. Lascelles Ironmonger, examined by Mr. WILLIAMS.—I
am a Prebendary of Winchester, not a Magistrate of the county.
I have met Lord Portsmouth at his own house, and those of
other Gentlemen. I have frequently talked with hint on cont-
inua subject.. He conducted himself like other Gentlemen. I
certainly consider him a man of weak mind; so far sound as a
person of weak mind can be, not tending to insanity.
Rev. Robert Evans, examined by Mr. ADAM.—I am a Cler-
gyman, living near Andover. I have known Lord nrrtsmouth
thirty rats and more. Ile was then Lord Lymington. He had
travelled. I did not know his tutor. I have met hint frequently
in public and to private. I have met him at dinner. I have
formed my own opinion, that he is a man of weak understand-
ing, very confined, but perfect as far as it goes. I saw hint last
August, or in the first week of September I looked upon it I
was addressing the sante Lord Portsmouth that I had known
before. The only difference I observed was, that there seemed
to be a heel in his habit, and he appeared nervous.
By the:lt/ay.—l have not bad any trial of his intellect in mat-
ters of business. Front what I have seen of him, I think him
unequal to'efforts.of magnitude, or any of a complex nature that
required thought and foresight. I have never seen hint under
delusion : he always talked to the subject. I never heard hint
draw absurd inferences. I should hesitate in giving an opinion
if he is or is not capable of managing his own affairs. lam not
qualified to determine. I have attended to all that passed here.
Speaking from the general impression on my mind from the evi.
Bence, notwithstanding my previous knowledge of Lord Ports-
mouth, I must conclude that he is of sound mind.

Sir John Sewell examined by Mr. WILLIA3M-I have known
Lord Portsmouth twenty four years. I was at M.ilta in 1814.
I read an account of something respecting Lord Portsmouth in
the newspapers. It was there related that, as Lord Portsmouth
was driving his phaeton in some street at the west end of the
town, he saw a man come up from an area and run off, having
dropped a silver fork on the pavement. By the account it ap-
peared that Lord Portsmouth had got out of his carriage, and,
giving it into the charge of somebody near him, Without saying
anything of his intention, he pursued and took the man, who
was committed accordingly. I met Lord Portsmouth at South-
end, in 1815, at the ball. He was a Steward. I mentioned the
fact to him. The account had struck me as an extraordinary
instance of sagacity and promptitude in taking a thief. I asked
Lord Portsmouth if it was true? lie said it was certainly true;
and be added, with seeming delight, the man was convicted. I
I met bins at a whist party, and played against him—l won the
game. A year after I met him again at a whist table, and
won the game of him. Ile rose up—he speaks hastily ;he said,
" Sir, you are very lucky," and recurred immediately to the
game I had won of him a year before. It struck me as an ex-
traordinary instance of recollection. I have conversed with him
on all these occasions. If my opinion is asked, from all I have
ever known of Lord Portsmouth, and aware of a difference be-
tween a weak and an unsound mind, I should not feel justified
in saying that his Lordship is either of weak or unsound mind.
Hy the Jury—l do not actually say that he is of sound mind;
I think he must have played an ordinary game. I should have
noticed if he had played very well or very ill.
Dr. Phillips, examined by Mr. WiLne.—l am a Physician ; I
reside at Winchester : I resided at Andover for eleven years; I
first went to Andover in 1811 ; I professionally attended Lord
Portsmouth and his family from 1314 ; I had also been fre-
quently a visitor before I attended as physician up to the time
of his Lordship going to Scotland; I also met his Lordship at
other Gentlemen's houses ; I have met his Lordship at the An-
dover Corporation Dinner. Having thus frequently seen Lord
Portsmouth, the opinion I had formed of his Lordship's mind
was that it was sound ; I think I had opportunities to form a
correct opinion of his Lordship's mind ; I have seen his Lord-
ship at public meetings ; his conduct was correct and proper ; 1
have dined with Lord Portsmouth since his return from Edin-
burgh; he was just the sante as I had ever found him ; he ex-
hibited no symptoms of an unsound mind.
Examined by the Jury.—As a professional man, I am of opi7
nion Lord Portsmouth is not a man of unsound mind; I have
seen Mr. Combe at Hurtsbourne. When I was at Hurtsbounw
the servants appeared to treat Lord Portsmouth with proper re.
spect ; his Lordship was of weak mind; I do not think Lord
Portsmouth could have been of unsound mind without my dis-
covering it.

Friday Dr. SWA B ev, Judge in the Consistory Court
for the diocese of Rochester, gave judgment in the
case of Best v. Best, brought originally by Mrs. Eli-
zabeth Best, the wife of Mr. Best, a wealthy brewer
at Chatham, for a divorce a pump: et Mg) o, and a
separate maintenance, on the ground of cruelty.. -In
bar of this suit it was pleaded on • the pan of Mr.
Best, that she had been guilty of adultery, and that
' her charge of cruelty was not true, and he sought a
divorce on the ground of adultery. The Court were
of opinion that the conduct of Mr. and Mrs. Best
had upon the whole been such as to disentitle them
to any relief; they therefore dismissed their suit.
COURT OF lELNG'S BENCH, FEBRUARY 22.
LITMAN V. WILSON.—PRICE V. WILSON.

These actions, for the malicious prosecution of an
indictment for a conspiracy, in which new triali were
granted, were this morning called on for trial; but,
by consent of the Counsel on both sides, were referred
to Mr. BOLLAND.

THE KING V. THE INHABITANTS OF THE COUNTY OF

:MIDDLESEX. •
This was an indictment against the inhabitants of
Middlesex, for not repairing a public bridge, to
which they pleaded not guilty. No one now ap•
peared on behalf the County to offer any defence.
Mr. GURNEY informed the Jury, that the place to
which the indictment referred was in the road lead-
ing from Homerton to Strad*Ord and Bow, which was
intersected by the old branch of the River Lea. Over
this stream there had formerly been a wooden bridge,
which would be shewn by a very old witness to have
been used by the Public, but which about eighteen
years ago was broken down, and had never been re-
placed. Since that time, persons who passed the road
with horses and carriages were obliged to ford the
river, which in dry seasons might be done without
difficulty, but which was often extremely dangerous.
Repeated accidents had occurred at the spot; but no
one had, till now, the spirit to indict the County, in
order to compel them to rebuild the bridge, to which
they were unquestionably liable.
The Learned Counsel called an innkeeper, named
Fibley, who proved that the bridge was broken down'
eighteen years ago; and a witness of 94. years of age,
named James frustum, who recollected the bridge
for7o years, and had assisted in repairing it more
than 60 years since. This witness gave his evidence
with a clearness and promptitude which surprised the
Court. The roads leading to the bridge were shewn
to be public highways.
The LORD CHIEF JUSTICE staterno the Jury, that
the county were prima facie bound to repair all public
bridges, and therefore they must be holden liable un-
til they could shew an obligation in some other quar-
ter to perform the duty. If, therefore, they were satis-
fied that the bridge was public, and that it was in a
dangerous condition, they would find the defendants
guilty.—The Jury returned a verdict of—Guilty.
A simple but very important alteration has been
introduced in this Court, by placing the witness box
on an elevation close to the Jury, on the right hand
of the Judge. The great difficulty so often felt from
the reluctance or inability of witnesses to a speak out,"
will be necessarily removed.

Questioned by Mr. Balsas.—Do you consider a man of sound l
mind who would suffer his servants to beat him in his own house.
without insisting en their discharge?
Witness-1 think this is rather a puzzling question.
Mr. B.trzss.—l think so too. •
Mr. Serjeant Nu, objected to the observation of a Juryman
upon any answer which a witness might give upon his oath.
Mr.
,Trtowza said, it was time this conversation should be put
en end to.—The examination then proceeded :
I never saw anything different in the conduct of Lord Ports-
mouth front other Gentlemen. I have beard of Lord Portsmouth
ringing bells, but I know nothing of it of my own knowledge.
Mr. Woodham, examined by Mr. Serjeant Par.-4 am Clerk
of the Peace for the County of Hants. I have known Lord
Portsmouth for 24 years. I last saw Lord Portsmouth in July
last, at the Winchester Races; several Gentlemen were in his
carriage with him. The Races lasted three days. Lord Ports-
mouth was there twice. His Lordship seemed very much pleased
to be amongst his friends. I bad not seen him for three or four
years before. When I first saw Lord Pousniouth it was during
the life of the first Countess. I remember in 1814 soliciting for
the office of clerk and treasurer of a turnpike road ; there were
other candidates; I wrote to Lord Portsmouth, canvassing him
for his vote, and he came to the alerting of the trustees; the
present Earl of Carnarvon was there; it was a eery large meet-
ing ; there ware four or five and twenty persons present; Lord
Carnarvon proposed me, and Lord Portsmouth seconded the
proposal; on that occasion Lord Portsmouth conducted himself
very properly, and very much like a Gentleman. The other
candidates withdrew. There was other business relating to the
roads talked over. Lord Portsmouth certainly took part. Front,
anything I saw on that occasion Lord Pot tsmouth's manner was
as correct as any other Gentleman present ; there was *tithing
singular in bis conduct. From all that 1 have seen and person•
ally known of Lord Portsmouth, I should say he was of sound
mind. I have a note written to me ly Lott Portsmouth.—
.1r the 'laces, previous to this letter being written, I had wine
conhattiocation whit Lord Portsmouth. respectinghis acting as a
Magistrate ; he directed me to sue inn his &dims, in order
that he might browse a Magistrate.—(The awe was then pro-

•
dated and read. tt was as folinsii.s:-.-u Lord Portsmouth pre. the merciful interposition of the Court; and the Renoinn. a as-
sents his compliments to Mr. Woodham, and begs to know whe- sured them that attention should be paid to their request. •
ther he has received thi writ from town ytt ; and if he has, to Tue prisoner bad been iti the haLit, unktiown to tier friends,
' inform his Lordship of it.—H. P.—Sept. 27, 1314.'1—Directed of consulting a Fortune-teller: and it is suppaaed, titer through
to Mr. Woodham. the predictions of this miserable Sybil, she w .1 induced to ea-
Cross-examined by Mr. thusucnast.—l tided out the writ; change her habitation of respectability for one of vice 411 U infamy.
but his Lordship did not qualify or act as a Magistrate. Saturday, 7. Kkft, a young man 25 years of age, elegantly
By the Jury.—l do not know the date of Lord Portsmouth attired, appeared at the bar to take his trial, for uttering (at the
having been appointed- a Magistrate ; I judge of Lord Pow:- shops of a great number of respectable tradesmen) forged live-
nioutt's mind only from what I have seen of bins; Lard Ports- pound Bank of England notes.
mouth either wrote to me, or told me persorally, that he would There were 67 witnesses. in Court, to give evidence‘on dif.
decline acting as a Magistrate for the present. , ferent indictments found against the accused, who is stated to
Rev. W. Pedden.-4 am Curate of the parish of Andover; be connected with a family of the highest respectability.
I have been actin:tinted with Lord Portsmouth 25 ye,* • I have 1 The prisoner was brought up to plead before tne 14-comas,
seen his Lordship chiefly at public meetings ; I hailkeen him at and on being arraigned, pleads .. Guilty.
the Bailiff's feast, and at the Corporation dinner at Andover; I I The Nu:Ganes told him to r.:consider his plea, and remanded
have seen hint also at my own house and elsewhere ; uniformly him for that purpose, till the arrival of Judges Graham and Park.
his Lordship's conduct has been unobjectionable and gentle- He was again placed at the her, and again pleaded Guilty;
manly; his Lordship's conversation was chiefly of a triamg /la. and, in a state of great mental agony, inspior. d mercy.
ture ;he conversed on ordinary topics; his Lordship's conduct in The Jt/Dvas severally addressed him upon the course he had
church has been most exemplary ; I have dined.with Lord Ports- thaught proper to pursue, and entreated him to retract his Flea,
mouth since his return front Edinburgh; he was better dressed, and take his chance of a trial; for they could assure him, that cis
and in worse spirits than before; from what I knew of Lord pleading Guilty wouldanot in the least benefit him; he was sazh
Portsmouth, before what I have heard in this Court, I should a dangeraas character, and had carried on his system of 'merleg
net have hesitated in administering the Sacrament to him.— forged notes to such an extent, that if a verdict of Guilty was
After the death of his father, I had a serious conversation with recorded, the law assuredly would take its course.
him. Ile expressed deep regret at his father's decease ; but He persisted in his plea, which being emceed by the Clerk of
shortly after he observed, that he had come to the possession of the Arraigns, he was removed from the bar.
a great estate and folly:. lie asked me for advice. I told hint
JURY COURT, EDINBURGH, FEBRUARY 19.
he had an oaportunity.of spendirg his life well, in rendering his
tenants happy, and setting au example to thesneighbourhood. Ile . LIBEL.—AITON V." THE SCoTSNIA N." •
Paid he wished for that purpose to attend the Church regularly. The present action arose out of a circumstance
The witness said that he ought in fairness to tell the Jury that which occurred at the great Pantheon Meeting, in
he was Chaplaiu to Lord Portsmouth, because they might think
(''u ugh he himself declared it was hot so) that his opinion was 1820. It will be recollected that a momentary tumult
influenced by that circumstance. Lord Portsmouth had told him and discord was occasioned in that as,,embly by some
that he had the privilege of appointing six Chaplains: that there eccentric expressions that were u:tcred by a l=c: son of
was a vacancy, and he wished to know if witness would accept it? the name of A icon, who afterwards %vowed himself
Ile saw, Lord Portsmouth on the occasion, and told his Lordship
to be an M. D. and E. M. R. Al. S. E. Tice E l'tier of
1
. that he would be most hapry to take the office, but it would be
out of hit power to do any duty. Lord Portsmouth said that the Scedsman Journal net only described this conduct
would suit very well, as his Lordship did not give any salary. in his report of the Meeting, lin• made it a collateral
lai I,;srdship added—" 'risen that is perfectly understood be- subject of his aiiimadver,ions, v, hen con:Met :. al:1., 'l
:.e-
-
Tanen us." The office, therefore, though a desirable sinecure, nerally upon the character of the arty to which kit
had no profit attached to it. p
The Jury testified their approbation of this candour in the Journal is politically opposed. The comments con-
wituess.—Adjourned at half-past four o'clock. tained certain allusions to the pursuer, and other ex-
pressions which were suppoied to apply to him ; and
for these. he now sought to recover damages from
Mr. J. R. M'Culloch, a Proprietor, and Messrs. Aber-
nethy and Walker, the Printers of the Journal in
question. Damages laid at 4.:5000.
After a trial of considerable length the .Tury retired
for about 20 minutes, and then returned into Court
with a verdict for the pursuer—Damages £lOO.

CARROLL'S " extraordinary success" in the last
Lottery, ....hen he sold Two Prizes of 020,000, One
of £lO,OOO, and T‘‘elve other Capitals of £l,OOO,
£5OO, &c. all in Shares, rno-t stiikingly points oot-
t
adventurers the advantages to he derived by pun-
chasing at his fortunate Offices, No. 19, Cornhill,
and 26, Oxford-street. To-MORROW The present.
Small Lotter y will be Drawn, all in One Day, when
the Prizes of £20,000, £16,000, &c. &c. must be
decided.
NEWMARKET COURSING MEETING, Fu•.l.. 21.
This was the fourth and last day of the Flualary Alerting of
the Newmarket Coursing Club. The sport each day has been
' equal, if not superior to any we ever recollect. Lord Rivers,
notwithstanding his advanced age and deficiency of sight, at-'
tended-the field each day, and seemed much to enjoy It.