Star.
London, England, 1823-02-20 00:00:00

LORD PORTSMOUTH'S CASE.

-IXAMINATiOIi =dor Me KING'S COMMISSION.
• • Num Dom, Wens Essay, Fessudisr 19.
The Court opened at ten o'clock this morning, and
immediately proceeded to business.
Mr. DFNMAN rose, and observed, that in the dis-
charge of his duty, as one of the Counsel for the pro-
secution of the present inquiry. to sum up the evi-
dence that had been adduced, he felt that some apo-
lcgy was nececiary to the Gentlemen of the Jury for
the length of time they had been detaiped by the
evidence it had been thought necessary to lay before
them.
.Entertaining, as an Advocate, a decided con-
viction of the solid ground upon which this Commis-
sion was founded, 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 institution of the present invealie
gation. To detain the Court and Jury while he re-
capitulated and descanted upon the evidence which
had necessarily detained them so long, would b; ao
unnecessary and injudicious intrusion upon their vit•
luable time; he :loci& therefore, confine himself
to those five or sin points which had been made by
the cross-examination of the. Learned Serjeant on
the other side, and upon which alone there appeared
to rest alone any palpable argument against the sup•
port of this Commission: the first of those points wAs
elicited from the first witness, Mr. Coombe, who de-
posed to the dignified manners of the noble subject
of the present inquiry ; but what was there in this?
Is it surprising that the Noble Lord, moving in the
elevated sphere of rank to which his birth entitled
Win—.associating for a longseriesof years with those
in whom dignity was inherent. and gentlemanly man-
ner; almost hereditary—is it surprising that, with
these lea.Seg-strings of souk and dignity, the Noble
Bari should imbibe manners similarly dignified, or
ethibit a knowledge, at same time or other, of the con-
dart and behaviour so naturally expected at his hands?
%old it not have been rather astonishing if these
Wits had net influenced his Lordship's manner%
and would not such a total absence of observation,
Ind so complete a. want of that general imitative
PO.lll which the infant possesses, and which only the
'that has cwt.-.would not this absence rather have
licked astonishment and wonder, than an occasional
<lertise of this faculty should autheirise a conclusion
slithat soundness of-mind, which dignified manners
Could not establish, but with the existence of
Which dignity, elegance, and gentlemanly behaviour
oweeither intone scent nor incompatible? Ile con-
-4,44 that the circumstance of _Lord Portsmouth
checkcin 1815 =snot a proof of-hissanity—
"'lathe reVetse, for he was at•thec time lender the
"lieence got the Hanson family, 'mid he commenced
Ving them when 'the former application for a

that early period of his fife.. As io the bleeding, in
his Lordship's examination of .yesterday, where this
circumstance was referred ..to, the Coin and Jury
could not but have observed that his Lordship was
unwilling to remember that ichich lie thought might
appear derogatory to that dignity of character of
which he appeared to entertain so strong a feeling of
,jealousy; when, however, 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 had long
since forgotten all such nonsense, and eradicated all
such silly habits ; but let the Jury refer to the evi-
dence upon this point—let them recollect that it was
sworn-to, that his Lordship had expressed his afFec-
tion for lancets over an other things, and that he
would sooner lose his wife than his lancets, and they
would hesitate before-they arrived at the conclusion,
that his Lordship had really discarded those habits,
the existence of which established the unsoundness of
his mind, or that the same tone of that mind had
succeeded to the ruin by which it had for so many
years been enwrapped. Then as to funerals and
" black jobs," let the Jury remember that at the death
of the late Countess—of her for whom his Lordship
had repeatedly and warmly expressed his gratitude''
and affection—and yet, at her death, at the very mo-
ment at which he was accompanying her remains to
their very last home—he indulged in a variety of
delusions that were wholly incompatible with that
soondaess of mind which could not be separated
from that strong sense of propriety which would hesi-
tate to. charge a servant with a footing or coiling, for
driving the hearse for the first time, or to descant
upon the sort of escutcheon he should erect, or the
expense to which such erection would put him.—
As to his, Lordship's total ignorance of the generative
Welty, if he was satisfied, no matter under what
delusion—if he was satisfied to resign the golden gift
of.Venns for the strange propensity of bleeding, and
felt not what few (if any) besides his Lordship had
failed to feel...why this was so glaring a delusion,
that he thought it sufficient of itself to establish the
unsoundness of hie Lordship's mind. The Learned
Counsel could not but call at this. period the serious
attention of the Jury to a most important subject—
that of his Lordship's marriage to Miss Hanson. The
late Countess died in the month of Novemher, 1813,
and almost immediately afterwards his Lordship ex-
pressed his desire to be again married ; with this
view, he had continually named three Ladies, to
either of whom he. was equally desirous to be united;
bet it was an impoitlnt fact, that Miss Hanson, with
whom he had been acquainted from her infancy, and
for whom on that account he might reasonably be
expected to entertvil some •ioq of paitj4litii, this
Lad/ was not one of those Ladies.. ;lit, Loicisiiip,
however, comes to town vo the Fr,idayt efegKOhn.
self to Miss Ilantouon the Saterdayreeeetve* NI An,
swer on the Monday, that mares:two 'conditions
would • Mr..Hansion agree to hie
.. ' " hi ',tr.
riage, mid shoe_ tri, .rcasolls .we!.'i 4; .: .... it
7
Lady should be .rdias N 4.11403; arid, : ',-
marriage shoold take place that -day. iiirelli.:the
marriage accordingly tato plater ii;deted.ivats.thoq
signed—a deed engrossed in blank; and :titbit t tf-
cumsvauce the oldest lawyer in Court could pot te;

Arinome wpm g • Was *`clePiisited ?
that of Mr. MataimAnalsta'iChirlaai Who eakrisabe,
thisdeed? .4Atapinnertseho had never been employisa
before mitt time: Kr. Hanson. Then how was it
slitiettna Medic62=W Itlinceireplieatory of somebody!:
moving as qUietly as in this dark deed, 'which
could not dear the;llitifit of day; and was it-to be
tamely home, baton of the oldest Earls of the realm
'should bilticlnappea inhancery-lane by the Hanson
Niftily, its serviiheir base and interested purposes?—
If Mr. Hannon had been'a man of honourable mind,
he would not have hushed up this disgraceful, this-
disgusting marriage; no man but the most • weak
and corrupt, could have so stained his character—no ,
father that had the least feeling for the happiness or
the virtue of his daughter, would have put her into
the bed of the Noble Earl—under the very pecoliar
and almost inexplicable circumstances which could
not but be connected with that infamous proceeding,
which excited in the brea.st of every luinourable man'
a spirit of indignation, which want of language'alone
prevented him (the Learned Counsel) from expresi-
ing as afrongly as he could not but feel it; and he
would say, that if one spark of honour, of virtue,
of justice, if any love of fair name, possessed or ac-
tuated Mr. Hanson, whose character the present pro-
ceedings had blasted for ever, nothing on earth would
keep him from that witness-box to refute the serious
and damning charges which had been brought against
him. Referring to the previous inquiry, it wouldbe
remembered that it was merely suppoited by affi-
davits—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 dont, and the inquiry
was not proceeded in ; but eight years of cruelty—
eiglit years of infamy—eight years of triumphant
conspiracy—eight years of disgusting and dishonour-
able collusion—had since transpired, and the present
„Commission was supported by evidence of a much
stronger nature than that which was adduced upon
the former. occasion. The Learned Counsel then
*cilletrirponSerjeant Pell, for the production of the
noseeions members of the Hanson family, as witnesses
'upon the present oecasion; in order to afford them
some chance of contradicting the. evidence that so
strongly affected their characters, and to remove the
`stigma which otherwise would for everattach itself to
the very name they have disgraeed—to the vEy na-.
Lure they have profaned by actions of the mostinfa-.
mous and damning character. With strong indig.-
nation, and in the most powerful. :language, t*-
Learned Gentleman proceeded to remark' upon, the'
conduct of this family, and the' cruet ttlrrtmeht" }o+
which the Noble Earl had been 'Subjected Wesklfrift-
dividual of which it Was compoWd. He doistiluiied
at most able, eloquent, and argumentative speech,-by
calling upon the Jury for a verdict that: should
n place
the person, the property; and the. life of Ott unfor-
tnnate Nobleman in proper-hande, Whose first object
was to rescue his Lordship from the controal of those
who had embittered his past life, . and whose every
exertion would be used to secure to him every com-
fort, of which, under the deplorable circumstances of
his lamented situation, he was susceptible.
Serjeant reit, in addressing the Court and Jury,
;observed, that he rose with extreme hesitation, when
he reflected upon the important interests that were
entrusted. m.his care ; they would easily conceive that
he had a veryllaLorious as well as important duty to
perform; during the eight days proceedings he had
nut had one moment's Pleasurable sensation ; he had
now to address them upon the greatest calamity to
which the human mind can be subject; and if this
Commission shauld be thought fit by the Gentlemen
of the Jury to be carried to its fullest extent, he, for
one, as. representing an unfortunate Nobleman, for
whom he personally felt a considerable degree of
esteem, would joyfully accede to such determination.
—Early in those proceedings, he thought, that not-
withstanding his declaration of being the advocate
of the Noble Earl, there was, or there appeared
to him to be 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 had 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 Lordship 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 Pnovrnence to Make: The Jury would do well
to reflect upon the wording of the Commission, which
'entrusted to them the decision upon this important
j point. The Commission was issued to inquire" whether
John Charlei, Earl of Portsmouth, is a lunatic, or en-1
Joys.lucid intervals, so that he is enable to manage
hit person, his manors, messuages, and tenements.+
and if so, from what date, how, and in•what manner."
The Learned Se' jeant then adduced a variety of cases
which he thought applicable to ihe one before the
Court; and argued upon their application. at great
length. The clearest' definition belied met with was
from a woik of much attthority; where' lunacy was
defined to Too hurried. ,a :sogeassion• of ideas,,
going. on with freilaied steps PCY, and, strange, and
adopting as true thosa C'oneeKini.which welt false."
-The Jury cOntenciti giii'a•iiirsTiit &WI 'the' Ntible
Lord's mita was imsobndirefort ate), :were Inkisfied
what an uissonad mind: meant; Ne act*_ that had
been droved in this cfsr.s, provednnstauidness o£mind,
They proved weakness., certFrnly, bat iiOtbing mote
taird'PertiiisiiutlN Was admitted;lit
by uo means unsound; or tee/ding -withib'ehe legg
definition of insleity. is filet, all hi:vett:were those
WealEtte,s. .Ateske,earlitsst period- of his: Rife )41,
LyrdslAp could-Obt..lspe whatilAwft eptef
tO haitetieen. iiiiieFthatrupon' the
eMetZtrittfifsilittAticsi
at manta(' beers convicted of an atrocious offence.—

. ll. • 10
fibeffilie YliAtertt!ielt, tqtd LNwts-
lewd* entitifveklif r!unitiv.4lo.. The
sower warthfliallelßOt. or'' Man sentsh •laird
. if! "
lthip, wititity*:dlieliteisfut ltdrlose him, is,* perfon
*vilty sidlitifaNntoitts'bßinti 'lf lfid'irt.g) los im
a sum of money; his Lordshill "with. 'aiteat,Arsodess
spurned, tint fintitt; =and proiteeiOd` the ling[[ for
burin's eadewwwired VI eitort nioney, tr4oni.
no report of thnetrfalteultf found;'' tint the; d
gf4 the briefs of the Courtier Who'Were 'Oitgage .in
the cabse—of Lord Erskine, Mr: p, in Mr.
Justice Burroogh ; and from the not 6ft the brief iit
would appear that his Lordship, on the" trlil,"thider-
went a lone cross-examination, such as no'perinii'in
the state of mind with which his Lordship was said
to he afflicted, was capable of- undergoing, 'without
betraying obvious evidences of incapability,•espectilly
as Mr. Garrow was the Counsel on the oppositeattle.
Hayes perfectly clear from the testimony of Mr.Shir-
row, that •atty tantratts entered iato- by Lord I rts-
*utb-i 18*. eeuld upt barge beeninvalidatettin a -
Coast of &pity; on. the
.ground that his Lortiship
was in anunfit tato cif rated ; ,Itor.cottietabe defence
i
of lunacy have tficieled in a Caart of 'Law against
an action brought upon. any contract catered into at
that time; that he was not-of the description meant
by " a man of unsound mind." The Jury had heard
what his Lordship had said the day betcre respecting
his marriage with the present Lady Portsmouth.—
This brought hire naturally to the consideration of
the case which had been so• hardly pressed upon him
by the other side, as it respected Alder. That umbra,
as he had been sdescribed.by his Learned Friends, was
no less objectionable to his feelings. He considered
him rather as a pestilence hinging upon the unfortu-
nate Nobleman, blighting his hopes and his happi-
ness, rendering lirm wretched, making him mad;
exercising over him a species of refined cruelty,• a
terror and torture to him by day, by night his de-
mon ; fastening on his bedside, and making dreadful
!those-hours which, if perfect happiness could be en •
joyed onairth, were .perfect in happiness to a faithful
husband and_ a• faithful wife---(A burst of applause
folldwed,' .which "the Commissioners reproved, as
'beirig'lncompitible with the serious nature. of the
'business before the Court.)—There was an action for
;criminal cenversation• instituted against this person:.
but it it, wet e not yet brought, it might be; and there
doubt, enough ground to secure 'a verdict
'tor Lord Portsmouth. A divorce might also be ob.
-titined—his• wife was already' separated from him;
even now he was enjoying Olt. the 'protection *hith
their verdict could in.any easeglaehltrt. Were bean
the Jury to try that. actioNnedthgt,question between
the Jurymen being between LlGlCKt,atad £2OOO, he
:would give it against Alderfot theblghest damages.•
It Was a Consolatioe to him to feel that that person
was amenable to-the laws. Thenrwhy shotild Lord
Portsmctuth be taken from neder the piottctien of
the laws, and placed ,under a Lunatic Commission ?
iieltetica* 'Pei)) .w 9014. go to :his,Lordship's son-
' duct Ifs the House of` Lards, during that memorable
period of the Queen's trial,' There Lord Portsthouth
exereiseclthedoties of w'Peer. He would
,SUPpose
the Bill lost by one instead of six, and that orie had
been Lord Portsmouth. Suppose also, the present
inquiry going on at the same time.wOuldhe
have been held of sufficiently sound mind to have
determined the fate of that question? kle (Mr. Ser.
jeant Pell) well recollected that important peviOd—,
public expectation hung upon every rote. ' ffe stood
by one of the ablest Advocates of her late Majesty,
and saw , that Gentleman bending forward with
breathless anxiety, to listen to the votes as.they were
delivered: he saw him marking. on the paper in his
hand each vote as it was pronounced. At length the
Lord Chancellor began with the bench of Earls; he
called upon Lord Portsmouth? There was a solemn
stillness--•-a death-like silence pervading the hou,e—
it was only broken by a whisper of." Give him time
_give him time!" He called back his recollection
to what was doing these, and he save the Jury now •
called upon to declare by their verdict that Lnrd
Portsmouth was Men insane; that. his intellect was
that of a boy eight years of age. He hadamm, wen
he turned round on that occasion, the faceref.his
Learned Friend beaming with delight at the, triuroph
which he enjoyed from the vote thee 'delivered: .He
could not but marvel now, to see him-entleavoniing
to prove that the person efts) gave:it wasa madman,
—Callouses, in which some aftlin Jairijainall4 .\ He,
declined; for reasons which were known to. them. to
go_ very largely' into the' parficelafs of the
.estaini-
' nation above stairs. It had been charged" against
Lord Portsmouth that he voted on both sides. This,
in the practice of ambitious. people, Was considered
rather as displaying a just knowledpe of self-interest :
butao advert partially to what had occurred .up stairs
on the subject of the voting, the Jury, would ret;?sm,
beg he had been asked, if he had supposed the Queen
guilty, would he have voted against'the
had dune ? His Lordship's ens wer'eassig As. Certainly
riot. That did not indicate iosarsity. •,-LisedtPortep
mouth. was asked if he 444 beyd,. amok of Mr.
Denman on that occasion? He r4trithp , Scireant I)elp
thought it.no proof 'of . his insidity;lehen he 'said' he
had beard it, anti thought -it wasilinkei&theat' speech'.
—lt bad breasuatnisthl ebaldhavrogilecaltMrifieuttut,
Mr- Newton • liant(lfle,,NifiW 1-019 Ma • ilimsems, and idist
Eliza Hanson. They ,kneArrl4l, .(15gTiogis!
Pell) whir imagittti thxt liewedld tiw,ervezuKii
calls isitZikai,-4oth) thwindtteln %Vidal 'fie.
Thiaeat-Ro4efaudact recipe. .ii* ffiltrined 1454
for aleC!!N*l4l94lgll4
solidi any of.dic.familmvOtnis
tostillie -disgust.,
thilAf \Ai:" ire
1111%enti

kiWk.
tiarou;
thpr

Press,

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On:befOre ke woiir4l det4ovier wpm
:to sho public Alletejnllefliti) . daiWN
or is 4bet rConstirad:yonv.ibifenkht4i s
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!re wee: tined r ter usc than
.2,0,1,..411.A5
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eu, conduct could be dispin3 ed to thewortdi mid