COMMISSION DE L UN ATI CO IN QUIRE N DO. 
 
 JUST INQUIRY 
 INTO THE STATE OF MIND 
 
 OF 
 
 W. F. WINDHAM, ESQ. 
 
 OF 
 
 FELLBEIGG HALL, NORFOLK, 
 
 BEFOBE 
 
 SAMUEL WARREN, ESQ., Q.C., AND A SPECIAL JURY, 
 UPON THE PETITION OF 
 
 GENEKAL WINDHAM, C.B., ETC., 
 
 THE UNCLE OF THE ALLEGED LUNATIC, 
 
 AND OTHER MEMBERS OF THE FAMILY, 
 At Her Majesty's Court of Exchequer, Westminster, 
 
 COMMENCING DECEMBER 16, 1861. 
 
 Illustrated . 
 
 LONDON : 
 W. OLIVER, 13, CATHERINE STREET, STRAND, 
 
 ONE SHILLING.
 
 
 MABOTIW 
 
 I 
 
 i 
 
 
 a a i j 1 1 F
 
 AN INQUIRY 
 
 INTO THE 
 
 STATE OF MIND 
 
 OF 
 
 W. F. WINDHAM, ESQ, 
 
 By virtue of a Commission de Lunatico, issued by the Lords Justices, an inquiry 
 nto the state of mind of Mr. William Frederick Windham, of Fellbrigg-hall, Norfolk, 
 was commenced in the Court of Exchequer, Westminster, before Mr. Samuel 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury, on Tuesday, 
 December 16th, 1861. The commission had been granted on the petition of 
 General Windham, the uncle of the alleged lunatic, and other members of the 
 family. The public interest in the proceedings was manifested by a crowded 
 court-room on the occasion. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. H. Williams, instructed by Messrs. 
 Field and Roscoe, of Lincoln's-inn-fields, appeared for the petitioners ; Mr. Charles 
 Russell, instructed by Mr. Chappel, of Golden-square, for Lady Sophia Elizabeth 
 Giubilei, the mother of the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, 
 Q.C., and Mr. Milward, instructed by Gregory and Co., of Bedford-row, for Mr. 
 William Frederick Wicdham ; and Mr. Coleridge, Q.C., for Mr. Windham. 
 
 FIRST DAY'S PROCEEDINGS MONDAY, DECEMBER 16. 
 The commission having been read, and the Master having addressed the jury, 
 Mr. M. Chambers rose to open the case for the petitioners. He said : I have glne 
 through a great mass of information relative to the state and condition of mind of 
 Mr. Windham, and I have done so for the purpose of endeavouring to place before 
 you as briefly and as simply as possible the history of the alleged lunatic from 
 early life, in order that you may decide, after hearing the evidence, whether he 
 is, or is not, unfit to govern himself and his affairs. Mr. Windham, who is 
 described in the commission as'of Fellbrigg-hall, Norfolk, attained his majority on 
 the 9fch of August last, Find the object of the present inquiry is to ascertain and 
 decide whether, upon the 1st of August, a very short time before he came of age, 
 he was fit and competent to manage himself and his affairs. He is the only son 
 of the late William Howe Windham, who was a nephew of the Mr. Wmdham 
 whose name must be familiar to all persons acquainted with political or even 
 historical matters, and whose estates were inherited, or, in ordinary circumstances, 
 will be inherited by the alleged lunatic. Tkose estates consist, in the first 
 place, of Fellbrigg-hall, Norfolk, with the park and grounds annexed thereto; and, 
 secondly, of other property to which I will presently direct your particular 
 attention. The late William Howe Windham was married to Lady Sophia Hervey, a 
 sister of the present Marquis of Bristol. The alleged lunatic, therefore, is 
 connected with the Bristol family, and in the course of my narrative yor 
 will find that those connections have been parties to the present proceeding 
 as petitioners. William Frederick Windham was born on the 9th of Augusi;, 
 184-0, and, as already stated, atfrn'-nod his majority on the 9th of Anyiwt, 
 
 A 2 
 
 22355
 
 in the present year. His father died on the 24th of November, 1854. having 
 appointed by will General Windham, his brother, and Lady Sophia, his widow, ashia 
 executors and the testamentary guardians of his son. At the age of twenty-one the 
 sou would become entitled to Felibrigg-hall, with the park and timber, and a rental 
 therefrom of about 3,100 per annum. That sum, however, would be redaced by 
 certain deductions. In the first place, it would be subject to a deduction of 
 1,500 a year, the amount of his mother's jointure ; and, secondly, according to 
 calculations, about 350 would be required to be laid out upon the property itself, 
 so that, in point of fact, the young man would have an income of between 1,200 
 and 1,300. But there were certain other estates which were not to come into his- 
 possession until the year 1869. The object of so delaying his possession was that 
 certain incumbrances upon the property might gradually be paid off; but it 
 appeared that, although he would come into a nominal income of about 9,000 
 per annum in 1869, there would still remain so large an incumbrance not paid off 
 that the real income would not exceed 1,000 or 5,000. That income, according 
 to the settlements, was to be an income for his own life. From earliest infancy 
 he was not like other children ; he had not the usual intellectual powers ; in fact,. 
 his case was one of mental deficiency not of absolute raving mania, or anything of 
 that kind, but of simple imbecility. It was matter of common knowledge that the 
 deficiency of mental power in persons who were next to idiots was not nufreqnently 
 accompanied by a sort c-f cleverness which, if the mind were sound, would 
 unquestionably be an exceedingly valuable intellectual possession, but which was 
 acknowledged to be not at all inconsistent with such a state of mind as rendered 
 the psirty utterly incompetent to take care of himself or his own affairs. The lather 
 of the alleged lunatic early in his life noticed the weakness of his intellect, and he- 
 was so concerned and anxious about it that he consulted Mr. Nichols, a surgeon in 
 Norwich, whose skill and knowledge as a medical man were known far and wide. 
 Mr. Nichols would tell them how William Frederick Wiudham was brought to him. 
 by his father when he was not more than four or five years of age, how he examined 
 him carefully, and how he predicted that, instead of the defect being removed,, 
 and the mind coming to a healthy state by th-e progress of time, the malady would 
 increase as time went on. In fact, Mr. Nichols gave the father so hopeless an 
 opinion that the latter did not again revert to the mental condition of his son, 
 although he remained on intimate and friendly terms with the surgeon. Wliile. 
 quite a boy the alleged lunatic, owing no doubt to his want of mental power, was. 
 exceedingly fond of low company and low pursuits. He went among the servants 
 and did acts inconsistent with his position as a young gentleman. He wished to 
 wait at table, and even to wash the dishes. At one period of his life his father,, 
 indulging him as he would indulge a person of admittedly unsound mind, actually 
 purchased for him the livery of a footman that he might act as the menial he 
 desired to be. The first school he went to was that of Dr. Badham, at Blackheath. 
 HeVas then about nine years of age. Hia manners at Blackheath were described 
 as having been peculiarly childish. He was very feeble in his mental powers, and 
 then were exhibited to the observation of the whlo' school, what afterwards 
 increased with the progress of time peculiarly dirty and nasty habits with respect 
 to his person, and a strong ^propensity to express himself in filthy language. In 
 1854 he was removed to Eton, where it was hoped that the discipline of a public 
 school, and the opportunity 'of mixing with others of his own condition and age,, 
 would effect an improvement both in his mental capacity and in his manners and 
 habits. At first, and for a very short time, he was in the house of Mr. Balston, 
 one of the masters ; but his conduct there was so extraordinary, and so inconsistent 
 with the power of taking reasonable care of himself, that it was deemed desirable 
 to put him into the hands of a private tutor. He was, accordingly, placed. 
 under the care of Mr. Cheales, a man of great experience in the educa- 
 tion and management of boys. Mr. Cheales soon found that he had undertaken a 
 most difficult and disagreeable duty. He tried in a variety of ways to deal with cue 
 unfortunate youth who had been intrusted to his care. Mr, Windham was now a. 
 young man about sixteen years of age, but Mr. Cheales discovered that very little 
 could be done with him in the way of education. He could introduce only a very 
 small amount of knowledge into his head. He adopted successively various modes 
 of dealing with him. First he tried kindness, then he tried reasoning, and then he 
 tried punishment. The result was that the only means of operating upon him, and 
 then only for a short time, was found to b& actual personal chastisement the
 
 influence of terror. Among other characteristics, Mr. Cheales discovered ia him an 
 extraordinary deficiency of mental power. He found, too, that the youth did not 
 seem to know the difference between truth and falsehood ; that ho was in the habit 
 of telling the most transparent lies, unconscious, perhaps, of their real character ; 
 and that, in short, it was utterly impossible to place the slightest reliance upon 
 anything ho* said. That was a characteristic which had followed him up to the 
 present day. Mr. Windham also exhibited at Eton and elsowhere the greatest 
 possible Delight in gorging himself in eating an enormous quantity of food, and in 
 devouring it more like a brute than a rational being. He seemed to have no control 
 over his appetite, and vrould sometimes eat until he was obliged to go out of the 
 room to be sick, or until he actually vomited in the presence of the persons at 
 table with him. At Eton he played the part of buffoon, and his manners were so 
 extraordinary and irrational, that the boys christened him by the name of " Mad 
 Windham," frequently amusing themselves by setting him to perform strange antics. 
 He still retained the unfortunate habit of associating with low people. He visited 
 the kitchen whenever he possibly could, and when there he insulted and abused the 
 .servants, calling them by the worst and most offensive names. Another habit which 
 he fell into was that of screeching and howling both within and without doors, in a 
 way to alarm every person who heard him. He was also subject to extraordinary 
 fits of passion, flying into a violent rage with little or no cause, and abusing all who 
 approached him in filthy and profane language. Shortly after the death of his father, 
 while on a visit to Fellbrigg-hall, he was guilty of great cruelty to animals, without 
 any adequate cause. At one moment he would appear to be exceedingly fond of 
 his pony or horse, but the next instant he would whip and kick it in the most 
 cruel manner. He was taken into good society at Eton and elsewhere by Mr. 
 Cheales, but his behaviour was always offensive, particularly to ladies, and was 
 .frequently made the subject of complaint to his tutor. At an evening party in 
 Torquay, he suddenly, without any provocation, broke out into a violent passion, 
 seized a strange gentleman by the whiskers, and ran him up against the wall, 
 screeching and howling all the time. Upon being remonstrated with by Mr. 
 Cheales and others, he merely uttered a loud unmeaning laugh, which showed at 
 once that he was not responsible for his acts. It was curious that, while fond of 
 gorging himself with food, he was never addicted to drinking. Hence his acts could 
 not be ascribed to the effects of drink. It had been observed that the excessive use 
 of intoxicating liquors led in him only to increased dullness and stupidity, and never 
 to irrationality of conduct. There was, however, a degree of cunning about him 
 which few would suspect. For instance, although he was inconsequential in 
 the extreme, and had no reasoning powers, yet he was able to put a 
 sort of proposition which, at first sight, many persons would think indicated 
 a glimmering of reason. When it came to be examined, however, it would be found 
 to have nothing to do with the matter in hand, to be words, and nothing more. At 
 Eton, after he had reached the age of seventeen, when spoken to sternly he used to 
 cry and blubber like a child, allowing the tears to roll down his cheeks, and never 
 attempting to wipe them away with a pocket-handkerchief. After consulting Dr. 
 Ferguson, who gave him an opinion intended to console him for his ill-success in his 
 attempt to cultivate a barren soil, Mr. Cheales resigned his tutorship in despair, and 
 ICr. Windham was transferred by Lady Sophia to the care of Mr. Goodwin, at 
 Torquay. The latter gentleman would describe to them his vain efforts to improve 
 the papil, and would in all essential respect? confirm the statement of Mr. Cheales. 
 In 1857, General Windham, who had distinguished himself in the Crimea, was ordered 
 out to India. Before leaving England he thought it necessary to make his nephew 
 a ward in Chancery, and that led in 1858 to Lord Alfred Hervey and another Mr. 
 Windham being associated with the original testamentary guardians, Lady Sophia 
 and General Windham. The position of the young Mr. Windham was then brought 
 under the notice of Vice-Chancellor Wood, who, wseing what his manner and habits 
 were, thought he should have an opportunity of travelling. Colonel Bathurst, who 
 had been in the Guards, was induced to take him abroad, but he had no sooner 
 landed on the Continent than he found that he might as well have taken charge of 
 a wild animal. The conduct of the youth was quite outrageous, and up.u. ono 
 occasion the Colonel was absolutely obliged to strike him to keep him in anything like 
 order. At Spa he went about with his clothes unbuttoned, and exhibited an utter 
 unconsciousness not only of the value of money, but even of its use, by throwing it 
 about as the gaming-table and elsewhere. When Colonel Bathurst returned to
 
 EnglaiM, at the end of three months, Mr. Windham was placed under the charge of 
 Mr. Horrocks, a tutor, who tried every possible means to work upon his mind, but 
 in vain. Mr. Horrocks, like Mr. Cheales, found that he could be acted upon 
 only by extreme severity, and Mr. Horrocks was occasionally extremely severe. For 
 that reason Lady Sophia waa not quite satisfied with Mr. Horrocks, though in point 
 of fact his conduct was unexceptionable. He also observed in Mr. Windham a 
 propensity for lying, amounting to a want of knowledge of the difference between 
 truth and falsehood. On one occasion the wretched youth actually swore an oath to 
 Mr. Horrocks that he had become a Roman Catholic, though there was not the 
 slightest foundation for the statement, he having, in fact, no notion of the difference 
 between Protestantism and Roman Catholicism. While on a visit at Pellbrigg-hall 
 with Mr. Horrocks he drove at a furious rate into a neighbouring village, and told 
 the innkeeper that he had his rents in the dogcart with him, protected by a brace^of 
 pistols. He repeated the same story in the market-place in Norwich. There waa 
 no foundation for it. About the same time he became very military in his ideas, and, 
 although he held no commission, he assumed the title of captain, maintained he was 
 the greatest man in England, and required every person to address him as " Captain 
 Windham." The police at Norwich and Yarmouth were obliged to comply with that 
 requisition, and even in London, among the police and others, he was called by no other 
 name than Captain Windham. One of his fancies was to go with railway trains and 
 work the break as a guard. He even attempted to get upon the engine without the 
 permission of the engineer, and to put the steam on. Upon the occasion, in 
 consequence of this unfortunate propensity, he very nearly caused a frightful 
 accident at the Cambridge station. He suddenly snatched a whistle from the 
 guard and blew it to scart the train. The engineer, not knowing who had blown 
 the whistle, actually started the train, and if it had not been stopped in time it 
 would have run into either an approaching train, or a train which had passed on a 
 minute or two before. He had a guard's uniform made for him, with all its 
 appendages, belt and whistle complete, and dressed in this suit he would go to the 
 platform, take the luggage from the passengers as they came ont of the ticket-office, 
 put it in the luggage van, and then, jumping into a second-class carriage, would 
 travel with the train as far as he pleased, repeating his performance at every station 
 where a stoppage took place. Upon one occasion he travelled with a gentleman 
 who was going down to Yarmouth and who knew him well. He left the carriage at 
 Norwich, and upon the gentleman asking him why he was not going on to 
 Yarmouth, " Oh," he said, " I am going to work the six o'clock Parliamentary train," 
 meaning that he was going to London with the six o'clock Parliamentary train 
 during the whole of that week. Upon another occasion he returned to his lodgings 
 one morning, alter being out all night, covered with smoke and dirt like a smoker ; 
 and, in point of fact, he was permitted to work as a stoker upon the engine. While 
 staying at Felbrigg-hall he ran oil' with a mail cart, pretended to be an officer in the 
 service of the Queen, drove furiously into a crowd assembled in front of a menagerie 
 of wild beasts, wanted to go into the menagerie with horse, cart, and all, and wound 
 up by fighting one of the showmen, who gave him two black eyes. Prom Mr. Horrocks 
 he passed into the hands of Mr. Feaneld, of Cambridge, who took him a tour through 
 Scotland and Ireland. In Scotland he continued his screeching and howling, and, 
 in fact, proved quite unimprovable. In May of the present year General Wiudham 
 returned to England, having ^sen written to by his sister. Hia conduct towards 
 his nephew had always evinced the utmost affection and a desire to consult his 
 interests only, and to prevent the necessity of any public inquiry or exposure. He 
 proposed that the young man should go abroad with some person of position, who 
 might assist him in governing himself and his affairs. Mr. Windham assented, or 
 seemed to assent to go, and his uncle thought it was all arranged ; but, unfortu- 
 nately, other persons intervened and entirely frustrated the anxious object of the 
 family. Somebody had impressed upon his mind that his uncle was one of his 
 enemies, and that the real object was to prevent him from marrying and having 
 children, so that General Windham might succeed to the property. The fact was 
 that General Windham would not so succeed ; but such waa the idea suggested to 
 the alleged lunatic. Subsequently young Mr. Windham went to live with Mr. 
 Peafield at Mr. and Mrs. Lewellin's, in Duke street, St. James's. He was there 
 from May to the 29th of August. His conduct continued the same as before. 
 Upon one occasion, because his dinner was not ready the moment he ordered 
 it, he threw open the window, and howled and screamed so that the whole street
 
 might hear him. His gormandizing propensities were exhibited in many carious 
 ways. Once as many as 17 eggs were served up to his breakfast ; upon another oc- 
 casion 12 ; and frequently whea he came home without notice the cook had to poach 
 an incredible number for him. He would cut up joints and throw the pieces about 
 the room, and in eating he made a noise like a pig. One day he ate until he was 
 sick, and vomited on Mrs. Lewellin's dress. It was sometimes extremely difficult to 
 get him to wash himself, and his bed was often found in a filthy state, indicating a. 
 common symptom of imbecility of mind. He also got into the habit of calling 
 everybody "Old Bob Kidley," and would frequently, while at dinner, lay 
 down his knife and fork to beat that tune upon the table. Occasionally he 
 would order dinner for a large party, and then, going out, not appear 
 again till late at night, when he would return alone. He ordered several pairs of 
 boots from a bootmaker in the Opera Colonnade, and told the tradesman to send 
 home for every pair of boots two pairs of boot-trees. Had his orders been executed 
 to the letter he would have received somewhere about 40 pairs of boot-trees. When 
 the bootmaker called with his account he abused him iu the most violent language, 
 and then all at once offered to treat him with champagne. He became well 
 known to the police in and about the Haymarket, and exhibited a desire to act as 
 a policeman himself. He had a particular propensity to give women in charge, but 
 he would attack other persons without cause, and order the police to take them to 
 the station-house. At Norwich he assumed the character of a detective. While at 
 Yarmouth he ran after a party of soldiers in the streets, saying he was their captain, 
 and ordering them oif to the guardhouse. In July he met with a woman who 
 passed by the name of Agnes Willoughby, but whose real name was Rogers. It 
 was in the Ascot week, and judging from his own statement, he saw her first with 
 a person named Roberts. This Roberts lived in a handsome house in Piccadilly, 
 had a brougham, made a splendid appearance about town, and was a well-known 
 man in certain circles. He and Miss Agnes Willoughby, alias Rogers, had been for 
 some time, according to the statement of the alleged lunatic, upon close and 
 intimate and improper terms. Miss Willonghby was not the chastest of the chaste ; 
 her favours in love affairs were not few ; she was known to the police. On the 30th 
 of August, having come of age on the 9th, Mr. Windham was married to Miss 
 Willoughby, alias Rogers, although both he and the lady knew at the time that he 
 was suffering from a foul and infectious disorder. Hastily and hurriedly marriage 
 settlements were prepared by Mr. Bowen May, a solicitor in Russell-square, giving 
 the lady 800 a year at once, to be increased to 1,500 in 1869, when Mr. Windham 
 came into the settled estates. The date was the 29th of August, and the settlement 
 was one in perpetuity, so that Mrs. Windham, without pecuniary loss, might get rid 
 of her husband whom she admitted she loathed whenever she pleased. Nor was 
 this all. Those who had now got possession of the unfortunate young man were not 
 satisfied with 800 a year; they took him to a jeweller's, and there, with an income 
 of 1,250 per [annum, he ordered jewellery to the value of 12,000 or 14,000 for 
 his wife. Moreover, Roberts went down to Fellbrigg-hall and represented to the 
 woodman that he had bought all the timber on the estate for 5,000 for three years, 
 and he would have cut every stick of it if he had been allowed. While staying at 
 Fellbrigg.hall with his wife Mr. Windham was taken ill. An old family doctor was 
 sent for. Mrs. Windham asked him, speaking of her husband, whether he did not 
 think his relations were poisoning him. The doctor said he did not entertain any 
 such idea. He was not allowed to see Mr. Windham again, but was told, on calling 
 at the hall, that Mrs. Windham had sent for her own doctor. On his return to town 
 a short time ago Mr. Windham was visited, under an order of the Lords Justices, by 
 Dr. Mayo and Dr. Forbes Winslow. They found him occupying a suite of apart- 
 ments in Roberts' house in Piccadilly. Dr. Winslow talked to him of the relations 
 which existed between Roberts and his wife both before and after her marriage, but 
 ho failed to perceive in the unfortunate man anything like a notion of decency or 
 propriety, or a sense of honour. All that could be got from him was, " Oh ! Bawdy- 
 house Roberts is a very good fellow, and I like him." The learned counsel then 
 road a placard written by Roberts, but signed by the alleged lunatic, calling upon 
 the " people of Great Britain" to protect him from a conspiracy to defraud him, out 
 of his property ; and concluded by expressing his belief that the statement which he 
 had just submitted to the jury would be in every respect confirmed by the witnessea 
 whom he should call before them.
 
 The examination of witnesses in favour of tke case of the promoters of the in- 
 quiry was then proceeded with. 
 
 ME. NICHOLS, SURGEON, NOEFOLK. 
 
 Mr. Nichols, who was examined by Mr. Field, Solicitor : 
 
 I am in practice as a surgeon in Norwich, and have been for more than 30 
 years. During the last 25 years I have had between 100 and 200 cases of insanity 
 under my care. I am the proprietor of a large private asylum in Norfolk, and am 
 chief surgeon to the Bethel Hospital, in Norwich. I have been for many years 
 acquainted with the Windham family at Fellbrigg-hall. I knew the late Mr. Wind- 
 ham up to the time of his death, which took place in 1854. I know William 
 Frederick Windham, the subject of the present inquiry. My professional attention 
 was drawn to him by his father when the son was about four years of age. I found 
 him to be a child of infirm mental organization. He was unable to speak, was 
 slavering from the mouth, and presented other indications of mental deficiency 
 which induced me to believe that in all probability he would become an idiot. He 
 has not become an idiot, which I confess has surprised me, but he is the next 
 thing to it. I was not afterwards consulted by his father. About two years 
 eince I saw the son at a ball in Norwich. I was introduced to him as a friend of 
 the family. He shook hands with me, and immediately burst out into a violent 
 idiotic laugh. I endeavoured to get him into conversation, but his replies were quite 
 incoherent and convinced me that the malady I had warned his father of had mani- 
 fested itself in an extraordinary degree. During the evening he shook hands with 
 me several times, not remembering, I believe, that he had done so before. He wore 
 a military uniform. According to my judgment, he was in an extremely feeble con- 
 dition of intellect, in a state constituting unsoundness of mind, unfit to manage 
 himself or his property. 
 
 Cross-examined by Sir Hugh Oairns. My attention was first directed to the con- 
 dition of Mr. Windham in 1843 or 1844. He was then about four years of age, and 
 was scarcely able to articulate. I have no note in my diary relating to my examina- 
 tion of him. I speak entirely from memory. At that time I did not keep any 
 memorandum of my cases. I was not consulted aboat anything relating to his 
 physical health, nor did I proscribe for a weak knee. One of the grounds of my 
 conclusion as to his defective mental organization was, that he was unable to articu- 
 late perfectly. Another was slavering at the mouth. There were other indications 
 of a congenital malformation. One was inattention to anything said to him. I 
 could not draw his attention to his playthings ; in fact, he took no notice of any 
 object. I have no doubt I endeavoured to direct his attention to my watch, and I 
 have as little doubt that I did not succeed. I noticed a defect in his upper lip, which 
 was drawn up, leaviag the gum exposed. I observed no defect in the upper jaw. I 
 recollect making an affidavit in this case to be used in the Court of Chancery. If I 
 stated in that affidavit that William Frederick Windham was between five and six 
 years of age when I examined him, I must have made a mistake ; for he could not 
 have been more than four years of age at furthest. The ball in Norwich at which I met 
 Mr. Windham took place in the autumn of 1858. It was an assembly ball. His laugh 
 was very unlike that of a person of sound mind, and was calculated to attract the 
 attention of the bystanders. He wore a military uniform. At that time he bad a 
 commission in a militia regiment. Later in the evening he shook hands with me a 
 second time, and talked, as I thought, incoherently. 
 
 Re-examined by Mr. Chambers. When I saw Mr. Windham as a child the opinion 
 I formed as to his mental incapacity was founded not only upon the symptoms I 
 have mentioned, but also upon the formation of his head. The slavering at the month 
 did not arise from the defect in his upper lip, but, as I believed, from his defective 
 mental organization. His laugh at the ball in Norwich attracted the attention of 
 the bystanders. It was an idiotic laugh loud, shrieking, unmeaning. He did not 
 conduct himself like the other young men in the room. His manner was generally 
 observed and commented upon. It was that of an imbecile. 
 
 By the Master. What I saw at the ball could not be accounted for by mere eccen- 
 tricity. 
 
 THE EEV. H. J. CHEA.LES, LATE TUTOE TO \\. P. WINDHAM. 
 
 The Rev. H. J. Cheales examined, said : I recollect being engaged at Eton as
 
 private tutor to William Frederick Windhatn. He was at that time at the house of 
 Mr. Balston, one of the masters. In the autumn of 1854 we went to Chesterfield, 
 and afterwards to Fellbrigg-hall. The Christmas holidays we spent in London. Ic 
 was my duty to take care of him in everyway. His power of learning was very 
 small. He could read and write English, but not well. He was decidedly inferior to 
 boys of his age generally. His habits were not cleanly. His hands and face were 
 constantly dirty, and he seemed to have no wish to keep them clean. It was ne- 
 cessary constantly to order him to wash himself. He showed great gluttony, and 
 would sit with the saliva running from his mouth at his meals. He ate voraciously, 
 and used to sleep heavily after his meals. I do not remember any sickness resulting ' 
 from his gluttony. I frequently remonstrated with him on the subject, telling 
 him to eat more sparingly and with greater decency. His gluttony continued. I 
 also spoke to him about the slobbering at the mouth, but it likewise continued. He 
 made no answer to my remonstrances. His habit was to sit with his mouth wide 
 open, the saliva running from the corners, and he would sometimes not use hia 
 pocket-handkerchief until I told him to do so. When scolded for any fault, he used 
 to cry far more than boys of his age generally do. The tears ran profusely from his 
 eyes, and sometimes he would let them run down his cheeks without attempting to ' 
 wipe them away. His laugh was unlike that of a reasonable person. He would 
 sometimes laugh without any apparent cau&e, and in a loud boisterous manner. He 
 made other noises screeching and yelling both in and out of the house. He was 
 so addicted to lying that he could not be believed. I endeavoured to correct his 
 habit in this respect, and repeatedly punished him for it, but I met with no success. 
 The untruths he told were sometimes cunning enough, but sometimes they were 
 quite transparent. I think he had a very imperfect sense of the difference between 
 right and wrong, truth and falsehood. His lies were generally intended to protect 
 himself from punishment, and occasionally were exaggerations of what he had seen. 
 They were usually such as were easy of detection. He was much given to low 
 company the lower servants at Fellbrigg and the porters at railway stations. At 
 Eton and elsewhere he would always be in the kitchen when he could. I could not 
 keep him away. He had violent fits of passion, not always with a cause, during 
 which he would abuse everybody who approached him. At those times he used 
 the worst possible language profane and filthy. Even on ordinary occasions his 
 language was coarse and nasty, interlarded with oaths. I have seeii him dance 
 about the house, moving his head and limbs in a peculiar manner, and screaming 
 in a loud voice. I once punished him for brandishing a poker in the kitchen. At 
 Fellbrigg he had a pony and horses. Sometimes he treated them savagely. He 
 would get off his pony, and kick it and beat it, and jerk its month with the reias. 
 Generally there was no ground for beating the animal so. He rode recklessly and 
 cruelly. I punished him n one occasion for swearing at and beating one of the 
 maid servants. I took him into society at Eton and elsewhere. He behaved noisily, 
 riotously, and was rude in his manner to ladies. One evening, at a party in Tor- 
 quay, he seized a gentleman by the whiskers and held his head against the wall. 
 There was not the least provocation. It was one of those outbursts of excitement 
 to which he was accustomed. He uttered a loud laugh. I was obliged to release 
 the gentleman. There were ladies present. Ladies have frequently asked me to 
 protect them from him to take him away. When he lived with me I have been 
 obliged to speak to him about going among the servants and washing up dishes. I 
 have forbidden him to carry trays. My remonstrances had no effect. He was in 
 the habit of sleeping in the daytime much oftener than is usual with boys at his 
 age. He bought himself a railway whistle, and would use it in his own room, shut- 
 ting the door as if it were the door of a railway carriage, and acting as if he were a 
 railway guard. When trains arrived at tho Windsor station he used to open the 
 doors and assist the passengers to alight. Complaints were made to me of his 
 conduct at the station more than once, but nothing I could say or do had any effect. 
 On one occasion I told him I had heard he had been imitating a steam-engine, and 
 moving about as if he were one, lamp and all. He did not seem to see the harm 
 of it. Owing to my want of success with him, I took him to Dr. Robert Fergnsson 
 in the early part of the summer of 1856. Dr. Ferguson gave me an opinion upon 
 his condition, but not in his presence. I remained his tutor for a year after that, 
 but there was no improvement in his mental power, though he could then do school 
 work Latin and Greek better than he could have done it twelve months before. 
 1 gave up my tutorship in 1857 without having succeeded at all in improving his
 
 10 
 
 habits. I think fate intellect was lower than any I had ever seen in a boy of his 
 age. I treated him on that footing. 
 
 At this stage the inquiry was adjourned. 
 
 SECOND DAY. WEDNESDAY, DEC. 17. 
 
 The inquiry in this case was resumed this day before Master Warren and a special 
 jury. The parties were represented by counsel as on the previous day. 
 
 THE REV. H. J. CHEALES. 
 
 The Rev. H. J. Chealea, cross-examined by Sir H. Cairns I was engaged to act 
 as private tutor to Mr. Windham by Mr. Balston, who engaged me on behalf of his 
 mother on 27th April,j|1855. I .was the first private tutor he had at the school. He 
 was at that time in the fourth form. He had then been at Eton more than half a 
 year. His school work would have been Latin, Greek, and verses. I don't know 
 that he was the oldest boy in the fourth form. It is very seldom that boys as old as 
 15 are in the fourth form, though it does so happen occasionally. His spelling was 
 bad all the while he was with me. I did not complain to the "dame" in whose 
 house he was at Eton about his dirty habits in not washing his dirty hands and face. 
 I did make representations to his mother on the subject when we were at Felbrigg, 
 and she said, " You must try and cure his dirty habits." When I complained to 
 him about his gluttony and his habit of slobbering he merely grinned. The defect 
 in his lip did not prevent his closing his mouth. He did not slobber at all times, 
 but only when he was sitting still at his lessons, or when ho was at his meals and 
 not actually eating. Mr. Windham was my first and only pupil. When I ^aw him 
 laughing without apparent cause, I have occasionally asked him why he laughed, 
 and he would sometimes reply that it was what he was thinking of, and sometimes 
 that he could not help it. I never saw other boys laugh before their masters in the 
 wild way he laughed. It was a meaningless laugh, as if he were laughing at nothing. 
 It was like the laugh of a person who was without reason. He was a boy of very 
 wild spirit. When he screeched and made a noise without reason, I have asked 
 him what it was for, and he could not or would not tell me. He would screech and 
 dance about the room and laugh wildly- Sometimes he would do this in the presence 
 of other boys for their amusement to make them laugh. I never reported his 
 untruthfulness to the head master, but I reported his riotous conduct in 
 the house to Mr. Balston, who reported it to the head master, and he was 
 flogged for it. . That sometimes happeas with other boys at Eton. The habits of a 
 boy as to truthfulness and cleanliness would, no doubt, much depend upon the 
 manner in which he had been brought up. Young Mr. Windham was, I understood, 
 brought up with his father and mother at home. I never heard, while at Norfolk, 
 that the father had been in the habit of swearing and using bad language. On the 
 first occasion I was at Fellbrigg Mr. Windham, the father, was there. I saw nothing 
 to lead me to suppose that he was a passionate man, or that he was in the habit of 
 using oaths or profane language. Young Mr. Wiudham was very fond of going into 
 the stable and mixing with the stable boys. Ho was not very fond of horses. While 
 I was at Fellbrigg there was nobody but.his parents and myself for him to associate 
 with. He was the only boy I knew, at Eton or elaewhere, who showed a taste for 
 being about a rail way. I have heard of young .men who were fond of getting upon an 
 engine, if they were allowed to do so, to understand about the mode of driving railway, 
 engines. That would not indicate weak intellect. When I saw him in the kitchen 
 making a noise with the servants, he was jumping about and laughing. That was 
 in 1855, when he was fifteen years old. I gave him impositions for misconduct, 
 generally 100 lines of Latin to write out. Sometimes I was obliged to resort to 
 corporal punishment. I have seen the Highland fling danced, but though it is 
 noisy and there is a goood deal of jumping in it, I do not think it barbarous. When 
 I punished Lira for brandishing the poker, swearing at the servants, beating the 
 maids, and other faults, he did not deny that he did so. He did HOC tell an uutruth 
 about it, because he knew that I had got information from persons who saw it. 
 saw it. When he rode out OH his pony at Fellbrigg he as scarcely 
 ever alone. I usually went with him on horseback. When he got off 
 and beat the pony, which he did frequently, he appeared to be dissatisfied 
 he with the pony. W T hat I mean by his riding recklessly was that he 
 would ride with a loose rein over rough ground, and sometimes that would 
 ride very fast. The pony was a sure footed auima. He went occasionally into
 
 11 
 
 society in the neighbourhood of Fellbrigg. It wasjgenerally to cricket parties. He 
 had no opportunity of going out to evening parties, or dining out at gentlemen's 
 houses. He had no sisters. It was at Christmas, 1855, and at Easter, 1856, and. 
 again at Christmas, 1856, that we were at Torquay. I believe it was at Christmas, 
 185H, that he assaulted the gentleman at the party. Hio mother was with him at 
 Torquay. Mr. Campana waa the person he assaulted. He was a foreigner, an 
 Italian. I had met Mr. Campana before, and so had young Mr. Windham. I don't 
 know that any conversation took place before the assault. My attention was first 
 directed to the circumstances by hearing his laugh when I was at the other end of 
 the room. His mother was in the room. I did not complain to his mother about it. 
 (To the Master) Mr. Campana was between thirty and forty years of age. (To 
 Sir H. Cairns) I told Mr. Windham's mother that I was dissatisfied with my pupil. 
 When I have been called upon to protect ladies against his rudeness he was about 
 sixteen. The rudeness was following them about the room and shouting. What the 
 ladies said to me was, " Take away this disagreeable boy." I remember Mrs. 
 Jeffries, the housekeeper at Fellbrigg. Thave complained to her of the conduct of 
 my pupil. I had his mother's consent when I took him to Dr. Fergusson. I think 
 Mr. Windhain had an allowance paid through me when he was under my care at 
 Eton. He was extravagant, and got into debt. I don't remember what was the 
 amount of his allowance. I paid his debts one of them was a debt of 18s. at a 
 pastrycook's. 
 
 Sir H. Cairns Was there ever much cordiality between you and your pupil ? 
 We were very good friends at times not so at other times. I left my pupil finally 
 at Easter in 1857, when we wore at Torquay. I did not see General Windham nor hear 
 from him while his nephew was with me. I first made his acquaintance a few 
 weeks ago. He asked me to call at his house at Eaton-square. He expressed a 
 wish to see me. I did not see him from that time till yesterday, when I met him in 
 court. 
 
 Cross-examined by Mr. Coleridge (on behalf of Mrs. Windham) When Mr. Wind- 
 ham left Eton he was in the fifth form. I don't recollect what part of the form he 
 waa in. You may assiime, for the purposes of a question, that he was in the middle 
 division. While there he would have to do, Homer 75 lines ; Virgil 75 lines; Satires 
 and Odes of Horace, Livy, or Tacitus, Lucian, Xenophon, the Greek Testament, the 
 Odyssey, or Telemachus, ^4 lines of verses, Latin exercise, and Greek exercises and 
 mathematics. He got through his work with my help. I cannot undertake to say 
 he was in the fifth form. I do not know that he did Homer. There are trials at 
 the school ; I don't know how many in the year. I believe there are trials twice in 
 the year. Mr. Wmdham was there two years, and was treated like the other boys. 
 I never saw any other Eton boy make the noises he did, or conduct himself in the 
 same way. I never heard the Ethiopian Sereuaders. I never heard the way in 
 which they imitate a steam engine and end with a howl. (Laughter.) I have not 
 seen my pupil since I left him at Torquay, at Christmas, 1856. I resigned my 
 charge from ill health. I left on my own accord. 
 
 Re-examined by Mr. Field If my pupil was in the fifth form it was only for a very 
 short time before he 'eft. He was ill and not at school in the autum of 1856, so- 
 that he could not have done fifth form work for many months. His capacity for 
 the work he actually did was very small. I think his capacity slightly increased as 
 he went on. His illness was caused by an injury to his finger, arising from his 
 putting his hand in the lifting machine, and turning the wheel, which caused a coo- 
 wheel to coine on his finger and crush it. I did not report his untruthfulness and 
 noisy conduct to the head master, because I thought it better to treat him privately. 
 His jumping and yelling was nothing like the Highland fling. I mean by riding 
 recklessly that he rode in a way endangering his own safety. He got into debt to 
 the extent of some few pounds. 
 
 By the Jury The help I gave him in his studies was to see that he prepared his 
 lessons, and put him right when he was wrong. I had to help him considerably 
 more than private tutors usually help pupils. The removal from one form to 
 another is by merit, the character of the boy being taken into consideration. His 
 removal was the result of the school examination. In his case I believe favour was 
 shown. He got flogged for not construing his lessons, but not often when I was 
 with him. His allowance was about the same as other boys in the school. It was, I 
 believe, about Is. or 2s. a week. He went to the kitchen because he liked tho 
 company of the servants. His principal amusement there was washing up dishes.
 
 12 
 
 ' EDWARD HALE, ETON, TUTOR TO MR. 'VriNDHAM. 
 
 Edward Hale, examined by Mr. Williams I am a clergyman and mathematical 
 master at Eton, and have been so eince 1850. I took part in the instruction of Mr. 
 Windham. He was up to me in school in 1855, and he was my private pupil in the 
 election and Easter, 1856. Part of the time I resided in the same house with him, 
 Mrs. Yoyse's. When he first came up to me I was obliged to have him sit close 
 by me, and work separately from the other boys, as he could not keep up with them. 
 The boys in the fourth form in Windham's time would be generally from eleven to four- 
 teen years of age. I never could teach him Euclid. We got through a certain amount 
 of vulgar fractions. He could do any sum when I showed him the way to do it, 
 but he could never work out anything like a problem himself. He was the densest 
 pupil I ever had. I don't think he made any sensible advance while he was under 
 my care. When he first came up to me he began to make a row. I made him come 
 up and sit by me and told him I would put him in the " bill," which means that he 
 would be reported to the head master. He was amenable to discipline then, or to use 
 another Eton word, he rather " funked." He was very dirty, and had indecent 
 habits. I advised Mr. Cheales to consult a medical man about him, in consequence. 
 He would get the boys round him, and make faces and dance for their amuse- 
 ment. From what I saw of him I considered him incapable of mental exertion, 
 or of managing himself. 
 
 Cross-examined by Mr. Karslake Mr. Cheales was never present when he did 
 his lessons in school. The coaching of Mr. Cheales was, therefore, so far effective. 
 Other boys are coached in the same way by private tutors if they are backward. 
 He did not make a fool of himself in school after I put him in the bill. I did put 
 him in the bill, and he was no doubt flogged. When he cried the noise he made 
 was peculiar. It was a sort of " boo, boo," and he shed tears plentifully. I do not 
 know that he was bullied more than other boys. I observed a malformation of his 
 mouth. I did not know that he wore an ivory palate. In the fourth form we began 
 with compound division and went up to vulgar fractions. He could not do a rule 
 of three sum without assistance, but he could do a sum in vulgar fractions when he 
 was shown how. He could do compound addition. He was my private pupil till he 
 left at Christmas, 1856. I think Mr. Windham was never in my room with other 
 private pupils. What I told him to do he did. He was utterly unable to under- 
 stand the terms of any proposition in Euclid. I have never seen him since he left 
 Eton. I believe he got as far as the fifth form, and that he was allowed to be 
 presented to the fifth form without examination, because of the accident to his hand. 
 
 Cross-examined by Mr. Coleridge I formed my opinion that he was incapable at 
 the fourth form trials before he was my private pupil. 
 
 By Mr. Chambers He was not fit to pass the examination necessary to go into 
 the fifth form. 
 
 By the Master I am master at Eton now, and have been so between elevan 
 and twelve years. During that period I have never had a boy so low mentally, or 
 BO odd in his habits. 
 
 By a Juror I have a distinct notion that he knew the first four rules of 
 arithmetic, simple and compound. I never tested him with mental arithmetic. 
 He was looked upon by the boys as a buffoon, and he was generally called by them 
 "Mad Windham." I have heard of another boy being called mad, but that was 
 tefore I was at Eton. 
 
 DR. DALRYMPLE, SURGEON, NORWICH. 
 
 Dr. Donald Dalrymple I am a surgeon, and have long practised at Norwich. I 
 was for more than twenty years proprietor of a lunatic asylum ; I am also one of the 
 governors of the Bethel Lunatic Hospital. I have known Mr. Windham from his 
 childhood, having been intimately acquainted with his father. I lost sight of him 
 from his birth to 18-48. From that time I noticed him till 1854. My opinion of 
 young Mr. Windham is that his intellectual powers are very much below par. I 
 think he is fit to manage himself personally, but not to go into the world with 
 reference to his own safety and the safety of the public. I think he is ertainly unfit 
 to manage his own property and money. He was subject to sudden fits of passion, 
 and while under their influence I do not believe he was sensible of the distinction 
 between right and wrong. In July or August, 1850, he staid two nights at my 
 house with his mother. A horse was hired for him, because I did not like to trust him
 
 13 
 
 with one of my own. He did not bring the horseback, but it was found the next 
 day at the lower end of the town. The saddle came back at the end of a week, but 
 the bridle never came back. I was at Norwich on the day of General Windham' s 
 ovation. There was a dinner at St. Andrew's- hall. Before dinner he rode in a> 
 carriage with his mother, my wife, and myself, and I had the greatest difficulty in 
 keeping him to his seat in the carriage. He shouted and yelled, making a great 
 noise which we could not stop, and when in the hall he jumped upon the chairs and 
 the table, and he was continually interrupting the speeches. I can't, say that he 
 had not been drinking, but he was not drunk. His noisy conduct was not the effect of 
 drink. He slept at my house that night. I went into his room to see if his light was "" 
 out; it was not, but ho was asleep and stark naked, without any bed-clothes on 
 him. 
 
 Some other evidence was given by this witness as to certain habits of the alleged , 
 lunatic, which habits, the witness said, were both symptoms and causes of mental ; 
 disease. The witness further spoke of various eccentricities of conduct on the part 
 of Mr. Windham on several occasions down to the beginning of the present year. 
 
 Cross-examined by Mr. Karslake I was intimate with the Windham family. 
 Young Windham was a spoiled child. The late Mr. Windham was a very hot 
 tempered man. His mother was also an excitable person. Young Mr. Windham, 
 as a child, was allowed to have his own way. I think he would have been better if 
 more restraint had been put upon him. He was irregularly restrained, and he 
 would be blamed at one time for what would be passed over at another. I was a 
 frequent visitor at tho Hall. Young Windham was very fond of the servants' hall 
 and the stable, but was more in the servants' hall than the stable. He was brought 
 down to his father's funeral, and he was very much affected while in the church, but 
 after the funeral I was painfully struck with the little emotion he displayed at his 
 father's death. When he was stopping at my house in 1856 his mother wrote to 
 me two or three days before to get him a horse. She never asked me to lend him OHO 
 of my horses. The occasion on which the horse was hired was that of General 
 Windham's ovation. It was quite a gala day. There was a procession, flags, and 
 carriages, and people on horseback going about all day. 1 do not know of his 
 having a peculiar defect in the mouth, or that he ever wore an ivory palate in his 
 mouth. His speech is peculiar, but not so much so as to attract attention. The 
 dinner at St. Andrew's hall was about half-past four in the afternoon. There were 
 many gentlemen and many of the Norfolk farmers present. Young Mr. Windham, 
 was noisy at every toast. There was wine ad libitum, and the proceedings lasted 
 until nine o'clock. There was great noise when the general's health was drunk. I 
 never heard more noise in St. Andrew's-hall. Mr. Windham came home to supper. 
 I have seen him, when a child of five or six years old, fling himself down on the 
 floor and howl and blare, and bite the carpet, because ho was told that he must not do 
 something he was doing. I remember an outbreak at a later period, between 1848 
 and 185i, when he came howling into the room and complaining that one of the 
 servants had done something to him. I have never visited him at Fellbrigg since 
 he became of age. I never, since he was of age, saw him deal with a tradesman or 
 pay money. I have never shot with him or rode with him since ; and God forbid I 
 should dine with him. (A laugh.) I never saw him do anything in reference to 
 the management of his affairs buy, sell, or communicate with his steward, or 'ai.y 
 thing else in the way of business, since he came of age. Mr. Anscll, the solicitor, 
 (formerly the receiver), employed me to make an affidavit in this case. I never saw 
 3Ir. Windham transact any matter of business. I never saw him fire a gun. Yet I 
 said in the affidavit that I considered his mind so entirely inconsequential that ha 
 could not see the effect any course of action might have upon his affairs, and if he 
 were to shoot a dog or a keeper insanity might be pleaded in his defence. What I 
 stated in the affidavit and in my evidence to-day as to the habits which affected 
 his n-ind, waa from what I saw on the night he was at my house, and from his 
 drinking, gormandising, and mingling with low company and low women. I believe 
 he is able to take care of himself so far, that he would take good care that he would 
 not get himself into danger ; but I believe if he did injure anybody wilfully, insanity 
 might properly be pleaded in his defence. 
 
 Re-examined by Mr. Chambers. I do not consider that he is able to take care of 
 himself in society, but that he is able to take care of himself personally. 
 When he came home from the dinner he did uot exhibit any signs of having drauk 
 to excess.
 
 14 
 
 By the Master. I have had twenty-five years' experience in cases of insanity. 
 I consider Mr. Windham's case to be one of imperfectly developed mental 
 power, and I believe it to be congenital in him. What I mean by his being able 
 jx> take care of his person is, that he is physically able to defend himself. 
 
 DR. JOHNSON, PHYSICIAN, NORWICH. 
 
 Dr. James Johnson examined by Mr. Field. I have practised as a physician in 
 Norwich for. thirty years. I have had a great deal of experience in mental 
 diseases. I have known Mr. Windham from childhood personally, and more 
 intimately since his uncle's return from the Crimea. At the ovation of the 
 Fellbrigg tenantry on the occasion of his uncle's return I saw him on his pony, 
 riding at random. He rode into the crowd, and as the pony was frightened by the 
 discharge of artillery, he got off and tried to draw the pony into the crowd after 
 him, through the horses, and carriages, and people. Lord Snffield interfered, and 
 took him by the collar and dragged him out. I was at the Norwich sessions ball, 
 in 1859, and saw Mr. Windham there. He behaved very strangely, jumped about, 
 walked backwards, beckoned to the ladies to come down to him ; he trod upon Sir 
 John Boileau's toes, and instead of apologising, swore, and when somebody after- 
 wards trod upon his toes he took up his foot in his hand and hopped across the 
 room howling. (Laughter.) At the subscription ball his behaviour was equally 
 strange. He forced his partner through the dances, tore the ladies' dresses, and 
 committed other absurdities. He did the same at other balls. He laughed 7n 
 these occasions in the strangest manner. 
 
 Cross-examined by Mr. Karslake I cannot give yon an idea of the kind of laugh 
 tmless you go to Colney Hatch. (A laugh.) I was never introduced to Mr. 
 Windham. What I mean by being personally acquainted with him is that I knew 
 him by sight. When he pushed his partner through the dancers they were waltzing. 
 I refused to allow my daughter to dance with him, because I considered him to be a 
 person of unsound mind. 
 
 KEY. T. GOODWIN, OF TORQUAY. 
 
 Rev. Thos. Goodwin examined by Mr. Williams I am a clergyman of the Church 
 of p]ngland. I was residing in Torquay in the early part of 1857. I was applied to 
 to take charge of Mr. Windham during the time I remained in Torquay. I did so, 
 and he remained with me a fortnight or three weeks. He lived with his mother, 
 and I went to the house each day. I attempted to instruct him. His education 
 was exceedingly deficient. While I attended him we could do no more than get 
 through two chapters of Prescott's " History of Peru." I found it almost impossible 
 to fix his attention upon any subject, and 'when he did fix his attention upon any 
 subject he had not the capacity to master it. I found him dirty in his habits, 
 untruthful, and boastful. He would tell untruths without any other object than 
 that of boasting. He was very excitable. I have seen him jump over chairs, jump 
 on his mother's shoulders and try to ride on her like a horse, and when reading he 
 would suddenly jump up and run three or four times round the garden as fast as he 
 could. I have seen him fly into a violent passion because his mother, Lady Sophia, 
 refused him ..permission to go out hunting. He gorged very much. I have seen 
 him at an evening party bring in a large dirty dog and let it loose among the ladies, 
 I have no doubt from what I saw of him that he is of unsound mind. 
 
 Cross-examined by Mr. Karslake I judge of his deficient intellectual develop- 
 ment from my conversation with him. 
 
 Ee-examined by Mr. Chambers He was quite unable to keep up a conversation, 
 however simple. 
 
 COL. BATHURST, JIE. \VINDHAM's CONTINENTAL COMPANION. 
 
 Colonel J. P. Bathurst examined by Mr. Chambers I was formerly in the Cold- 
 Btream Guards. I now command the 29th Middlesex Volunteers. I was introduced 
 to young Mr. Windham in May, 1857, for the purpose of taking him abi oad. I 
 was appointed by Vice-Chancellor Wood to travel with him for about six months. 
 We first went to Brussels, and then to Spa, where we remained a fortnight. 
 We then went to Wiesbaden, to Baden Baden, and the usual tour through 
 Switzerland. On our return we revisited Spa, and remained there a little 
 while. We were away from England from the 19th of June to the end of 
 September. I was constantly with him all that time. With the exception of looking 
 at a newspaper occasionally, and at a novel I got for him, I do not think he applied
 
 15 
 
 himself to anything while I was with him. Before we went abroad I got him the 
 *' Ingoldsby Legends," which he read part of I believe, because he remembered, and 
 often afterwards repeated one couplet about the modern monk getting jolly drunk. 
 (A laugh.) I observed that he was cruel to animals and was very fond of flogging 
 horses severely. On one occasion at Spa he flogged a horse he rode so badly that I 
 had to give a sum of money to the owner to settle the matter. He was a glutton at 
 eating. He had a great fancy for speaking in the dialect that the common people 
 of Norfolk use. He was very noisy, and would run up and flown stairs at the hotel 
 shouting at the top of his voice. The noise was usually a sort of hunting " halloo." 
 He was constantly laughing, and I could at any time have set him off laughing 
 for any length of time ; the only difficulty would have been to stop him. He 
 appeared when laughing, which he would do for no reason at all, to be unable to 
 stop himself, and all the while the saliva would run down from the corners of his 
 mouth. Sometimes he would cry equally without cause. While travelling on the 
 continent he woulde ndeavour to make acquaintance with the railway guards, and, 
 by giving them a small douceur, get them to allow him to work the breaks 
 with them. At the hotels he would laugh and romp with the waiters. I remon- 
 strated with him, but my remonstrance had no permanent effect. He was always 
 falling in love with the ladies wherever he met with them, and I heard that he 
 pressed to some of them. Whilst I was with him at Plymouth he got excited at 
 a dinner, and shouted out to a lady at the other end of the table repeatedly so aa 
 to attract attention. It was something more than want of manners. It was com- 
 plained of to me that he used foul language in the presence of ladies, and I spoke 
 to him about it. At my suggestion he made an apology. His behaviour in society 
 generally was rude, boisterous, and unmanly. He would not be live minutes in a 
 room without making himself conspicuous to all present. I have had repeated 
 complaints made to me of his conduct, and have spoken to him about it. He was 
 very careless in his clothes and person. I supplied him from time to time with 
 small sums of money, which he wasted foolishly. He frequently told untruths, and, 
 was in the habit of making exaggerated statements. Many of his statements were 
 such obvious untruths that I was almost led to believe that he scarcely knew the 
 difference between truth and falsehood. I have seen him fly into passions so violent 
 that I believe had he a weapon in his hand while under their influence he would be 
 unable to control his actions. We returned before the time intended, because I 
 felt I could make no improvement adequate to the remuneration I was receiving. 
 ]VIy impression from what I saw of him is that he is decidedly of weak intellect. 
 I believe ho; could manage himself; but if he went into society he would make him- 
 self very soon disagreeably conspicuous. I consider him decidedly unfit to manage 
 his private affairs. 
 
 At the conclusion of the witness's examination in chief, the inquiry was further 
 adjourned till next day. 
 
 THIRD DAY. WEDNESDAY, DEC. 18. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell, for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Wiadham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 The Master said I am seriously distressed at the length to which it is almost 
 inevitable this inquiry will extend. I have already signed and sealed about 209 
 summonses to witnesses. It may not be necessary to serve all those ummonses, 
 but I. have issued them to all parts of England, to Scotland, to Ireland, and even to 
 Russia. The expense of such an inquiry is necessarily frightful. All parties have an 
 interest in keeping it down as much as possible, and I will do so. It is impossible 
 for us to sit on Monday next, the day of the funeral of the late. Prince Consort ; but 
 after that, with the exception of Christmas-day and Sundays, you may sit every day 
 until three o'clock in the afternoon, up to the 1st of January. I understand th'it 
 General Windham, a very distinguished officer, will have to go to India soon, in order 
 to resume his command, which has been suspended by the Horse Guards solely for 
 the purpose of enabling him to attend to this matter. Nevertheless, with every dis- 
 position to accommodate General Windham, I have other public duties which will
 
 16 
 
 take and keep me away after the 1st of January until the end of the week. I hope 
 that every effort will be made, consistent with justice, to shorten the inquiry, and 
 meanwhile I trust that the arrangement which I have just announced will give 
 general satisfaction. 
 
 Sir H. Cairns was sure that everybody engaged in the case would respond to the 
 feeling which actuated the learned Master in proposing not to sit on Monday next. 
 He was somewhat alarmed at hearing the great number of witnesses whom it was 
 proposed to call on the other side, but he was not without hope that things would 
 clear off a little as they proceeded with the inquiry. For his own part, he was pre- 
 pared to do all he could to shorten the inquiry, but his course must be in a great 
 measure regulated by what was done on the other side. 
 
 Mr. Field said that no effort would be wanting on the part of council for the 
 petitioners to bring the proceedings to a close as soon as possible. 
 
 Colonel Bathurst, cross-examined by Sir H. Cairns. I was a brother officer of 
 General Windham in the Coldstream Guards. I was rather more than three months 
 with young Mr. Windham. I was abroad from the 18th of June to the end of Sep. 
 tember. We were moving about during the whole of that time. Mr. Windham 
 picked up one or two words of French, but he could not speak the language; he 
 was therefore obliged to confine his conversation to those who understood English. 
 I took him to church, but I was obliged to get him out of bed for that purpose. 
 He purchased some clothes on the Continent, but they were not suitable to his con- 
 dition as a gentleman. In that instance he may be said to have thrown his money 
 away. While we were abroad I spent for him at the rate of about 200 a-year. 
 That included clothes and pocket-money. I gave him money when he asked me 
 for it. I have spoken to him once since I parted from him on our return to England. 
 At the time I was travelling on the Continent I did not enter into the Ro- 
 man Catholic Church, nor have I done so since. There was a paragraph in the 
 paper to that effect, but it related to my brother. I gave Mr. Windham up to his 
 guardians. 
 
 Re-examined by Mr. M. Chambers. The clothes he bought were not snch as one 
 sees Englishmen of condition wearing abroad. They were not ridiculous, but they 
 were ill-made and of very inferior stuff. He had never anything to show for the 
 money he spent. I therefore conclude that he wasted it. 
 
 By the Master. While with me he ate more than he ought to have done. I have 
 seen him tipsy, but I cannot say that he drarik to excess. Drink made him sick and 
 dull. His rude and boisterous cwndnct could not be asci ibed to the effects of drink. 
 
 ME. FARRAR, EEGISTRAR OF THE COURT OF CHANCERY. 
 
 Mr. Farrar, examined by Mr. Field. I am one of the Registrars of the Court 
 of Chancery. I met Mr. Windham at Spa in August, 1859. I saw him at the 
 gaming-table two or three times. He was playing not paying any attention 
 to the game, but throwing his money about recklessly. I had frequent conver- 
 sations with him. His talk was idiotic. I gathered from him that he preferred 
 living with a class below hia own station in life. I saw him acting as a 
 railway porter at the station. His dress was put on negligently, as if he had 
 come out in a hurry. It was unbuttoned. His conduct was the talk of Spa. 
 
 Sir H. Cairns. There is not much in that. I dare say Spa is sometimes sadly in 
 want of something to talk about. (A laugh.) 
 
 Mr. Chambers. And Mr. Windham was the very man to give it something to 
 talk about. (Laughter.) 
 
 The Master. The newspapers of this morning report with great accuracy 
 certain bursts of laughter which took place yesterday. I hope nothing of tho 
 kind will take place again. The inquiry is a very painful one, and I trust that out 
 of respect for public decency, if for no other reason, we shall in future have no snch 
 unseemly ebullitions of feeling. 
 
 Cross-examined by Sir H. Cairns. I did not notice what sums Mr. Windham 
 put down on the gaming-table. He staked, I think, two or three pieces at a 
 time. I can state positively that he put down more than a five-franc piece at 
 one time. I have seen him stake three five-franc pieces. I was playing myself. 
 I cannot state the particulars of the conversation I had with him. I can only 
 give the impression his talk produced on me. He talked and acted like a 
 person of unsound mind. He was particularly fond of thrusting himself upon 
 ladies, and at the gaming-table he used to sit with his arms stretched out
 
 W. F. WINDHAM, ESQ.
 
 19 
 
 looking into their faces, instead of attending to the play. I, on the other 
 hand, paid more attention to the play than to the ladies ; that was the difference 
 between us. (A laugh.) I cannot say whether when he won money he took it 
 up or not. He told me he liked to be on the railway, and to be with the 
 people who worked the engine. He also told me that he liked to work the 
 engine himself. I do not think I ever saw him on the engine driving. He was a 
 slovenly dresser. 
 
 lie-examined by Mr. Chambers. The ladies into whose faces he gazed at the 
 gaming-table might not have been of a very particular class. It is possible, 
 therefore, that they may riot have felt annoyed by his conduct. I have seen him 
 opening tho doors of the carriages at the railway station, and acting in all respects 
 like a porter. I regarded him as a person of no mind at all. 
 
 MRS. M. A. WILKINSON OF LEAMINGTON. 
 
 Mrs. Mary Alicia Wilkinson, examined by Mr. H. Williams, said : I am a widow, 
 and reside in Leamington. I was residing at Spa between two or three years ago. 
 During my residence there I met with Mr. Windham. It was in 1859. He was staying 
 in the same hotel with me. I had no knowledge of his family, except from hearsay. 
 I saw him every day for more than a fortnight, and several times each day. I had 
 frequent conversations with him. He conducted himself in those conversations liko 
 a child. My general object was to improve his manners, and to teach him the 
 difference between truth and falsehood. I took an interest in him, because I con- 
 sidered him to be a person of a weak intellect. He could not control himself in 
 crying, and would seek my assistance to get him out of little scrapes. He used to 
 thank me for my kindness and promised to behave better in future, but he never 
 kept his promise, because he did not know the value of promises. He would cry on 
 every slight occasion. I remonstrated with him about his rude conduct in society. 
 I have observed him at the table d'hote. On one occasion he obliged me to say I 
 would leave the table d'hote unless he would conduct himself as a gentleman. He 
 was indulging in extraordinary laughter, and seemed incapable of controlling it. 
 He was urged to leave the table, and afterwards to leave the hotel. He did not 
 leave because an explanation was given to the company. There was no cause what- 
 ever, as far as I am aware, for his laughter on that occasion. I have frequently 
 seen him on other occasions indulging in similar fits of laughter. The explanation 
 made at the table d'hote was, that he was a person incapable of controlling himself. 
 He was unable to speak French, and I had to make the explanation on his behalf. 
 In general society in Spa he conducted himself in so extraordinary a manner that I 
 was obliged to explain to my own personal friends that he could not be held responsible 
 for his acts en account of the weakness of his intellect. At a quadrille party a 
 young lady, to whom I was acting as chaperone at the Spa, and to whom I had 
 introduced him as a partner, brought him up to me and told me in his pi-esence that 
 she did not like to leave him in the middle of a dance, but he had threatened to box 
 her ears because she would not dance fast enough to please him. (A laugh.) On 
 another occasion I remonstrated with him about his going to the station and acting 
 as guard. He told me he had gone as a guard to the next station to take charge of 
 aorne jewels and a pony carriage. I told him that he must not do so again ; that it 
 was only on account of his eccentricity that he had been allowed by foreigners to do 
 it. The only reply he mnde was that he knew how to take charge of a train, and ifc 
 amused him. I found him to be untruthful. 
 
 Cross-examined by Mr. Karslake. He was perpetually uttering falsehoods in 
 fact, did not know the difference between truth aud untruth. I do not recollect any 
 instance of a direct falsehood, but he was guilty of exaggerations so extraordinary 
 that I did not believe a word he said. He would relate incredible stories with 
 respect to himself. He told me that he had been in the habit of carrying -pistols 
 about his person and usin# them when necessary ; that ho could drive any kind of 
 carriage or any number of horses ; that he was a remarkably brave man, and, in 
 fact, feared nothing. To try him I asked him to drive me, and got a pony carriage 
 for him, but he used the ponies so cruelly that the owner said he would never allow 
 Mr. Windham to drive them again unless I became responsible for their safely. I 
 was not dressed like a widow at Spa. I knew Colonel Bathurst. I had met him in 
 society, and regarded him as a friend. When Mr. Windham misconducted himself 
 at the table d'hote in the way I have described, Colonel Bathurst was not present. 
 If he had been present I should not have interfered or made any explanation to the 
 
 B 2
 
 20 
 
 company. In passing through the rooms I have put down a five-franc piec on the 
 gaming table. It is customary to do so. I did not play habitually, nor was I a 
 ever a severe loser. I once" saw Mr. Windham put down money on the table ; it 
 was the evening before he left, when everybody is expected to stake a little. Colonel 
 Bathurst asked me to look after hie pupil as much as I could, and I introduced him 
 to all my personal friends. He was yery fond of dancing, but very few ladies would 
 dance with him. Colonel Bathurst was always with him at the balls. My maiden 
 name was Horrocks. I am a sister of Mr. Horrocks, who at one time was tutor to 
 Mr. Windham. At Spa Colonel Bathurst told me he intended to give up his charge 
 of Mr. Windham, and asked me whether I knew anybody who would take care of 
 him. I mentioned my brother's name. I returned to England in May last, but 
 have not seen Mr. Windham since he left Spa, in the autumn of 1859. One of the 
 scrapes about which he consulted me was his having been ordered to quit the hotel. 
 I do not recollect any other at the present moment. He told me that he was afraid 
 he would get into a scrape with his travelling tutor, Colonel Bathurst, about his cruelty 
 to the ponies. When I told him at the table d'hote that the company wanted him to leave 
 theroom, and translated what one of the waiters said to him in French to thateflect, 
 he said "Oh, nonsense; I don't care for anybody ; I will do what I like." Even- 
 tually he promised to behave better, and upon my interposition he was allowed to- 
 remain at the table. Afterwards, however, he brought a note in French to my 
 drawing-room, which proved to be a request from the landlady that he would leave 
 the hotel. I translated it to him, when he begged me to intercede for him, and said 
 he hoped Colonel Bathurst would not hear of it. I explained to the landlady in 
 French that he was mal timlrd a person of wea* intellect. He often cried in nay 
 room, sometimes without any apparent cause. I offered to read to him, but he 
 seemed to be incapable of understanding the simplest subject. 
 
 By Mr. Coleridge I was not acquainted with any member of his family. 
 
 Re-examined by Mr. M. Chambers He talked like a vain, silly child "boasting of 
 his personal achievements and about what he could do. When I rode out with him 
 in the pony carriage he drove ia a reckless manner. I told him he was endangering 
 my life, and threatened to speak to Colonel Bathurst. He beat the ponies cruelly 
 about the head. The presence of Colonel Bathurst seemed to act as a restraint upon, 
 him. There is no foundation whatever for Mr. Windham, or any one else, saying 
 that I have been in the habit of playing. I have never done more than put a piece 
 down when visiting the rooms with a party of friends. When Colonel Bathurst told 
 me he was going to leave Mr. Windham I wrote to my brother, at Mr. Windham's 
 own earnest request that I should do so. Mr. Windham said he would like to con- 
 tinue under the charge of an officer, and, as my brother at that time held a commis- 
 sion in a militia regiment, I thought he would be a proper person to succeed Colonel 
 Bathurst. 
 
 By the Jury Mr. Windham was very untidy in his dress, and I often refused to 
 admit him to my drawing-room until he had washed his face and combed his hair. 
 
 MRS. WINDHAll's RIGHT TO APPEAR BY COUNSEL AND EXAMINE EVIDENCE. 
 
 Before the next witness was called a conversation took pkce between the Master 
 and Mr. Coleridge as to the right of the latter, as counsel for Mrs. Windham, not 
 only to cross-examine the witnesses and address the jury, but also, if he thought it 
 necessary, to adduce evidence of his own. Mr. Coleridge maintained that the order 
 of the Lords Justices under which he appeared invested him with all the rights and 
 privileges of a party in the case, including the right of calling witnesses, and at the 
 present stage of the inquiry he refused to pledge himself not to exercise that right 
 among the rest. The Master intimated his intention to write to the Lords Justices 
 on the subject, asking them to explain the meaning of their order relative to Mrs. 
 Windham, and directing their attention to the circumstance that it did not contain 
 the words which, in the order issued with respect to the mother of the alleged lunatic, 
 authorised that lady to adduce such evidence as she might think proper to lay before 
 the jury. Mr. Coleridge protested against any consultation with the Lords Justices 
 as to what they meant by their order; but the Master said he would exercise his 
 own discretion in the matter. Later in the day the learned Master intimated to Mr. 
 Coleridge that he had written to the Lords Justices, and had received from them a 
 reply to the effect that, in their opinion, the counsel for the lady alleged to be 
 the wife of Mr. Windham should be allowed both to address the jury and to call 
 witnesses.
 
 21 
 
 MR. E. HORUOCKS, MR. W. J. M'ISDIIAll'S CHANCERY TUTOR. 
 
 Mr. Edgworth Horrocks examined by Mr. Chambers. I was formerlv a lien- 
 tenant in the Lanarkshire Militia, und subsequently held a commission in 
 the Highland Borderers. Mr. Winclham was placed under my charge in 
 October or November, 1859, after Colonel Bathurst gave up his tutorship. 
 He remained with me until June, 1860. We went first to Fellbrigg.hall. 
 Wo were there some months, when we returned to London. I then 
 endeavoured to get him abroad, but he refused, and we went to Folkestone. We 
 'ifterwards visited Sandgato, St. Leonard's, Ryde, and Shirley, near Southampton. 
 I left him in London. I had ample opportunities of noticing his state of mind, 
 his manners, his habits, and his conduct. The conclusion I came to waa that ho 
 was a person of unsound mind that his mind waa not in a healthy state. He 
 seemed to be unable to fix his attention upon any subject for more than a few 
 minutes at a time. If I were very severe with him he would read with me for a 
 longer period than usual, but it appeared to be a punishment to him, and he did 
 not understand what he was reading. He would read newspapers. I could not 
 succeed in teaching him anything. I tried to get him to read and spell properly, 
 and I offered to teach him some of the modern languages. My efforts were not 
 successful. He would learn nothing. The more I tried, the more obstinate ho 
 became. I could not induce him even to try to learn French or German. At times, 
 but very seldom, he talked reasonably. I found him to bo untruthful, and his lies 
 were so palpable that it appeared to me he could not distinguish between truth and 
 falsehood. I could not believe a word he said. I observed his boastful disposition, 
 but do not remember any particular instance of it. At St. Leonard's he told me tha j 
 he had become of the Roman Catholic faith, and was going to marry a lady of that 
 persuasion. His words were, " I swear to God that I am a Roman Catholic." I had 
 never gone with him to a Roman Catholic chapel. He Lad told me that he 
 intended to go to one with the young lady ; but I am not aware that he went. 
 Upon one occasion, at Fellbrigg, he drove me in a dog-cart to a neighbouring 
 village so as to endanger my life. He drove furiously into the inn yard, and I waa 
 jerked out. The shaft of the dog-cart was broken, but I escaped without bodily 
 injury. It was after dinner, but I do not think he had drunk enough to make him 
 tipsy. He was in his usually excited state. On the same day he told persons in 
 Norwich and elsewhere tbat he had been collecting his rents, and that he had the 
 money in the dog-cart with him, protected by a brace of loaded pistols. There was no 
 foundation for the statement. I remonstrated with him about this, and after I had 
 done speaking he merely said, " So you say," using the Norfolk dialect, which he was 
 in the habit of doing. He was very slovenly in hie parson and dress. 1 told the servants 
 to keep his clothes clean, but he liked to go to the farmyard and make them as dirty as 
 possible. Almost every day I had to tsll him to ge to his room and make himself 
 clean. He would srnell very badly. One day I caught him carting manure from 
 the farmyard like a common labourer. There was nobody with him at the time : 
 he was by himself, and when I caught him he was talking to the horse in the Norfolk 
 dialect. He would eat like a brute. Ho would pull meat about when cutting it in 
 euch a horrid manner that at last I said I would not take my meals in tho same 
 room with him. He ate a great deal, and was particularly fond of Norfolk puddings. 
 On one occasion I endeavoured to eat one myself, but it was too much for me. (A 
 laugh.) His manners in society were rude and boisterous. His laugh was peculiar 
 and disagreable, sometimes ending in a sort of squeak. It was not like the laugh 
 of a rea-onable being. His conduct attracted attention everywhere. I allowed him on 
 one occasion to go with a party of officers at Shorncliffe. They told me afterwards 
 that his conduct was rude and boisterous, and that they had considerable difficulty 
 in getting him to be quiet. At dinner parties he would attract the attention of 
 everybody, and put a stop to general conversation. He was very cruel to animals. 
 I have frequently seen him ill-use horses. He would beat them savagely with his 
 whip without any adequate cause, and the next moment ho might be be seen putting 
 his arms round their neck, and kissing them cuddling them as if they were his 
 children. Sometimes he was extremely kind to his servants j at other 
 times extremely harsh. He was always very noisy and boisterous, 
 running about the house and shouting. He was quiot only when he waa 
 ivsleep, and then he snored. (A laugh.) He slobbered at the mouth when eating. 
 The saliva would run into his pkte and over his food; nevertheless, he would
 
 continue eating, which sometimes made me sick. He did not often drink to 
 excess and the only effect which liquor seemed to have upon him was to make 
 him duller and more stupid than usual. After meals he generally fell asleep. 
 He was fond of romping with the female servants, who would treat him like 
 a child. He would often get them to carry him up to bed. He 
 was very vain, and by nattering him I sometimes got him to do what I wished. 
 Whenever he was introduced to a lady he began to make love to her, and in a few 
 weeks, or sometimes days, would make her an offer of marriage. It made no 
 differance whether her chracter was good or bad. (A laugh.) He was happiest in 
 the lowest company, and used to boast to such persons of his great property and 
 expectations. He also told them that there was a conspiracy on foot to defraud him 
 of his property for that was an idea which he entertained when I was with him. 
 One day he went into the Shades at St. Leonard's and told the landlady that he 
 had something under his coat which on that occasion was a military great coat 
 with which he would kill those who were attempting to take his^property from him. 
 At St Leonard's he rode about in a reckless manner, so has to frighten the ladies. 
 At one time he was very anxious to go into the army. I told him he would have to 
 undergo a very severe examination/ He said he thought he could pass in the 
 classics, but he never could do anything with Euclid. I told him in that case he 
 might give up the idea of entering the army. He never mentioned the subject to 
 me afterwards, but he continued telling others that he was going into the Guards. 
 Upon one occasion I told him that if he did not alter his habits and conduct he 
 would be put into a lunatic asylum, and all his property would be taken from him, 
 He began to cry like a child, and said he would become a guard or a porter on a 
 railway, " and so,V he added " get my 18s. a- week." I could not control him in 
 any other way than by threats and severity. I was compelled at last to thrash 
 him. He was never quiet for a moment either in or out of the house. I do not 
 think he is capable of managing himself or his property. Unless restrained by a 
 companion constantly at his side he would commit the greatest follies and eccen- 
 tricities. His intellect is that of a child, but he is not altogether without cunning. 
 Cross-examined by Mr. Karslake I am 32 years of age. I was educated partly 
 at the Charterhouse and partly in Germany. I was appointed tutor to Mr. Windham 
 by Vice-Chancellor Wood, but I do not know whether I was discharged by that 
 learned judge. A few weeks after my appointment I boxed Windham' s ears, and he 
 flung himself down upon the floor. I was afterwards requested to appear before 
 Vice-Chancellor Wood. I cannot swear whether Mr. Windham did or did not tell 
 Vice-Chancellor Wood that I had struck him. I think he stated that I had 
 threatened to strike him. When asked by Vice-Chancellor Wood what answer I had 
 to make, I said " None," because I wanted to get rid of Mr. Windham, and did not 
 care what he said about me. Mr. Wiudham could read and write but indifferently. 
 I had not seen Mr. Windham before he was placed in my charge in 1859. We went 
 to Fellbrigg immediately. While there we rode together almost daily. Sometimes 
 we rode to Norwich, and sometimes to the different houses in the neighbourhood. 
 Mr. Windham liked to ride and drive very fast. I like myself to go at a good pace 
 in the country. We did not agree very well. He occasionally pretended to be very 
 fond of me, but my own private opinion is that he hated me thoroughly. (A laugh.) 
 The horse which he drove in the dogcart when I was thrown out was a rather bad- 
 tempered animal. It had been hired in Norwich, and Mr. Windham treated 
 it very savagely. Windham was fond of farming, and I told him the best 
 thing he could do would be to learn it, but not to go among the labourers. There 
 is a Roman Catholic convent at St. Leonard's. I did not find there were 
 people whom he had known at Torquay staying at St. Leonards when we were 
 there. I remember him telling me there was a family at St. Leonard's whom he 
 had seen at Torquay. I told him I had known the same family abroad. One of tho 
 members of it, a young lady, spoke to me in tl-.e street, and renewed our 
 acquaintance. That young lady was a Roman Catholic, and was the person whom 
 Mr. Windham said he was in love with and wanted to marry. I kuow that Mr. 
 Windham was frequently in her company. Before leaving London with Mr. Wiud- 
 ham, I had a particular conversation with her and her mother, and during that 
 conversation something took place which might justify the observation " The 
 young lady whom Horrocks knew would very soon shut him up." On the occasion in 
 question she did " shut me up." (A laugh.) Windham swore to me that he had 
 become a Human Catholic. He did not merely say " I would become a Roman
 
 23 
 
 Catholic to marry that girl." He attended church during the whole time he was 
 with me. He behaved quietly, and seemed to know how to conduct himself in 
 church. We had some shooting at Fellbrigg. Windham amused himself a good 
 deal iu that way. He was a very bad shot, and I think we were about on a par in 
 that respect. (A laugh.) He was a very early riser, and took a great deal of 
 outdoor exercise. He was coarse in his language, I sometimes swore at him myself. 
 (A laugh.) He was very aggravating, and upon one or two occasions I could not 
 help using strong language. When I boxed his ears he threw himself down upon 
 the floor, buried his face in a mat, and screamed and yelled at the top of his voice. 
 His mother was in the house at the time. He drank a good deal of Norfolk beer 
 but did not smoke. When I threatened him with a lunatic asylum, I said, " Fou 
 must take care, for your uncle is coming back from India, and you will be put 
 under restraint if you do not mend your ways." I knew that General Windham 
 had made his nephew a ward in Chancery. I left Mr. Windham on one or two 
 occasions. On one of those occasions I took him to my mother's house, and left 
 him there for a few days. When I returned I found he had gone away. I 
 traced him to Yarmouth. He was very fond of Fellbrigg, and I remember telling 
 him at Folkestone that if we went back to Fellbrigg I should soon die there. I left 
 him for one night at Rhyde. He was a month in the militia at Yarmouth, while I 
 was his tutor. 
 
 By Mr. Coleridge. When I was before the Vice- Chancellor Lady Sophia produced 
 some letters, but I did not see them. I do not remember whether the Vtce-Chan- 
 cellor, after reading those letters, said to Mr. Windham, " I am very glad your 
 mother has allowed me to read these letters, for they show that you have very much 
 improved." 
 
 By Mr. C. Russell. Lady Sophia did not authorise me to box her son's ears. 
 
 By the Jury. I often spoke to Mr. Windham about the events of the day, and he 
 would give m9 rational answers, but generally he would try to turn everything he 
 read in the newspapers into ridicule. 
 
 The inquiry was then adjourned. 
 
 FOURTH DAY. THURSDAY, DEC. 19. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg. 
 hall, Norfolk, was resumed this morning in the Court of Exchequer, Westminster, 
 before Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell, for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Windham, the alleged lunatic, was present during a portion of the examination 
 of his uncle, Lord Alfred Hervey. He sat beside his counsel, and conducted himself 
 with the utmost propriety and decorum. At some passages of the evidence a faint 
 Bmile passed over his features, and he occasionally communicated with Mr. Karslake 
 while that gentleman was cross-examining the witness. He appeared to be a young 
 man of considerable physical strength, about the middle-height, of a full habit of 
 body, with an inclination to corpulency. He has a dark complexion, and wears his 
 hair parted down the middle. The defect in his upper lip, to which so many allusions 
 have been made, is partially concealed by a moustache, but it is still plainly visible, 
 exposing some of his teeth. 
 
 ME. HOREOCKS' EXAMINATION CONTINUED. 
 
 Mr. Horrocks, re-examined by Mr. Chambers. Mr. Windham rode and drove in 
 a furious manner habitually, and not only occasionally. He was also habitually 
 cruel to animals. I do not know whether the horse which he drove when I waa 
 pitched out of the dogcart was the ill-tempered animal from Norwich or not. What 
 I wished to convey yesterday was that it might have been that horse ; but, whether 
 it was so or not, I am certain that the accident arose from the furious driving of 
 Mr. Windham, and not from the bad temper of the horse. Mr. Windham read the 
 newspapers, but he could talk about nothing he saw in them except prize fights and 
 similar occurrences. Lady Sophia on one occasion showed me a photograph 
 representing her son and two railway porters, as they appeared to me, in a group. 
 They were standing close together. Mr. Windham was in private dress. 
 
 Cro36-examined by Mr. Karslake Lady Sophia was laughing when she showed
 
 24 
 
 me the photograph. The two strange men wore a railway uniform, and were either 
 guards or porters. It did not shock me to see Mr. Windham in such a photograph, 
 though I thought it rather eccentric. I have seen a view of the fight bei/ween Sayers 
 and Heenan. 'I cannot say that half of the younger members of the English aristo- 
 cracy are represented in it. All I know is that it contains none of my acquaintances. 
 (A laugh.) I do not recollect whether I read Sell's Life regularly when staying at 
 Fellbrigg-hall. 
 
 By the Master If I were to hear Mr. Windham conversing rationally fipr a short 
 time that would not alter my opinion as to his mental incapacity. I have'seen him 
 behaving himself well enough for a short time. I think I did take in Sell's Life at. 
 Fellbrigg. Mr. Windham told me he knew Tom Sayers personally, but I never be- 
 lieved anything he said of that kind. He certainly knew nothing about fighting. 
 He seemed to fear and care more about General Windham than anybody else, and 
 took great interest in his uncle's services in the Crimea. 
 
 By the Jury I have seen letters written by him, but do not recollect at this 
 moment whether they were expressed in a coherent manner or not. 
 
 THE MARQUIS OF B1USTOL, ME. "WINDIIAM'S UXCLE. 
 
 The Marquis of Bristol, examined by Mr. Chambers Mr. Windham is my nephew. 
 I am one of the petitioners. I have seen Mr. Windham at different times ever since 
 he was a boy, and I know his general character. When he was about seven or eight 
 years of age Lady Sophia was on a visit to rny father's house in Brighton. Her son 
 >vas with her. She seemed very anxious to keep him in order. When she came 
 down with him to luncheon her constant practice was to carry a little whip in her 
 hand. Youug Windham never associated with me. I only saw him occasionally. 
 Shortly after Easter in the present year he called on me at my house in London. I 
 invited him to dine with mo. He did so twice. He behaved himself very well on 
 those occasions. He had a foolish way of laughing, and shortly after dinner he fell 
 asleep and snored rather loudly. Otherwise he conducted himself remarkably well 
 for him. In August last I saw him twice riding in Rotten-row. The last time he 
 dined with me I gave him a general invitation to luncheon, in order that, if we had 
 anything to propose to him, we might do so without the trouble of making a special 
 appointment. When I saw him in Rotten-row he had a very remarkable appear- 
 ance. His face wore an expression of mingled fun and folly. He was riding alone, 
 and had no servant. He seemed to have a childish pleasure at being on horseback 
 in the Park, where there were so many people about, but I also detected an expres- 
 sion bordering on idiocy. 
 
 Cross-examined by Mr. Karslako When I saw him as a boy in Brighton he was 
 not in petticoats. Lady Sophia and he were there for about a fortnight. The late 
 Mr. Windham was not with them. I do not remember whether I saw my nephew 
 between that time and the period of his father's death. I saw him at the funeral. 
 The next time I saw him, to the best of my recollection, was in the spring of the 
 present year. He called on me, as already stated, either in April or May. H0 
 dined with me, for the first time, a ftw days after his visit. It was a small family 
 party seven or eight. He joined the ladies in the drawing-room after dinner. He 
 left rather early. I do not know what he had been doing before he came. He 
 dined with me again about a fortnight afterwards. The party was the same as on 
 the previous occasion. He went to the drawing-room after dinner. His articulation 
 is very peculiar, so is his laugh. I think I observed a defect in his upper lip 
 There was something foolish in his expression when speaking or laughing. He did 
 not act upon the general invitation I gave him. I never saw him to speak to again, 
 nor did I ever afterwards send him an invitation to dinner. When I met him in the 
 Park I was accompanied by other persons, and he passed me alone. We were both 
 on horseback, and recognised each other, going in opposite directions. He did 
 not turn back and join me. Once or twice during the summer I saw him driving 
 a phaeton about town. Ho was driving himself. 
 
 By Mr. Coleridge I received a note from General Windham acquainting mo 
 with his intention to proceed in this matter, and requesting me to consult with my 
 brothers on the subject, and let him know the result. That was a few weeks ago. 
 I am not personally acquainted with Mr. Giubilei, my sister's second husband. I 
 have seen Lady Sophia since her second marriage, but I think only once to speak 
 to her. 
 
 Re-examined by Mr. Chambers I did not know my sister was going to bo
 
 25 
 
 married to Signer Giubilei. I am not aware that when the marriage took place 
 Signer Giubilei was twenty-five years of age, and Lady Sophia about forty- five. 
 After I had made inquiries and obtained information I concurred in this petition, 
 but not before. There can bo no doubt that the formation of my nephew's mouth 
 must have something to do with his expression, but the impression which his con- 
 versation aud laugh made upon me was that he is not a very wise person. The 
 present proceedings have my entire sanction. 
 
 By the Jury When my nephew dined with me he entered into general conversa- 
 tion, and, as far I recollect, talked rationally. There was nothing in his conversa- 
 tion t o attract the notice of the servants waiting at dinner. 
 
 LOUD ALFRED HERVEY, UNCLE TO MB. WINDHAlf. 
 
 Lord Alfred Hervey, examined by Mr. Chambers : I am an uncle of Mr. Windham, 
 and one of his guardians. I have known him from his birth. Before he went to 
 Eton I recollect his being one day at luncheon at Lord Bristol's, St. James-'s-square. 
 Lady Alfred was present. He wanted some tart, and, instead of using a knife or 
 spoon, he thrust his hand into the dish and pulled away crust and fruit together. 
 (A laugh.) I did not see the occurrence, but he was remonstrated with about it by 
 Lady Sophia, his mother, in my presence. Lady Alfred told him he should have no 
 tart, whereupon he seized a carving knife and rushed at her. He ran alter her, 
 brandishing the knife. I took up the hearth- broom and hit him on the legs, not a 
 very hard blow, upon which he dropped the knife, began yelling, and ran out of the 
 room. Lady Alfred was exceedingly alarmed. My impression was that he wanted 
 to strike her with the knife. I was at his father's funeral. He was present. Before 
 the funeral complaints were made to me of his odd conduct. He waa showing all 
 the tenants into the room where the coffin was and making himself very conspi- 
 cuous. At the funeral I thought his conduct very peculiar. In the church, if I had 
 not seen him, but only heard him, I should have said he was very much overcome by 
 grief. He cried very loudly, but instead of trying to hide his face, he stared about 
 him all the time. He was about fourteen years of age at that period. When I 
 became one of his guardians, which was in 1848, he was allowed money from time 
 time, but he never seemed to have a sixpence in his pocket. His monthly allowance 
 5 would be all spent in the first day or so, and he never could give any account 
 of what he had done with it. About May, 1858, I remember him staying at Lord 
 Bristol's, in St. James's-square. At dinner he behaved himself with perfect pro- 
 priety for him so much so, indeed, that he gave me hopes that he was improving ; 
 but immediately we left the dining-room he disappeared instead of joining the ladies 
 in the drawing-room. He did the same thing for two or three days running, 
 and we could not discover how he disposed of himself. At last I returned 
 to the dining-room after dinner, and there I found him with my father's 
 footman. He had his jacket off and his shirt-sleeves tucked np quite 
 high, and was helping to clear the things away. (A laugh.) I never saw him 
 washing up the dishes. I immediatelly called him out of the room, and was very 
 nngry with him. He did not seem to see any impropriety in what he had done. 
 From his earliest years he was in the constant habit of telling falsehoods. His 
 untruths were always transparent, and often without an object. He gave one an, 
 impression that he was unable to distinguish between truth and falsehood. He 
 always cried on very slight occasions. At Torquay, when he was 17 years of age, 
 it was deemed prudent to vaccinate, for the second time, every person in the house. 
 He cried like a child the whole morning, and we had the greatest difficulty in 
 inducing him to submit to the operation. We were compelled to threaten him. He 
 cried like a boy of five or six when Vice-Chancellor Wood proposed that he should 
 be taken abroad. He never used a pocket-handkerchief, but wiped the tears away 
 with the back of his hand. His laugh is a silly, foolish laugh, and is often without 
 apparent cause. The saliva runs from his mouth and he never does anything to stop 
 it. He is not amenable to any influence except that of fear. In my conversations 
 with him he waa generally rational. Indeed, while talking on common subjects, 
 nobody not intimately acquainted with him would be struck by anything peculiar 
 in his manner or conversation. I have never seen an irrational letter from him 
 that is, a letter showing that his intellect is deficient. He would come to my 
 brother's house and behave something like a gentleman, but immediately after dinner 
 he would go away somewhere else and conduct himself in the most outrageous
 
 '26 
 
 manner. When it wns proposed that he should go abroad lie had an idea that 
 General Winclham was urging the Vice-Chancellor and myself to get him out of the 
 way by poison or otherwise, in order that his uncle might obtain possession of tho 
 estates. I attempted to disabuse his mind, but in vain. He was always on his 
 better behaviour with me, for I was strict with him, and he was afraid of me. 
 When I became his guardian there was something very peculiar in his whole com- 
 position, lie was not open to the same influences as other boys. He had no idea 
 of the value or the use of money. I believe him to be totally incapable of managing 
 his property. His general habits and conduct are such that, if not placed under 
 restraint of some kind or other, his life will be shortened. 
 
 Cross-examined by Mr. Karslake My opinion of him is formed, partly upon my 
 knowledge of him, and partly upon tho affidavits submitted to the Court of 
 Chancery. I do not believe that every person who has a habit which tends to 
 shorten life should be placed under control. I think my nephew is able to converse 
 about common topics the weather, the members of his family, and so forth for 
 a few hours without exposing himself. There are many people in the world whoso 
 tastes are lew, and who do not care for book-learning. I have never shot with my 
 nephew, and I have ridden with him only once. I never heard him discuss a 
 matter of business with his tenants or his servants. To my own knowledge he 
 has been extremely peculiar from his childhood, incapable of application, restless, 
 utterly unconscious of the difference between truth and falsehood, and apparently 
 not amenable to any influence except that of fear, especially of lute years. When 
 out driving with him I have seen him change his seat from one side of the carriage 
 to the other more than a dozen times. I cannot say that I was stern with him. I 
 concurred in the proposal of Vice- Chancellor Wood that he should go abroad, and 
 was vexed by his refusal. I believe he is very fond of Fellbrigg. It is possible that 
 I wrote to Mr. Horrocks, saying that if my nephew did not go abroad he should 
 not be allowed to stay at Fellbrigg. I told him that if he persisted in going against 
 the wishes of the Vice-Chancellor he would be sent to a tutor in some distant part 
 of England, and be kept there until he came of age. Ho told mo that he wished to 
 join a militia regiment, in which he had a commission, and that it might be 
 embodied, so that he might go to Canada or elsewhere. He did not com- 
 plain to me that his allowance was not sufficient to enable him to keep up his 
 appearance among the other officers. I was not likely to hear of that. 
 There can be no doubt that he was a spoilt child, and was badly educated. 
 His father was a passionate man. His mother has always petted him. A stricter 
 management might have been more successful. When my nephew dined at Lord 
 Bristol's and helped to clear the table, I am not aware that i here was a footman in 
 the house who had been brought up at Fellbrigg. I do not knew that he was al- 
 lowed, when at home, to go among the servants and do what ho pleased. General 
 Windham and his children would come into the property if my nephew were to die 
 without direct heirs. My nephew was in the habit, after he had spent his allowance, 
 of borrowing from v other persons. I have no doubt he has asked that .his allowance 
 should be increased, but he never acknowledged having borrowed, or stated that he 
 wanted an increased allowance that he might not be compelled to borrow. His arti- 
 culation is peculiar, especially when he is excited ; and there is a defect in his upper 
 lip. 1 do not know how old he was wheu he ran after Lady Alfred with a knife. 
 He was not in petticoats. 
 
 By Mr. Coleridge. I first became aware of these proceedings against my nephew 
 in October last. The communication was made to me by General Windham. 
 
 By Mr. C. Buss ell From 1854, up to the time of his coming of age, my nephew 
 was occasionally with Lady Sophia, but he was chiefly under the government of his 
 tutors. 
 
 Re-examined by Mr. Chambers I never could get any account from him of the 
 way in which he spent his money. There was no reason why he should conceal hia 
 expenditure, except, indeed, that he might not like to tell me how he squandered his 
 money in low public-houses and such like places. He was continually telling me 
 untruths. He was exceedingly restless, as if he had no way of occupying his mind 
 Lady Sophia often caid to me that she was unable to manage him, and asked me to 
 assist her. 
 
 By the Jury General Windham. has invariably treated him with great kindness. 
 His parents were very fond of him, and he was too much indulged.
 
 27 
 
 ME. PEATFIELD, TRAVELLING TUTOR TO MR. WINDHAM. 
 
 Mr. Peafcfield, examined by 'Mr. Field' I am a graduate of Cambridge, and now 
 occupy the position of a private tutor in St. Petersburg. I was appointed tutor and 
 companion to Mr. Windham in June, 1860. I travelled with him in Scotland and 
 Ireland. We subsequently visited the Channel Islands. We passed several months 
 at Fellbrigg-hall. In consequence of something which took place there I brought 
 him to London in May last. He took rooms for himself at Mrs. Lewellin's, Duke- 
 street, St. James's. According to directions received from his guardians, I joined 
 him in Duke-street, and remained with him until the 10th or 12th of August. 
 While in Edinburgh we lodged in a private house in Hope-street, Charlotte-square. 
 We staid there for about a week. His conduct was noisy and boisterous. Com- 
 plaints were made to me by the landlady that the neighbours had been annoyed- by 
 his opening the windows and shouting and shrieking at the top of his voice. Com- 
 plaints were also made of his irrational conduct generally. I remonstrated with 
 him, but in vain. I saw him myself jumping about the room and heard his loud shouts 
 and yells. The landlady asked us to leave. We did so. We then went to Mrs. 
 England's, in Castle-street. His conduct there was the same as in Hope-street. I 
 spoke to him about making a noise in his bedroom. He was caterwauling in the 
 middle of the night. (A laugh.) He said, " Well, governor, if Tom cat will have 
 his sweetheart on the leads, I can't help it." (A laugh.) I had to go to his room 
 *wice on that particular occasion. Mrs. England complained to me of his conduct, 
 and in a day or two afterwards we were obliged to leave .Castle-street also. We then 
 proceeded to different parts of Scotland. He behaved in the streets in a way I can 
 scarcely describe. He would hiss, spit, shout, scream, laugh, roar out foolish re- 
 marks, such as, " You're a duffer," and " I'm all there when I'm wanted" (a laugh), 
 finishing up with what he called, " chaffing the bobbies," meaning the policemen. 
 (A laugh.) He would imitate cocks and cats, the latter especially, and jump about 
 violently. All this would be mixed up with snatches of negro songs, such as, 
 
 " I'm off to Charlestown 
 
 " So early in the morning ;" 
 or, 
 
 " We're all off to Dixie's Land." 
 
 (A laugh.) He never went further a line or two at the top of his voice, and then 
 off to something else. These things occurred in the streets of Edinburgh and other 
 towns. On one occasion at Ballater he almost surpassed himself before the hotel 
 door. He attracted great attention in Edinburgh, where we were followed by crowds. 
 He went through the same performances in Ireland. The landlord of the inn in 
 Kildare complained of his conduct. He was singing in a very loud voice snatches of 
 songs which he had heard in the theatre at Edinburgh during the performance of a 
 burlesque, called, I think, " Fra Diavolo," at the same time dancing in a very violent 
 manner, and altogether making a great noise. On some of these occasions I have- 
 seen his mouth positively in a state of froth. Sometimes he would, to a certain ex- 
 tent, be under the influence of liquor; at others not. I should say that liquor had 
 an exciting effect upon him. He drank malt liquor and wine very little whisky. 
 Upon the whole, however, he drank very little when with me. He was subject to 
 violent fits of passion. His face would flush, and he would use the grossest language. 
 He would break into these passions without apparently any cause, and while the fib 
 lasted he seemed unable to control himself. I waa induced to leave Fellbrigg by 
 certain occurrences. I told Windham that he must prepare to go to London. He 
 asked " Yfhat for ?" I replied, " I shall not enter into a discussion with yon ; you 
 know very well what you have been doing, and you must come to London with me.'* 
 
 He then said, " You may go to if you like; I won't go with you." Eventually 
 
 he was persuaded to accompany me to London. While at Fellbrigg he drove me 
 about frequently. His manner of driving was furious. At church he sometimes be- 
 haved well, but sometimes he would attract my attention and annoy me. He often 
 cried out " silence" to the children by way of showing his authority. On one occa- 
 sion, immediately upon entering the church door, he exclaimed, " It's a tine 
 
 thing," hurried up the aisle in a blustering manner, and slammed the pew door so 
 as to make a loud noise. In the Channel Islands his conduct was nearly as bad :xs 
 his conduct in Scotland. While lodging in Duke-street, St. James's, I was requested 
 by his guardians to let him be his own master. On many occasions he behaved in 
 a terrible manner shouting, swearing, jumping about, opening the windows, and
 
 2S 
 
 yelling into the streets. He ate with great voracity. I have seen him choke from 
 his mode of eating, and he has told me he has been s.ick. He invited me to dinner 
 on a certain occasion, saying that General and Mrs. Windham were coming, but no- 
 body came. I do not think he had any idea of religion. In my opinion, he is not 
 capable of governing himself or his affairs. I do not think his mind is sound. 
 
 Cross-examined by Mr. Karslake. My definition of a sound mind is a mind which 
 will cause a man to act in a rational manner. I was told to come from St. Peters- 
 burg on last Sunday fortnight. It was General Windham who communicated with, 
 me. I first met the General when his nephew and I came to London to join him on 
 his arrival from India. I went to the Lewellins' a day or two after Mr. Windham took 
 lodgings there. I engaged a bedroom for myself, and we used the same sitting-room. 
 His conduct there was not more boisterous than I had seen it before. ' I was 
 appointed as his travelling tutor. I have read very hard at times. My set at 
 Cambridge was not a noisy set. I have never followed the hounds in my life. If I 
 have heard the Ethiopian Serenaders, it must have been when I was at school. The 
 noise which Mr. Windham made was not intended to represent the cry of men in 
 the hunting field. When I said that he liked to " chaff the bobbies " I used his own 
 language. I do not think I ever heard the term before. (A laugh.) He could 
 imitate cats very well. (A laugh.) He took a great delight in " Fra Diavolo " and 
 we saw it several times when in Edinburgh. The passage which he was so fond of 
 repeating, and which caused the row in Kildare, was not a song, but rather burlesque 
 lines. It ran in this way : 
 
 " A haughty ruffian sure I am 
 A dab at the stiletto ; 
 If any one disputes my law, 
 Or says that I aint pleasin'," 
 here there is a line which I forget, but the whole winds up with 
 
 " Pop goes his weasand." 
 
 (A laugh.) The "haughty ruffian" danced on the stage, and at Kildare Mr. Windham 
 danced too, out-heroding Herod. (A laugh.) We generally took our meals together. 
 There was usually wine on the table at dinner. He took as many glasses as he 
 pleased. He was very fond of beer. The performance at Ballatar took place after 
 dinner. At Fellbrigg he drove almost every day. He was an early riser, and spent 
 a great deal of time in the open air. I cannot sav that his tastes were all for out- 
 door exercises and amusements. His taste after dinner was generally for dancing on 
 the billiard-table. (A laugh.) When he swoie in church he was angry with the- 
 clergyman for having commenced the service before his arrival.' The church stands 
 in the middle of the park, and Mr. Windham is the owner of almost all the property 
 in the parish. Sometimes he spoke to the children when they were making only a 
 very slight noise, and when there was no necessity for his interference. The 
 occurrence which induced me to take him away from Fellbrigg was his having 
 been fighting with a showman. That offence, however, was only one of many which 
 he had committed. He called me a " spy " and a " sneak," and hardly opened his 
 lips to me all the way to London. From the time he went to Lewellin's he cast off 
 his allegiance to me, but I am not aware that he made noises and did everything he 
 could to get rid of me. He continued the noises, although I complained that they 
 annoyed me. I did not go to the Lewellins' for the sole purpose of watching him. 
 One of my objects was to try to induce him to read. He used to read the news- 
 papers, especially at Fellbrigg-hall, and he would occasionally make a comment 
 upon their contents. When I went to the Lewellins' I was told to keep my eye on 
 him. My duty was to see how he was getting on, and to endeavour to get him to 
 read. I asked him to read once, but once only. I did not make it my business 
 every morning to ask the people belonging to the house at what hour and in what 
 condition he had come home the night before. It is very probable that I made such 
 inquiries frequently, but not every morning. I saw General Windham five or six 
 times during my residence in Duke-street. I was not in the habit of reporting to 
 him or to Mr. Hooke what Mr. Windham was doing, though I may have spoken to 
 them on the subject. I left the lodgings, I think, on the 12th of August. Mr. 
 Windham had come of age on the 9th. I am not aware that the Lewellins are old 
 friends of General Windham. I do not think I ever said to Mr. Martins, at 
 Fellbrigg-hall, that Mr. Windham had plenty of ability if he chose to apply 
 himself. I may have said that he had plenty of bruins if he chose to apply himself.
 
 29 
 
 By the Jury. I have played whist with Mr. Windham, but only once. I do not 
 recollect any revokes, but be followed suit. 
 
 Be-examiiied by Mr. Chambers. In some things railway times, for example 
 Mr. Windham showed a wonderful memory. The whole time I was with him I felt 
 myself in some degree of peril. He wasted his money. I have seen him act 
 rationally, but his conduct generally is irrational, and I am still of opinion that his 
 mind is unsound. When I went to the Lewellin's, General Windham requested me 
 to try to induce his nephew to read, with a view to his obtaining a commissioa in 
 the army. There is not the slightest foundation for the statement that he made 
 his extraordinary noises at Lewellin's for the purpose of driving me away. 
 
 By the Jury. While travelling I paid the bills. He took an interest in the 
 expenditure, and understood fully that the money was coming from his own estate. 
 He always said he liked me. 
 
 The inquiry was then adjourned. 
 
 FIFTH DAY FEIDAY, DEC. 20. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham of Fellbrigg- 
 hall, Norfolk, was resumed in the Court of Exchequer, Westminster, this day, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury, 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles llussell, for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Windham, the alleged lunatic, was again present during the greater part of the 
 afternoon. He paid clese attention to the evidence. 
 
 MR. PARTRIDGE, A VISITING PIUEND. 
 
 Mr. Partridge, examined by Mr. Field. I am a B.A., and graduate in medicine of 
 Cambridge. I now reside in Edinburgh. In June last I was residing in London. 
 At that time I was intimate with Mr. Peatfield, who was tutor to Mr. Windham. 
 Mr. Peatfield was then lodging at Mr. Lewellin's, Duke-street, St. James's, 
 I frequently visited him, and on those visits I saw Mr. Windham, and had 
 many opportunities of conversing with him. He laughed in a very peculiar manner 
 and slavered at the month. On two occasions he threw up the window and shrieked 
 out of it ; ifc was not a single shriek but two or three continuous shrieks. There was 
 no cause for his shrieking. He seemed to act on a sudden impulse. The window 
 did not open into the street but into a yard, and I am not aware that his shrieking- 
 attracted attention. There were windows belonging to the same house opposite. 
 After shrieking he returned to table. He assigned no reason for getting up and 
 acting so. We had no conversation about the shrieking, but we talked to him upon 
 other subjects. He conversed coherently. I did not observe anything very remark- 
 able in his talk. While eating he bent his head very much over the table, and made 
 a great noise in chewing and swallowing. He used to help himself to a very great 
 quantity. He took me out on one occasion in a mail phaeton with one horse. He 
 drove in a very impetuous, reckless way. We went to Sydenham, and 1 
 visited the Crystal Palace with him. He got into conversation wih a 
 policeman there. He stood in a conspicuous part of the Palace, and 
 his speaking to a policeman in such a place seemed to attract a good deal of 
 attention. He had tolcHiis groom to meet him at the Palace door at a certain hour, 
 but the groom failed at the appointed time. He swore very violently when the latter 
 came up, and foamed at the mouth. I returned to town with him in the phaeton. 
 He drove back in the same reckless way. I thought from his general behaviour that 
 his condition was one of imbecility. 
 
 Cross-examined by Sir H. Cairns. I consider a condition of imbecility to be 
 indicated by a peculiar laugh, sudden fits of passion without cause, a slovenly habit 
 of dress, a great desire to attract attention, and a vacancy in the expression of the 
 features. Mr. Peatfield was not with us at the Crystal Palace. When I say that 
 Mr. Windham desired to attract attention, I refer to his standing with a policeman 
 in a conspicuous position in the Palace. It was in the centre of the transept, 
 where the greatest number of people were assembled. He stood with his hands 
 behind his back and his head stooping. His attitude was peculiar. I do not recollect 
 at what hour he had appointed the .groom to meet him. The groom did not come, 
 and I went to the stables to find him. Mr. Windham had told him to go to certain
 
 30 
 
 stables. There was no room there, and he had gone to other stables, where I found 
 him. I had not been more than half-an-hour away when I returned to the Palace 
 with the phaeton. I do not remember whether Mr. Windham told mo he had' an 
 engagement that afternoon in town and was afraid he should be too late. He swora 
 at 'the groom, but I do not remember tnc precise oaths he used. He drove very fast. 
 Two or three times we nearly came into collision with carriages in the road. No 
 collision actually took place. I never rode in a mail phaeton before. I am not in 
 the habit of driving. My visits to Duke-street were usually at luncheon time. I 
 went at the invitation of Mr. Peatfi eld. There were only the three of us present. I 
 did not ask Mr. Windham what he was shrieking about. I do not know where the 
 kitchen was, or whether he was making a noise to attract the attention of the 
 servants. We had wine at lunch champagne and sherry and we all drank. Mr. 
 Lewellin joined us occasionally and partook of the wine ; but I never saw him take 
 more than two glasses. He very seldom sat down at table. He generally waited. 
 I have^heard he is a wine merchant. I do not know whether he supplied the 
 champagne. 
 
 Ke-exammed by Mr. Chambers. Mr. Windham alarmed me by the rapidity of his 
 driving. He did not appear to me to be calling to the servants when he threw up 
 the window and shrieked out. He attracted the attention of the people in the 
 Crystal Palace. All who passed him turned round and looked at him. 
 
 By the Jury. Mr. Windham never started a conversation with me. 
 
 MRS. ENGLAND, ME. WlNDHAli's EDINBURGH LAKDLADY. 
 
 Mrs. England, examined by Mr. Field I am a widow, living in Castle- street, 
 Edinburgh. I recollect Mr. Peatfield and Mr. Windham coming to my house in July, 
 1860. They took lodgings with me. Mr. Windham behaved in such a strange man- 
 ner jumping about and dancing in his room that I thought he was not in his right 
 mind, and I told my husband so. He opened his portmanteau and threw all his 
 things about his bedroom, which he left in a perfect litter. That was the first day 
 he was in my house. I noticed him at his meals. I waited on him, contrary to my 
 usual practice, in consequence of what I had seen him doing. The morning after he 
 came I saw him at breakfast. He was eating and foaming about the mouth in such 
 a way that really I was frightened at him. Mr. Peatfield asked him what he would 
 have for dinner. He would not tell, but laughed and jumped about the room. His 
 laugh was not like the laugh of any human being I ever saw. At dinner he behaved 
 in the same manner. He was with me a fortnight, and his conduct was the same 
 all through. He laughed and jumped about the whole day. On one occasion he 
 opened the window, almost threw himself out of it, and laughed and screamed in 
 his usual way, attracting the attention of the people in the street. The noise he 
 made was a roaring or a howling. He made a great deal of noise almost every night. 
 Sometimes he cried like a cat. I was at last obliged to turn him off, for I could not 
 put up with him any longer. My opinion was whenever I saw the gentleman that 
 he was not in his right mind. 
 
 Cross-examined by Mr. Karslake. I formed that opinion the first moment I 
 saw him, and I have not changed it since. I have kept lodgings about six years, 
 and the people who lodge with me are very quiet people. Mr. Peatfield and Mr. 
 Windham took their meals regularly. When Mr. Windham was asked what he 
 would have for dinner, I dare say he said, " I don't care a rap." I did not laugh 
 at him ; I was frightened at him. At times during the fortnight I may have 
 smiled at his antics, but I did not laugh until I was like to die. I have heard him 
 sing 
 
 " I'm off to Charleston 
 
 So early in the morning," 
 and recite the lines commencing with 
 
 " A haughty ruffian sure am I." 
 
 But I did not laugh on those occasions far from it. (A laugh.) Mr. Peatfield and 
 be were occasionally out late at night, and I complained to Mr. Peatfield on the 
 subject. I told him that he must leave the house it they did not keep better hours ; 
 but the noise was my principal objection. They sometimes did not go to bed until 
 three or four o'clock in the morning, and noises were made when Mr. Peatfield was 
 in the room as well as when Mr. Wiudham was alone. I generally go to bed 
 between eleven and twelve o'clock, but when they were with me I had to sit up 
 much later.
 
 31 
 
 Be-examined by Mr. Chambers. It was Mr. Windhara who macle the noises I 
 have described. He used to leave his bedroom in the middle of the night, and make 
 noises in the sitting-room. These noises annoyed me very much. I have heard 
 Mr. Peatfield remonstrating with him and asking him to be quiet. He would be 
 quiet for a few minutes, and then go on again. I do not think Mr. Peatfield h ad any- 
 influence over him not, at least, for any length of time. Mr. Windham not only 
 caterwauled like a cat, but howled like a dog, and continued doing so during the 
 whole time he was in my house. My chief object in wishing them to leave was to 
 get rid of the dreadful noises. Mr. Peatfield conducted" himself with perfect pro- 
 priety, but Mr. Windham was very unlike any other lodger % I have ever had. 
 
 ]>y the Jury. I should not have cared how late they sat in their own room if 
 there had been no noise. They seemed to be on very good terms. 
 
 Mils. LEWELLIN MR. WINDHAM'S LONDON LANDLADY. 
 
 Mrs. Lewellin, examined by Mr. Chambers. I and my husband live at No. 35, 
 Duke-street, St. James's. My husband is a wine importer and agent. His office is 
 in Duke-street, but he has business at the docks. In May last Mr. Windham came 
 to lodge with me. A person named Skelbon, living on the opposite side of the way, 
 asked me to accommodate a gentleman with apartments during the races at Epsom. 
 I had not then seen General Windham, who had nothing to do with his nephew 
 coming to my house. I learnt from Mrs. Skelton that oM Mr. Windham had 
 formerly lodged with her. With the exception of certain intervals, young Mr. 
 Windham lodged with me up to the 29th of August. I had, therefore, full oppor- 
 tunities of noticing his conduct, habits, and manners. I formed the opinion 
 that he was not in his right mind. He had a bedroom and a sitting-room at my 
 house. The first day he was alone, but afterwards his tutor, Mr. Peatfield, had 
 another room. Mr. Windham was dirty in his habits, and would not wash himself. 
 My husband used to put him into a bath in a room on the ground floor. Hia hands 
 and face were frequently very dirty. At times, when he has been in the bath, I 
 have known him jump out of it and run as far as the dining-room door without any 
 clothes on, perfectly naked. The dining-room door is quite close to the street door. 
 While running along the passage he made a very peculiar noise catcalling and 
 howling. There were three female servants in the house, but when this happened 
 they were upstairs in the bedrooms. My husband generally got him into the bath- 
 room again. Upon one occasion, at the latter end of June, I spoke to him about 
 coming out of the bath in the way I have described. I told him I would rot 
 allow such conduct in the house, and would insist on Mr. Lewellin sending him 
 away. I also told him I would report his conduct to General Windham. 
 Upon that he used very bad language, as he had done on several previous 
 occasions, and, taking up a very large carving-knife, said he would rip me up. 
 (A laugh.) There was nobody present except ourselves, but Mr. Lewellin was close 
 at hand. His exact words were, " If you daro to dictate to me I will rip up your 
 
 ." I left the room as soon as I could. I have seen him take money from 
 
 his pocket and throw it about in a reckless manner, as if he did not know the use 
 of it. On one occasion he gave his money to Mr. Lewellin, saying, " Here, Bob 
 Eidley, you take this." My husband took it, and locked it up in a separate cash- 
 box. I was present on another occasion when he asked my husband for some 
 money. He said " Old Bob Ridley, lend me a sovereign." My husband told him 
 he had 30 of his. His reply was, " All right, Bob Ridley." He used to buy a good 
 deal of jewellery, but he generally lost it. He was in the habit oi eating with the 
 carving knife and fork instead of those which had been laid for him, and never took 
 a meal without beating the time of "Old Bob Ridley" several times on the table. 
 He ate a great quantity in very large pieces, and while eatiug would draw the knife 
 across his throat, as if he were cutting it, at the same time making a gurgling noise. 
 1 have seen him eat at luncheon until he has been sick over the table. While playing 
 " Old Bob Ridley " his face had an idiotic expression. He would cut a leg of 
 mutton into slices and throw the pieces upon the cloth. He generally breakfasted at 
 half past nine or ten and would spend two hours over the meal. His favourite dish was 
 poached eggs, of which he consumed a large number. I never knew him take less than 
 eight. The largest number I ever saw him eat was 12. During breakfast he would run 
 into tho passage, throw open a window, and make his peculiar noise. He did not dino 
 at home very often, but he invariably ordered dinner. When he dined at home he ate 
 in the same ravenous manner as at luncheon, though not to the same extent, and
 
 32 
 
 with the ends of his knife and fork beat the same ttme of " Old Bob Ridley" on the 
 table. He called almost everybody by the name of " Old Bob Ridley." I always 
 got dinner for him when he ordered it. Sometimes he came home at 7, sometimes 
 at 9 or 10, sometimes he staid out all night. I have spoken to him about ordering 
 dinner and not coming home for it. His reply usually was, "I forgot it." On four 
 or five occasions he ordered dinner for a party of guests, but nobody came. He told 
 me on one of those occasions that he had invited General and Mrs. Wiudham, Mr. 
 and Mrs. Baring, Colonel Broughton, and Mr. Peatfield. At another time he said he 
 expected Lady Sophia and Mr. Giubilei. Mr. Windham did not come home to re- 
 ceive the guests. On one occasion he returned about nine o'clock. I said to him, 
 "Mr. Windham, nobody has come to dinner." His reply wa*>, "Never mind, Bob" 
 he always called me Bob (a laugh) "I forgot; let us have dinner. Where is 
 Old Bob Ridley ?" meaning my husband. We sat down with him. He started up 
 in 10 minutes, rusked out, called a cab, and went away to the Eastern Counties 
 Railway. I do not believe he ever told me the truth during the whole time he was 
 in the house not even on the most trivial occasion. I feel confident he did not 
 know the difference between truth and falsehood. The luncheon time was between 
 half-past two and three, but if he came in at one he would say that he had ordered 
 luncheon to be on the table at that hour, and would stamp and swear and put himsef 
 into a. violent passion. When he has said he had ordered luncheon at one o'clock I 
 have sometimes contradicted him, but it was better not/ to do so. He would call me 
 
 " old hog," " old ," and other names of that description. One day he took me 
 
 down to the kitchen, and said he was willing to put his hand and arm into the fire 
 if I would do the same. (A laugh.) He was very fond of running down to the 
 kitchen and making a noise. I have seen him sitting on the kitchen table with the 
 ring of a toasting-fork up to his eye, like an eye-glass. On that occasion he called 
 himself " Agnes." He moved about on the edge of the table as if he were riding 
 like a woman on horseback. He cried out, " My dearly beloved Agnes Agnes," 
 and pretended to be riding in the Park. (A laugh.) He once or twice complained 
 of having lost money. He was out at nights a great deal. I recollect his coming 
 home one morning with only one sock on. He was very dirty, covered with soot and 
 dirt, and told me he had been driving an engine. One of his feet was cut, and he 
 said it had been done with a woodman's knife. He was very ill, and I sent for a 
 doctor. He was as black as a sweep, his clothes were all unbuttoned, his shirt 
 was open at the breast, and he was without a cravat or collar. I never 
 saw him in such a state. He had been absent five days or a week. He came back, 
 I think, on the 27th of August, about the middle of the day. He told me he had 
 been down at Norwich. Mr. Lewellin put, him into a hot bath, and then 
 got him to bed. He came home in Agnes Willoughby's carriage. I knew it was 
 Agnes Willoughby'e carriage, because it used to come to the door and take him 
 out ; and, in fact, he told me it was her carriage. I have seen him sick from over- 
 oating more than once. On one occasion he vomited his dinner into my lap. (A. 
 laugh.) He used his bed like a child, and I have often found it in a filthy state. 
 Upon one occasion, when I entered his bedroom, he threw off the bedclothes and 
 exposed himself. He did that first in July, but he repeated it once or twice in 
 August. I threatened to speak to Mr. Lewellin. He said : " Don't do that i 
 don't get me into a row; it won't happen again." Upon one of these occasions he 
 eaid : " I will horsewhip Old Bob Ridley." When he came home in the state 
 I have described, he told me he had breakfasted off pickled cabbage, had eaten a 
 great quantity of it, and was afraid it would kill him. He said Agnes had given 
 him the pickled cabbage, but I think that was a mistake. He was very restless 
 always on the fidget, and scratching himself in a nervous manner. He was always 
 going to the door and following the servants, as if he were afraid of something 
 coming upon him. He was never quiet constantly screaming and shouting, night 
 and day. It was an indescribable noise. He was subject to violent fits of passion 
 without cause, and when in a rage used the grossest language, foaming at the 
 mouth. After the excitement was over he would cry like a bellowing, noisy child, 
 and never used a pocket-handkerchief, but wiped the tears away with the back of 
 his hand. He snored very loudly when asleep. I found the best mode of dealing 
 with him was to flatter him, telling him he was a very handsome young man, a man 
 of great promise and strength. When I praised him thus he seemed pleased, 
 laughed in a silly sort of way, and strutted about. At table sometimes he said he 
 would be a very great man, an influential man, a county magistrate, and a Member
 
 MBS. W. F. WINDHAM. FROM A PHOTOGRAPH BY MAYER BROTHERS, REGENT-STREET.
 
 35 
 
 of Parliament. By way of showing his superiority he drank his beer out of a larger 
 glass than was used by any other person at table. It was a soda-water glass. Some- 
 times he requested me to call him Captain Windham j at others he said, " I shall 
 thank you to address me as ' My lord.' " He told me that when he came of age ha 
 would make great improvements on his estate, and get rid of many of the old 
 tenants. He was fond of being with the police, and said that as he would one day 
 be a county magistrate he might learn a good deal from them. He also told me he 
 meant to have a railway from Cromer to Fellbrigg. He would have it, he said, 
 almost up to his own park gates. He told me he knew all about the railways in hia 
 own neighbourhood, and used to drive the engine. He said he was particularly fond 
 of the guards, and was always with them. He had a guard's uniform, with ticket- 
 bag, whistle, belt, and pouch for a watch. Occasionally he went out in this dress, 
 and would be absent for some days. He made no disguise on his return that he had 
 been driving the train. He sometimes talked to me about Agnes Willoughby. I 
 had heard of her character. I think he met her at Ascot. At first he spoke of her 
 as ho did of other persons of light character whom he had got acquainted with in 
 the park. Some time afterwards it was reported he was going to marry her. On 
 the morning of the 28th of August, the day before he left my house, I had some 
 conversation with him on the subject. I said it was a shocking thing for him to 
 marry such a person, to which he replied, " I never intend to marry her, nor any 
 
 811c b. . I have had all I want of her, and she may stay on with Jack ." 
 
 He told me on a former occasion that Agnes Willoughby had informed him that she 
 was a very respectable person ; that her father was a clergyman named Rogers ; 
 that he had left her by will 600 a-year, and also money to bring up two younger 
 sisters ; and that Mr. Lewellin could go down to Doctors' -commons, see the will, 
 and so test the accuracy of her statement. She had further told him, he said, that 
 she had been seduced by Lord Willoughby, and that that was the only wrong act 
 she had ever committed. 
 
 Mr. Chambers. It may be as well to state that there is not the slightest founda- 
 tion for this statement. 
 
 Witness continued. I told him that I had heard from my husband that she waa 
 
 a very bad girl, to which he replied that he %as the only gentleman besides Jack 
 
 who had been intimate with her. (A laugh.) I also told him that I had heard ha 
 was going to settle his property upon her. He said it was utterly false " a pack 
 of lies." He left my house on the 29th of August. I was not aware he was going 
 away. He did not tell me he was going to be married. I left town on the morn- 
 ing of the 29th, but before I went away I had a long conversation with him. Ha 
 assured me he had no intention of marrying; he said, " Is it likely, when I have 
 taken your rooms for 12 months ?" I have seen him once since he left me. He 
 came to supper at my house about five weeks ago. I thought him worse than ever. 
 He cried quietly, but seemed more silly and more stupefied. He expressed hia 
 regret at his marriage. I introduced the subject. I said, " How could you rua 
 away and behave in the manner you have done ?" He replied, " I was drawn into 
 it ; say nothing more about it." He was with us about an hour. He was much 
 more subdued, more melancholy, and seemed not to have strength to make hia 
 usual noises. While with me I regarded him as a person of unsound mind, incapa- 
 ble of managing himself or his affairs. 
 
 Cross-examined by Mr. Karslake My husband sells wine. I have not tho 
 least idea what sum Mr. Windham has paid my husband for wines from first to 
 last. I thought from the first that Mr. Windham was incompetent, and yet I 
 allowed him to engage my rooms for twelve months. Mr. Windham had a setting- 
 room, a bedroom, and a lumber-room. His bedroom was changed. When he 
 became rather riotous we gave him a room at the back of the house. Ho slept 
 there three nights, and then went back again to his original room. When Mr. 
 Windham came I had a sister staying with me. Her name is Eliza Sophia. She 
 is more than twenty years of age. In the early part of June I sent her to school, 
 with the view of qualifying her for a governess. I saw General Windham for the 
 first time about a month or six weeks after his nephew came to my house. My 
 husband had known old Mr. Windham, but I never heard him speak of the General. 
 The General came to remonstrate with his nephew about his keeping company 
 with the police. I heard the General say, " I will not allow you to keep low 
 company. I have given you tho reins three months before your coming of age, 
 aud I trust you will behave like a gentleman." I have seen the General a dozen 
 
 D 2
 
 times since. I saw him three times between the day when Mr. Windham left my 
 house and the day on which I went to Mr. Field's office to make an affidavit. My 
 sister accompanied me to Mr. Field's. She offered to make an affidavit for General 
 Wiudham, but Mr. Field, after hearing her statement, said it was so like mine that 
 it would be unnecessary to put it down in writing. General Windham was present. 
 He did not say, when I had finished my statement, "I am glad you have put it 
 that way." When we left Mr. Field's office my sister did not say to me, " How 
 came you to make such false statements as those ?" nor did I reply, "I have given 
 him it pretty strong, and his lady-love too." She merely said to me, "What 
 terrible things you have had to say ! I am glad they did not want poor little me." 
 My husband and I swore to a joint affidavit. 
 
 Here the learned Counsel handed up two letters to the witness and asked her to 
 rend them carefully. After she had done so, she said they were letters which she 
 had addressed one on the 30th of October and the other on the 20th of November 
 lost to her sister Eliza Sophia, who had been the destroyer of her happiness. They 
 had no reference, she added, to the pi'esent inquiry, but related to family matters of 
 a very painful and distressing character, and she begged that she might not be ques- 
 tioned respecting them. Nevertheless, Mr. Karslake proceeded to interrogate her 
 with respect to the meaning and application of certain expressions contained in 
 them, but as those expressions, consisting of only a few words, could not be made 
 intelligible to the Court and jury without a previous acquaintance with the context, 
 it was at last resolved that at least one of the letters should be read. Accordingly, 
 the witness was requested to read the letter dated the 20th of November, and she 
 did so with visible reluctance. The greater part of the letter was devoted to a 
 Strictly private affair, and one, too, of a reinarkably delicate nature, but towards the 
 close the following passage, which probably relates to the present case, OL curred : 
 " I hope the report is correct about young W.'s woman having gone on with a rail- 
 way guard. I see the General very often, and he would like to call on you. The 
 trial comes on on Friday next. The poor General is very ill. The other letter 
 was not read, but from one or two words which Mr. Karslake quoted from it the 
 Court and jury inferred that it was similar to the one dated November 20. Mr. 
 Karslake, resuming his cross-examination, repeated the questions which he had 
 before addressed to the witness, and which related, not to the passage just cited 
 "bearing upon the matter under inquiry, but to those portions of the correspondence 
 which seemed to be as foreign to the Windham case as they were extremely painful 
 in their character. An answer to one of the questions was at length dragged from the 
 witness, but it was of so extraordinary and delicate a nature, and had apparently so 
 little to do with the real subject of inquiry, that the jury interposed and requested 
 that no further questions of the same kind might be put. Mr. Karslake said, that 
 out of deference to the jury he would not press the witness further ; but he stated 
 that however things might look at present, it would eventually bo found that every 
 question he had wished to put was material to the case. The cross-examination was 
 then continued as follows : It was in a passing conversation that General Windham 
 .said he would like to see my sister. I did not go to her with Colonel Broughton to 
 try to get her to give evidence against young Mr. Windham. We did go for that; 
 purpose to a charwoman who was in my service when Mr. Windham lodged in Duke- 
 street. Colonel Broughton lodges with me. General Windham saw him sometimes, 
 but not often. The General never asked me to get evidence. 1 have said to-day 
 that Mr. Windham told me he would have a railway close up to his park-gates. In 
 my affidavit I say " bang up to his door." The words he really used were " bang in." 
 The glass which Mr. Windham used at table was not a valuable and rare article 
 which he had brought from the Continent. It was a soda-water glass of my own. 
 I never saw Mr. Lewellin putting Mr. Windham into a batii. I am not aware that 
 Mr. Windham ordered his baths to be got ready. He had a bath almost every day, 
 but now and then he would not have it. I have said in my affidavit that my 
 husband used to take Mr. Windham into the bath-room and get him to wash himself. 
 I say so still. Mr. Windham would not have taken the bath of his own accord. Ho 
 used to jump out of bed and throw on a dressing-gown, and come down to breakfast 
 unwashed and uncombed. When Mr. Windham left the bath-room, and ran along 
 the passage naked, I am not aware that he had scalded himself; on the contrary, 
 the month being June, I should say the bath was almost cold. I saw him act thus 
 four times. Mr. Windham gave my husband money to keep for him three or four 
 times. The largest sum he ever gave him in this way was about 100. Wheu he
 
 wanted any of it back again he need to say, " Give us some money, Bob." He told 
 me on more than a dozen occasions that he had lost jewellery. He has lost some of 
 mine. Mr. Windham ordered dinner for a party when nobody came three or four times. 
 He did not tell me on one of those occasions that the party had been put off because he 
 was obliged to go to the country. Mr. Lewellin supplied Mr. Windham with wine 
 champagne and sherry. Mr. Wind ham paid the bills. He never objected to anv of the 
 items. I never heard him say, " Well, Bob, this is sticking it on rather too thick." 
 (A langb.) He would turn over the leaves of the pass-books in a hurried manner, 
 but he never examined them with any degree of attention. His bed was found in 
 a filthy state eight or ten times. It began at the latter end of June, and in the 
 beginning of July was pretty frequent. He was not suffering from diarrhoea at the 
 time, but was in good health. He was sober ; indeed, I never saw him tipsy. He 
 exposed himself to me twice. When I heard that he was going to be married I sent 
 to the General, who said that his nephew, who was then in the country, should be 
 telegraphed^for. I may have told the General previously that his nephew was going 
 about with Agnes Willoughby. Everybody knew that. The General used to call 
 at my house to see his nephew. Ho never carne except for that purpose. We have 
 served the General with wine for several months past. We commenced to do so 
 before the marriage. Mr. Windham did not tell me that he had borrowed the rail- 
 way uniform from one of the guards. When he supped with me after his marriage 
 he looked like a man whose feelings had been greatly injured. Formerly he was a 
 man of exuberant spirits. 
 
 The inquiry was again adjourned. 
 
 SIXTH DAY. SATURDAY. n E c. 21. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Mihvard 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Windham was present nearly the whole of the day. He joined in the laugh 
 which occasionally arose in court, but at certain parts of the evidence, to which it is 
 unnecessary to make any more particular allusion, his face slightly flushed and he 
 dropped his eyes to the ground. Generally, however, he kept them steadily fixed 
 on the witness, except when he cast a glance at the jury or whispered a remark in 
 the ear of his counsel. He seldom, if ever, looked round to the audience, though he 
 by no means evinced any anxiety to avoid observation, fi-om that quarter. Once or 
 twice he scribbled a note writing very fast and handed it to his solicitor, who 
 was sitting below him. Perhaps it would not be incorrect to state that more than 
 one question was put to the witness in cross-examination at his suggestion. 
 
 MRS. LEVELUJs" CONTINUED. 
 
 Mrs. Lewellin, cross-examined by Mr. Coleridge. While Sir. Windham vras. 
 with me I occasionnlly made his bed myself. It was sometimes made by the- 
 housemaid, Sarah Kaymond, sometimes by a charwoman named Partridge, and 
 sometimes by a girl named Kate Babbage. It may also have been made, though 
 not often, by my sister Eliza Sophia. The sheets were given out to wash. One of 
 the washerwomen Mrs. Brown would not wash Mr. Windham' s linen unless I 
 gave her a double price. There was champagne drunk at luncheon. I do not 
 know whether my husband drank any of it. My husband is a most sober man, 
 and never behaved as if he were drunk after luncheon. He is a passionate man a 
 Welshman and generally showed his bad temper after breakfast. ( \ laugh.) We 
 were continually quarrelling about the conduct of Mr. Windham, but we never 
 quarrelled about my husband's conduct to that gentleman. I never said to Mr. 
 Lewelliu, " You are sucking the poor boy dry, and as long as he has any money left 
 you will stick close to him." 1 went to the charwoman, Mrs. Pritchard, about this 
 case twice, onoe with Colonel Broughton and once with Mr. Wood, a clerk to the 
 attorneys to the petitioners. When I saw her with Mr. Wood I asked her whether 
 she recollected that Mr. Windham was in the habit of making a mess in his bed. 
 She replied, "No, I did not see it." I then said to her, " I used to set it straight 
 before you eame up." She did not say to me, " Oh, no ; you could not hare done
 
 anything of the sort." What she said was, " Oh, did you ?" I did put the bed 
 straight by changing the sheets. The dirty sheets of course went to the wash. I 
 changed the bed myself three or four times while Pritchard was in my service. 
 On those occasions I made the bed as far as the under sheet, and then left it so. 
 The rest was done by Pritchard. When I saw Pritchard with Colonel Broughton I 
 told her we had a large dinner party, and asked her to come to assist. I did not 
 say to her, " That blackguard Windham has married a worthless woman, arid she 
 is going to bring him a child, and we want to do what we can for the General." 
 Nor did I say "If you will come and speak against Windham, and say 
 he is a gorger, the General will put you and your husband into a 
 good position; but you must keep it quite quiet." I never said anything 
 approaching to that. I did not even say, " The General will put me and my 
 husband in a good position." When I went to Mr. Field's office to have mv 
 evidence taken down, my sister accompanied me. The General came in for about 
 five minutes, spoke to Mr. Field about business, and then went away to write 
 letters. He did not say to me, " I am much obliged to you for the capital evidence 
 you have given ; I have never heard half of it before." He said nothing of that 
 kind. My sister did not say, " No, nor I ;" in fact, she did not open her mouth. 
 The General did not say, pointing to my sister, "this little woman would help us 
 too, but she is nervous, and might break down in cross-examination." He did not 
 utter any words conveying that sense. Mr. Field did not thereupon say, " It does 
 not at all matter, because one is enough." What the General said was, " You see 
 this Girl has been at the Letvellin's so short a time, and I think it so unpleasant 
 what she would have to say, that I will dispense with her." Mr. Field replied, " Oh, 
 yes. That is what passed, there was nothing more. My sister was prepared to 
 8tate all she knew." She had said, as I was making my statement, "Yes, that is all 
 correct, as far as I know." She offered to state all she knew, and it was then the 
 General interposed and said he would dispense with her. After writing his letters 
 the General returned to the room to speak to Mr. Field, but he did not stay all the 
 time I was giving my evidence. I was present when Mr. Windham came to my 
 house to supper after his marriage. I think it was in November, but I cannot say 
 whether it was before or after I made my affidavit. My husband is agent to Barnes 
 & Co., Wine merchants, Lincoln's-inn-fields, and also to John E. Liberty, 3, Spring- 
 gardens. I do not know that he sold to Mr. Windham wine to the amount of. 30 
 for John Edward Liberty in August last ; nor am I aware that on the 16th of 
 September he sent to Mr. Windham at Fellbrigg-hall wine to the value of 260 for 
 Barnes & Co. I know nothing about the wine business. I do not remember 
 mentioning to Mr. Field anything about my husband sending wine to Mr. Windham. 
 Mr. Windham never ordered me out of his bedroom or sitting room. He never said, 
 " Come, you had better go away to your dear old baby.'' I have no claim against 
 Mr. Windham, but my husband has. I have no idea what the amount of that 
 Claim is. - 
 
 He-examined by Mr. Chambers. I discharged Kate Babbage, one of my servants, 
 because she went to bed with Mr. Windham in my house. I think I know how tho 
 counsel for Mr. Windham have got possession of my letters to my sister. The fact 
 is that Roberts has got hold of my sister for a bad purpose. I sent her to a school 
 with a view of qualifying her for a governess, but she left it without my knowledge 
 or consent. I have called on Roberts three times. The first time I went to him 
 was early in November. My sister was with me. Mr. Windham was there at the 
 time. I saw Roberts. Mr. Windham came out into the hall, and Roberts followed 
 him. Roberts said, " What is it P What is it, Windham ?" Mr. Windham replied, 
 " Oh, only my landlady from Pall-mall. I have told her that her account was left 
 with my solicitor." He meant my husband's account against him. Roberts said, 
 " Oh, oh, all right." Roberts and Windham then turned into the dining-room, and 
 we came away. On the second occasion I went along with Mr. Wood. I saw- 
 Roberts and ] !r. Windham together in the hall. They both came out when the 
 street-bell w tS rung, without waiting to see who it was. Mr. Windham said, 
 " Your husband's account is at my solicitor's, Mr. Davis," and he gave me Mr. 
 Davis' s address, Clifford-street, Bond-street. He then began putting on his driving 
 coat as if he was going out. The third and last time I went to Piccadilly by my- 
 self. I wished to see Mr. Windham. At first Roberts refused to allow me to see 
 him. I told him my business was with Mr. Windham, and see him I must. He 
 said, " You shall not come dunning here." I said, " I have not come dunning, but
 
 39 
 
 to ask Mr. Windham a question." After some albercation, he said, " Well, if you 
 don't want money, you may see Windham." Previous to this he had locked the 
 street door. I asked him to open the door and call some one in to hear what I was 
 going to say ; but the page-boy still kept the door locked. At last Kobarts went 
 upstairs and brought Mr. Windham down, as if he were a keeper over him. I then 
 went into the dining-room with Mr. Windham alone ; the door waa half ajar. I 
 asked him to come to Duke-street, as Mr. Lewellin wished particularly to speak to 
 him. He said, " I will come ; but my wife has run away. The Jews have got hold 
 of her, and she is now locked up in Glasgow gaol." That was all he said. There 
 is not the slightest foundation for saying that General Windham ever offered me a 
 single sixpence. He has charged me most particularly to speak the truth correctly, 
 and has never made me an offer of any kind. 
 
 By the Jury. Mr. Windham was not beset by duns and people with unpaid bills 
 at my house. He never added up the accounts I gave him ; never objected to any 
 of the items ; never even looked at them. I never saw any written invitations issued 
 by Mr. Windham for the various dinners he ordered. He seemed to suppose him- 
 Belf almost the richest man that ever lived ; in fact, according to him there was no 
 end to his wealth. He never entered with me into the particulars of his income. 
 I did not lose any of my lodgers in consequence of the riotous conduct of Mr. Wind- 
 fcam ; but I had complaints from them. I did not show Mr. Windham's accounts 
 to the General or anybody else. When Mr. Windham ordered dinner for a party 
 of guasts he did not tell me what to provide. I prepared whatever I thought neces- 
 sary. Although no guests came the dinner was not wholly lost. We used the ma- 
 terials in the house, and made a corresponding reduction to Mr. Windham. 
 
 By the Master. He was not in the habit of breaking things. He was always 
 very sober, and would never touch spirits. When he told me the Jews had got hold 
 of his wife, and she was in Glasgow jail, he spoke of it in a casual and indifferent 
 sort of way. 
 
 ME. D. LEWELLIN, THE HUSBAND OF THE "LANDLADY." 
 
 Mr. David Lewellin, the husband of the last witness, was examined by Mr. Field. 
 He said, the behaviour of Mr. Windham while lodging in Duke-street was not like 
 that of a person of sound mind. It was at times unbearable. Mr. Windham used 
 to whistle, scream, howl, caterwaul, sing, and jump about like a madman. He waa 
 a most excitable being, and during his meals would suddenly start up and rush out 
 of the house as if he had not another moment to live. On those occasions he would 
 rush down the stairs to the imminent danger of his neck, leaping from one landing- 
 place to another like a madman, and sometimes falling flat on his back. His habits 
 were very dirty, and he could with difficulty be persuaded to wash himself. He was 
 also very passionate, and in his fits of rage, which were often without any adequate 
 cause, he would foam at the mouth, swear, stamp on the ground, and otherwise act 
 more like a wild beast than a human being. The noises I have described were heard 
 in the night as well as during the day. For several nights I was annoyed by a 
 peculiar noise which I was unable to account for. It was like that which might be 
 produced by a cat shut up in a room in great distress. I inquired of my neighbours, 
 right and left, but could get no information on the subject. At last, to my profound 
 astonishment, I discovered that the noise was occasioned by Mr. Windham, who had 
 shut himself in the bath-room, opened the window, and amused himself by cater- 
 wauling like a cat in the middle of the night. (A laugh.) His conduct was other- 
 wise very eccentric. Sometimes he would have his bath warm, at others cold. 
 Often while in the bath he turned on the hot water until the temperature was much 
 higher than it ought to be. I have seen him come out of the bath-room perfectly 
 naked. On one occasion I took up a carriage whip which was hanging in the hall 
 and used it on his person. He threw about his money in a reckless manner. One 
 day he would have 20 or 30, and the next day he would not have a shilling. 
 He has borrowed money of me frequently. Whenever he had any loose money, 
 which he did not want to take out with him, he used to give it to me to take 
 care of it for him. Sometimes when I had money of his in my possession he 
 would ask me for a loan; as if he had forgotten all about it. He would say on 
 these occasions " Come, Old Bob, I must have a pound or two." On one occa- 
 sion, when he asked me for the loan of a sovereign, I told him I had 30 of 
 his, which he had given me the day before. He said, " Oh, old Bob is very 
 fcouest ; all right." He lost a good deal of jewellery, and sometimes in the middle of
 
 40 
 
 the day. He seldom, if i V r, spoke the truth. He once (old me that a hurdle had 
 been placed across the rouu. to upset him while on his ret urn to Fellbrigg-hall from 
 Norwich, whither he had taken his tenants fora treat ; that he himself arrested the 
 offender "like a London detective;" that he prosecuted him at the Assize Court in 
 Norwich, addressed the jury in an eloquent speech, and was complimented by the 
 Judge ; and that the prisoner was sent to prison for four years. (A laugh.) I have 
 seen his bed in a filthy state once, and have had to supply him with clean shirts 
 twice. He was in the habit oi' using reiy bad language profane and obscene. He 
 foamed at the mouth in bed, and while sleeping looked like a lunatic. (A laugh.) 
 He was extremely vain, and wished to be called Captain Windham. He told me 
 ..that he first met with Agnes Willoughby and Skittles in Rotten -row. " Skittles" is 
 the sobriquet of a notorious woman. One day he came home and said he had had a 
 jolly row with Skittles about Agnes Willoughby; that he had ordered Skittles to be 
 turned out of the Park ; that he had bullied her well, and let everybody know who 
 and what she was. He also told me that he had known Agnes Willoughby, and 
 that on going to her house by appointment on one occasion he had found another 
 man there. He has had his clothes sent to her house, intending to sleep with her, but 
 when he has got there he has been obliged to return home again, somebody else being 
 with her. Once, upon my telling him what a bad char scter Willoughby was, " Oh," he 
 said, " Agnes is not the woman you mean : the person you refer to lives at St. John's- 
 wood." I replied, " There is no mistake about it ; Agnes is the woman." He told 
 me that her father, who was a clergyman, had left 500 or 600 a-year, and that I 
 could see all about it by going to Doctors' -commons. I assured him. I had known 
 her myself on the town for years, and that she had ruined many a man. He told me 
 that only two gentlemen besides himself had been intimate with her, one being her 
 seducer and the other a visitor. When I heard that he was going to marry Agnes 
 Willoughby I spoke to him on the subject. He laughed and said, " I only want her 
 for a time." Shortly before he left my house I told him I had heard that he was 
 
 going to settle his property upon her. He replied, " It is a lie ; I have had 
 
 enough of the ." I am positive, from all I know of him, that he is not capable 
 
 of managing himself or his affairs. 
 
 Cross-examined by Sir H. Cairns. I have occupied the house in Duke-street for 
 about twelve months. It was built for me. I have kept chambers for gentlemen 
 for about five years. I have been in the wine trade since 1846. Before that date I 
 was butler and steward at Sir George Cayley's, in Yorkshire. I kno'.v old Mr. 
 Windham about 1850. I was sent to him by Mr. Barnes, the wine merchant, 
 to receive payment of a bill. When I first became acquainted with young Mr. 
 Windham I did not know any other member of his family. I stated in my affidavit 
 that I knew all the members of the Windham family for many years. What I 
 meant was that I knew them by name, and on the books at Barnes and Co.'s, 
 Lincoln's-inn-fields. Mr. Windham agreed to give me two guineas a week for his 
 apartments, an additional charge of 7s. being made for attendance. While he was with 
 me there was four different male servants in the house. They slept on the premises, 
 brushed the clothes and shoes, cleaned the plate, waited at table, and did every- 
 thing that was required of them. I waited at table when there was more than tho 
 servani could do. I often brushed Mr. Windham's clothes, and, in fact, may be 
 said to have acted as his valet. The first agreement he made with me lasted till the 
 first of July. Mr. Peatfield came immediately after Mr. Windham. He asked 
 whether there had been a room taken for him, and I replied "Yes," for Mr. Wirid- 
 hain had Epoken to me about it. That room was not included in the two guineas 
 a week. 1 charged Mr. Peatfield 1 4s. a week for his bedroom, and about 3s. 6t>. 
 for attendance. On the 1st of July Mr. Windham took his room by the year. The 
 terms were 100 a vear, exclusive of Mr. Peatfield's bedroom, which, however, I 
 have charged to Mr. Windham. The baths were charged separately a shilling 
 each. It was agreed that whatever wine Mr. Windham wanted he should have it at 
 the wholesaleprice. The champagne was charged GOs.per doz. I attended Mr. Windham 
 in the bathroom. He never talked to me of experiments with a Turkish bath, but he 
 would sometimes take a hot and cold bath in quick succession. I have seen him make 
 the bath so hot that nobody could bear it. I never saw him jump out on account of the 
 extreme heat of the bath, but I have seen him do so when the room was full of 
 steam. I have seen him come out of the bath-room half a dozen times with nothing 
 but his shirt on, and once or twice quite naked. My office is on tho same floor 
 with the bath-room. Mr. Windham sometimes left bis clothes in my office ; but I
 
 41 
 
 never suggested to him to leave them there in order to save him the tronble of 
 going- upstairs. I have suggested that some of his clothes should be left in my 
 office. The clothes he put on in my office were part of those which he afterwards 
 wore during the day. It was not necessary for him to come out of the bath-room 
 to call for towels, or for me. There was a bell in the room. He has frequently 
 left the bath-room naked, or only with his shirt on, when the street bell was rung-, 
 in order to see who ib was. He did that repeatedly, as often as twice a week, during" 
 the latter part of the time he was with me. His conduct at last became quito 
 unbearable. If I were to say that I have seen him come out in this condition a 
 hundred times I should not exceed the truth. He was exceedingly indelicate. He 
 was on very good terms with me. He told me all' his affairs; he was very familiar 
 with me, and we joked and laughed together a good many times. He had one horse 
 of his own, and I hired others for him from a person named Robins. He drove 
 about in a phaeton until he smashed it. He did not get into a passion when I 
 whipped him. I did not wish, of course, to hurt him. He took it very quietly. I 
 did not flourish the whip over him by way of joke. I am not aware that he treated 
 it as such. I did not. I believe he got money sometimes from a banker, bat I 
 never saw him with a check-book. He never paid me with a check. He frequently 
 borrowed money from me when I had none of his in my hands. I remember 
 supplying Mr. Windham with wine at Fellbrigg-hall. I did so on 
 different occasions, but I did not supply him with any largo quantity 
 until he came of age. He ordered a large quantity from Barnes and Co., on or 
 about the 20th of August. Agnes Willoughby was with him. I was present, and 
 introduced him to the clerk. I neither gave nor shall I get a commission upon that 
 order ; but I shall probably be remunerated by a reduction in the price of some 
 wine which I have had for my own house. The wine sent to Fellbrigg-hall has 
 not been paid for. I believe the amount is upwards of 200. The cellar at 
 Fellbrigg-hall was perfectly empty when Mr. Windham came of age. I have 
 myself supplied Mr. Windham with champagne direct from the docks. It was sent 
 to Fellbrigg-hall. He asked me for it, considering it very cheap and good. On one 
 occasion I sent him twenty cases ; and I have supplied him with small quantities 
 at other times. I also supplied him with some cases of claret and brandy. He 
 has likewise had wine from Mr. Liberty. The money he got from his banker was 
 generally gone in an hour. When he was. in a passion it was almost dangerous to 
 go near him. He would stamp and swear and threaten to kill any person who 
 spoke to him. I have seen him bite his nails and lips until the blood has come. 
 I am quite positive he told me that he himself addressed the jury down in 
 Norwich, and that he was complimented by the judge. If there is a statement in 
 my affidavit to the effect that he told me what his counsel said to the jury, all I 
 can say is that it is not true, and that I do not know how it got there. I have no 
 doubt I read my affidavit before I swore to it. I was not aware it waa made for 
 the purpose of enabling proceedings to be taken against Mr. Windham. My opinion 
 was that the intention was to protect him from the vile hands into which he and 
 his property have fallen. All the letters written by Mr. Windham to me I have 
 given to General Windham, or rather to his solicitor. I may possibly, also, havo 
 given some letters addressed to Mr. Windham. I delivered up all the documents 
 and papers which I could find in his rooms. I have supplied General Windham with 
 wine three times. The first time was in July last, when I sent him, by the erder 
 of his nephew, a dozen of champagne on trial. Afterwards I sent him eight dozen, 
 and about six weeks ago I sent him six dozen. He has also had a dozen of 
 brandy. These are all the dealings I have had with him. I do not know who 
 brought the General to Duke-street on the night when his nephew came to sup with 
 me after his marriage with Agnes Willoughby. I did not send for him on that 
 occasion. My impression is that he was brought by Mr. Corbellis, one of my 
 lodgers, for the purpose of giving him an opportunity of saving his nephew. 
 Young Mr. Windham never objected to any of the items in his bills. He never 
 Baid, when I showed him the entries in the pass-book, " Come, Bob Ridley, this is 
 laying it on rather too thick." He always acted liberally with me in everything. 
 During part of the time Mr. Windham was in Dnke-street I had a sister-in-law 
 named Eliza Sophia staying with me. I do not remember her taking charge of the 
 house while my wife was at Ramsgate, but she was found sitting on the bed with 
 Mr. Windham, and I remember turning her to the door.
 
 42 
 
 Tho cross-examination of the witness was not concluded when the Court 
 ndjourned till the following Thursday. 
 
 SEVENTH DAY THURSDAY, DEC. 26. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this morning, in the Court of Exchequer, Westminster, 
 before Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the peti- 
 tioners ; Mr. Charles Kussell for Lady Sophia Elizabeth Giubilei, the mother of the 
 alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for 
 Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 The Master said I am increasingly anxious about the length to which this in- 
 quiry must inevitably extend. The present is the seventh day of sitting, and we 
 have not yet averaged more than three witnesses a day. I hope we will get on 
 quicker in future, and I for one will do everything I can to shorten the inquiry. I 
 have made arrangements which will enable me to sit de die in diem until the case is 
 concluded, and, if the parties wish it, I am prepared to sit every day from 11 o'clock 
 in the forenoon till 7 in the evening. 
 
 MR. LEWELLIN'S EVIDENCE CONTINUED. 
 
 Mr. Lewellin, cross-examined by Mr. Coleridge. I was at one time valet to Mr. 
 Barnes, wine merchant, Lincoln's-inn-fields. Some years ago I had two houses in 
 Pall-mall one at No. 45, and one at No. 16. Mr. Barnes occupied the first floor at 
 No. 16. Other apartments in the same house were let to Mr. John Henry Smith, of 
 Smith, Payne, and Smith's ; and to Mr. Price, M.P., for Gloucester. I have nine 
 eisters-in-law. Several of them visited me occasionally when I lived at No. 16. 
 One Caroline Priscilla stayed with me about six weeks before she died. While 
 nhe was there none of my apartments were occupied by a young man who is since 
 <!ead. None of my lodgers furnished any part of the house. After leaving Pall- 
 mall I went to Gilston-lodge, Brompton. Mr. Parsons, an old gentleman, lived with 
 me there. My sister-in-law, Eliza Sophia, visited us occasionally at Gilston-lodge. 
 Sometimes she would stay a fortnight, sometimes a month, sometimes six weeks, or 
 two months. Mr. Parsons kept two carriages. One of them was occasionally used 
 by my family. Eliza Sophia sometimes went out in it. 
 
 Mr. Coleridge. Was she in the constant habit of using it? 
 
 The witness. I refuse to answer any more of these questions. I am here to give 
 evidence in the Windham case, not to speak about my family affairs. 
 
 The Master. The jury are anxious to know, Mr. Coleridge, whether your ques- 
 tions are relevant to the case before us. 
 
 Mr. Coleridge. They are most relevant. 
 
 Mr. Chambers. Yet none of them were put to Mrs. Lewellin. 
 
 The Master. The jury are satisfied with your statement, Mr. Coleridge, and you 
 may proceed with your cross-examination. 
 
 Mr. Coleridge. It is most important that the credibility of the witness ahould be 
 thoroughly tested. 
 
 Cross-examination resumed. Eliza Sophia was not in the constant habit of going 
 out in the carriage. She went only when I allowed her to do so. Now and then 
 she may have gone out with Mr. Parsons. She did not go to dinner with him at 
 Richmond. Mr. Parsons died when I was at Gilston-lodge, but he was not jiving 
 with me at the time. When he went away he took his furniture with him, with the 
 exception of some things which I bought. He had some pictures, but he took them 
 all away. He left my house through Eliza Sophia. She did not leave at the same 
 time, but I sent her away. From Gilston-lodge I removed to Duke-street. I have 
 sold wine for Barnes and Co. for twenty years. I do not get a commission, but 
 the wine I require for my own house is supplie'l at butt price. I have also sold 
 wine for Mr. Liberty, Spring-gardens. On the 6th of August Mr. Liberty supplied 
 Mr. Windham with 36 dozen of wine. On the 16th of September I gave Barnes and 
 Co. an order to send to Fellbrigg-hall wine to the value of 260. About the 20th 
 of August I supplied Mr. Windham with champagne to the value of GO direct from 
 the docks. I was defendant in an action, " Smart v. Lewellin." A set of swindlers 
 had robbed me of 100 or 500, and they concocted a suit against me while they 
 were in Whitecross-street prison. The jury found for 150 damages. It was a 
 common jury, and my counsel sold the case. (A laugh.-) I was not asked to e-ive
 
 43 
 
 evidence, but I insisted upon going into the box and being heard. The damages 
 were paid for me, and 1 did uot lose a single farthing. I was also defendant in a 
 County Court suit, " Dignam v. Lewellin." There was a claim made against me for 
 30. I was sworn, and gave my evidence. The judge decided the case against 
 me, but that was because I told him 1 would pay the money. He did not say he 
 , thought I should be indicted for perjury. The plaintiff was my sister-in-law, Eliza 
 Sophia. She was put up to it by her brother, and did it out of spite becausa I 
 turned her out of my house. Afterwards I got a letter from her, saying she was 
 mad when she raised the action against me. I saw Dr. Babbington at my house 
 once. He was brought by Agnes \Villoughby, who called him her family doctor (a 
 laugh) ; and he saw Mr. Windham, who was then suffering severely from diarrhoea. 
 I did not say anything to him about Mr. Windham's state of mind. When I tele- 
 graphed for Mr. Windham I did so at the request of Mr. Chappel, his mother's 
 solicitor, who told me it was most important that he should be in London. I may 
 have informed Mr. Hook that I had sent for Mr. Windham, but I am certain that I 
 did not communicate the fact to the General. 
 
 Re-examined by Mr. Chambers. Mr. Windham was in the constant habit of 
 leaving the bath-room partially naked when the street bell was rung. On ono 
 occasion he came out quite naked, and ran as far as the dining-room door, which is 
 close to the street door. Sometimes I had great difficulty in persuading him to 
 re-enter the bath-room. When using the bath, part of his clothes coat, vest, and 
 hat were left in my office, but his shirt and trousers were always taken into the 
 bath-room. I had known Mr. Parsons since my boyhood. No claim has ever been 
 made against me in respect of any furniture which I have of his. I turned Eliza 
 Sophia out of the house because she would not attend to what I said to her. It was 
 then she proceeded against me in the County-court. 
 
 By the Jury. Mr. Windham never added up the entries in his pass-book to 
 ascertain whether the sum total was correct. I may have shown his bills to his 
 relatives, General Windham and Mr. Hook. I never saw Mr. Windham the worse 
 for wine except once. He was very seldom visited by gentlemen of his own age 
 and condition in life. I supplied him with wine at the wholesale price. I had uo 
 licence for the sale of wine. He was not in the habit of ordering things in from 
 shops. He was not beset by duns. When he came out of the bath-room in the way 
 I have described he usually had his shirt and trousers on, but the latter .were 
 unbuttoned. About a fortnight or three weeks after he came to my house I told 
 Mr. Hook, one of his guardians, that in my opinion he was not right in his mind. 
 
 By the Master. Mr. Windham never complained of the amount of his bills. I have 
 DO doubt I could have overcharged him with impunity if I had been inclined to do so. 
 
 THE EEV. T. J. 15ATY, AN OCCASIONAL VISITOR. 
 
 The Rev. T. J. Baty, examined by Mr. Hume Williams, said he was a clergy- 
 man and resided at Roehampton. He had considerable experience in the 
 education and management of boys. He was requested by Mr. Hook to take 
 charge of Mr. Windham, but he declined, and recommended Mr. Peatfield, an old 
 college companion. He visited Mr. Peatfield in Duke-street and had many oppor- 
 tunities of seeing and talking with Mr. Windham. On one occasion, in May, he saw 
 Mr. Windham alone. The latter came into the room with nothing on except a 
 dressing-gown, which was very loosely thrown about him. He was in an excited 
 state and told witness that he was engaged in a serious business with the detectives. 
 He said it was impossible for him to mention it, as it was a private matter. He 
 then sat down and wrote a note. After he had done so he told the witness in a wild 
 way that Sergeant Joy, of the detective force, was following the steps of a lady 
 with whom he was engaged. He said he believed she was unchaste, and he had 
 employed Joy to discover the truth. He mentioned the lady's name; she was a 
 lady of position, and had since been married to an officer in the army. Witness saw 
 Mr. Windham on several other occasions. His manner of eating was most offensive j 
 so much so, indeed, that witness was once unable to remain at table. One day Mr. 
 Windham jumped up from the table, and, with a shriek, drew a knife rapidly across 
 his throat, at the same time making a horrible grimace. His talk was wild and 
 incoherent, and his language coarse ; ho was an habitual swearer, and seemed 
 unable to distinguish between truth and falsehood. Witness reproved him for 
 swearing, but, though he was excessively cowed for the moment, the reproof had no 
 ufrther effect upon him. He was iu the habit of running about the house, throwing
 
 44 
 
 up the windows, and hooting and howling like a madman. Witness believed him 
 either to be insane, or at least to have a very weak mind. Some of his lies were 
 useless, causeless, objectless. Witness heard him relating to Mr. Lewellin how he 
 had arrested a man down in Norfolk, and how he had been complimented upon the 
 fact by the magistrates, who told him that he was evidently a London policeman 
 and not a Common country one. (A laugh.) 
 
 Cross-examined by Mr. Karslake. I have been in the Church since 1855, and 
 have known Mr. Hook for about three years. The first time I saw Mr. Windham 
 to speak to him was after he went to Duke-street, when I savr him with nothing 
 but a dressing gown on ; he apparently came from his be^-room. He 
 spoke of the lady as a person to whom he either had been, or was at that time 
 engaged I am not certain which. He was much excited. At the end of aboufc 
 twenty-five minutes he left the room for a short time. When he returned he was 
 partially dressed. Some time afterwards I was in his company for about an hour, 
 but I do not recollect anything particular happening on that occasion. He was in 
 the habit when at lunch of beating the tune of " Old Bob Ridley " on the table with, 
 the ends of his knife and fork. I do not know the song of " Old Bob Eidley," nor do 
 I recollect him singing 
 
 " Oh, the first time that I got a licking, 
 I was in the field at the cotton picking 
 It made me dance and made me tremble 
 By golly it made my eyeballs gingle." 
 
 (A laugh.) I never heard those lines before. I can give you no instance of what I 
 have called his useless, causeless, objectless lies. He told me so many that really I 
 forget the details of any one of them. During the time I used to visit in Duke- 
 street I saw Mr. Hook once. I met him in St. James's-street. After the marriage 
 of Mr. Windham in August Mr. Peatfield stayed with me at Roohampton for about 
 six weeks, and then went to Russia. 
 
 ELLEN MOORE, ME. LEWELLIN's COOK. 
 
 Ellen Moore, examined by Mr. Chambers, said I was in the service of Mr. 
 Lewellin as cook and kitchenmaid when Mr. Windham lodged in the house. One 
 day about noon I saw Mr. Windham running along the passage quite naked, and 
 making a great noise shouting and catcalling. I used to poach from four to 
 eight eggs for his breakfast. He ate more like a pig than anything else. Several 
 times I have cooked dinners for himself and a party of friends when nobody came. 
 I didn't think him in his right mind. 
 
 Cross-examined by Sir H. Cairns. Mr. Windham was the only person I ever saw 
 out of his mind. I never heard any one who could imitate a cat so well as Mr. 
 Windham. (A laugh.) Mrs. Pritchard, the charwoman, was not in the house at 
 the time I saw Mr. Windham running along the passage naked. I did not look to 
 eee whether the bath-room was full of steam. 
 
 ME. COEBELLIS, A LODGES AT ME. LEWELLIu's, 
 
 Mr. Corbellis, a clerk in the War office, was examined by Mr. Field. He said I 
 have been lodging with Mr. Lewellin since January last. I have never spoken to 
 Mr. Windham, but have heard him shouting, swearing, and laughing in a vacant 
 sort of way. His laugh was that of a lunatic. On one occasion I heard Mr. 
 Lewellin saying he would take the horsewhip to him. There was a noise in the 
 passage as of some one running about at the time. When Mr. Windham went to 
 Duke-street to eup after his marriage, I volunteered to go for the General. 
 
 Cross-examined by Mr. Karslake. I had never been at the General's residence 
 in Eaton-place before. I have never been in the same room with Mr. Windham 
 when he was shouting and laughing ; nor did I know him by sight. My notion of 
 a lunatic is a man who cannot be allowed to go about with safety. A man may 
 be able to read Horace and Virgil and pay his bills, and yet be a lunatic. I have no 
 doubt, from Mr. Windham' s laugh, that there is something wrong in his head. 
 
 By the Jury. The Lewellin's house was generally well-conducted, and no attempt 
 was ever made, as far as I know, to impose upon the lodgers. 
 
 MR. SCOTT, SOLICITOR, AYLESHAM. 
 
 Mr. W. H. Scott, solicitor, in Aylesham, Norfolk, was examined by Mr. Williams. 
 He said, I have known Mr. Windham since 18-15, and have occasionally acted pro-
 
 45 
 
 fessionally for his father. I early formed the opinion that he was a boy of weak 
 intellect. That opinion was founded upon hia extraordinary excitement in play, his 
 sudden and unreasonable fits of passion, and the peculiarly vacant expression of hia 
 face when in a state of repose. I was at old Mr. Windham's funeral, and saw the 
 son going about among the people, welcoming them almost in a joyous manner, 
 and asking them with a delighted expression of countenance whether they would 
 like to see the coffin. In the church during the reading of the lesson he gave a cry 
 which resembled the cry of an animal in distress. It was a manifestation of grief 
 uncontrolled by reason. At the mansion-house, after the funeral, he was as cheerful 
 and careless as ever. I spoke of his conduct at the Windham ovation in Norfolk, 
 and related the particulars of his fight with a showman in Aylesham, as described 
 by the postmaster of that town. I saw him himself shortly after the fight, and 
 described him as sitting on a chair with his hands on his knees, crying, the tears 
 running down his face unchecked, and his whole expression denoting utter mental 
 prostration. I have no doubt that he is a person of deficient intellect. 
 
 Cross-examined by Sir H. Cairns. I believe that in Mr. Windham instinctive 
 impulse when excited is not under the control of intelligent reason. Ar> animal 
 might have reason, but men only have or should have, intelligent reason. The 
 reception of ideas through the senses and acting upon them is a process of reason, 
 but intelligent reason deals with a higher class of ideas, such as comparison, which 
 may be wholly independent of the senses. Thus, an intelligent being can compare 
 the intellectual powers of two men without seeing or touching them. The writing 
 of a letter stating facts which have occurred, and drawing inferences from them, is 
 a process of intelligent reason, provided the inference were rational. Mr. Windham 
 might write a letter of that kind, for he is not totally devoid of intelligent reason, 
 but ho is nob capable of any sustained thought. He has enough of reason to form 
 a conviction, but his conviction, so to speak, has no memory. It does not fix itself 
 in his mind, or influence his conduct. For example, he might be convinced that ho 
 ought to buy a certain article on account of its excellence and cheapness ; but just as 
 likely as not, instead of acting upon his conviction, he would purchase anything elso 
 which might happen to catch his eye. For the same reason he would continue 
 dealing with a man whom he knew was cheating him. 
 
 By Mr. Coleridge. I have comparatively recently noticed the peculiarly vacant 
 expression of Mr. Windham's face when in a state of repose. On one occasion, when 
 Mr. Peatfield and myself were engaged in a discussion about the state of the soul 
 after death, Mr. Windham's face became quite idiotic in its expression. (A laugh.) 
 He evidently did not understand a word of what was said, and at last fell asleep in 
 an arm-chair. (A laugh.) The discussion continued for a considerable time, and 
 Mr. Windham did not awake until it was finished. (Great laughter.) 
 
 By the Jury. If Mr. Windham has asked me to transact business for him he 
 would not have done so except under peculiar circumstances. Mr. Windham is not 
 a man to be trusted. I would certainly not have made his will without taking the 
 advice of medical men. 
 
 The inquiry was again adjourned. 
 
 EIGHTH DAY. FRIDAY, DEC. 27. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of . 
 the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 ME. ATKIN, BOOTMAKER, OPERA 'COLONNADE. 
 
 Mr. Thomas Atkin, examined by Mr. Field I am a bootmaker in the Opera 
 Colonnade, and have known Mr. Windham since the 28th of May last. Since that 
 date I have made seventeen or,eighteen parrs of boots -for him. On one occasion he 
 ordered two sets,of trees for every pair of boots. I did not comply with the order, 
 because I thought it was unreasonable. His conduct, as far as it came under my 
 observation, was of a rather random character. He used to shout and howl and 
 utter bad language in my presence. When I refused to supply him with two seta 
 of trees for every pair of boots, he got into a violent rage and oxclaim'ecl, " You
 
 46 
 
 old fool, can't I have what I like ?" On one occasion I gave 4 to a servant in 
 Duke-Street, with directions to hand it to Mr. Lewellin. She gave it to Mr. Windham 
 in mistake. He sent for me to talk over the matter, and when I had explained how 
 the mistake had arisen, he said tome, "If you don't stand a bottle of sham" 
 meaning champagne " I will shoot you." I implored him not to do so,'for I wished 
 to live a little longer. He then presented a pistol at my breast, but I do not 
 think he intended to do me any mischief ; it was a mere frolic. In the month of 
 November last I saw him with Roberts in Piccadilly. Mr. Windham had ordered a 
 pair of boots from me, and I took them home. As soon as he saw me ha 
 burst into a furious passioa, and called me bad names. Roberts was even worse than 
 Mr. Windham, and told me that he would not allow me to come dunning there. At 
 length Mr. Windham suddenly broke into a laugh, and said, addressing me, " All 
 right, Bob ; all right." I believe, from all I have seen of him, that he is incapable 
 of managing himself or his affairs. 
 
 Cross-examined by Mr. Karslake. I have not brought my books with me, but I 
 can easily get them. Mr. Windham was recommended to me by Mr. Lewellin as a 
 good customer. Shortly afterwards I called of my own accord on Mr. Windham, 
 and at that first interview he gave me an order for a pair of Balmoral boots, for 
 which I charged him 1 ISa. Since then I have supplied him with Wellington boots, 
 shooting boots, top boots, and cricket shoes. After his marriage I had a bill against' 
 him of about 37. It was paid by a solicitor in Golden-square, to whom I. was 
 referred by Mr. Windham himslef. Before Mr. Windham gave me any order for trees 
 I had supplied him with three or four pairs of boots. When he ordered two seta of 
 trees for every pan* of boots, he did not tell me that he lived sometimes at Fellbrigg- 
 hall as well as in London, and that he wanted one set of trees for each place. -I . 
 made four sets for him, but if I had executed all his orders I should have supplied 
 him with about forty sets. (A laugh.) Mr. Windham, in fact, had trees for all 
 kinds of boots, except dress boots. The latter being of patent leather did not re- 
 quire trees, and Mr Windham did not order any. I made an affidavit in Lincoln's- 
 inn-fields, but I do not recollect who asked me to do so. I think I received a letter 
 from the solicitors to the petitioners. I see the following passage in my affidavit : 
 " He burst into a violent rage without any provocation on my part, swore at me 
 furiously, presented three different pistols, one after another at me, and said he 
 would shoot me." That refers to the scene which I have already described. In 
 point of fact I only saw two pistols, and the statement in the affidavit that there 
 were three is a mistake. 
 
 Re-examined by Mr. Chambers. When Mr. Windham threatened to shoot me if I 
 did not stand a bottle of champagne, I complied with his demand. (A laugh.) I 
 requested Mr. Lewellin to give us a bottle of champagne, and paid hitn 5s, for it. . I 
 was frightened at the time, although I think it was only a frolic on the part of Mr. 
 Windham, because the pistol might have been loaded unknown to him. 
 
 By the Master. I have had, unfortunately, too many young men of fortune and 
 fashion as customers. If one of them, had ordered two sets of trees for one pair of 
 boots, 1 should have regarded such an order as very strange, even though I might 
 not have had any reason otherwise for suspecting the sanity of the person giving the 
 order. A gentleman might, of course, very reasonably order two sets of trees, pro- 
 vided he 1 intended to use one set in the country and the other in town. As a matter of 
 fact, however, I never made two seta of trees for one pair of boots. 
 
 EICHARD ROBINS, GARDINER AT FELLBRIGG-HALL. 
 
 Richard Robins said, I have been a, gardener at Fellbrigg-hall for forty years. 
 One Sunday in October last, upon returning from the grapery with Mrs. Windham, 
 I found Mr. Windham in the pantry with two of the men-servants; one of the 
 latter, who did not appear to be sober, said he was determined to leave ; and Mr. 
 Windham, as far as I could observe him, did nothing but laugh. Mr. Windham 
 took me up to a room, and, instead of giving me a glass of sherry, which Mrc. 
 Windham had ordered for me, insisted upon my taking a glass of brandy, which he 
 eaid would do me more good. 
 
 MR. J. BREESE, LANDLORD OF THE BLACK BOY, AYLSHAM. 
 
 Mr. James Breese, the landlord of the Black Boy Hotel, in Aylsham, said, I saw 
 portion of the fight between Mr. Windham and a showman in the market-place of 
 that town. It occurred on a Sunday. Mr. Windham drove into the market-plac*
 
 47 
 
 in a post-cart, and soon got involved in an altercation with the men belonging to a 
 menagerie of wild beasts. I saw him throw himself into a fighting attitude. 
 One of his antagonists was a woman, who brandished a tin pan over his head, and 
 when in the act of retreating, overpowered by numbers, Mr. Windham thrust his 
 elbows through a window. He eventually took refuge in the post-office. At- one 
 time Mr. Windham often hired horses from me. He always rode and drove 
 furiously, and at last I refused to let him have any of my animals. On the 
 
 occasion of a ball in Aylsham Mr. Windham had a squabble with the police, r.nd,' 
 
 in describing the occurrence afterwards to me he said, " The peelers wanted 
 
 to prevent me from getting into the inn yard, but I would have driven over them 
 
 '* if they had not got out of my way." I do not think Mr. Windham capable of 
 managing his own affairs. 
 
 Cross-examined by Sir H. Cairns. I have still a claim against Mr. Windham 
 for the hire of horses. The account has been sent in. I f never drove with Mr. 
 Windham. 
 
 MR. JAMES HOLDEN, INSPECTOR OF THE C DIVISION, METROPOLITAN POLICE. 
 
 James Holden, examined by Mr. Chambers. I am an inspector in the C 
 division of the metropolitan police, and have known Mr. Windham for about two 
 years. I have seen him about in the streets and elsewhere. From the manner in 
 which he conducted himself I have formed the opinion that ho is a man of weak 
 intellect. I -do not mean to say that his mind is unsound, but he is weak and 
 imbecile. I have heard him shouting in the streets, pretending to be a policeman, 
 and trying to move people off. He was fond of associating with the police, and, 
 especially within the last three or four months, has often tried to force his com- 
 pany and conversation upon me. I have seen him walk up to a group of persons 
 in the street and say, in the voice and manner of a policeman, " If you don't move 
 off from here, I will lock you up." The parties have moved away, principally I 
 suppose, because they saw me with him. (A laugh.) No complaints have ever 
 been made to me about him. Two or three months ago he told me that his 
 mother had married a young man, and that they and the old General wanted to rob 
 him of his property. He was crying at the time, the tears flowing from his eyes, 
 and a sort of froth or foam running from his mouth. He did not use a handker- 
 chief, but wiped his face with the cuff of his coat. I told him to go home it was 
 . in the Haymarket, about two o'clock in the morning and then left him. At the 
 ' 'end of June or the beginning of July he told me he was about to be married to a> 
 . , Miss Windham, a cousin of his. One evening in October he accosted me in 
 Stafford-street", Bond-street, and requested me to ask the superintendent to allow 
 me to go down to the country to apprehend his wife, because she had robbed him 
 of diamonds to the value of 30,000. He was crying like a child, and said every- 
 body was trying to rob him. I did not believe him, of course, and told him ho had 
 better speak to the superintendent himself. He was slobbering at the mouth, and 
 looked very dejected. 
 
 Cross-examined by Mr. Karslake. It was part of my duty to visit the night-houses 
 in and about the Haymarket. Mr. Windham never accompanied me on those visits, 
 but I have often seen him in the houses when I went to them. He liked to assumo 
 the authority of a policeman when walking with me in the streets. I have heard 
 him ordering people to move off two or three times. I have been eleven years in the 
 police force, and never knew any of the Windham family. I have always lived in 
 London. There is not a noisier place in London at night than the Haymarket, with 
 the exception, perhaps, of the Ratcliffe-highway on certain occasions. Most of the 
 night-houses are in that quarter, and they usually " keep it up" till three or four 
 o'clock in the morning. It was in the Haymarket, between one And two in tlio 
 morning, that he told me he was about to be married to a Miss Windliam. I nny 
 have stated in my affidavit that he told me he was actually married to Miss. 
 Windham. I am not quite certain which version is the correct one, but my 
 impression is that he told me he was about to be married. I see it stated in rny 
 affidavit that he wanted mo to go down to apprehend his wife in Norfolk, because 
 she had run away with jewellery to the value of 13,000. I do not know how tue 
 statement came to be inserted. What he really said was that he wanted me to go 
 down to the country, not mentioning any particular place, to apprehend his wife 
 because she had robbed him of diamonds to the value of 30,000. 
 
 He-examined by Mr. Chambers. If Mr. Windham had given me a charge I should 
 Lave taken no notice of it, unless his statement had been corroborated by other
 
 48 
 
 pr-sons. He is a person of such weak intellect that no dependence can be placed 
 npon him. He was always different from the other young men in the Haymarket. 
 His conduct was childish. I have seen him in night-houses with prostitutes and 
 gentlemen; but he always behaved himself pretty well in those places, at least when 
 I was present. 
 
 By the Master. Mr. Windham never appeared to me to be under the influence of 
 liquor. I am not aware that he ever put on a police uniform. 
 
 By the Jury. He never attempted to obstruct me in the execution of my duty. 
 The police do not allow shouting in the Haymarket at night, but Mr. Windham is a 
 privileged being on account of the state of his mind. I generally saw him in the 
 company of prostitutes. I formed the opinion that he was a person of weak intellect 
 almost from the first moment I saw him. He introduced himself to me by taking 
 hold of my arm and asking me to have some champagne, addressing me as " old 
 fellow," and "jolly cock." (A laugh.) All of a sudden he changed his tone and 
 appeared as if he were about to cry. I never had any champagne with him. 
 
 MR. H. WHEATLEY, DETECTIVE^OFFICER IN NORWICH. 
 
 Henry Wheatley, examined by Mr. Field. I am a detective policeman in Norwich, 
 Before I joined the police I was a railway inspector on the Eastern Counties line, 
 and sometimes acting as guard. I have known Mr. Windham for six or seven years, 
 and for a long time saw him constantly on the platform of the railway station. Ho 
 was generally called " Captain," because, I suppose, he was known to be a nephew 
 of General Windham. (A laugh.) I have frequently seen him running up and down 
 the platform, shutting the carriage doors, and telling the passengers in a loud tone 
 of voice to take their seats or they would not get on with the train. I have often 
 seen him get into the break-van. His manner was always very wild. After I 
 became a policeman I saw Mr. Windham at a ball in Norwich. It was on the 20th 
 September, 1SGO. He conducted himself very badly, shouting and bawling. He 
 came up to me, said that he would give me half-a-crown for my whistle, arid that if 
 I would let him have it he would blow it in the ball-room, "which," he added, "will 
 cause a jolly spree." He has often stopped me in the streets and shaken hands with 
 me, generally asking me whether I had seen his fancy girl. When Blondin was 
 performing in Norwich I saw Mr. Windham walking up and down the road in front 
 of the place set apart for the performance, and heard him tell the people he was a 
 London detective. In his conversation he would wander from one subject to another. 
 I have often travelled with lunatic patients, ami from what I have seen of them and 
 of him my opinion is that Mr. Wiudham is not in a sound state of mind, or fit to 
 manage himself or his affairs. 
 
 Cross-examined by Sir H. Cairns. The patients I have referred to were always 
 quite quiet, but Mr. Windham was just the reverse. (A laugh.) I do not know 
 whether he was " chaffing " when he told the people at Norwich that he was a 
 
 . London, detective. What he said was, "I am a London detective." Since I 
 
 left the railway I have seen him on the engine and in the break-van, but not when 
 the train was in motion. I never saw him actually drive aa engine. He was very 
 fond of being at the railway, and I have seen him acting as porter. I cannot give 
 you an example of his wanderings in conversation. 
 
 By the Master. I am not aware that either the police or the railway authorities 
 remonstrated with him at any time. I never saw him intoxicated, or dressed in a 
 railway uniform. 
 
 SARAH RAYMOND, MR. LEWELLIN's HOUSEMAID. 
 
 Sarah Raymond, examined by Mr. Field. I was in the service of Mrs. Lewellin 
 as housemaid for five weeks in July and August last. I did not see much of Mr. 
 Windham, but I often heard him shouting, swearing dreadfully, and jumping about 
 the house. Once I heard him make a noise like a cat after all the people in the 
 house had gone to bed. I used to collect his things for the wash; they were 
 always very dirty. Sometimes I made his bed. I often found it in a filthy state, as 
 if a child had slept in it. 
 
 Cross-examined by Mr. Karslake. Mrs. Pritchard, the charwoman, was in the 
 house for about a week when I was there, and she helped me to make the beds 
 during that timi. Clean sheets were not put on Mr. Windham's bed every 
 night. When the sheets were cemovad, they were -stained a little, and his shirts 
 and drawers were stained in the same way. I know he was suffering from 
 a very bad disease at the tiitfe, and, except on three or four occasious,
 
 UK. MONTAGUE CHAMBERS, Q.C.
 
 the stains were from that cause. On those excepted occasions he had nsed the bed 
 like a child. I believe he was taking medicine in large quantities. 
 
 MR. W. BUTCHER, LAND SURVEYOR, NORWICH. 
 
 Mr. W. Butcher, examined by Mr. Williams. I am a land surveyor and valuer in 
 Norwich. In October last Mr. Chappel, the solicitor, who told me he was acting in tbo 
 matter for Mr. Windham, employed me to value the farms on the Fellbrigg estate. 
 I was told, at the same time, th:it large sums of money were due by Mr. Windham, 
 and I was directed to mark all the trees which might be felled without injuring or 
 disfiguring the property. The survey occupied four days, and at the fourth day I 
 ppoke with Mr. Windham for the first time. I asked him whether the bailiff or 
 woodman had pointed out to him the trees which I had marked. He replied in a 
 very hasty manner, "Yon have been too quick; I have sold all the trees for 
 5,000, and am to get 500 a month." He said he had sold them to a Government 
 contractor, and had signed the contract the day before. I told him that he should 
 not have done any such thing, and that he had ruined the Fellbrigg estate. He 
 shrugged his shoulders and said, in an extraordinary sort of way, " I have made a 
 very good job; don't you think so?" I told that there were not 5,000 worth of 
 trees on the estate which ought to be felled. " Ah," he said, " You have not been 
 in the Runoton valley ;" referring to a portion of the settled estates with which I 
 knew he could not meddle. He did not say anything to me about the price per 
 foot, nor did he seem to understand in the least the nature of the contract he had 
 entered into. He suddenly called for two bottles of wine, and I drank a glass 
 and then left him. Since then I have not spoken to him, but I have seen him 
 frequently at the railway. He appeared to act as a guard, and I actually saw him 
 on one occasion turning the steam 011 at the Windham station, a few miles from 
 Norwich. He seemed to be delighted at what he had done. I have often seen. 
 him opening the carriage door when the train arrived at the station. The oak on 
 the Fellbrigg estate is very fine timber and should bring an average price of about 
 2s. 6d. per cubic foot. October is not a proper month for cutting oak. In taking 
 the girth of a tree it is not usual to measure it at two-thirds of the length from 
 the butt-end. By that mode of measurement the purchaser would get an advantage 
 to the extent of about 25 per ce.nt. 
 
 Cross-examined by Sir H. Cairns. In July or August last, land near Sndbury 
 which belonged to the late Mr. Windham was sold by the trustees for 05,000. 
 There has not been much timber sold of late years off the Fellbrigg estate. Old Mr. 
 Windham was very particular about the trees, and would not allow any to be cut. 
 When I went over the estate in October, I found a great many trees lying on the 
 ground which had been blown down. I did not take any account of them. Alto- 
 gether, I marked 536 oak trees, and estimated their value at 2,580. I also marked 
 a number of ash trees, chestnuts, beeches, limes, and sycamores, estimating their 
 value at 306 5s. Mr. Windham simply told mo that he had sold the timber ; he 
 did not particularise the oaks. Some, of the oak trees I marked shoukl have been 
 cut long since ; thirty years ago they would have fetched double the price they will 
 now. There is a largo quantity of sweet chestnu-ts on the estate, some beeches, and 
 a few sycamores, and a great deal of fir. The beeches would not fetch more than 
 from 6d. to 8d. per foot ; the chestnuts might be worth Is. Gd. per foot, the syca- 
 mores from (id. to 8d., and the fir from Sd. to lOd. There is a considerable number 
 of young oaks on the estate ; they are not included, of course, in my estimate ; in 
 fact, it would be a great sin to cut them. They are from fifty to sixty years old, 
 and, with the exception of some to the north, don't want thinning. In Norfolk 
 timber is generally sold for ready money. I made an affidavit at the request of Jlr. 
 Hansell, a solicitor in Norwich. I do not know whether he acts professionally for 
 General Wiudham or the Marquis of Bristol. 
 
 By Mr. Coleridge I know that Mr. Hansell is receiver of the estate, acting for 
 Captain Henry Windham. I do not know for a certainty that General Windham is 
 one of the trustees. I am not aware that Mr. Hansell and General Windham were 
 over the estate the day before Mr. Windham came of age. 
 
 Jie-examined by Mr. Chambers. I carefully marked every tree, oak and others, 
 which I thought onght to be cut down. A contract which stipulated that oak 
 timber trees should be paid for at the rate of 12d. per cubic foot, string measure, 
 for all above 13 inches square, and 8d. per cubic foot for all under 13 inches 
 square, would not be a reasonable agreement. The sum to be paid for trees above 
 
 B 2
 
 13 inches square would be Is. 6d. per foot below the average market price, and th 
 snm to be paid for trees under 13 inches square would be about lOd. per foot below 
 the average market price. I should say that 6d. per cubic foot for all other kinds of 
 trees about 14 inches square would be rather too little. The market price would be 
 about 2d. per foot more. [It was understood that Mr. Chambers in asking these 
 questions was quoting from the contract signed by Mr. Windham.] I marked all 
 the small trees which I thought ought to be taken out. When I went over tho 
 estate I did not find that other persons had marked any of the trees. 
 
 Ey Sir H. Cairns. I cannot tell you what a fair average price per foot vould be, 
 supposing a purchaser were to bind himself to take all the trees of every kind on the 
 estate. The Fellbripg estate consists of about 3,000 acres. All the timber is in the 
 park, and at the back of the hall. 
 
 By the Jury. So that, if all the trees had been cut down, Fellbrigg would have 
 been left a barren spot near the seashore. I think ifr. Windham ia very incom- 
 petent to manage a property. 
 
 SERGEANT OLIVEE OF A DIVISION, METROPOLITAN POLICE. 
 
 bergeant Oliver of the A division said, I have known Mr. Windham for about eight- 
 een months, and have frequently seen him in night-houses in the Haymarket 
 and its neighbourhood. He was generally in the company of prostitutes, screeching,, 
 shouting, and making merriment for the bystanders. He used to address me 
 as "old fellow," and once seriously invited me to a champagne dinner. He 
 told me that when he came of age he would give a grand treat to the police. He 
 always appeared very excitable, and I treated him as I would a schoolboy. At the 
 volunteer dinner at Wimbledon in July last Mr. Windham got on the top of a post 
 near the principal entrance, and shouted and swore, and uttered other kinds of 
 offensive language while ladies were passing in their carriages. I remonstrated with 
 him, and persuaded him to go away. On one occasion, about ten o'clock at night, 
 while a section of police were crossing Jermyn-street, Mr. Windham drove HP in a 
 phaeton in a furious manner, and the men were obliged to scatter themselves as 
 
 quickly as possible. He cried, " your eyes ; get out of the way, or I will 
 
 run over you," and kept straight on. I saw him alight in Duke-street, but tipon 
 being asked for an explanation of his conduct he merely eaid, " Oh, it's all right, 
 old fellow ; it's only me." (A laugh.) He appeared much excited, and I took no 
 further notice of him, because I considered him a person of unsound mind and 
 treated him as such. One morning at three o'clock, about twelve months ago, I met 
 him in the Haymarket. He was crying like a child and slavering at the month. 
 Some girls were following him, and I took him down a by-street, and wiped his 
 eyes, cheeks, and mouth, which were all in a slobbering state. All he said was, 
 " My girl has run away from me," or something to that eifect. I did not think 
 him capable of managing himself or his affairs. 
 
 In cross-examination Sergeant Oliver said, to the best of my recollection I first 
 met Mr. Windham in the summer of 1860. At that time I used to see him three or 
 four times a week in the Haymarket night-houses. His practice was the same 
 during the first half of the present year. It was probably the race time when Mr. 
 Windham drove through the police in a phaeton. 
 
 Ke-examined by Mr. Chambers. Mr. Windham did not act like other young men 
 in the Haymarket. He yelled and shouted, cried like a cat, howled like a. dog, and 
 made himself a perfect buffoon. The women ridiculed him more than others. 
 
 By the Jury. If I had heard that Mr. Windham had committed a murder, or 
 something of that kind, I should not have been surprised, because I have always 
 looked upon him as a person of unsound mind, and one who could not be held 
 responsible for his acts. 
 
 The inquiry was again adjourned. 
 
 NINTH DAY SATUKUAY, DEC. 29. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milwai-d 
 for Mr. William Frederick Windham j and Mr. Coleridge, Q.'C., for Mrs. Windham,
 
 53 
 
 Tlie Master, on taking his seat on the bench, said that to write private Totters to 
 any one exercising judicial functions was most improper, almost amounting to a 
 misdemeanour. He trusted that he should not have occasion to refer to the subject 
 again. 
 
 Mr. W. F. Lawrence produced a timber contract, dated the 25th of October, 1861, 
 and purporting to be signed by Mr. Windham. 
 
 Mr. Chambers asked his learned friends on the other side to acknowledge the 
 genuineness of the signature, but they refused to do so, whereupon 
 
 Mr. Hansell, solicitor in Norwich, was called upon, and proved the handwriting of 
 Mr. Windham. 
 
 The clerk then read the contract as follows : 
 
 "October 25, 1861. 
 
 " William Frederick Windham, Esq., of Fellbriarg-hall, Norfolk, agrees for himself, 
 liis heirs, successors, and assigns, to sell to William Francis Lawrence and Walter 
 Joseph Fry, of 10, New Broad-street, London, the whole of the timber which maybe 
 cut on his Norfolk estates during the next four years to the extent of not less than 
 5,000 per annum, and on the following conditions : The oak timber trees to be 
 paid for at the rate of 12d. per cubic foot, string measure, for all above 13 inches 
 square, and Sel. per cubic foot for all oak timber trees that may be under 13 inches 
 square, and for all other kinds of timber trees about 14 inches square at 6d. per 
 cubic foot. The trees to be taken by the buyers as they now are and stand, 'the lop 
 and top branches and bark to be the property of the buyers in consideration of their 
 paying all expenses for felling, &c. . . . The measurement for the girth to be 
 "taken (clear of the bark) at two-thirds from the butt-end of the tree, and for the 
 length, by two parties to be appointed, who are to choose an umpire before they 
 be?in to work, to decide in case of dispute. Mr. Windham agrees to give free ingress 
 and egress to the buyers, their men, horses, &c., for the above purposes, and to let 
 them a piece of laud of four or five acres at the rate of 1 per acre. This contract 
 only to be binding on the payment of 1,000 into the hands of Mr. Windham, and 
 the remainder in monthly payments of 350 per month, commencing from January, 
 1862. Timber trees which may be required to be cut down, and which are under 
 10 inches square, to be agreed for afterwards, as the above contract does not con- 
 template any trees being cut down of small size unless absolutely necessary. 
 
 " W. F. WINDHAM. 
 " Witness to the signature of W. F. Windham, Esq. : 
 
 " AGNES WINDHAM." 
 
 MR. H. SANDFORD, LAND AGENT AT CROMER. 
 
 Mr. Henry Sandford. I am a land agent at Cromer. For the last ten years I 
 have been in the habit of valuing timber on the Fellbrigg estate. The proper value 
 or market price, per cubic foot, of oak timber trees, above thirteen inches square, 
 string measure, is about 3s. and not 12d. I will undertake to find a purchaser at 
 3s. It is not a fair and reasonable mode of measurement' for the girth to take it at 
 two-thirds of the length from the butt end of tho tree. That would give an advantage 
 to the buyer of about twenty- five per cent. The "lop and top," without the bark, 
 would pay the expense of felling, I believe that the effect of selling timber off the 
 Fellbrigg estate to the value of 5,000 per annum for four years would be to clear 
 the ground entirely, and leave the house bare. 
 
 Cross-examined by Sir H. Cairns. I have bought beech and fir felled on the 
 Fellbrigg estate, but not oak. The extent of my purchases of beech has nor, 
 exceeded 50 or 100 a year. I have bought fir to the value of 30 or 10 at a time. 
 During the last few years I have sold for the owner a great deal of timber off the 
 FeM>rigg estate. In 1860 I sold 250 loads of oak windfall timber for 5 a load. 
 In 18G1 I sold about 30 loads at the same price. That was clean timber, or trees 
 clear of the bark. There is a considerable number of beeches, chestnut, and firs ou 
 the estate. The beeches are principally in the ornamental part of the grounds. 
 During the last two years the market for all kinds of timber except oak has been 
 glutted in consequence of the great hurricane in 1858. The Fellbrigg beeches might 
 be sold at 6d. per foot, the purchaser to fell and take the faggot wood. I havo 
 known from 100 to 150 worth of beech sold off an estate similar to Fellbrigg ia 
 one year. That is the largest quantity I have known sold in twelve months. Some 
 of it was used for piles in constructing a breakwater. I have sold 100 worth of 
 beech per annum for five years off an estate belonging to Lord Sullield. The trees
 
 54 
 
 were selected with a view to thinning the timber, and not because they were the besfc 
 trees. I do not know what would be the expense of carting timber from Fellbrigg 
 to Norwich. I cannot say how many cubic feet there are of beech, of fir, or of oak on 
 the Fellbrigg estate. When I stated that oak could be sold at 3s. per foot, I meant 
 simply the market price of oak without any reference to any other stipulations of a 
 contract. I cannot say what would be a fair or reasonable price per foot for all the 
 fellable timber of every kind on the Fellbrigg estate. Some of the beeches in the 
 park at Fellbrigg are over ripe, and are more valuable as ornaments than as timber. 
 I have not been in the habit of selling timber to Government and I am not acquainted 
 mth the terms of Government contracts. I usually sell to middlemen, and the 
 Government contractors come and select what they want. The largest quantity of 
 timber I ever sold was off the Hanworth estate, one of the Windham settled 
 estates. It was all oak timber, and was sold for 5,000. The sale was made about 
 five years ago, when the price was about the same as at present. 
 
 Ee-examined by Mr. Chambers. If that part of the contract which stipulates 
 that for four years, to the extent of not less than 5,000 per annum, timber may be 
 cut down, were carried out, all the beech trees on the Fellbrigg estate would be 
 levelled. The larger portion of the beeches are ornamental timber, and the effect 
 of felling them would be to destroy the beauty of the estate entirely. About half of 
 the chestnuts are ornamental. There are only a few sycamores, but they are orna- 
 mental 'where they stand iu the open. I believe, however, that the larger proportion 
 are in the wood. I have never known so large a contract as 5,000 pe. annum for 
 four years being made in Norfolk. It is not judicious to make an agreement on the 
 basis of prices during a temporary glut of the market. I believe there will be a better 
 market in 1862 for beeches, chestnuts, and other kinds of timber. 
 
 By the Jury. I am satisfied that the " lop and top," without the bark, woul d pay 
 the expense of felling. There is a large number of young trees on the Fellbrigg 
 estate. They ought to stand fifty years longer before being cut down. I do not 
 think the Fellbrigg estate requires a large clearing out of its timber. If the contract 
 signed by Mr. Windham were carried out, there would be very little timber left for 
 the ordinary estate. 
 
 By the Master. Fellbrigg-hall is a large house, and the trees around it are 
 picturesquely dispersed. The park is about 700 or 800 acres in extent ; it is 
 partially grazed. There are no deer. The pasture of the park is let with the arable 
 land. The ornamental timber stands in that portion of the park which is nearest 
 the mansion-house. 
 
 SEKGBANT KAY, C DIVISION, METROPOLITAN POLICE. 
 
 Sergeant Kay, of the C division, said he had known Mr. Windham for twelve or 
 eighteen months, and had often met him about the Haymarket and its neighbour- 
 hood. On those occasions Mr. Windham was in the habit of catching him by the 
 arm, addressing him as "old fellow," laughing, and throwing himself into a fighting 
 attitude. He was always very noisy, and indulged in strange bursts of laughter 
 without any apparent cause. Sometimes he would seize hold of persons in the 
 streets, and order witness to take them in charge. Witness would say, " Oh, non- 
 sense," and Mr. Windham would then burst into a foolish laugh. The men whom 
 he would thus attack knew him pretty well, and seldom took any notice of him. 
 On the 13th of October witness met Mr. Windham in the Haymarket between twelve 
 and two in the morning. Mr. Windham said, " Well, old Kay, I would treat you, 
 but I have no money." He then put his hand into his pocket, and took out what ' 
 witness thought was a 10 note, and immediately broke into one of his unmeaning 
 laughs. He attracted the attention of the people in the street, and witness, advising 
 him to take better care of his money, at length induced him to go home. On another 
 occasion last summer, while visiting one of the flash-houses in Panton- street, witness 
 found Mr. Windham talking with the landlady at the bar. He pointed his finger at 
 witness and cried "Here are the Bobbies;" and when witness turned to leave the 
 house Mr. Windham struck him violently with a whip or stick on the back. Witness 
 shook his head at him, but he merely laughed at him in his usual way. The reason 
 why witness did not take him into custody was that he did not think he was right 
 in his head. None of the police ever took any notice of him. 
 
 Cross-examined by Mr. Karslake. It was between twelve and three in the morn- 
 ing when witness saw Mr. Windham in the house in Paston-street. Witness did 
 not know whether he had dined, but he never saw him the worse for driuk. When
 
 59 
 
 married next week." He blew the whistle for the train to start. At Ely, where th 
 train stopped for twenty minutes, I saw him in the parcel van ; he was sorting the 
 parcels for Ely and Peterborough, and delivering them to the porters on the platform. 
 When it was time for the train to start he called upon the passengers to take their 
 seats. He did the same thing at every station down the line. Nobody interfered 
 with him. At Norwich I said to him, " Windham, are you going 011 to Yarmouth ?" 
 He replied, " No, I must turn in for an hour or two, as I have to work the Parly 
 train up at six in the morning" meaning the Parliamentary train. In April or 
 May, 1860, he called at my office at Yarmouth to make an affidavit relative to some 
 Chancery proceedings. I lost sight of him for a day or two, and when I saw him 
 again he told me that he had been driving the trains from Lowestoft to Beccles, a 
 distance of ten miles. He was in a very excited state and blubbering like a child. 
 Mr. Horrocks, his tutor, had come down for him, and I advised him to accompany 
 ' that gentleman to London to see his guardians. They went off the following 
 morning. Prom what I have seen of Mr, Windham I believe him to be excessively 
 weak in his mind. His conversation is incoherent, and I do not think he is at all 
 capable of managing himself or his affairs. 
 
 Cross-examined by Mr. Karslake. Mr. Windham swore an {affidavit before mv 
 partner, not in my presence, but with my knowledge. I saw the draught of the 
 affidavit. It was copied in my office. That is the only business transaction I ever 
 tad with him. I saw him before the Vice-Chancellor on the business to which the 
 affidavit related. It was a private hearing I did not hear Mr. Windham tell the 
 Vice-Chancellor that Mr. Horrocks had knocked him down and ill treated him, nor 
 did I hear M r. Horrocks say that he had no answer to make to the charge. I heai-d 
 all that passed, but I do not receollect what was said. I did hear Mr. Horrocks 
 remark that he had nothing to say, bat that was in answer to a question from the 
 Vice-chancellor, whether he was willing to remain as tutor with Mr. Windham. 
 When Mr. Windham came to me to make an affidavit he had been at Yarmouth for 
 a month, and I had seen him walking about in a militia uniform. I cannot say 
 whether he was doing duty as a militia officer. Before I saw him crying in the 
 way I have described Mr. Horrocks had had an interview with him, but I do not 
 know what passed between them. The only occasion on which I have spoken to 
 him since was the time when he acted as a guard on the railway. There was a 
 regular guard with the train. When Mr. Windham came to my office I consulted 
 with my partner, and we considered that the responsibility of the affidavit would 
 rest with the solicitor who might use it in the suit and not with ourselves. I 
 once met Mr. Windham at a private musical party. He stood on the stairs the 
 whole evening, making very absurd noises, and conducting himself altogether in a 
 very strange way. I never suggested that the affidavit prepared in my office should 
 not be used, but my impression is that it was not used. Mr. Windham brought me 
 the heads of it in a letter from his mother. 
 
 By Mr. Coleridge. I was before the Vice- Chancellor from the beginning to the 
 end of the hearing. Lady Sophia did not produce any letters. I saw no letters 
 delivered to the Vice-Chancellor at all. 
 
 Ee-examined by Mr. Chambers. I saw Mr. Windham at a public ball in Yar- 
 mouth. He was very noisy in the room, rushed about in a strange way, and burst 
 out laughing apparently without any cause. lie attracted the attention of every- 
 body present. His laugh was not like that of a reasonable being. He appeared to 
 be unable to control it. 
 
 By the Master When I saw him crying I asked him the reason, but he gave mo 
 no answer. The draught of the affidavit was read to him. He made no remark 
 upon it. When before the Vice-Chancellor he was very quiet. 
 
 By the Jury. I told the porters at Ely that it was disgraceful to allow Mr. Wind- 
 ham to act as a guard. That was the whole extent of my interference. 
 
 CHARLES BROWN, A DIVISION, METROPOLITAN POLICE. 
 
 Charles Brown, 304, A division of the Metropolitan Police, said, I know Mr. 
 Windham, and haye often met him in the Haymarket and its vicinity. His conduct 
 was always that of a man of weak intellect or unsound mind. He used to shout in 
 the streets, and once or twice he wanted to lock np women without reason. 
 He said there were too many women about the Haymarket, and he would not stand 
 it any longer. 
 
 Cross -examined by Sir H. Cairns. There is more shouting about the Haymarket
 
 CO 
 
 thap in any other part of London. I first met Mr. Yv'indham at Epsom races ; but 
 there was nothing peculiar in his conduct there. 
 
 Ee-examined by Mr. Chambers. Mr. Windham was always different from the 
 other young men in the Haymarket. He would laugh without cause, and his laugh 
 was not like that of a sensible man. 
 
 By the Jury. The women whom he wanted to lock up would say to him, " Go 
 away, you fool ; you are not right in your head." 
 
 [Before the next witness was called a brief discussion took place upon a technical 
 point of no public importance. In the course of it Mr. Chambers remarked that his 
 learned friends on the other side had done everything they could do to prolong 
 the inquirj'. Sir Hugh Cairns, with some warmth, denied the statement, and Mr. 
 Chambers was about to retort, when the Master interposed, and, after remindijsg 
 counsel that they were gentlemen of great eminence engaged in a difficult, delicate, 
 and painful inquiry, and acting under the eye of the public, begged that they would 
 carefully avoid anything like an ebullition of feeling. The upshot was that Mr. 
 Chambers withdrew his statement, Sir Hugh Cairns expressed himself perfectly 
 satisfied, and the business proceeded.] 
 
 MR. HANSELL, SOLICITOR FOE THE PETITIONERS. 
 
 Mr. Hansell. I am solicitor for the petitioners, and since January, 1859, have 
 acted as receiver of the Windham estates under Captain Henry Windham. The 
 total rental of the Fellbrigg estate is 3,187, but that is subject to a charge of 
 1,500 a year, payable to Ladv Sophia. There are other deductions, such as rates 
 taxes, and repairs, amounting on the whole to about 400 a year. The net rental, 
 therefore, is between 1,000 and 1,200. If Mr. Windham w'ere to let the hall and, 
 shooting, he would get about 300 a year more. But there are other estates 
 which will not fall into his possession until October, 1869, they having been devised 
 by the late Mr. Windham to pay off mortgages amounting to 160,000. An estate 
 near Sudbury has been sold for 65,000, to assisb in paying off the encumbrances. 
 In 1869 the gross rental of the devised estates will be 9,250 per annum, and the 
 net rental 7,250. I calculate that in 1869 mortgages will remain to the amount 
 about 60,000. The annual interest will be 3,000, leaving a net available income 
 from the devised estates of about 4,000. I went to Fellbrigg-hall on the 8th of 
 August with Mr. Windham and Mr. Jackson, the gentleman appointed by the Vice- 
 Chancellor to act as solicitor for Mr. Windham. General Windham, who was 
 living in the neighbourhood at the time, dined with us the same evening. He 
 returned home after dinner, but came back to the hall next morning, which was the 
 morning before Mr. Windham came of age. I remember a proposal being made 
 that morning to Mr. Windham, on the part of General Windham, by Mr. Jackson. 
 We were all in the library Mr. Windham, General Wiudham, Captain Henry 
 Windham, Mr. Jackson, and myself. Mr. Jackson said that in consequence of the 
 small amount of the income from theFellbrigg estate Mr. Windham couldnot live there. 
 He therefore proposed, provided all parties intei'ested would agree, that an appli- 
 cation should be made to the Court of Chancery, either under the Settled 
 Estates Act, the Enclosure Act, or a special Act of Parliament, for an order 
 to the effect that Fellbrigg hall, the books, furniture, plate, and ornamental 
 timber should be valued and put into the same trusts as the devised estates ; that 
 land, part of the devised estates, should be taken out of the trusts and become the 
 property of Mr. Windham as tenant in tail the same tenure as that by which he 
 now holds the hall ; and that a lease of Fellbrigg-hall and park should be granted 
 to Mr. Windham at a nominal rent to the llth of October, 1869. General Wind- 
 ham said, "Anything you propose, Mr. Jackson, for the benefit of my nephew and 
 the estates I will agree to. I am willing to make any sacrifice myself." Mr. 
 Windham did not seem to comprehend the proposal at all, and therefore Mr. 
 Jackson said, " Leave him to me," or something to that effect. We then left the 
 library. Later in the day I saw Mr. Windham with Mr. Jackson, who, in his 
 presence, said to me, " I can't make anything of him." We told him that under the 
 proposed arrangement his income would be much increased. He made no answer 
 except, " I can't cut down my trees." Mr. Jackson then said, " Yes, you can, but 
 not ornamental timber." Mr. Windham has only a life interest in the devised 
 estates. His children, if any, woiild succeed, but in the event of his dying with- 
 out issue General Windham would come into possession. - As to the Fellbrigg; 
 estate if Mr. Windham should not bar the entail and should died before 1869, ifc
 
 61 
 
 would become part of the devised estates, and subject to the same trusts. Under 
 the proposal made by Mr. Jackson, should Mr. Windham bar the entail of the land 
 given to him, the effect on General Windham \vould be to reduce his ultimate in- 
 come in the same proportion as that of Mr. Windham would be raised viz., to the 
 extent of about 600 per annnm. There would also be a less rental applicable to 
 the payment of the debts on the estate. 
 
 Cross-examined by Mr. Karslake. On the day he came of age Mr. Windham 
 could bar the entail of the Fellbrigg estate. The proposal made to him by Mr. 
 Jackson would have deprived him of that power. He was to become tenant for 
 life of Fellbrigg, the ancestral seat, and impeachable for waste. For every piece of 
 property about the hall, including furniture and plate, he was to get land out of 
 the devised estates, and the value was roughly estimated at between 80,000 and 
 90,000. Under the proposed arrangement, while Mr. Windham would have be- 
 come only tenant for life of Fellbrigg, General Windham would have obtained pos- 
 session of it for a certainty upon the death of his nephew. I went, to Fellbrigg- 
 hall at the request of Mr. Windham, who called at my office and told me that he 
 intended to take the advice of the Vice-Chancellor and his uncle, that he had 
 appointed Mr. Jackson his solicitor, and that that gentleman was going to take 
 the management of everything. I believe that Mr. Jackson was recommended by 
 Gener il Windham and Mr. Hook, but I do not know it for a certainty. General 
 Windham told me that he introduced his nephew to Mr. Jackson himself. Mr. 
 Windham drove Mr. Jackson and me over to the hall. At dinner we had, besides 
 the General, Mr. Rothschild, Captain Windham, and Mr. Bragg. When the pro- 
 posal was made no accurate estimate had been taken of the value of Fellbrigg as 
 compared with the land to be given to Mr. Windham out of the devised 
 estates. On the day Mr. Windham came of age I, as receiver, had 800 in 
 Land. That sum has not been paid to him ; in fact, he has never had a penny from 
 me. However, he has received money under the timber contract, and lie has anti- 
 cipated his rents. The mortgages on the deviser] estates were accumulated 
 by the late Mr. Windham. On the full sum of 160,000, the interest was 5,495, 
 and the gross rental of the devised estates was 11,758. A small portion of the 
 debt was paid off before the sale of the Sudbury estate. The excess of 
 rental over interest at present is 0,263, and I calculate that, after allowing 
 for repairs and other expenses, we can save about -1,000 a-year. Certain sums 
 arising from accumulations have been paid into court. I believe the 65,000 ob- 
 tained for the Sudbury estate has also been paid into court. In 1859 the total 
 receipts, including some arrears, from the devised estates were 12,474 7s. Id., and 
 the total outgoings, including interest and repairs, 8,041 9s. 4d., leaving a balance 
 of 4,432 17s. 9d. The balance in I860 was 1,534 19s. 6d., and I have every 
 reason to believe that in the current year the excess of rental over expenditure will 
 be about the same. I am just having the farms on the devised estates valued. I do 
 not think they will let for higher rents than at present. General Windham was 
 down in September. I do not know that he hsis apiece of property someh ow o'r 
 other mixed up with the Fellbrigg estate. He did not tell me that he had been afc 
 Fellbrigg-hall, trying to negotiate the sale of that piece of property to his nephew. 
 He said he had been at Fellbrigg-hall, but he did not inform me for what purpose. 
 
 Re-examined by Mr. Chambers. The reason why I did not pay to Mr. Windham 
 the 800 which I had in hand when he came of age was, because an order had been 
 served upon me for the payment of certain sums due to other persons. 
 
 By the Jury. I was certain when Mr. Jackson explained the proposal in the 
 library that Mr. Windham could never be made to understand it. At the same time, 
 if he had understood it and agreed to it, I should have accepted it as binding. It 
 would not have been right to make such a proposal to him if he had been quite 
 alone, without a solicitor or a friend to advise him ; for, as I have said, he could 
 not have been made to comprehend ib. He is not capable of managing a property. 
 
 Mr. Bowen May, solicitor, produced a marriage settlement, dated the 29th of 
 August, 1861, and" signed by Mr. Wiudham. It was not read. 
 
 MR. NURTON, PRINTER, PADDINGTON. 
 
 Mr. Nurton, a printer in Paddington, proved the printing of 5,000 copies of a 
 handbill signed by Mr. Windham, and calling upon " the people of Great Britain" 
 to come forward and defeat the conspiracy to defraud him of his property. The 
 order was given by Roberts at his house in Piccadilly, but I saw Mr. Windham, who
 
 said he intended to have the placards exhibited a!l over London. The printing 
 expenses have not been paid. 
 
 Cross-examined by Sir H. Cairns The mannscript was returned to Eoberts. It 
 might have been in his handwriting. I have known Eoberts for about 10 years. 
 
 MR. DOKE, HE. EMMANUEL, THE JEWELLER'S, SALESMAN. 
 
 Henry Dore, salesman to Mr. Emmanuel, a jeweller in Brook-street, said that 
 Mr. Windham first came to that establishment on the 29th of June last, accompanied 
 by Agnes Willoughby. He repeated his visit on several subsequent occasions, 
 buying jewellery to the amount on the whole of 13,785. Between the 13th and the 
 25th of August his purchases amounted to 4,163 18s. 6d. The account for the 
 period between the llth and the 18th of October was 5,419 16s. Id. Witness pro- 
 duced acceptances by Mr. Windham for 13,060 14s. 6d. Five were dated the llth 
 of October, and amounted to 6,500. Five were dated the 18th of October, and 
 amounted to 5,408. One of these for 1,500 has been dishonoured. Two -were 
 dated the 5th of November, and amounted to 752. 
 
 Cross-examined by Mr. Karslake. The dishonoured acceptance was due on the 
 21st inst. Mr. Windham and Agnes Willoughby generally called together. Most 
 of the purchases were presents to the lady. Mr. Windham always looked carefully 
 at the articles before he bought them, and frequently cavilled at the price. Some- 
 times he said he could not afford to buy an article pointed out to him by the lady. 
 Once he remarked that he wanted to lay out as little money as possible on mere 
 workmanship ; but precious stones, he said, were always valuable. I wanted him 
 to make the acceptances all for six months ; but he said he would prefer them 
 extended over a longer period, and so the business was arranged. On one occasion 
 Mr. Windham wrote from Fellbrigg-hall, requesting me to go down to look at a 
 musical box and a self-acting organ which had got out of order, and to bring some 
 jewels with me. I took 12,000 worth, and Mr. Windham bought diamond and 
 emerald ornaments to the value of 5,000. One of the articles was a diamond 
 bracelet worth 2,300. Mr. Windham gave up all the jewels to Mrs. Windham to 
 make up a quarrel which had taken place between them some time before. I had 
 provided myself with stamps for bills. Mr. Windham always seemed to understand 
 what he was doing in making his purchases. It never occurred to me that he was 
 a person of unsound mind. 
 
 Be-examine'l by Mr. Chambers. The only eccentricity I ever noticed about Mr. 
 Windham was a slight boisterousness. When he came to Brook-street he was 
 generally accompanied by A^nes Willonghby, but he sometimes called alone. 
 
 By -the Jury. The purchases made by Mr. Windham before he came of age on 
 the 9th August did not exceed 211. When he paid his first visit to Brook-street 
 there was a gentleman, a private friend of Mr. Emmanuel, in the shop at the time, 
 and he told us who Mr. Windham was, and assured us that we might trust him to the 
 extent of 100 or 200. We should not, of course, have given to a minor so large a 
 credit as we gave to Mr. Windham after he came of age. He frequently refused to buy 
 articles which Willoughby expressed a desire to have, on the ground that they were 
 too expensive. Mi. Emmanuel pays his salesmen fixed salaries, and gives no com- 
 mission on account of their sales. Mr. Windham would not have got credit to any 
 amount ; he had reached his limit. Of course, I pressed him to buy, but not 
 more than is usual. Mr. Emmanuel has not yet received a single farthing from 
 him. It is not uncommon for gentlemen to sign bills before the accounts have 
 been made out and rendered, provided they know the amount due. 
 
 By the Master. Mr. Windham has not applied for any jewellery since the final 
 quarrel with his wife. I knew Miss Willoughby before she came to Brook-street 
 with Mr. Windham. She had previously visited our establishment with another 
 gentleman, who purchased jewellery for her. I always thought that Mr. Windham 
 and Miss Willoughby seemed to be very fond of each other. When Mr. Windham 
 refused to purchase he said, " I can't afford to be ruined for anybody." 
 
 DR. ILLINGWORTH, ARLINGTON- STREET. 
 
 Dr. Illingworth, of Arlington- street, proved that at the time of his marriage Mr. 
 Windham was suffering from a loathsome disease, and knew, or, at least had been 
 told, that he was not in a fit state to marry. Witness added, I have been present in 
 court during the whole of this inquiry as far as it had yet gone, and the conclusion
 
 63 
 
 I have come io is that Mr. Windham is not a confirmed idiot, but a person of weak 
 mind, incapable of managing himself or his affairs. 
 
 Cross-examined by Sir H. Cairns. I believe substantially the whole of what Mr. 
 and Mrs. Lewellin have said, and it is upon their evidence, among the rest, that I 
 have formed an opinion of Mr. Windham. That opinion is also formed partly upon 
 his appearance in courf. 
 
 By Mr. Coleridge. I believe that the imbecility of Mr. Windham is not congeni- 
 tal. 
 
 Re-examined by Mr. Chambers. If I had not seen Mr. Windham in court, my 
 opinion of his imbecility would not have been so strong as it is. No eye, 1 think, 
 could fail to be attracted by the vacant, senseless, unmeaning expression of his face, 
 especially when seen in contrast with 500 others. 
 
 DR. JOHNSTONE, SAVILLE-ROW. 
 
 Mr. Johnstone, sunreon, Saville-row, corroborated the evidence of the last witness 
 as to the condition of Mr. Windham at the time of his marriage, and stated that, a 
 few days before that event took place, Agnes Willoughby called at his house and 
 h&d a conversation with him. 
 
 The witness was asked to state the substance of the conversation, but Mr. Cole- 
 ridge objected to the question on the ground that nothing which passed between 
 Mr. Johnstone and Agnes Willoughby when Mr. Windham was not present could 
 be evidence in this case. The objection was sustained, but Mr. Johnstone was per- 
 mitted to state, in reply to a question from the jury, that, although his conversation 
 with Willoughby was professional, it had no reference to that person herself. 
 
 The inquiry was again adjourned. 
 
 ELEVENTH DAY MONDAY, DEC. 31. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C. one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hngh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Millward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham.' 
 
 Dr. Buck, of Cromer, Norfolk, said I was sent for to see Mr. Windham at 
 Fellbrigg-hall on the 21st of September. Mr. Windham told me he was suffering 
 from sickness, headache, and a slight diarrhcea. I prescribed for him. lie followed 
 me into the hall and had some conversation with me. I called the following day, 
 and found Mr. and Mrs. Windham, Mr. Roberts, and two sisters of Mrs. Windham at 
 breakfast. Mr. Windham told me he was better, but that his throat was a little sore, 
 I asked him whether he could see me alone, but Mrs. Windham came up at that 
 moment and he made no reply. I examined his throat, it was slightly relaxed, but 
 there was nothing wrong with the palate. Mrs. Wiudham asked me to call again 
 next da,y. When I went next day I was shown into the billiard-room, and Mrs. 
 Windham came to me there. In consequence of what she said I left without seeing 
 Mr. Windham. I returned at four o'clock the same afternoon, and the servant on 
 opening the door, gave me a letter, which ran as follows : 
 
 " Fellbrigg, Sept. 26, 1861. 
 
 " Dear Sir, My wife prefers me having her medical man to attend me, and he 
 is now here. I am sorry for this, but she will have it. 
 
 "Yours truly, " W. F. WIXDHAM." 
 
 I wrote a note to Mr. Windham in answer. I believed that Mr. Windham was 
 deficient in his intellect, and was unable, without proper control, to take care of 
 himself or his affairs. 
 
 Cross-examined by Mr. Karslake. Never saw Mr. Windham transact any matter 
 of business. His imbecility was congenital. That opinion was formed from what I 
 had seen and heard of Mr. Windham. 
 
 DR. FORBES WINSLOW. 
 
 Dr. Forbes Winslow, examined by Mr. Chambers. I have given my attention for 
 many years past to mental diseases, and have had considerable experience in the 
 treatment of such cases. Under an order of the Lords Justices, Dr. Mayo and I 
 examined Mr. Windham in the presence of Dr. Bright on the llth and 14th of 
 December. Dr. Bright was appointed by the Lords Justices to attend and listen to
 
 C4 
 
 what might be said. Previously to my interview with Mr. Windham I had read 
 certain affidavits which had been filed in his case. I had done so in order that I 
 might be able, to the best of my judgment, to question him upon certain points. I 
 had not read any of the medical affidavits. The two interviews took place at my 
 house in Cavendish-square. Mr. Windham was brought there, according to appoint- 
 ment, by his solicitor. The first interview extended over more than two hours, and 
 the second lasted for nearly an hour. Both Dr. Mayo and I put questions to him 
 suggested by the affidavits. The. conversations were necessarily discursive in their 
 character, for Mr. Windham would jump from one subject to another, and we had 
 great difficulty in getting him to command his attention and concentrate his thoughts 
 upon any one particular point. All that I can do, therefore, is to give a general 
 account of what passed. I tried to take notes of the conversation, but Mr. Windham 
 was so discursive and erratic that I was obliged to abandon the attempt in despair. 
 I questioned him respecting the misconduct of his wife before marriage, and 
 referred to her alleged impurity. lie said he was fully aware that she had been 
 kept by several men, but he did not see why that should be an objection to his 
 marrying her, as other persons men of rank and distinction had done the same 
 thing with impunity. He mentioned only one name, but it was a distinguished one. 
 I referred to the state of his bodily health previously to his marriage, and said I was 
 informed that he was suffering at that time from an aggravated form of a particuar 
 disease. He said the character of the disease had been mistaken. A remark was 
 then made to the effect that he had communicated the disease to.his wife, where- 
 upon he referred in general terms to some compensation which he had awarded to 
 her. He said he had given her a large quantity of jewellery, and mentioned the 
 amount between 13,000 and l-i,000 and he said that was the compensation he 
 had given her for the injury he had done her. I remarked that it was an unusual 
 thing for a husband to compensate a wife for ill-treatment of such a description, 
 and I also observed that the amount was a very large one. He said he thought she 
 was entitled to it, and he had given it to her because he could afford it. I then 
 
 referred to the fact that a Mr. , with whom his wife had been living previously 
 
 to her marriage, slept in the same house with her the night before she was married. 
 He admitted that he knew that the gentleman in question had been living with Mrs. 
 Windham before her marriage, and that they had slept in the same house 
 on the eve of the marriage ; but he denied that they had slept together. I under- 
 stood from him that he did not sleep in the house himself, but he admitted having seen 
 the gentleman's boot's at his bedroom door. The house, he said, was in Wimpole- 
 street, and Mrs. Windham lived there. I endeavoured to impress upon his mind 
 the impropriety of such a proceeding as that to which I have alluded, and told him 
 
 that, seeing that Mr. had kept Mrs. Windham almost up to the period of her 
 
 marriage, the only reasonable supposition under the circumstances was that they 
 slept together the night before she was married. He replied that he did not be- 
 lieve it. I then referred to another person with whom it was alleged she had 
 cohabited after her marriage. He had himself, indeed, volunteered the statement 
 
 that his wife had, shortly after marriage, cohabited with Mr. No. 2, with 
 
 whom she had been living previously to her marriage, and he said that it was in 
 
 consequence of that act of adultery with Mr. No. 2 that he had determined to 
 
 commence proceedings for a divorce. I made a remark to the effect that, from my 
 knowledge of the proceedings in the Divorce Court, I entertained great doubts 
 whether 'such an application would be successful, he having married Mrs. Windham 
 with a full knowledge of her character and previous life. He did not see why that 
 should be any objection to his suit. I understood from him at the same time that 
 
 he had lived with his wife subsequently to her adultery with Mr. No. 2, and 
 
 therefore, as I told him, the offence had been condoned. He talked vary wildly 
 and discursively upon this matter, and impressed me with the conviction that he 
 had no idea of applying to the Divorce Court. I next questioned him on the subject 
 of his debts. He said he could not state the precise amount he owed. His debts, 
 however, certainly amounted to 20,000 ; but they might be much more. They had 
 been contracted, in the main, he said, by his wife. Fresh bills were coming in every 
 day, and he was in a state of such alarm that he was actually afraid to open his own 
 letters. I had heard about the sale of his timber and spoke to him on the subject. 
 I said I understood that he had sold a large quantity of timber on his estate. He 
 admitted the fact, stating that his income was small, and that he had sold the 
 timber as a means of increasing it. I asked him the price he had got. He replied,
 
 67 
 
 Is. per foot. I inquired whether that was the real value of the timber, and he said 
 it was. I told him that I understood the timber was worth about 2s. 6d. a foot. 
 That, he said, was a mistak6 ; Is. was its full value. He then observed, in reply to 
 a question, that it was not the most valuable portion of the timber which was to be 
 cut down. I told him I understood that if the large quantity of timber which he 
 had sold were cut down it would do serious injury to the estate, inasmuch as it would 
 throw the estate entirely open to the sea, the timber being upon belt land. He 
 replied that it was his wish to cat down only one tree in three. I asked to whom 
 he had sold the timber. He said, " To Messrs. Lawrence and- Fry." " Where did 
 the sale take place ?" "At Fellbrigg." " Where was the contract signed ?" "At 
 Fellbrigg." " Who was present ?" " No one but myself and the buyer." " Was 
 any one else in the house at the time?" "Mr. Roberts." "Are you satisfied in 
 your own mind that Messrs. Lawrence and Fry are the bonafide purchasers of the 
 timber, and not merely acting as agents for another party ?" " I am satisfied they 
 are the purchasers ; " find he assigned as a reason for so thinking that they had 
 given him a check for either 500 or 1,0001 forget which. He said that after 
 the contract waa signed they all dined together. I said, " Do you not 
 believe, Mr. Windham, that the party who really purchased the timber was Mr. 
 Roberts, and that Messrs. Lawrence and Fry were only acting as his agents ?" He 
 replied that he could not believe such a thing, as Messrs. Lawrence and Fry gave 
 him the money. I said, " But supposing it to be proved that you are under amistake, 
 and that the timber was really sold to Mr. Roberts, what would you say then ?" The 
 only answer I could get from him was, " I will wait till the matter comes before the 
 Court" referring, I presume, to the present inquiry. In reply to a question whether 
 his feeling for Roberts would be altered if it were proved in court that Roberts had 
 purchased the timber, he said, " I should consider him a scamp." A remark was 
 then made to the effect that such a disclosure should interfere with his friendship 
 for Roberts. He replied generally that he did not see that. He said he did not 
 know Roberts before his marriage. I asked him who Roberts was. He merely 
 replied that he had been staying with Roberts for some time, and that he looked 
 upon him as a friend ; and then he remarked that he had heard from Mr. Davis, 
 his solicitor, that Roberts was generally known by the name of " Bawdy-house Bob." 
 I inquired whether Roberts was tho owner of brothels. He said, " I am informed 
 that he is the owner of a number of brothels in Shepherd-street." I asked him 
 where he was then residing, and he replied " In Piccadilly, with Roberts." I in- 
 quired what he paid. He said he had apartments, for which he was paying 10 
 per week. I asked him whether, in addition, he paid any portion of the expenses of the 
 house. He said that he and Roberts paid the expenses between them ; but upon my in- 
 quiring what his share was, he said he caold not tell me. He presumed that 1 a day 
 would be a fair sum, but he had had no account rendered to him, nor had he made any 
 agreement with Roberts on the subject. He told me that on one occesion he had a 
 quarrel with Roberts about money matters, and that Roberts in a fit of anger had 
 declared that he had slept with Mrs. Windham previously to her marriage. I 
 expressed my surprise that, under these circumstances, he should continue to reside 
 with Roberts. The reply he 'made was, " Roberts is a very good fellow, and I can 
 see no reason why I should not consider him as my friend." I then referred to the 
 placard calling a monster meeting in Hyde Park, and said it was a singular thing 
 for him to do to issue such a document. He seemed to pooh-pooh the affair. I 
 said, " Are you not aware that your name is at the bottom of the placard ?" He 
 rt'i'.liod, " Yes ; but I do not consider myself answerable for it. It was brought to 
 me by Roberts, with my name attached to it." " Then you did not authorise your 
 name to be printed ?" " No." I then told him that a forgery had been committed 
 a very serious offence ; and I tried to impress him with a sense of the gravity of 
 the proceeding ; but he could not see it in that light. I asked him what he said when 
 theplacard wasshown to him. He replied, " I said, 'Oh, take care what you are about 
 take care what what you are about.' " During the interviews I observed no particular 
 excitement about him. When he told me that Roberts was a good fellow he giggled 
 and laughed, and when he referred to the sobriquet under which Roberts waa 
 generally known ho laughed loudly, as if he thought it a good joke. There was a 
 j>ecnliarity about his expression and his laugh. I attach no importance, however, to 
 his mode of laughing, though I thought it rather strange his laughing at all upon 
 the subject. His physiognomy impressed -me with the notion that he is a man 
 of very weak intellect. I must say, at the same time, that his physiognomy is 
 
 E 2
 
 not very strongly marked, nor is it calculated to attract notice unless yonr attention 
 has been specially called to it, and you examine him with the view of ascertaining 
 whether there are present any of the usual physical characteristics of imbecility. 
 But having your attention so directed, you cannot fail to observe physical signs 
 which are unmlstakeable. The opinion which I formed was that he is in a degree 
 of mental imbecility ; that he is a person of unsound mind, incapable of managing 
 himself or his affairs ; the degree of mental unsoundness which I attribute to 
 Mr. Windham is not inconsistent with ability to write letters, acquire a certain amount 
 of classical knowledge, or the ordinary rules of arithmetic, comprehend the value of 
 coins, settle small accounts, and make purchases to a limited extent. 
 
 [Mr. Chambers proposed, in conclusion, to ask the witness whether the evidence 
 he had heard in court strengthened or weakened the opinion he had formed as to 
 the state of mind of the alleged lunatic ; but Sir H. Cairns objected to the question, 
 on the ground that it involved the further question whether the evidence tendered, 
 for the petitioner was true or false, trustworthy or the reverse, which was a matter 
 for the jury to decide. A discussion of some length took place upon this point, but 
 the Master eventually ruled that the question could not be put, though he suggested 
 to Mr. Chambers that he might select some of the more prominent facts which had 
 been proved in evidence, and, putting them one by one to the witness, ask him 
 whether, supposing they were true, they would strengthen or confirm the opinion 
 he had already expressed. Mr. Chambers, however, stating that he intended to 
 rely, in his final address to the jury, not upon isolated acts or expressions on the 
 part of Mr. Windham, but upon his whole conduct and habits siace childhood, 
 declined to avail himself of the suggestion of the Master, and declared the examina- 
 tion of the witness concluded.] 
 
 Cross-examined by Sir H. Cairns. The first interview took place in the afternoon, 
 and lasted upwards of two hours. At its conclusion I asked Mr. Windham to write 
 a letter. He did so, and the letter is in the possession of Dr. Mayo, who will be 
 called as a witness. I was first consulted about this case at the end of the last or 
 the beginning of the present month. It was Mr. Nichols, of Norwich, the gentleman 
 who has been examined, who consulted me. I had seen General Windham before, 
 and I have had several interviews with him since, as well as with Dr. Neil. Dr. 
 Bright, Dr. Mayo, Mr. Windham, and myself sat round a table. I have 
 not a list of the affidavits which I read before the interview with Mr. Wiudham. I 
 got them from Mr. Field, the solicitor for the petitioners. I had the affidavits on 
 one side only, the side of the petitioners. When I said that I did not see the medical 
 affidavits, I meant the medical affidavits against the petition. I saw the greater 
 portion of those for the petition. I got the affidavits three or four days before the 
 first interview with Mr. Windham. I suggested that Dr. Mayo should be associated 
 with me. He also was furnished with the affidavits for the petitioners. We had a 
 short consultation before seeing Mr. Windham. I made a few notes of the conversa- 
 tions with Mr. Windham. Mr. Field suggested certain questions to be put to Mr. 
 Windham, and I had them copied out on a sheet of paper. Beyond those questions 
 and the affidavits I had no information supplied to me. I had seen General 
 Windham before the llth of December five or six times. None of those interviews 
 lasted more than an hour. I saw him twice at his house, and sometimes at my 
 own. I do not think I have had an interview with him which exceeded half- 
 an-hour in length. I am perfectly satisfied that the opportunities I had of conversing 
 with Mr. Windham were sufficient to enable me to form an opinion upon the 
 state of his mind. I came to a conclusion on the first interview, but I did not 
 express any opinion until after the second. My object in having a second interview was 
 to satisfy my mind on certain points. I wished to go over the ground again. There 
 were some points upon which I had not formed a conclusive opinion in the first 
 interview, and, therefore, I thought it desirable that I should see Mr. Windham 
 again. I refer particularly to his present mode of living. I do not recollect seeing 
 either Mr. Field or General Windham between the two interviews, or having any 
 communication with them. I do not believe that Mr. Windham is capable of 
 managing himself. I say so, because I do not think a man is capable who could 
 contract marriage while suffering from a foul disease, and when he knew the 
 paramour with whom his wife had been living slept in the same house with her the 
 night before the marriage ; who could act as Mr. Windham admitted he had done as 
 a railway-guard and engine-driver ; ari5 who could not form a right appreciation 
 of the position in which he had placed himself by contracting such a marriage,
 
 and by living in friendship with ' a man who had declared he had slept with 
 his wife previous to her marriage. The data on which I formed the opinion 
 that Mr Windham is not capable of managing his affairs are the way in which he 
 admitted he had, a short time after coming into possession of his property involved 
 himself in serious liabilities ; his quietly acquiescing in a course of proceeding which 
 if he had been able to reason out the consequence of his own actions, he must 
 have seen would ruin his property I mean the sale of his timber ; the fact of his 
 living with a person like Roberts, and his apparent indifference as to the amount 
 of expenditure he was incurring; the general remarks he made in answer to 
 questions relative to his affairs ; and the gift of 14,000 worth of jewellery to his 
 wife as a compensation for having infected her with a foul disease. I formed my 
 opinion upon the conversations I had with Mr. Windham and upon the information 
 given to me by Mr. Field and General Windham. I assumed that information to 
 be correct. I assumed, for instance, that under the contract Fellbrigg could and 
 would be denuded of timber, and that 14,000 worth of jewels had been given to 
 .Mrs. Windham by way of compensation for the injury I have mentioned. If a young 
 man, just come of age, were to ruin his property, by contracting gambling debts, I 
 should not conclude from that fact alone that he was legally incapacitated from 
 managing his affairs. The additional circumstance of a marriage with a woman 
 previously unchaste would not prove unsoundness of mind ; nor would a present 
 made to his wife of 6,000 worth of jewellery, supposing he were rich enough to 
 afford it, make him insane. Mr. Windham told me that a medical gentleman had 
 informed him that the disease he was labouring under at the time of his marriage 
 was not infectious ; but I was not aware that he had been assured he might marry 
 with safety. He did not tell me it had been arranged that after the marriage no 
 further intercourse was to take place between his wife and the gentleman who had 
 previously lived with her. Marriage with a woman of such a character is 
 not a proof of insanity ; but, in my opinion, it makes a material differ- 
 ence when the paramour lives with the woman up to the time of the marriage, 
 and actually sleeps in the same house with her the night before the marriage. 
 To marry under such circumstances is an act which no man would do unless 
 he were drunk, drugged, or insane. I did not know that the brother of the lady 
 was living in the house ; that the house belonged to him, and that it was engaged 
 
 for the wedding. Mr. Windham assured me he did not believe that Mr. , No. 1, 
 
 slept with his wife the night before her marriage. Amateur engine driving would 
 not, if it stood alone, be a proof of insanity ; but it is one of the elements of the case, 
 and we must take all in combination. I regard the driving of an engine by an 
 amateur, though he may be competent, as an act of folly. The driving of a private 
 four-in-hand or of a stage coach by an amateur is not an act of folly. The two 
 cases are different; in one the amateur endangers the lives of hundreds of UH- 
 conscious passengers, while in the other he is dealing with a few friends who have 
 placed themselves at his mercy by their own voluntary act. Another distinction is 
 that the driving of a railway train is a more difficult and critical performance than 
 the driving of a stage coach or a private carriage. When talking about the timber, 
 Mr. Windham did not say that it would have to be carried a long distance from 
 Fellbrigg to Norwich; but he did say something about a distance of 20 or 23 miles 
 from the railway, as connected with the carriage of timber. He did not tell me that 
 the ornamental timber was not to be felled, but he said the most valuable trees were 
 not to be cut. He did not tell me that Messrs. Lawrence and Fry were eminent in their 
 business, nor did he say that General Windham had been informed by Messrs. Law- 
 rence and Fry that they were the real purchasers of the timber, and not Mr. Roberts. 
 He himself introduced a conversation about a resettlement of the property, which 
 had been suggested by General Windham. He said his uncle had made a propo- 
 sition to him he did not say when or where to place his property in the hands of 
 trustees, to pay a nominal rent for Fellbrigg, and to reside there until he arrived at 
 a certain age. He did not mention any other particulars. He told me he had re- 
 fused the offer because he thought it was to benefit General Windham and his 
 children. He said his uncle cared nothing for him ; he only wanted to get his pro- 
 perty. I asked him about the Lewellins. He said they were excitable people, but 
 Mrs. Lewellin was very kind to him. He also said that Mr. Lewellinwas a passionate 
 man and swore at his wife. I did not endeavour to elicit some laughter from him 
 in order to judge of it. One of my instructions from Mr. Field was as follows: 
 " Mem. Wiudham'a fancy must be tickled to get him to laugh." I did not 
 
 i
 
 attempt to " tickle his fancy ;" he was treated with great respect all through. 
 I did not find when I introduced disagreeable subjects that Mr. Windham 
 was particularly anxious to change them. The interviews were undoubtedly 
 of a very trying character for Mr. Windham. He showed a very small 
 amount of intelligence, and he certainly did not go through the examination 
 very creditably. There was no particular excitement about him, nor was there 
 anything in his behaviour or language inconsistent with the character of 
 a gentleman. His remarks were very childish. I asked him whether he himself 
 had not been intimate with his wife before marriage. He said he had not. Then I 
 asked him, " Have^ou not said so to others r" He denied that he had made any 
 remark of the kind. Afterwards I repeated the question pointedly to him, when he 
 admitted having said that he had had all he wanted out of his wife ; " but," he 
 added, " I said so by way of a blind, not wishing other parties to know what I was 
 
 going to do." I learnt the fact of Mr. , No. 1, having slept in the same house 
 
 with Mrs. Windham the night before her marriage, from Mr. Field. I did not ask 
 Mr. Windham for any details of his debts. He seemed* to be aware that he was 
 responsible for his wife's debts, and he told me he had advertised in the papers that 
 after a certain time he would not be answerable for any obligations she might incur. 
 He was asked whether his feelings of friendship for Roberts would be altered if it 
 were proved that Roberts, and not Messrs. Lawrence and Fry, was the real pur- 
 chaser of the timber. His reply was that he did not see why that should interfere 
 with his friendship with Roberts. I attached great importance to that answer. 
 [Here the witness, at the request of Sir Hugh Cairns, referred to the notes he had 
 taken on the spot ; they did not contain any allusion to the answer attributed to Mr. 
 Windham about Roberts.] I think Dr. Mayo asked Mr. Windham whether Roberts 
 was not called " Mahogany Roberts." I do not recollect the answer. I am quite posi- 
 tive it was not I who referred to the nickname of " Mahogany." 1 was 
 not aware at the time that Roberts was known by that sobriquet. [The 
 witness was told by Sir Hugh Cairns to look at the paper of instruction 
 furnished to him by Mr. Field previous to his interview with Mr. Wind- 
 ham. He did so, and found that one of the instructions related to 
 " Mahogany Roberts."] I communicated the result of my examination of Mr. 
 Windham to the advisers of the petitioners before the case was opened by Mr. 
 Chambers. I do not think that a casual observer, judging merely from his appear- 
 ance, would come to the conclusion that Mr. Windham has an unsound mind. 
 Such a person as I have described Mr. Windham to be, may be capable of writing 
 a rational letter, and making bargains to a certain extent. Some lunatics, inmates 
 of a public establishment, are permitted to go abroad for the purpose of making 
 small purchases. I cannot tell yon where sanity ends and insanity begins. It is 
 impossible to trace the line of demarcation. Judging alone from what I saw of Mr. 
 Windham in the two interviews I had with him, supposing I had met him with my 
 mind a tabula rasa, I should have been loth to form the opinion which 1 have 
 expressed to-day with respect to his imbecility. But the truth is, that indepen- 
 dently of the data supplied to me by Mr. Field, and of certain circumstances which 
 I assumed to be true, I had no means of testing Mr. Windham so as to arrive at any 
 conclusion on the subject of his mental condition. I repeat that the opinion which 
 I have stated is partly founded upon the assumption that certain actions which I 
 have heard attributed to him, and which formed the principal topic of conversation, 
 were really committed by Mr. Windham. 
 
 The cross-examination of the witness was not concluded when tho Court ad- 
 journed. 
 
 TWELFTH DAY WEDNSEDAY, JAN. 1. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the peti- 
 tioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of the 
 alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for 
 Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 The Master remarked that on Tuesday a question was raised whether a skilled 
 witness, such as Dr. Forbes Winslow, V/HB entitled to express an opinion founded 
 upon the evidence taken in court. He had ventured to decide that question in the
 
 71 
 
 negative, and he would now take the liberty to read, as the matter was one of con- 
 siderable importance, a terse and cogent statement of the rule of law upon which he 
 intended to act. In the case of Lieutenant Pate, tried some years ago before Baron 
 
 Alderson, Dr. , one of the medical witnesses, made the following statement : 
 
 " From all I have heard to-day and from my personal observation I am satisfied that 
 the prisoner is of unsound mind." Thereupon Baron Alderson made the following 
 
 observations : " Be so good, Dr. , as not to take upon yourself the functions 
 
 both of judge and jury. If you can give us the results of your scientific knowledge 
 upon this point we shall be glad to hear it, but while I am sitting on this bench I 
 will not permit any medical witness to usurp the functions of both the judge and 
 jury." 
 
 DK. POR15ES WINSLOW CONTINUED. 
 
 Dr. Forbes Winslow, cross-examined by Mr. Coleridge I had not seen Mr. Wind- 
 ham before my interviews with him under the order of the Lords Justices. I con- 
 sider his a very remarkable case, and in some of its features it may be unusual. 
 I have had very large experience of such cases for the last twenty years I have 
 confined my attention to them. I have seldom less than from seventy to eighty 
 persons in various stages of lunacy under my care. I class the case of Mr. Windham 
 as a case of imbecility. In medical language it would be called a case of amentia, 
 as distinguished from dementia. 1 have constantly applications to examine persons 
 under the Lunacy Acts, and I am in the habit of giving certificates. They are 
 occasionally persons whom I have never seen before they are brought to me for the 
 purpose of examination. If I am satisfied that they are of unsound mind I give a 
 certificate to that effect. 
 
 Re-examined by Mr. Chambers. I have seen vast numbers of cases of amentia. 
 Ainentia is not downright idiocy, but something between idiocy and lunacy. If I 
 were called upon to give a certificate in the case of Mr. Windham, with a view to his 
 confinement in a lunatic asylum, judging merely from what I have seen of him, I 
 should hesitate to do so. In my opinion, however, his case is one which requires 
 control, though I would not consign him to an asylum. It is an unusual case in 
 some of its features. Mr. Windham might be able to conduct himself with propriety 
 if he had some person to take care of him. I have had several similar cases under 
 uiy supervision. In my interviews with Mr. Wiudham I noticed some things which 
 led me to the conclusion that he is a person of unsound mind. I refer, among other 
 things, to his insensibility to the impropriety of living with a person like Roberts. 
 In many cases of insanity we have what is called a paralysis of the moral sense an 
 insensibility to decency and propriety. From what I saw of Mr. Windham it struck 
 me that he was not in a state of mind to realise his moral obligations. He had no 
 apparent sense of shame. I could not get him to understand that it was an act of 
 indecency in him to marry a woman who had been living with a paramour up to the 
 night before her marriage. 
 
 By the Master. Insanity is a disease very difficult to define. No definition can 
 be framed that will be philosophically accurate ; in other words, that will be neg- 
 atively and positively correct, embracing within its scope all who are insane, and 
 excluding all who are not insane. Mental unsoundness may be appreciated ; it is 
 eusily recognized ; but it cannot be defined. I cannot better describe my idea of 
 the legal term " unsoundness of mind" than by repeating the words uttered by 
 Lord Eldon in the case of the Earl of Portsmouth viz., " a condition or state of in- 
 tellect between actual lunacy and idiocy, or such a degree of mental deficiency as 
 would incapacitate a person for the management of himself and his affairs." If I 
 were asked to test the sanity of a man, I am satisfied I should be able to arrive nt a 
 safe conclusion if I wore to place before the alleged lunatic a series of designedly 
 llctitious facts, asking him how he would conduct himself, supposing those facts were 
 true. If I found that, under certain given conditions, whether those conditions were 
 hypothetical or not, he would comport himself in a manner inconsistent with sanity and 
 rationality, I should consider the conclusion that he was of unsound mind a perfectly 
 legitimate one. The cunning of the insane is proverbial. I may mention the case 
 in which the late Lord Erskine was engaged during an entire day in examining an 
 alleged lunatic without being able, with all his wonderful skill and sagacity, to 
 detect the elements of his insanity. It was only when Dr. Sims, coming acci- 
 dentally into court, suggested to Lord Jlrskine to question the alleged lunatic 
 relative to a delusion under which he laboured that he was Jesus Christ that he
 
 72 
 
 succeeded in establishing the fact of insanity. In my judgment the question 1 e'ore- 
 the Court is one of evidence and of degree. Every case like the present speaks for 
 itself, and laymen, men of the world, are quite as competent as professional wit- 
 nesses to come to a right conclusion, provided they have all the facts before them. 
 In cases of amentia among which I class the case of Mr. Windham- one should, 
 pay more attention to the actions and conduct of the alleged lunatic than to any- 
 thing which one might observe in conversation. A person like Mr. Wiridham may 
 so conduct himself in even a lengthened examination as to convey the impression to 
 your mind that he is really competent* to manage his affaiis, but immediately 
 afterwards he may exhibit such weakness of intellect as to prove his utter incom- 
 petence. 
 
 By the Jury In my interviews with Mr. Windham I did not draw his attention 
 to the sinfulness of his condict; in fact, we did not go into the ethics of the 
 matter at all. He appeared to be insensible to shame. When I am called in to 
 see patients I am very frequently furnished with the history of the case. The 
 genural practice is to be put in possession of certain facts. The opinion which I 
 have expressed of Mr. Wiudham is formed partly upon the information I have 
 derived from others, and partly upon his mode of answering the questions put to 
 him, the difficulty in getting him to concentrate his thoughts, and his apparent 
 moral obligations. No right investigation could be made without a previous 
 acquaintance with the facts of the case. Those facts are the tests by which th;> 
 capacity of the patient is ascertained. I have patients now under my charge with 
 whom you might converse for a whole day without perceiving that there was any- 
 thing the matter with them ; whereas if I gave you the clue, you would detect their 
 infirmity at once. 
 
 By the Master Inability to command the attention and incapability of sustained 
 thought are symptoms of the peculiar kind of mental imbecility which I attribute 
 to Mr. Windham. Deadness to a sense of moral obligations is frequently observed 
 in such cases, in other words, though not a constant, it is a frequent concomitant. 
 
 DE. MATO, PRESIDENT EOYAL COLLEGE OF PHYSICIANS. 
 
 Dr. Mayo, examined by Mr. Chambers : I am President of the College of 
 Physicians. I have given my 'attention to disorders or diseases of the mind, and 
 early in life wrote a work on the subject. I was present when Dr. Winslow on two 
 occasions had interviews with Mr. Windham. I heard the evidence given by Dr. 
 Winslow yesterday. Substantially he has given a very accurate account of what 
 occurred in my presence. From the opportunities I had of having conversations 
 with and putting questions to Mr. Windham, I formed the opinion that he has a 
 very weak intellect and a very impure mind one that I should expect to turn out 
 eminently unsound, if further particulars of his conduct could be given me. Speak- 
 ing of his intellect, I should say he is childish and inconsequent, particularly under 
 circumstances where a man of intelligence would be serious. He makes disjointed 
 remarks. Speaking of the ethical part of the case, by far the most important, my 
 attention was most attracted by the method in. which he treated the relation of hia 
 wife to himself. All the phenomena of that part of the subject have been correctly 
 stated by Dr. Winslow. I remarked the utter and entire shamelessness he mani- 
 fested during the interviews. I would particularly specify the indifference with 
 which he treated the question whether he had said that he had been intimate with 
 his wife before marriage, and that had satisfied him, and that, therefore, he was 
 not likely to marry her. Seeing that he had produced an unfavourable impression, 
 upon us, he very cunningly said he had only made that remark to blind people as- 
 to his intended marriage. When asked by me whether he ever had been in bed 
 with three women at one time, he treated the question with great levity. He said 
 " No," but laughed. The adhesiveness he showed in his attachment to Roberts, in 
 spite of admitting a low opinion of him, was another circumstance which indicated 
 an indifference to decency and decorum. It suggested to me his incapacity in another 
 sense incapacity in regard to the management of affairs for such a man would be- 
 sure to have bad associates and to give way to them. Those were the principal points 
 which I noticed leading to the opinion I have expressed. I also observed that he had 
 made little progress in education, and on questioning him about mathematics, which 
 he said he had studied at Eton, I found him to possess a certain amount of intelli- 
 gence, but no more than would tend to deceive himself. I did not test him on the 
 subject of vanity or self-admiration. When I saw him I had not read the affi-
 
 davits, but had only glanced at some of them. The only information I possessed 
 was derived from L)r. Winslow in a short consultation we had on the morning of 
 the first interview. I found my judgment almost entirely upon my own observation 
 of Mr. Wiiidham. In my opinion, judging from what happened at the interviews, 
 he is certainly not competent to manage himself or his affairs. There are too many 
 names for insanity. My own judgment would direct me to be satisfied with the 
 simple expression that Mr. Windham is of unsound mind. I should say, however, 
 that I do not differ from Dr. Winslow in his definition of the case. That condition 
 of mind is not inconsistent with the power of acquiring a certain amount of classical 
 knowledge, though a person so afflicted generally breaks down in his education. At 
 Eton, where Mr. Windham was educated, I believe promotion to a form is obtained 
 by something very like favour, and without examination. I was not at Eton my- 
 eelf, and I speak from what I have heard here. The power of makingtiargains arxi 
 doing certain sums is consistent with the unsoundness of mind which I find in Mr. 
 Winciham. In certain states of unsoundness the party may be kept under restraint 
 by the presence of persons who have a control over him ; but when the disease has 
 reached the point developed in Mr. Windham it becomes uncontrollable and defies 
 the obligations of decency and society. It may be controlled to a certain extent by 
 fear, or by being cowed ; but the restraint to be effectual must amount to constraint. 
 If it be partial and imperfect, such as that which Mr. Cheales, Mr. Horrocks, and 
 even Colonel Bathurst seem to have exercised over Mr. Windham, it will only irri- 
 tate and intensify the conduct with respect to social impropriety. But, at the same 
 time, I would rather not place such an individual as Mr. Windham in a lunatic 
 asylum. I would put him in the hands of a person who would prevent him 
 meddling with affairs. It is quite possible that so treated he might recover so far 
 as to be able to go about with safety to himself and others. 
 
 Cross-examined by Mr. Karslake. He must be stationary at first. I do not 
 propose to put him under the control of a keeper. His attendant should be himself 
 under the surveillance of a physician, who would see that he did not abuse his trust. 
 I do not think that evory young man who enters upon a reckless and ruinous 
 course of life should be placed under restraint. I have mentioned the defect in 
 his treatment by his tutors, but I by no means say that he would have been better 
 without them. It is probable that he did many things to annoy his tutors, but he 
 did them in an unsound way, and in substance they were irrational. The modes in 
 which boys annoy and irritate tutors whom they dislike are very numerous ; but 
 the things done by Mr. Windham were abnormal acts, carried out in a very intense 
 way. The actions to which I allude are those which have been described in 
 evidence. The idea which they suggest was thoroughly borne out by what I 
 observed during the interviews with Mr. Windham. I entered upon the examination 
 of Mr. Windham with the belief that there was a large body of evidence which would 
 prove that his mind was unsound. I did not read the affidavit of Dr. Donald 
 Ualrymple, in which it is stated that Mr. Windham was addicted to vicious courses 
 of a peculiar character, until after the interviews. I did not see the paper of 
 instructions which was furnished to Dr. Winslow by Mr. Field. I do not recollect 
 Dr. Winslow asking Mr. Windham whether he knew that Roberts was called 
 "Mahogany Roberts." I certainly did not pub that question myself. Several 
 of the questions asked by Dr. Winslow were new to me. My opinion 
 that unsoundness of the mind in Mr. Windham has reached such a point 
 that it is uncontrollable by a sense of decency or social obligations is not founded 
 upon my own observations. I observed sufficient to convince me that he is cunning 
 enough to seem to t>e aware of social obligations. Assuming the statement of the 
 Marquis of Bristol to be correct, that Mr. Windham dined with him on two occasions 
 and behaved himself like a gentleman, I should attribute his conduct rather to 
 cunning than to a sense of self-respect or the decencies of society. Tho reason is 
 that I know him to be entirely destitute of any such feeling. To induce me to 
 attribute them to any thing like a sense of decency the number of instances in which 
 he has behaved himself well must be enormous. When a n>nn like Mr. Windham 
 commits a series of beastly and irrational acts there is a reaction, caused by fear 
 of the consequences, and during that interval he may behave himself well enough ; 
 but his conduct then must be attributed, not to a sense of propriety, but to cunning 
 and recollection that he had behaved badly before. I admit, of course, that such 
 behaviour as that of Mr. Windham, in the presence of the Marquis of Bristol and his 
 family, is more consistent with soundness of mind than with uusouudness. If it
 
 74 
 
 could be shown that Mr. Windham got into the fifth form at Eton by an examina- 
 tion, that I admit would make his case an unusual one. If I were told that he reached 
 without favour the remove below the fifth form, I should say that would also make 
 his case an extraordinary one, provided that the studies, as you say, consisted of 
 Virgil, Horace, Cornelius Nepos, the Greek Testament, Mathematics, and Geography. 
 Unsoundness of mind is not inconsistent with a certain degree of efficiency in arith- 
 metic. A person of unsound mind may go through the practical parts of Long 
 Division, the Rule of Three, and Vulgar Fractions, provided he has somebody by the 
 side of him to state the proposition. Mr. Windham could not repeat the Greek 
 alphabet to me or recite any portion of Virgil a circumstance which increases 
 my suspicion that he did not get into the fifth form at Eton without favour. 
 It'is possiblo he may have told me that he had not looked into a book since lie had 
 left Eton. When I examined him I was not aware of the manner in which lie had 
 been brought up and treated by his parents and others. The questions I put to 
 him were very simple. He denied having slept with three women at once, but he 
 did so in a shameless manner, as if he could see nothing indecent in such a pro- 
 ceeding. I had no reason to believe that he had so slept with three women. Many 
 questions of an absurd character were put to him. I have said that his remarks 
 were childish and inconsistent. I cannot give you particular instances. His talk 
 on many points consisted of bits of sentences tacked together without any natural 
 connection ; and as I did not take notes on the spot I am unable to repeat his words. 
 He giggled during the whole of the conversation upon the subject of his wife and her 
 relations to himself and others. I do not remember an example of his disjointed 
 remarks. It struck me that he had a good memory for events, but that is not an 
 extraordinary phenomenon in cases of unsoundness of mind. Upon the whole, 
 however, it is more consistent with soundness of mind than unsoundiiess. He could 
 not do the first proposition in Euclid, but he told me he had always disliked mathe- 
 matics. I did not test very severely his memory for events, because I did not attach 
 much importance to it. He knew perfectly well for what purpose he was being ex- 
 amined and answered the questions very readily. Some of the subjects were dis- 
 agreeable, but not to him ; on the contrary he seemed to like them. I did not 
 observe that Dr. Winslow endeavoured to make him laugh. At the conclusion of 
 the interview I asked him to write a letter to me. I said, " You know the general 
 purpose for which you nre here. I think it would be good for you if you would 
 have the kindness to write me a letter." He immediately took pen and paper, and 
 I am bound to say wrote a letter without the slightest appearance of difficulty. 
 He handed it to mo iti the room, but said nothing. I believe I remarked it was a 
 very good letter, or something to that effect. The letter is as follows : 
 
 " December 12, 1SG1. 
 
 "Dear Sir, I hope after your examination of me this evening that you will be 
 able to give a favourable opinion as regards my case, which will aid to terminate 
 these proceedings against me, as I think I am wrongly treated in having such a 
 charge brought against me. " I am, dear sir, yours truly, 
 
 "To Dr. Mayo. " W. F. WINDHAM." 
 
 I have not had delivered to me by General Windham or anybody else letters ad- 
 dressed to him by Mr. Windham. The letter to me is far more consistent with 
 soundness of mind than with unsoundness, but it is not inconsistent with the latter. 
 By Mr. Coleridge. I am. frequently called upon to certify the sanity or insanity 
 of individuals. I always see the patient alone. It is not usual to supply the physi- 
 cian with instructions in such cases. He goes to the patient and does the best he 
 can to ascertain the state of his mind. I have generally received a statement of 
 facts to enable me to examine the patient. Unsoundness of mind is a fitter subject 
 for description than for definition. Moral obliquity, supposing it to mean perversion, 
 is one element in the proof of unsoundness. The violation of a child is not an in- 
 dication of moral or intellectual perversion. It is a very vicious act, but vice is not 
 perversion. If the offence were committed in public, or under circumstances of 
 great indecency, that would make some difference, but still it would not amount to- 
 a proof of insanity. An act of gross and shameless indecency, if frequently repeated, 
 would lead me to believe that upon inquiry I might find indications of unsoundness 
 of mind. There are many gross and shameless vices which are perfectly consistent 
 with the soundness of the mind of the person guilty of them. 
 
 Re-examined by Mr. Chambers. If a man lying in bed, with a respectable middle- 
 aged woman sitting beside him, were suddenly to oast off" the bedclothes and expose
 
 75 
 
 nis person, I think It very probable he would be found of unsound mind. Calling 
 the attention of young ladies to mules while staling, if done habitually, would be an 
 element in the proof of insanity. The same observations may be applied to the act 
 attributed to Mr. Windham of locking his wife in a railway carriage with a person 
 whom he knew had lived with her before her marriage. Mr. Windham could not 
 repeat a single line of Virgil, but I draw no inference from that except that he was 
 a very ignorant young man. 
 
 By the Jury. It is not uncommon for persons who were formerly pure in conver- 
 sation to utter coarse and filthy language when they become insane. Slavering at 
 the mouth is an indication of the want of eelf-control. I did not notice anything of 
 that kind in Mr. Windham. If the whole of the facts stated in the affidavits were 
 untrue I should still say, from my own personal observation of him, that he is a 
 weak man, but I should hesitate to declare him incapable of managing himself. 
 
 MKS. LEWELLIN RECALLED. 
 
 Mrs. Lewellin was here recalled, at the instance of Sir Hugh Cairny, and 
 examined by him. I have a brother named Conway Dignam. I have not seen him 
 to speak to him since May or June last, when he stopped my cab in Vauxhall-bridge- 
 road, and said, " Augusta, how do you do ?" I merely said, in reply, " Conway, bo 
 a good boy," and then drove away. My mother died last year, and since then I 
 have seen him begging in the streets. He is a dissolute, worthless, lazy fellow, and. 
 never earned a shilling in his life. I did not meet him and speak to him. in St. James's- 
 street any time in September, October, November, or December last. I did not say 
 to him, " Ah, Conway, how do you do ?" and inquire what he was doing. When I 
 saw him begging, which was in June, I was so horrified at the condition to which he 
 had reduced himself lor he was left well off that I endeavoured, through my 
 mother's solicitor, to obtain a situation for him. I had no interview with him in St. 
 James' s-street, and, of course, I did not say to him in any shape or form, " I know 
 of a capital thing you can do nicely. Did you ever hear of young Windham ? His 
 uncle, the General, has begun, to try to bring him in insane, and if you would swear 
 for the General it would be the making of you, and you would not require a situa- 
 tion." I did not say to him, " The General will have the money, and not his nephew. 
 What you will have to swear is this that you lived with Lewellin as clerk, and had 
 ample chances of heaving young Windham's hideous noises and seeing his mad 
 ways." My brother did not reply, " Oh, Augusta, how can you try to briag a 
 younger brother into such a mess ? You are aware that I know neither the General 
 nor young Mr. Windham, and I would not get myself into trouble by false swearing 
 for you or twenty Generals." I did not then say, " You are very foolish ; you know 
 as much as other people that are on the General's side;" nor did I say, " Will yon 
 go to a solicitor with me ?" He did not reply " No, I shall not do anything 
 of the sort ; I would sooner stop in my present position than try to 
 injure a young man I know nothing about." I did not say, " If you do 
 not comply with my wishes I cannot do anything for you ; you are very 
 foolish." He did not say, " I would not go into any court to forswear mys?lf or 
 injure my family's name." I did not say, " You can take your own course. What 
 does it signify if you do bring in young Windham insane ? It will not injure you, 
 but be the making of you. You don't suppose I am doing this for nothing, do 
 you ?" No such conversation, ever took place, or anything like it. 
 
 By Mr. Chambers. When I saw my brother in May or June he was begging of 
 passers-by like a ragged beggarman. He never earned a shilling in his life ; he 
 lived on his mother till her death. He is about twenty-two years of age. The last 
 time I saw him was the day before Christmas-day. He was standing opposite out- 
 house, pointing at it, hooting, and getting a mob round him. Mr. Lewellin went 
 for the police. Two policemen came, and he went away. My mother died on the 
 2nd of June, I860. I think it was in May last that I recommended him to my 
 mother's solicitor ; but that gentleman would do nothing for him. On that occasion 
 he was aware that I was using my exertions to get him a situation. I have nob 
 spoken to him since he stopped me in Vauxhall-bridge road. 
 
 By the Master. We took him to our house after my mother's death, but Mr. 
 Lewellin put him away and ordered me not to speak to him. Before I came here 
 to-day I had not the most remote idea of the kind of questions which were to be 
 put to me. I solemnly swear that the conversation which has been detailed is 
 totally false. May I die in your presence if I do not speak the truth.
 
 76 
 
 The witness, who said she was suffering from ill health, and who had given her 
 evidence with considerable warmth, immediately left the court. 
 
 DK. SOUTHEY. 
 
 Dr. Southey. I was directed by the Lords Justice to visit Mr. Windham. I had 
 two interviews with him, having previously read the affidavits on both sides. Each 
 interview lasted about an hour. My object was to form an opinion and make a 
 report to the Lords Justice upon the state of his mind. I examined him at some 
 length and found the case a difficult one. His conversation was better and more 
 sensible than his conduct had been. From his conversation alone I should not hava 
 come to the conclusion that he is a person of unsound mind. My opinion was 
 formed partly upon what I saw, and partly upon what 1 read in the affidavits. It 
 was that he is not competent to take care of his property. 
 
 Cross-examined by Mr. Karslake The affidavits were sent to me in November. 
 I have not a list of them. I assumed the facts stated in them .to be true, and my 
 opinion was formed upon that assumption. Mr. Windham knew the purpose for 
 which I was making the inquiry, and behaved in all respects like a gentleman. 
 
 He- examined by Mr. Chambers He fenced with some of the questions and 
 avoided giving answers to them. 
 
 By the Master. I think his case is one of imbecility. His unsouadness of mind 
 is consistent with a good technical memory and with a certain degree of cunning. 
 I spoke to him about the state of his health at the time of his marriage. He said he 
 had consulted Dr. IlHngworth and Mr. Johnstone, but he denied that they had told 
 him that the disease was of a nature unfitting him to marry. Supposing all the facts 
 stated in the affidavits to be untrue, I should still say, judging from my interviews 
 with him alone, that he is a person of weak intellect, though I should hesitate to 
 express the opinion that he is not capable of managing himself or his affairs. 
 
 The marriage settlement and the register of the marriage were then put in and 
 read. By the former Mr. Windham granted to his wife a perpetual rentcharge of 
 800 a year, to be increased to 1,500 in 1869, when he should come into posses- 
 sion of the devised estates. It was also stipulated that the jewels should remain to 
 her separate use. The marriage took place on the 30th of August at the district 
 church of All Saints, St. John's-wood, and was solemnized by the Rev. Mr. 
 Maddock. 
 
 Here, near the end of the 12th day, the case for the petitioners vra? declared 
 closed. 
 
 Sir Hugh Cairns said It now becomes my duty to address you on behalf of Mr, 
 Windham, the subject of the present-, inquiry, and I do so under circumstances which 
 are to some extent almost unparalleled. The inquiry has lasted now for almost 12 
 days, and during that time a demand has been made upon your patience and 
 attention which, so far as I am aware, has had no precedent in modern times. The 
 petitioners have raked up and paraded before the world the events of a life of 21 
 years. They have exposed to the public gaze, and that in no dim or hazy light 
 they have pictured to the public view, and that ir, no delicate touches the youthful 
 vices and follies and frailties of their relative the subject of this inquiry. During 
 the whole of that exposure his counsel has sat there in constrained acquiescence,- 
 except so far as by the privilege of cross-examination they have been enabled to 
 correct the errors into which the witnesses have fallen, and to elicit the 
 facts which they have withheld, and to expose the inconsistencies with which they 
 are chargeable. Now, when at last I rise to address you on behalf of Mr. Windhaoi, 
 I venture most earnestly and respectfully to make of you two requests. The tirst is 
 on behalf of Mr. Windham himself. On his behalf I er.treat you to bring to the 
 consideration of the remarks which I have to offer to vow minds calm, dispassionate, 
 unbiassed, and, I will add, judicial. You must remember that, short of the issue of 
 life or death, there is hardly any issue more momentous than that involved in the 
 present inquiry. No more important issue, with one exception, can be submitted to 
 a jury or fall to be decided upon the fate of any fellow-creature. The second request 
 is that you will extend to me your indulgence while I endeavour, however imperfectly, 
 to deal with the extent of the case upon which I have to address you a duty and 
 task from which I might well shrink, but a duty and task in which I am sustained 
 first, by the feeling that I will not ask for your forbearance in vain ; and next, by the 
 conviction that I am about to defend Mr. Windham from a charge most cruel, moat 
 unjust, and most unjustifiable. (Cheers.)
 
 77 
 
 The Master intimated that, if he eaw or heard any further exhibition of feeling 
 on the part of the audience, he should make use of the power at his command, and 
 adjourn the Court. 
 
 Sir H. Cairns resumed by saying, It may be convenient to remind you of what the 
 precise issue is. Yon are to decide whether Mr. Windham is incapable of managing 
 his affairs not whether he is of unsound mind but whether he is incapable of 
 managing his affairs by reason of unsouudness of mind. The object of making that 
 distinction is plain and simple. There are many cases in which a man may fairly 
 be said to be incapable of managing his affairs. He may be incapable by reason of 
 ignorance, or on account of inexperience and the want of peculiar skill, or because 
 of a preference for literary or other pursuits of a kind utterly unconnected with the 
 management of property, or in consequence of a ruinous and inveterate habit of 
 gambling. Such a person may justly be said, in a certain sense, to be incapable 
 of managing his affairs, and, indeed, tha Roman law made no distinction 
 between unthrifts and idiots. But in England a man cannot be deprived of his 
 personal liberty or his property on the ground of incapacity until a jury of 
 his countrymen are satisfied, first, that he is incapable of managing his affairs, and 
 secondly, that his incapacity arises from unsoundnessofmind. The learned counsel, 
 having fortified his observations upon this point by quotations from Blackstone, 
 Shelford, and the declaration of Lord Eldon in the Portsmouth case, proceeded to ask 
 the jury also to bear in mind that the presumption is in favour of sanity, and that 
 it lies upon those who allege nnsonndness to make out and prove their case. I call 
 your attention to the peculiar nature of the insanity alleged in the petition against 
 Mr. Windham. It is not an ordinary case of insanity accompanied by delnsions a 
 case in which the great and critical test of sanity is the absence or presence of 
 hallucinations but a case of imbecility approaching to idiocy, or amounting to 
 unsoundness of mind. In a case of insanity accompanied by delusions, the mode 
 of investigating it so as to arrive at the truth is a matter of great diffi- 
 culty and doubt ; but in a case of imbecility, where there is either no mind at all 
 or next to none, the task of coming to a right and just decision is comparatively 
 easy. It is impossible for a man who is said to have only a limited amount 
 of mind, or none at all, to assume at any moment or for any purpose a greater 
 amount of mind than he really possesses. If the mind is not there, or only therein 
 a certain small and limited quantity, no desire on the part of the individual to show 
 a greater amount of mind, or to assume the appearance of a greater amount of mind, 
 can supply him with that which Nature has denied him. Hence, when a man is 
 charged with imbecility, if it can be shown that for a considerable time and in 
 various situations he has acted like a natural being, any acts of folly which might 
 be alleged against him should be carefully, deliberately, and keenly investigated, 
 because at first sight it is next to impossible that a man can at certain times assume 
 a mind and intelligence which are wholly absent. Something has already been 
 said on the amount of property at stake in the present case. The only remark 
 I have to offer upon that point is that there is no graduate or sliding scale which 
 requires for a certain amount of property a certain amount of mind ; and that if 
 Mr. Windham is capable of managing his affairs, he is so whether his property may 
 be estimated at 100, 1,000, or 20,000 a year. I next ask you to put aside 
 entirely that portion of the evidence where the witnesses, not confining themselves 
 to a narrative of facts which had occurred under their observation, or to statements 
 made within their hearing, have gone further, and said that in their opinion, from 
 what they had heard, Mr. Windham is of unsound mind. It is the province of 
 the jury to form and express an opinion upon the evidence, and I hope yon will 
 not allow it to be invaded by witnesses, whether skilled or otherwise. 
 
 The learned counsel had barely commenced his speech when the court adjourned. 
 
 THIRTEENTH DAY. THUKSDAY, DEC. 2. 
 
 The^adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Court of Exchequer, Westminster, 4efore 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C.. Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elkabeth Giubilei, the mother of 
 the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. 
 Mihvard for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. 
 Windham.
 
 78 
 
 SIR HUGH CAIRNS' SPEECH CONTINUED. 
 
 Sit II. Cairns resumed his speech to the jury on behalf of Mr. Windhara. Ho 
 said, When the Court adjourned on Wednesday evening I was about to call your at- 
 tention, before proceeding to comment upon the evidence, to what I consider 
 a point well worthy of observation viz., the very great advantage which 
 the petitioners have enjoyed with respect to the evidence to be procured. 
 The petition was garnished with an array of names of persons of very con- 
 siderable position and distinction in society. It will be my duty in the 
 course of my observations to comment, and I will claim the right to 
 comment, with freedom upon the course adr.pted by the petitioners. I may 
 remark at the outset that the heads of families who have signed the petition must 
 possess, by the ramification of their connections and the weight of their 
 influence, considerable power in procuring from every part of the kingdom every 
 jot and tittle of evidence which could be obtained in their favour. Mr. Windham, 
 011 the other hand, stands alone against the family, with the exception of his mother. 
 We have here, for tho first time in my recollection, that which seems to me ex- 
 tremely like the introduction into this country of the terror of domestic life abroad 
 viz., the working and operation of a family council. The decree of the family coun- 
 cil has gone forth ; everything which it is in their power to do had been put in 
 operation, and the consequence is that members of the family who during the early 
 life of my client were in relation and connection wiuh his tutors and other persons 
 who had charge of him in childhood and boyhood are able at once to go to those 
 tutors and companions, to state their views to them, and to command everything 
 they can give in the shape of evidence. If the present had been a case in which 
 the members of the family were sincerely and fairly desirous of taking the opinion 
 of an English jury upon the. mental state of their relative, as testified by their own 
 medical witnesses, there would have been an easy and simple way of doing so. 
 ^Nothing could have been easier, without overlaying the case with the flimsy and 
 ridiculous evidence of railway guards, policemen, lodging-house keepers, and other 
 persons, deposing to acts, some the most trivial and others the most disagreeable, 
 which cquld be well conceived, to have said "We are of opinion that the state of mind 
 of our relative is such that he cannot be intrusted with the management of himself 
 or his affairs ; our medical witnesses say that his sanity or insanity can be tested 
 by an examination on hypothetical cases ; will you be kind enough to 
 see that those tests are applied to the mind of our relative, not for the purpose of 
 showing unsoundness, but for the purpose of fairly ascertaining whether his mind is 
 sound or nnsound ; and then let a jury say, having heard the results of such an 
 examination, whether there is or is not that unsouudness of mind which we allege 
 in our petition." That prudent and judicious course has not been adopted, but on 
 the contrary,' the members of the family have brought forward a mass of evidence 
 some of which is of the most disagreeable, not to say disgusting description, and have 
 not hesitated to expose to the public gaze all the boyish acts, follies, and vices of 
 their youthful relative. One obvious and important; consequence of bringing forward 
 such evidence is to deter impartial and unprejudiced persons, who would have liked to 
 state the results of their own observation of the acts of Mr. Windham, from coming 
 forward inhisbehalf. Such persons might have saidto themselves, "We know Mr. Wind- 
 ham very well ; we have observed him doing various acts in the course of business ; he 
 always seemed to us to be a man perfectly competent to manage his own affairs and 
 we are willing to say so in open court." Thsir friends, however, after reading the 
 the reports in the newspapers, might have remarked to them, " See how his relatives 
 are bringing forward, day after day, instances of the most disgusting acts committed 
 by Mr. Windham; these acts must really have been committed by him, or his 
 relatives would never have ventured to exhibit them to the public <raze ; we 
 hope you are not going to mix yourselves up with a case of that kind ; consider what 
 a disagreeable position yon will be placed in when you find that a person whom you 
 think^so decent and well behaved has, without your knowledge, committed acts of so 
 gross a character that his relatives would never have dreamt of attributing them to 
 ?viim, far less of parading them before the world, without the best and strongest 
 grounds for believing them to be true." I think the petitioners ought to have con- 
 sidered that such would be the natural and inevitable tendency of the coarse they 
 have adopted. There is another observation which I have to make at the outset- 
 viz., that the position of the parties in this case is different in one most important 
 respect. The petitioners have enjoyed, for the purpose of making out their case, an
 
 79 
 
 amount of time wholly disproportioued to that which has been allotted to Mr. 
 Windham for his defence. It will be recollected that so long ago as September Mr. 
 Corbellis had a consultation with General Windham with regard to this proceeding. 
 During the whole of that month, during the whole of the two following months, and 
 up to the middle of December, when this inquiry began, the petitioners had an 
 opportunity of scouring high and low in Russia, in Scotland, in Ireland, at 
 Spa, and in every part, of England for every particle of evidence which 
 could be procured in support of their allegations. The advisers of Mr. Windham, 
 on the other hand, had no means of knowing what the petitioners were doing 
 until the commencement of the proceedings in the Court of Chancery ; it was not 
 until the end of November that an order was made by the Lords Justices for the 
 issuing of a commission de lunatico ; and between the date of that order and the 
 beginning of this inquiry there was an interval of not more than three weeks. 
 During that short period Mr. Windham and his -advisers had to get up their case in 
 opposition to that of the petitioners, perfectly ignorant of the evidence which the 
 petitioners intended to adduce, except in so far as they were enlightened by the 
 affidavits filed before the Lords Justices. Moreover, in a case of this kind, where 
 a great number of acts and sayings were spoken to which were said to have 
 occurred between Mr. Windham and some other person, the only person who could 
 be brought forward to rebut what was alleged by the petitioners was Mr. Windham 
 himself; but, unfortunately, the law and practice of England do not admit of their 
 producing Mr. Windham as a witness before the Court. With respect to a great 
 many of those acts and conversations which occurred within the knowledge only of 
 Mr. Windham and of some other person, examined as a witness in support of the 
 petition, I and my learned friends have been able to elicit from the witnesses many 
 details which they either had forgotten or had omitted to state, and have obtained 
 considerable additions to the evidence which the witnesses gave by addressing 
 to them proper and fit inquiries for the purpose. To whom was it supposed 
 they could be indebted for the information which enabled them to put those ques- 
 tions in cross-examination? To whose shrewdness, intelligence, and clear and accurate 
 knowledge of what really had occurred could they be indebted except to those of 
 Mr. Windham himself? I will show you in the course of my observations, the facts 
 which they had been thus enabled to bring before you, and the impossibility of their 
 having derived their knowledge from any person except Mr. Windham himself. It 
 is not my intention to complain of the order, as regarded narrative and witness, in 
 which the case' has been brought before yon ; but, without making any complaint, 
 I think a better and more convenient arrangement might have been adopted for 
 directing attention to the whole of the facts. I do not propose to follow that order, 
 but, on the contrary, to take an order of narrative which I think will enable you 
 much more usefully and conveniently to follow the history of the case and the evi- 
 dence of the witnesses. There are four periods to'which I will endeavonr to direct 
 your attention, and under each of which I will supply you with proper evidence. 
 The first will extend from the earliest childhood of Mr. Witniiinin, up to the time 
 when he came to lodge with the Lewellins, in Duke-street, on the 27th of May, 1861 j 
 the second will be from that date up to the time of his marriage ; the third will 
 include the time of his marriage and the events immediately and closely connected 
 with it; and, finally, the fourth will embrace the time which has passed since his 
 marriage, and the events which are relied upon during that period. In approaching 
 the consideration of the first period, I am anxious still further to clear the 
 ground by stating most fairly and frankly the points a regards the character of 
 Mr. Windham which I am ready to concede, and upon which I agree with some 
 of the evidence which has been brought before you. Mr. Windham has the misfortune 
 for I call it advisably a misfortune to be an only child. He is not only an only 
 child, but he is what is commonly called a spoilt child. He was spoiled, as Dr. 
 Donald Dalrymple had very fairly told them, in the clearest and fullest sense of the 
 term, by his parents at once indulged and irregularly and capriciously restrained. 
 His father was a passionate man, and, as Dr. Dalrymple has said, his mother is 
 also a person of excitable temper. There can be no doubt that he was never fond of 
 learning. He was passionately fond of out-door employments. The tw o sometimes 
 go together, but more frequently they are found separate. After he left Eton he 
 really had nothing which could properly be called education. There is not a single 
 tutor he had who ever attempted seriously and earnestly to give him any proper 
 kind of instruction. At Fellbrigg-hall, as Dr. Dalrymple has fairly stated, he had
 
 CO 
 
 the run of the house and the stables. It was natural for an only child, with no 
 brothers and sisters, with no companions of his own age, with no companions what- 
 ever except tutors whom he disliked, eagerly to embrace the opportunity of frequent- 
 ing the society of those who were to be found about the house and stables, more 
 especially of persons like grooms and stable-boys, who are at once most popular 
 with boys who are allowed to frequent the stables as much as they please, and 
 most ready to encourage and humour the whims of their young master. It was also 
 clear that he was a boy of excitable temperament a passionate boy if they pleased. 
 It was likewise evident that he was a boy of rustic manners and speech, especially 
 in his boyhood ; that he was allowed to be so, and that there was no serious 
 attempt to give him any kind of proper training. The fact that he was rustic in 
 manners and speech was in some degree to be accounted for by the circumstance 
 that he did not appear to have had in early life any opportunity of mixing in the 
 society of ladies ; that he had no sisters or female relatives of any kind to read or 
 converse with him ; that, in short, as an only child and a boy, he was permitted to 
 run about the house and the stables unchecked as to speech and manners. Nor 
 could it be denied that in early life he was a sloven in dress. Afterwards in that 
 ' respect he became very much improved ; but that at one time he was a sloven m. 
 dress must be fairly and frankly admitted. It was also clear that his voice 
 and his laugh were peculiar, and they would learn, from evidence of the most 
 satisfactory kind, that the structure of his mouth was such that his voice and his 
 laugh could not be otherwise than peculiar. It must likewise be acknowledged that 
 he had very considerable powers of imitation, and used those powers to a very large 
 and, no doubt, to a very noisy extent. He had a great power of imitating the Nor- 
 folk dialect, and representations and pantomimes seen on the stage. He had a great 
 power of imitating the acts and conduct of other people, and he used it in a way 
 which very likely was pleasant to himself, but sometimes not to those who were as- 
 sociated with him. It might also be taken as a fact, which could not be disputed, 
 that he was a boy of boisterous animal spirits. His mind upon the whole was nou 
 a powerful one, but little more could be said on the subject. If, indeed, we were 
 able to do with the mind what we could do with the body if we could obtain an ac- 
 curate mental standard, just, as we could gee a correct standard of height I think 
 we might be able to show at what part of the mental standard the mind of Mr. 
 Windham ought to be put. If we had such a mental standard if we could show 
 that the highest degree of mental capacity is represented by 100, and the lowest by 
 20 if the mean between 20 and 100 might be taken to represent the average standard 
 of mental capacity, very likely the mind of Mr. Windham would fall below, and not 
 above, the average standard ; but I think that just as we do not call a man a dwarf 
 because his height might not happen to reach the average standard, so it would be 
 ridiculous to say that the mind of Mr. Windham, even if below the average mental 
 standard, is unsound or incapabre of managing affairs. You will be supplied with 
 the clearest and most convincing proof that he is a person of great sensibility and 
 of great powers of attachment and affection. You will also find this remarkable 
 fact, that while, on one hand, he always evinced the greatest disposition to resist 
 and oppose any person who he did not think treated him fairly and properly, 
 BO, on the other, to any one who treated him kindly, and with judgment and 
 moderation applied the restraints which ought to be applied to young men of 
 his age, he uniformly exhibited respect and deference, obedience and at- 
 tachment. A word may be spoken here about what are called his eccentric tastes. 
 Eccentricity is not unsoundness of mind, nor are eccentric tastes proofs of mental 
 incapacity. Two eccentric tastes are attributed to Mr. Windham. The first is a 
 taste for the management of railways and the society of railway guards. Upon thia 
 . point nobody who has heard it can have failed to be struck by something which 
 came out at a late part of the evidence. Some of the tutors, as a proof that he was 
 a boy of low tastes, had stated that when at Eton he was constantly about the rail- 
 way, and in the society of guards, observing, at the same time, that none of the 
 other boys ever imitated his example in that respect. But it will be remembered 
 that Bradley, the guard on the Eastern Counties Railway, who was called to speak 
 to something which occurred on that line, stated in cross-examination that when 
 Mr. Windham was at Eton he himself was a guard on the North- Western line; than 
 Mr. Windham was then in the habit of riding in the van, and that every 
 Eton boy did the same thing whenever he got the opportunity. There 
 could be no doubt, indeed, that if an Eton boy conld get upou the engine,
 
 
 
 MAJOR-GENERAL "WINDIIAJI, C.C.B.
 
 83 
 
 and were allowed, tinder proper care and supervision to work the lever or blow 
 the steamwhistle, that was exactly what he would desire to do. You will see, 
 therefore, that the taste is one which in Mr. Winclham has been a constant taste, and 
 which he has indulged from the earliest times whenever he had the opportunity of 
 doing so. Mr. Chambers, has asserted, in his opening speech, that Mr. Windham 
 has been in the habit of acting as a railway porter. That statement has not been, 
 proved. Some of the witnesses have said that he used to shut carriage doors and 
 call out to the passengers to take the!r seats when the train was about to start ; but 
 that was part of the business of a g-aard, and not of a porter. When coaches ran 
 between London and Brighton they were driven habitually by amateurs, who took 
 the shillings from the passengers,, and acted in every respect like coachmen ; and 
 one of the sovereigns of a neighbouring country, remarkable for shrewdness and 
 sagacity, used to spend a considerable portion of his time in the making of locks, 
 and his fancy and delight was to associate with locksmiths. It is impossible to 
 account for such tastes ; they are eccentric, but not proofs of unsoundness of 
 mind. You will have evidence placed before you, not only that Mr. Windham has 
 a taste for the management of railway trains, but that he has always performed his 
 work extremely well; not only that he was allowed to drive an engine, but that he 
 knew perfectly well how to do it. I venture to submit that ifc is no small proof of 
 competency, and of the power of acquiring knowledge, to find that a young man, 
 whether by means permitted by the railway company or not, has so informed him- 
 self of the working and operations of a complicated piece of machinery like a steam- 
 engine as to be able with precision, and to the satisfaction of skilled persons, to drive a 
 railway train. Mr. Windham perfectly understood how to apply the break; he has been 
 again and again allowed to drive the engine, and, with one exception to be noticed 
 in its proper place, not only has no accident ever occurred, but there never has 
 been the slightest appearance of an accident likely to occur in consequence of any 
 incompetency on his part. The other eccentric taste attributed to Mr. Windham 
 was a fondness for walking about with the police and imitating their actions. Even 
 upon the evidence adduced by the 'petitioners, there is nothing serious in his 
 association with the police. It was evidently meant as a joke, though, perhaps, a 
 bad one. Owing to circumstances which are greatly to bo regretted, and for which 
 his guardians were in no small degree responsible, Mr. Windham went through a 
 season of London dissipation, in the course of which he was in the habit of fre- 
 quenting the Haymarket, described as the noisiest part of the town. He took a 
 fancy, not of obstructing the police in the execution of their dnty, which some others 
 did without being called mad, but of making acquaintance with them and imitating 
 their airs and authority. The joke may have been a bad one, but is it seriously to 
 be brought forward as a proof of insanity than a young man, under such circum- 
 stances as I have described, not attempting to interfere with or embarrass the 
 police, should choose to form an acquaintance with them, imitate their manners, 
 and show that he appreciated them in a high degree by comparing their superior 
 arts with the clumsy contrivances of the country police? A great deal 
 of evidence has been adduced in support of the petition; but there is one 
 kind of evidence which, I think, to use a phrase now familiar to all, is 
 " conspicuous by its absence." I confess that I was much surprised to 
 hear Mr. Chambers say on Wednesday, " Here we close oar case." With the 
 arrangements of my learned friend as to his witnesses I have no right to interfere; 
 but I certainly have assumed that the case against Mr. Windham would not be closed 
 until you had seen in the witness-box every one of the petitioners who could by 
 physical possibility have attended the inquiry, and more especially until you had 
 heard the evidence of such of the petitioners as in the privacy and retirement of the 
 Court of Chancery made affidavits for the purpose of inducing the Lords Justices to 
 issue an order for this inquiry. What has happened ? Two of the petitioners have 
 been produced, and two only the Marquis of Bristol and Lord Alfred Hervey. It 
 will be my duty to comment upon their evidence, but the Marquis of Bristol and 
 Lord Alfred Hervey are not petitioners who can tell you, anything of the least con- 
 sequence with respect to Mr. Windham, his acts, or his conduct. The petitioners 
 who could have told you what would have been of consequence are not produc'ed and 
 are not examined. In a case of this kind, where, with a single exception, the whole 
 of a family are arrayed against one of its members for the purpose of trying to per- 
 suade a jury that he is of unsound mind, it is the positive obligation and duty of 
 every member of the family who so asserts to come forward and tell in open court 
 
 v 2
 
 84 
 
 all that he knew to state whether he knew anything or merely acted on hearsay. 
 Such is the bounden duty of the petitioners in such a case as the present, and I ven- 
 ture to say that it is also the privilege and right of the jury to insist t<kat this sho^.d 
 be done, or if it should not be done, to draw proper conclusions from the absence 
 of these persons. Speaking of the petitioners as a body, what is che consequence of 
 their not being produced as witnesses ? I give them the choice of either horn of 
 this dilemma either during the fifteen or seventeen years of the life of their 
 relative over which this inquiry has extended, they were in the habit of seeing him 
 and observing his course of life, or they were not. Which do they choose ? If 
 they were, why hare they not been examined? Why were we to go to St. Peters- 
 burg, to Spa, to Edinburgh, to almost every part of the kingdom for those who, 
 from transitory glimpses of him at a dinner party or a ball, formed the opinion that 
 there was something in his laugh, or the sound of his voice, which proved him to 
 be an idiot ? Why are the petitioners, the members of his own family, who must 
 have b een the observers of his whole life, to absent themselves, and decline to 
 support their petition by their evidence in open court ? Take the other 
 horn of the dilemma. Supposing the petitioners were to say, " We never held 
 any intercourse with him, did not as a body recognise him, or admit him into 
 our families, never associated with him, or endeavoured to improve his mind where 
 it was defective, or his manners whore they were rough." If such is their lan- 
 guage, I am not surprised at their absence. I should like to know, however, 
 whether the petitioners have raally stayed away because they are afraid of telling 
 that they never saw their relative, never associated with him, never informed them- 
 selves about him until a time came when they thought the property was in 
 question. Mr. Chambers in his opening speech, referring to the subject of property, 
 talfes credit for the motives of the petitioners, and states that General Windham is 
 so much older than his nephew that he could not benefit from the property. Let 
 them examine that point. There is an estate called Fellbrigg, which, when Lady- 
 Sophia's jointure falls in, will be worth 3,000 a year. The devised estates in 1869, 
 when the mortgages will be nearly paid off, will produce about 9,000 per annum. 
 Here is an income of 12,000 a year in all. Supposing it could be determined that 
 Mr. Windham is an imbecile and incapable of taking care of his affairs, and that 
 his marriage is null and void, what will be the consequence ? The person next in 
 remainder to the whole of this property of 12,000 a year is General Windham for 
 his life, with the remainder again to every one of his sons. If Mr. Windham were of 
 imbecile mind no marriage could be contracted ; he would live and die a bachelor, 
 and the whole of the property of 12,000 a year would be as well and firmly secured to 
 General Windham, if he lived long enough, but, at all events, to his family, as if the 
 best conveyancer in England or the world were now to convey and settle it in that 
 way. It is idle to say that General Wiudham is free from the possibility of suspicion 
 because, forsooth, he is older than his nephew. Here is the transfer of the entire 
 property to his family, whether he might himself live to enjoy his life interest or not. 
 But the matter does not stop, there. Look at the position of the petitioners. Were 
 Mr. Windham to be declared insane, the authorities in lunacy would regulate the 
 property. Everybody knows that a certain sum is allowed for the maintenance of 
 the lunatic. Supposing that, out of the 12,000, some 3,000 or 4,000 a-year are 
 allowed for the comfortable maintenance of the lunatic as a bachelor, 8,000 
 per annum remain. Supposing that the contingency of the lunatic living a long 
 time, say forty years, and the General not coming into possession, were to happen, 
 there would be at the death of the lunatic an accumulation of between 300,000 and 
 400,000 a very pleasant thing for the next of kin. Who is the next kin ? The 
 other petitioners. I am not going to impute motives, but those who cariy on an inquiry : 
 of this kind ought to be above not merely blame but suspicion, and they are not above 
 suspicion if they shrink from the light of day and from telling everything they know. 
 They are not above suspicion if they shrink from coming before the court, and allow- 
 ing to be investigated the course which they have taken in getting up these proceed- 
 ings ; and they must not think it hard if their conduct in not coming forward and 
 submitting to cross examination is severely riticised. I find that there are eleven 
 heads of families who are petitioners before the Lords Justices. One is Mrs. Cecilia 
 Ann Baring, who has made an affidavit that she is an aunt of Mr. Windham. Has 
 she offered to repeat in court what she has sworn before the Lords Justices ? Then 
 they have Mr. John Henry Windham, called Captain Windham, who has been 
 receiver of the whole of the estates. He is intimately acquainted with them, and
 
 85 
 
 with everything which has been done about them. He knows all about Fellbrigg- 
 hall, is not a stranger to his nephew, or to the acta he has committed. Ho has made 
 an affidavit that is part of the material before the Lords Justices, and before 
 the medical men. Where is Captaiu Windham ? Is he unable to attend ? or is ifc 
 suggested that he cannot give valuable information ? What is the reason he cannot 
 come forward and repeat in the court, in the light of day, what he has told the Lorda 
 Justices, and give me and my learned friends an opportunity of testing the accuracy 
 of his statements ? Then there is Mr. Hook, a banker in London, and one of tho 
 guardians of this young man, appointed by the Court of Chancery. He could have 
 told the jury something about Mr. Windhani's money matters, and the means that 
 have been taken with regard to his education. Is it to bo tolerated that such a 
 gentleman should be allowed to make affidavits before the Lords Justices upon 
 which he could not be cross-examined, and then withhold from the jury in open, 
 court ? I should have liked to ask how it came that he allowed Mr. Windham to go 
 to London to make hia own bargains, and to expose himself to all the vices and tempta- 
 tions of London life ; and whether at that time he was of opinion that Mr. Windham 
 was of unsound mind ; and if he was, has he not neglected his duty ? I 
 should have liked to ask him whether he ever sought to restrain and 
 rebuke him, or recommend to him a purer and better course of life. Mr.- Hook, 
 sold the alleged lunatic a horse in in the summer of 1861. He believed the horse 
 was worth what it was sold for, and that Mr. Windham knew its value very 
 well ; but how comes Mr. Hook to sell his ward a horse, believing him to be 
 of unsound mind, and not able to manage himself or his affairs ? Is it this circum- 
 stance that keepsMr. Hook out of the box ? I should have liked to ask Mr. Hook what 
 steps he has taken to prevent the marriage of his wa rd with Agnes Willoughby, of 
 which he was apprised ; or whether he communicated the fact to the Court of Chancery, 
 who appointed him the guardian of this young man. Now I come to the Ceryphreus 
 of the petition, General Windham, who was appointed guardian under the will of 
 the father, and who, from his intimate knowledge of the young man, eould 
 have given the fullest information. General Windham has been in Court through 
 the trial, but he dares not appear in the open light of day before an English jury, 
 and dares not repeat on oath what he has stated in four affidavits before the Lords 
 Justices. I should like to know when General Windharn first entertained the idea 
 that his nephew was of unsound naind whether, when he allowed him to rush into 
 London life, he was satisfied with his mode of life whether he remonstrated with 
 him and reproved him and whether he endeavoured to restrain him whether, 
 when he complained of the fondness of his nephew for lew company, he (General 
 Windham) living in London, and in a distinguished position, took any steps to 
 introduce him into better socioty, and to enable him to consort with better 
 company. I should like to know, further, what steps he took to prevent the 
 contemplated marriage, of which he was apprised on the 28th of August; and 
 why he introduced Mr. Jackson to Follbrigg, for the purpose of bringing about 
 a transfer of the estate. To the evidence of the two petititioners who have 
 come forward I give the fullest weight, but I shall endeavour to show 
 the jury what is the effect of it. I will take Lord Alfred Hervey first. He 
 agreed with Dr. Dalrymple that Mr. Windham was an ill-trained and spoiled child, 
 and then gave various details of his after life. (The learned counsel read and com- 
 mented upon the witness's evidence.) The other petitioner, the Marquis of Bristol, 
 who has been examined, does not even venture to hint that Mr. Windham is of 
 unsound mind. The learned counsel commented at groat length on the evidence of 
 Mr. Cheales, Mr. Windham's private tutor at Eton, which he said was inconclusive, 
 and did not justify the opinion at which the witness had arrived. Adverting to the 
 evidence of another tutor at Eton, he observed that Mr. Hale, his mathematical 
 tutor, said that, though ho had made a row when he came up first, he " funked," 
 after being put into the bill, and ever after that, was very amenable to discipline, 
 showing that he acted like any other properly-minded boy. It was onfy when he 
 was treated unfairly or capriciously, as he had been by his private tutors, that 
 he attempted to resist authority. Then, again, Mr. Whiteside, the cornet of 
 Hussars, said that he had never heard any one called " mad" at Eton but Mr. 
 Windham. I (continued Sir H. Cairns) appeal to a!4 who have been at the public 
 Bchools to know whether Mr. Whiteside's acquaintance must not have been 
 very limited at Eton if he has not heard that term applied to more than 
 one boy. The learned counsel commented on the evidence of Mr. Goodwin,
 
 86 
 
 another tutor, as totally insufficient to justify the conclusion at wl-ich he 
 had arrived. The next witness is Colonel Bathursb, who, no doubt, was 
 mortified at not finding a cultivated companion in Mr. Windham during their tour 
 on the Continent. Colonel Bathurst gives as a proof of the cruelty to animals 
 which tlie petitioners wished to make out, Mr. Windham's on one occasion beating 
 a horse he was riding until there were weals on its sides. Of his eating, he said he 
 only saw him eat a little too much ; while of his laughing, he observed that there 
 was nothing particular about it, except it was rather unrestrainable. As regards 
 Mr. Windliam's Cf lling the attention of the ladies to the staling of the mules, nothing 
 of any con sequence could have happened, or the attention of Colonel Bathnrst muse 
 have been called to it, and Mr. Windham would have been obliged to leave the party, 
 or to have made an apology for his conduct. Colonel Bathurst said he did not fre- 
 quently get into a passion, and that he did not see him get into a passion without a 
 cause. As regarded the use of money, the only evidence given by that witness ia 
 that the only injudicious use he had seen him. make of money was to purchase a suit 
 of clothes which were not quite of so good a quality as they ought to have been 
 for a person in Mr. Windham's position. Mr. Horrocks, the next tutor, 
 was with Mr. Windham from October, 1859, to November, 1860. There 
 had been a standing dispute between them from the outset. Mr. Horrocks 
 wanted to travel on the Continent, and Mr. Windham to stay at Pell- 
 brigg. That established at once a casus belli between them. As regards 
 the engagement of Mr. Windham with the young lady of St. Leonard's, and his 
 wishing to turn Catholic, Mr. Horrocks would not deny that all Mr. Windham had 
 ever said on the subject was that he would not mind turning a Catholic to marry 
 that girl. Mr. Horrocks said that Mr. Windham ate like an animal ; but it must 
 have been like that animal called man, for Colonel Bathurst, who had been with 
 him for five months, had never seen anything remarkable afoout his eating. When. 
 Mr. Windham was noisy and boisterous, he threatened him that General 
 Windham would put him into a Junatic asylum when he came from India. Though 
 Mr. Horrocks appears to hare been a very bad tutor, he was a very good prophec. 
 He justified not teaching Mr. Windham anything by saying that he was not put 
 there to teach him anything. That gentleman had been dismissed by the Vice- 
 Chancellor on account of charges made against him of his treatment of Mr. 
 Windham in boxing his ears. The whole narrative of the final dispute between 
 Mr. Wiudham and his tntor was one which does not reflect to the honour of Mr. 
 Horrocks, but it does reflect to the honour of Mr. Windham. Mr. Windham has, 
 with the knowledge of the Vice- Chancellor, been with his regiment of Norfolk 
 militia, by himself, for a whole month. The fact of his having been there entirely 
 annihilated the whole case up to that time as to his being of unsound mind. 
 It is very remarkable that no letted written by Mr. Windham has been 
 brought forward by the petitioners. I propose to prove in evidence some letters 
 written by Mr. Windham to his mother, which are very like letters written by a 
 young man of considerable judgment and ability. The learned counsel then read 
 and commented upon the following letters : 
 
 " St. Leonard's, Sept. 25, 1859. 
 
 " Dear Mama, I have had a hard battle, but I stood my ground against going 
 abroad in spite of Lord Alfred's threats, which he sent to me through Horrocks, 
 saying that if I did not go abroad I should not be allowed to go to Fellbrigg in the 
 autumn ; but I" was more determined than ever not to go when I received these 
 messages from Horrocks. I told him, simply, I might have yielded and gone; 
 but now, since I have been threatened and intimidated, I will not leave Eng- 
 land in spite of any threats. This morning, at Folkestone, he went with a friend 
 of his, who was going to London, to the ticket office, and wished me to come to the 
 station. Well, I walked down, and I saw him go to take two tickets ; so I said, 
 ' Where is the luggage, and where are we going ?' He said, ' It's on board. Here 
 is your ticket for Boulogne.' I said simply, ' Then the luggage may go without me, 
 and so may you. I shall not touch that ticket, or set my foot on the boat.' He then 
 commenced blackguarding me before the porters and people, called me a lunatic, 
 and said I was mad and insane, and never should come to the property. He s&id 
 to his friends, ' Oh, he has had a letter from his dear mother,' with a sneer. I 
 must now say adieu, and with best love to Emily and Constance, believe me. 
 yours affectionately, " W. F. WINDHAM. 
 
 "Direct, Victoria Hotel, St. Leonard's-on-Sea."
 
 87 
 
 " No. 12, Grand Parade, Hastings, Tuesday, 28th. 
 
 "Dear Mama Alfred (Lord A. Hervey) is really too bad. He has written 
 again to Horrocks, telling him to tell me that I shall not be allowed to go to Fell- 
 brigg, as I have not gone abroad, but I shall be sent to some strict tutor's to read 
 till I am of age, in some obscure part of England. He seems to think he is above 
 Sir Wood and everybody else concerned. Now I think very probably we shall have 
 a war with Spain or some other country soon, by what the papers seem to say. 
 Now, what I want is to get our regiment embodied, and then Alfred cannot help my 
 being with them, and allowing me a good round sum of money. Now, if Lord 
 
 C and some others were to try, I think it might be managed that we should be 
 
 embodied and stationed in some jolly place like Shorncliffe or Plymouth. I think 
 yon might ask him, or else I shall try and get into the Life Guards, or some other 
 regiment, as the money is now reduced for commissions. If I go on with this life I 
 shall go melancholy mad. I cannot bear it. Do look sharp and do something. 
 Good bye. Love to Johnson. Believe me, your affectionate son, 
 
 "W. F. WlNDHAM." 
 
 (The Lord C in the above letter was understood to refer to the Earl of 
 
 Clarendon.) 
 
 " Pavilion, Folkestone, Monday Morning. 
 
 " DearSst Mama, Horrocks has written to Alfred stating that we shall be here 
 for some few days, and that he hopes to be across the water some fine morning. He 
 is v,ery much mistaken though as regards that. He has been writing to Lord 
 Belhaven arid others, saying that yon have tried to ruin him for life. You must try 
 
 and settle with Lord C at once, and lose no time when you see him on Wednesday 
 
 in getting him to do the thing at once. Horrocks says that he will never go back 
 to Fellbrigg, and that he should be very soon dead if he was to go ; so we must 
 manage to get the appeal so worded that I can come and live with you altogether. 
 
 I hope Lord C will succeed, because I want to have a London season. If any 
 
 letter comes for me from. Norwich or anywhere, forward it to me here Pavilion, 
 Folkestone. I must now say good bye, with love to mama, Theodore, Emily, and 
 Constance. Ever your affectionate son, " W. F. WINDHAM." 
 
 Sandgate, March 22. 
 
 " My dear Jiama, The reason we left St. Leonard's is rather good. Yon will 
 be much amused how some of our friends find it rather hot for themselves. I found 
 some of our Torquay acquaintances there with whom I used to amuse myself, and I 
 found then that Horrocks had met them abroad. Well, I got to like the place, and 
 enjoyed myself. He found a lot of people he knew, but I only knew these people. 
 Well, we went to their house, and they and I got on very well together. One of 
 them which I liked best was a Eoman Catholic. Well, I found out that they also 
 knew a little about Horrocks, and the moment he saw how matters stood, that 
 I was generally with them, he took it into his head to leave, and almost insulted the 
 young lady he knew of the party, though she shut him up very quickly. Direct 
 Post-office, Sandgate, Kent, to me. I enclose you a note for Sir E. Lacon, which 
 pray forward at once, and explain all which I told you to write as well as to him. 
 Good-bye, dear mama, and believe me your affectionate son, " WILLIE." 
 
 " Saturday Morning, Sandgate. 
 
 " Dear Mama, I told you that we moved here and the reason in my last letter. 
 Well, the adjutant has written to the Horse Guards to get me leave; so, at least, he 
 wrote to Horrocks. Now I want that stopped. You asked me in your last letter 
 how I was off for money. Not very well, considering that I have only 28 shillings 
 a week, and here that soon goes if any of the officers ask me to go with them any- 
 where, and it is no good to ask Horrocks, as he says, ' You only spend it and throw 
 it away.' A donation of a 5 note would be exceedingly acceptable on Monday 
 morning next, if I could get it, but I don't like to borrow, for there is so much row, 
 and one is really treated so much like a dog. Now one cannot get even 100 a year, 
 nor yet enough to amuse myself with, and it looks so foolish for me not to be able to 
 have any money, and people all seem to think so. I must now say adieu, trusting on 
 Monday morning to hear from you, and perhaps to get a little donation in the shape 
 of a 5 note, which will be acceptable. Good bye, dear mama, and believe me 
 your affectionate son, " WILLIAM." 
 
 " Sandgate, March 29. 
 
 " Dear Mama, I got your letter and telegraph. I have written to uncle Hook, 
 and shall also write to Sir W. Wood and tell him I wish to join. I wan'.; my tailor to
 
 83 
 
 make me a pair of trousers (military) for every day. He knows, if you tell him, 
 what sort. 'Try and see uncle Hook and get me 200 a year. Now I must have a 
 yearly allowance, and directly, as I must join with money, like others. It ought to- 
 be paid to Cox and Co., the regimental agents. See to thia at once. I think wo 
 shall go to the Isle of Wight scon. I shall write a letter to Sir W. Wood, whom go 
 and see, and tell him from me I wish to join, and also that my colonel thinks I 
 ought. Look sharp, go and do it, or better go -with Uncle Hook, aa he always sticks 
 up for me and mine. Good-bye. Your ever affectionate son, "WILLIAM." 
 
 " April 25, Sunday. 
 
 " Dear Mama, Horrocks watched me so close, and besides, having no money, 
 I could not get away last Sunday. He goes up to-morrow to London, to see my 
 uncles Hook and Alfred about what is to be done, so look out. I write in haste. 
 Send me my clothes down here ; that is, my blue uniform and my white coat, 
 which I left, and my white waistcoat also. Try and got me two weeks' holiday to 
 spend with you while they are settling, and come down and spend them in the Isle 
 of Wight, and then the Vice-Chancellor will grant it more likely so than for me 
 to come to Brompton. Now do as requested. Love to Johnstone, and believe me, 
 your ever affectionate son, " W. F. Windham." 
 
 " Sunday, 22nd, Victoria Hotel. 
 
 " Dearest Mama, I am happy and contented, praised by the adjutant, and told 
 i march and hold myself, and learn my drill quick and well. I marched this morn- 
 ing at the head of my company. If they attempt to touch me, go to Cambridge 
 at once. That will stop all nonsense. Como down to see me when the weather 
 gets warmer. We are ordered to hold ourselves in readiness for being embodied 
 perhaps. Good by, dear mama; please send me a little donation, as I have nothing, 
 and believe me your affectionate son, " W. F. WINDHAM.'' 
 
 Now would the jury, from what has been expressed of Mr. Windham's youthful 
 conduct, have believed without hearing them that he could have written such, 
 letters as those ? The last tutor Mr. Windham has had was Mr. Peatneld, with 
 whom he was when the Vice-Chancellor decided Mr. Windham was quite competent 
 to determine whether he should go abroad or remain at home. He travelled in 
 Scotland, Ireland, and the Channel Islands. In Edinburgh they appeared to have 
 been very fond of going to the theatre, where Mr. Windham picked up a song from 
 a burlesque of Fro, Diavolo. All that Mr. Peatfield could say of that was that Mr. 
 Windham in repeating it out-heroded Herod. Mr. Peatfield said that liquor excited 
 Mr. Windham, though Mr. Horrocks said that it only made him heavy and sleepy. 
 The whole evidence of that witness is strongly in favour of the perfect sanity of Mr. 
 Windham. The learned counsel, after commenting upon Dr. Nichol's evidence, 
 said that the way in which his father has left his property to Mr. W. F. 
 Windham is a proof that he thought him of perfectly sound mind at the time 
 of his death. Commenting upon the evidence which had been offered by Mr. Johnson 
 and Mr. Scott, the learned counsel said nothing could be more trivial than thafc 
 which they had stated as proof of the unsoundness of Mr. Windham's mind. Coming 
 to the second period to which he had referred viz., that from f he period when Mr. 
 Windham came to Duke-street until the period of his marriage he said I should 
 like to know how the guardians of Mr. Windham and Mr. Peatneld can justify bring- 
 ing him from the country and allowing him to chooso the lodgings in Duke- 
 street, and keep the company which he did there? His bargain with 
 Mr. Lewellin as regarded having wine ai the wholesale price was cer- 
 tainly that of a rational man. His conduct, too, in allowing Mr. Lewellin 
 to take care of money which he did not require, was that of a capable man. He 
 was treated like any other lodger there, and. had a latch-key. Could any conduct 
 be more rational than that by which he had protected himself from an improper and 
 unjust charge on the part of his groom ? If he had all the objectionable qualities which 
 Mr. and Mrs. Llewellin now stated, how was it that they had accepted him as a 
 yearly tenant after having a month or six weeks' experience of his conduct ? The only 
 instance of slovenly dressing which Mr. Llewellin gave was when Mr. Windham came 
 home after driving the train ; and when he himself had stated that he was in a jolly 
 pickle. As regarded the alleged noise he made, the jury must test that by the fact 
 that there was not a single lodger, or neighbour, or passer by, who could be pro- 
 duced, to say that they were annoyed by any one of those noises, or had felt them 
 to be a nuisance. The learned counsel referred to conversations of Mr. Windham 
 with the Llewellins as a proof of his mental capacity, more especially where '.
 
 89 
 
 attempted to blind them as to his intentions in regard to marrying Agues 
 Willoughby. Much of the evidence of the Llewellius was mere rubbish such for 
 instance, as the running naked out of the bath-room, which amounted to nothing 
 morethwi Mr. Windham's partially undressing himself in the office before going into 
 the bath-room, and frequently running from one room to the other to complete his 
 toilette. There is nothing in the evidence, even assuming it all true, which indicates 
 any wilful or designed exposure. The thing is grossly incredible, and overthrows 
 the credibility of the witness, who has involved himself in numberless contradic- 
 tions in giving the evidence. The next piece of rubbish ia the evidence of Mrs. 
 Llevrellin, that when alone with Mr. Windham he had threatened to 
 rip her up. All such things as that generally happened when there was 
 no one present to speak to the facts. Her whole evidence is full of gross 
 and palpable inconsistencies. His shouting could be resolved into the desire 
 of a boisterous young man, who desired to give utterance to his exhuberant 
 spirits by a hunting cry, wishing to do so with the least possible annoyance to those 
 in the house by throwing up the window and hallooing out into an enclosed back 
 yard. As regards the cases of exposure, with which Mrs. Llewellin has charged 
 Mr. Windham, they are clearly and palpably false as regards the second and third 
 times of their alleged ocJcurrenee ; and if the witness can make a false statement as 
 regards the second and third times, she would not hesitate to invent the story al- 
 together. Then, again, with respect to the charge of dirtying the bed, than which 
 there was not an instance in the annals of justice of a more cruel and barbarous 
 charge having been made as between man and man, much less as between a number 
 of relatives and the youngest member of the family. It has been introduced by his 
 learned friend, and stated by witnesses to be habitual, the inference which it is 
 desired should be drawn being of course that it was that want of self-control which 
 frequently attends imbecility ; but cross-examination has reduced the matter to two 
 or three doubtful cases, when Mr. Windham had been suffering from disease. 
 The proceedings were here adjourned until next day. 
 
 FOURTEENTH DAY. FBIDAY, JAN. 3. 
 
 The inquiry into the alleged lunacy of William Frederick Windham was continued 
 in the Court of Exchequer, Westminster, this being the fourteenth day of the pro- 
 ceedings. 
 
 SIR HUGH CAIHHS' SPEECH CONCLUDED. 
 
 Sir H. Cairns continued his opening speech. He said, I have yesterday taken the 
 liberty of reading to you some letters from Mr. Windham, written in the year 1860, 
 principally relating to matters which were then in dispute between himself and Mr. 
 Horrocks, and his own movements connected with them. Letters from Mr. Windham 
 will be produced in evidence, as it were by accident, because letters of that kind 
 will not naturally be kept. It is by the more accident that they are relevant to the 
 inquiry before the Vice-Chancellor that they have been preserved by his mother. 
 Bat since yesterday a few more letters have been obtained, simply by accident ; for 
 Mr. Windham's mother, who lies on a bed of sickness, and I fear on a bed of death, 
 is the only person from whom we could obtain such letters. I will read four letters 
 troin Mr. Windham to Lady Sophia, written while he was at Eton, in the year 1855. 
 The date is not given ; but they written shortly before he left Eton : 
 
 The letters are as follows : 
 
 " Eton, Sunday. 
 
 " My dear Mama, I am very glad to hear you have written. I thought you 
 would have done so before now ; though I do not wish to break my promise, yec 
 it is very hard to find anything to do in fact, there is nothing now, and the ice 
 is so thick. Now, Mr. Youuge took some boys to skate the other day from here, 
 and would have taken me only the promise prevented him. But still I don't wish 
 to break my promise, only, as I say, there is nothing else to do. My cold is bettor, 
 and so is my eye. Have you got Don (his pony) down there with you yet, or 
 not ? Will you write and answer me soon. There is very nearly a fair on tho 
 Thames ; there are quantities of people everywhere. You can skate from King- 
 ston to London on the Thames. So hard is the frost that I had my sponge r nd 
 water frozen this morning in my room, though I had a fire. Five weeks more and 
 1 ehn.ll be at Torquay, I hopo well a.nd sound. Mr. Younge will write to-morrow 
 ov the nes.t day, as I ain writing to you to-night. I have been vaccinated, but it
 
 90 
 
 did not take. My cold is better. Good bye, dear mama, I must finish now. 
 Believe me, ever your most affectionate son, ' W. F. WINDHAM. 
 
 " Eaton, Sunday 18th." 
 " My dear Mama Saturday, the Slat, is the day, at four o'clock, if it all goes 
 
 right. I shall see . I want to give two leaving books, if I may, of a guinea 
 
 each. Will you give me leave ? Mr. Younge will give me an order. Will you write 
 me an answer, please, as soon as possible, because I have chosen them. Mr. 
 Younge is making me get up my collections. May I ride Don up to the house ? 
 Won't he jump, when I see the train come in ? I wish you would let me have one 
 of the retrievers up. I want to make them accustomed to me. I should like 
 Duchess. I think the reason Goodford would not give me leave was because he 
 thought so many others would ask for it also. I don't think they would, because 
 they would not know anything about it. Mr. Younge hopes you have received his 
 letter. 
 
 " Good bye, dear ; I hope I shall see your letter when I come on Saturday. 
 Believe me ever your affectionate son, " W. F. WINDHAM. 
 
 " Eton, Sunday, 25th 
 " Please answer me imme liately about the books." 
 
 "rRimpton, Friday 23rd. 
 
 " My dear mama, I am very sorry for not having written before, but I have 
 so much to do that I have hardly any time for doing anything. May Mr. Hawtry 
 advance me some money about 3 of my next allowance, as I paid several bills 
 myself, and so I have none lefc ? Will you write and let me know soon, please ? 
 I wish to ask you because I thought it was best to do so, as I did not know whether 
 you had told him to give any besides my allowance. I should like a little present 
 of 4, because it is such a temptation to run into debt (if one has no money to 
 pay), as well as to borrow of the other fellows, and as I want things now and 
 then. Besides, there is my drawing lesson, which coses 6d. every time, as I must 
 put up at the hotel, and so it comes rather expensive. I can assure you it is only 
 a guinea and a half if I go there to the man, as it is a public class, but there is 
 only one other person besides myself yet, but if he came here he would charge a 
 great deal more. Dutchman comes very useful for me to ride on every Wednes- 
 day to Sherborne for my lesson in fact, I do not know what I should do without 
 him, as it is a good five miles from here. I have made my money last as long as 
 ever I could", and I spent my last 2s. to get a ticket for the lecture, which we all 
 went to the other evening. Thackeray was the man the celebrated man who 
 went to America. One heard a great deal about him in the papers. So if you will 
 write soon and give me leave to ask of Mr. Hawtry for 4, or half of it, I shall be 
 much obliged. I should have asked to have had the little present of money which 
 you were unable to give me. I wish yon could do it, because I am sure I do not ask 
 without reason thai is, I like to have money in my pocket, and keep out of debt. 
 " Good bye, dear Mama. 
 " Trusting you are well ; and, also that you will let me hare what I ask for, 
 
 " Believe me your affectionate Son. 
 
 "P.S. When will yon come to Bimpton ? ' Gloria Deo m excelsis.' 
 " P.S. I think I shall be home about the 30th or 31st of March. Try and learn 
 ' Euclid,' so as to be able to do it well during my Easter holidays." 
 
 " Tuesday, Dec. 2. 
 
 " My dear Uncle Alfred, Excuse my writing and troubling you again for advice ; 
 but I have received a letter from my uncle Charles, who wants an answer, and I 
 want your advice, because he now says he does not want to send Jeffy away, but to 
 let her live there without any pay, and to give Mary Turner a place under her; and 
 when I receive your answer (or from mama will do) I shall write to uncle Charles. 
 Now the first question is Will Jeffy stay at Fellbrigg without wages or not, and, if 
 she will, what, then, can we give Mary Turner under her, who has only been a lady's 
 maid ? The only plan I can think of is, that Woods should leave mama, because she 
 has not lived in the family except with mama, and let Mary Turner come and live 
 with mama as her maid. Give my best love to grandpapa and mama. I enclose 
 the letter of my uncle Charles to me for you to look at, and when I get your answer 
 Bhall write to him about it. 
 
 " Good bye dear uncle Alfred. This will not trouble you much. Believe me, your 
 affectionate nephew, " W. F. WINDHAM." 
 
 I do not think, after reading these. letters, that the jury will be of opinion that they
 
 91 
 
 have been written by & f boy who had at Eton, according to my learned friend's 
 opening speech, only dfsplayed the instincts of the lower animals, and who was 
 totally nnable to appreciate the value of money, and whose extravagance was so 
 extreme as to amount to positive folly. I have seen many boys of 16 or 17 who 
 could not have discussed the proposition about Fellbrigg with the acuteness, deli- 
 beration, and shrewdness with which it is discussed in the last letter. With regard, 
 also, to the handwriting of the letters, it strikes me as rather remarkable that a boy 
 vrlto had lost the top joint of his thumb at that time, from the accident at Eton, 
 si ould have been able to write aa well as those letters are written. The learned 
 counsel then proceeded to comment at great length upon the evidence of Mr. and 
 Mrs. Llewellin. He said : The partisanship they have exhibited in favour of 
 General Windham has been so apparent that it is scarcely necessary for me to re- 
 mind the jury of it. Added to that, they have contradicted themselves, and each 
 other ; and altogether their evidence is such as will not receive in any court of 
 justice in England the slightest weight or attention. I pass by the evidence of 
 Mr. Corballis relating to matters in Duke-street, as being of no weight; but 
 what has become of all the men servants ? Why have they not been brought for- 
 ward to strengthen the evidence of Mr. and Mrs. Llewellin ? What has become of 
 the lodgers in the house, of the two Mr. Campbells, and Colonel Broughton ? 
 Surely, as Colonel Broughton had dined with Mr. Wiudham, and had made a pilgrim 
 age with Mrs. Llewellin to get up evidence against him, he might have given evi- 
 dence of some value to the case. The Rev. Mr. Bates has told you that his remon- 
 strances with Mr. Windham for swearing produced in him a mixture of sheepish- 
 ness and fear. Surely that was not to the discredit of Mr. Windham. The rev. 
 gentleman has also stated that Mr. Windham told objectless lies ; but when 
 pressed to give an instance of such a lie, he could only specify the occurrence at 
 the South- Western Railway terminus, which, if a lie, was certainly not an objectless 
 lie. Mr. Atkins, the boot-maker, has formed his opinion of Mr. Windham' a state of 
 mind, from his having, on one occasion, ordered two set of boot-trees for one pair 
 of boots ; assuming that he was to snpply two seta of trees for every pair of boots. 
 The fact was that the order bore no such construction, and that Mr. Atkins* himself 
 admitted that two sets of trees for one pair of boots was not an unreasonable order 
 from a gentleman who lived sometimes in London and sometimes in the country. 
 He admitted, also, that the number of pairs of boots ordered was not unreasonable, and 
 that Mr. Windham' s mode of settling his accounts was most business-like, for he had 
 always be en referred by him to his solicitor for payment. As regards the occurrence at 
 Fellbrigg on the 7th and 8th of August, I was surprised that Mr. Hansell ,was 
 put into the box on that matter, instead of General Windham himself, until I 
 found out that it was the endeavour of Mr. Hansell to put a complexion on the 
 matter that would lead the jury to suppose that young Mr. Windham had brought 
 Mr. Jackson there instead of General Windham. Mr. Hansell and Mr. Jackson, 
 who is the nominee of General Windham, talked over the proposal which was to 
 be made to young Mr. Windbam on the evening of August 7. Mr. Jackson, who 
 is said to be the solicitor of young Mr. Windham, the next morning made a 
 proposal which Mr. Windham had never heard of before. That proposal was that 
 Fellbrigg-hall should be taken from Mr. Windham, that he should be made tenant 
 for life only, and that it should be handed over and made a part of the devised 
 estate, subject to the trusts of the devised property, and in return for Fellbrigg a 
 certain amount of the devised property should be given over to Mr. Windham 
 to do what he pleased with. The object of the proposal was that Fellbrigg-hall 
 should co-ne at the right time into the possession of General Windham. That is a pro- 
 position made by one who is said to be Mr. Windham's own solicitor, to a young man 
 legally of age on that day (the 8th of August), though his birthday was not until the 
 9th, and who is now said to be insane. Mr. Hansell has said that Mr. Windham 
 did not understand the proposition ; but his answer to Dr. Winslow showed that he 
 did fully understand it, for he had as accurately described the proposition as 
 a lawyer could have done ; he had at once refused the proposition, and, 
 though Mr. Jackson was left alone for half an hour with Mr. Windham, 
 he said that ho could do nothing with him. Mr. Jackson, the acute London lawyer, 
 told him that he could cut timber from the devised estate, but Mr. Windham said it 
 could not be done, and the will of the late Mr. Windham showed that it could not 
 be done. He said that the proposition was not for his benefit, but for that of Gen. 
 Windhain and his sons, and, having his own interests olear'y and accurately before
 
 92 
 
 his mind, steadily refused to have anything to do with the matter. If Mr. Jackson 
 had prevailed, and an agreement had been made, then you would never have heard 
 of these proceedings, and you would never have heard it suggested that Mr. 
 Windham was of unsound mind. I now come to the third period into which I 
 divided the case. With regard to the marriage, I wish to state exactly the view I 
 desire to present of that part of the case. Wo have had very little given to us by way 
 of evidence of the circnmstaces which led to that marriage. There were two 
 witnesses present at that marriage who could have given much information as to 
 the way in which the relations conducted the inquiry into the state of mind of their 
 nephew, excluding from the view of the jury the full history of the transactions which 
 were only given in such isolated instances as they thought proper to give. They there- 
 fore have simply proved the marriage by the registrar, without calling the witnepsea 
 to the marriage. The whole history of the marriage may be thus stated. Mr. Windham 
 had formed the acquaintance of this lady about the time of Ascot races, in 1861. 
 She was at that time in the keeping of a gentleman whom they would call A.B. 
 She had a very handsome allowance from that gentleman. I believe of 2,000 
 a-year. Mr. Windham was very much struck with her, or, to use a common 
 expression, had fallen over head and ears in love with her. The lady at first 
 was not at all anxious or desirous to leave the position she was in, or to enter 
 into the married state. The gentleman A.B. had no objection that she should 
 do so, and the matter was one of negotiation for some time, the gentleman say- 
 ing that he was willing, if the parties themselves arranged it, to resign all 
 claim upon the lady, and after her marriage to discontinue any acquaintance 
 with her whatever. He is a gentleman known to Mr. Windham, and known by 
 him to be a man of honour. The lady was tempted by Mr. Windham with the 
 offer of a settlement, and she said, very candidly and fairly, what weighed in 
 her mind was the advantage she might derive, not so much for herself as for 
 the benefit of two young sisters, whom she wished to bring up and educate as 
 ladies, and to whom she could by marriaore now give a better position in 
 society than that which she maintained. This had occurred at a time when 
 the subjVct of the position of ladies of this kind in the world had been very 
 much dt- ! atMl and written about in the public newspapers. It was a subject 
 that Mr. Wmdham took gome interest in, and it was the subject of conversa- 
 tion between him and his old, faithful, and attached friend, Mrs. Martin, the 
 housekeeper at Fellbrigg. He did not get any encouragement from Mrs. Martin, 
 to whom they could well imagine how utterly distasteful such a marriage was 
 and would be.^ However, the lady was tempted to entertain the proposal by 
 the advantages which were held out. You will find by the evidence which will be 
 offered that both she and Mr. Windham consulted Mr. Bowen May, a, well-known 
 solicitor in London, who had previously been consulted by her in some small legal 
 affairs. You will find that ftlr. Bowen May had given them both rery whole- 
 some advice. He first suggested to the lady that she might be doing herself 
 an injury by changing her state. He suggested to the gentleman that 
 he was enamoured of a young lady of very expensive habits. He put it to him 
 whether his means were such as to support a wife of that kind. Mr. Windlmm. 
 discussed with Mr. May his means and property. He told him the extent to which 
 he could make arrangement for the settlement to be made on the marriage. Yon 
 will find that the lady first wished for an immediate settlement to be made of 
 1,000 a year. You will find that Mr. Windham, enamoured as he was of the 
 lady, and anxious by any means to accomplish the marriage, demurred fco that, 
 and said that, having regard to his mother's jointure, and taking the state of the 
 property into consideration, he could not in his present state of income, secure so 
 large an immediate annuity as 1,000 a year ; but after some eoneideration the 
 matter was accommodated thus : After most careful consideration by Mr. Windham 
 he said, "If you will take a small annuity for the present, I will agree to an 
 increase in' 1869, when I come into the larger income that I expect to receive 
 then." It then became a question whether the annuity should be for life or in 
 perpetuity. Mr. Windham wished it to be a life annuity. The lady said, " No ; I 
 have told you candidly that I desire to secure a position for my sisters, and to bring 
 them up as ladies. If I had a life annuity which might drop I do not know what 
 would come to them. I must have an annuity over which I can have command, 
 so as, if necessary, to make provision for them." It was an intelligible proposition 
 which might either have been refused or accepted. It was accepted by Mr. Windham
 
 93 
 
 and on that footing the settlements were prepared. All will say that such a marriage 
 was to be regretted as being properly distasteful to society ; but at the same time 
 nobody can say that such a marriage was in the slightest degree evidence of insanity. 
 The medical witnesses have said nothing of the sort. It was a question of taste, 
 and of very bad taste ; but at the same time men often get very much enamoured 
 and infatuated ; there have been instances of such things, and there will be again. 
 If Mr. Windham had married a lady of his own rank in life, and had made such a 
 settlement upon her, would "any one have suggested that they could take the settle- 
 ment as a proof of unsoundness of mind ? If the marriage was only a question of 
 taste, and no proof of insanity, so also the amount of settlement was no evidence of 
 insanity. Now, what was the course taken by the guardians in relation to this 
 marriage ? Although it was so noised abroad as to be perfectly well known to 
 Mr. Hook, Mr. Chappie, and General Wiudham, on the 28th July, none of them 
 had gone to Mr. Wiudham and said to him, " Tell us about this affair, and let us 
 give you advice on the subject." The relatives would not interfere, although, 
 as Mr. Windham was then a ward in Chancery, there was an ample time to 
 have stopped the marriage. Even as regarded Miss Willoughby, whatever might 
 have been her previous life and merits, it was known that she was going to 
 sacrifice the position she held in order to become Mr. Windham's wife, and 
 would it not have been right for some of those who now profess so much 
 distaste for the marriage to have gone to her and said, " Now, do not misunder- 
 stand ; let us inform you of our views on this marriage. We believe that there is 
 not sufficient capacity in point of miud in Mr. Windham to contract a marriage, 
 and if you take any further steps you will do it at your peril." Would not that 
 have been a fair and reasonable course to take even as regarded Miss Willoughby ? 
 But nothing of the kind was done. Yet General Windham was in the habit of 
 seeing his nephew at that time. He had taken him to Mr. Jackson, in Essex-street, 
 to get him down to Fellbrigg. As long as that little affair was to be done about 
 Fellbrigg Hail, there was not a word about incapacity to contract marriage, because 
 that would have been fatal to the little affair of the 7th August ; and it was not 
 until General Windham had been foiled iu his small negotiation, that he seemed to 
 think about the 26th or 27th of August that the marriage had better be stopped. 
 But had he then gone to his nephew or to the lady ? No. He had taken the veiy 
 mild course of saying to Mrs. Martin, "You have a great deal of influence with my 
 nephew ; don't you think you had better go up to town and try and reason him out 
 of this marriage ?" As no interference was attempted on the part of any of the 
 guardians, the marriage had taken place. I now come to a disgusting subject, 
 which I will dispose of as rapidly as poss'ible : that is, the state of health of Mr. 
 Windham at the period of bis mairiage. Dr. Illingworth said that on the 23rd of 
 August he found Mr. Windham suffering from a disease which ought to hare pre- 
 vented marriage. He failed to convince Mr. Windham of its gravity, but induced him 
 to go with him to Mr. Johnson. That eminent surgeon had said nothing to him about 
 marriage. All he told him was that "he must be quiet, and take great care of himself." 
 Vv'o have not heard what had passed between Mr. Johnson and Mies Willoughbv 
 when she called on him but we will show, by a witness who ought to have been 
 called to prove the marriage Dr. Witburn, who knew Miss Willoughby, and who 
 was sent by her before the marriage to examine the state of health of Mr. 
 Windham we will prove that he examined him, and told him that he could observe 
 nothing except an abrasion of the skin, which could be easily remedied ; that it was 
 of no importance, and that there was no reason why the marriage should not be 
 consummated. On the strength of that opinion Mr. Windham concluded the 
 marriage, and Dr. Wbitburn himself was one of the witnesses* to it. The question 
 of the jewels is one which is very easily disposed of. There were two sets of jswels, 
 one purchased before the marriage, and one set afterwards. The set bought before 
 VV.-.Y. worth 6.000 or 7,000. Is that present of jewels an unusual present for 
 t!:i' hc-ir of considerable property, and of illustrious name, to make to a lady to 
 w iiom he is goitig to be married, who is not anxious to marry, and to whom Mr. 
 Vi'iniiliam has to make presents to induce her to do so? The reason of the second 
 set of jewels being presented to Mrs. Windham, after the marriage, has been dis- 
 tinctly stated in the evidence of Mr. Daw, and by Mr. Windham himself to Dr. Winslow. 
 It was to compensate her for the injury which had been unintentionally inflicted on 
 her by Mr. Windbam from his ignorance of the disease under which "he had been 
 labouring at the time of the marriage. Surely that present is no proof of callous-
 
 94 
 
 ness, insensibility, or want of proper feeling. Mr. Daw's evidence, continnod the 
 learned counsel, is of a character to prove distinctly and clearly that, in extending 
 the times of the bills of exchange, the conduct of Mr. Windham was perfectly sane.- 
 and sensible, and that he knew how to look after his own interests in business 
 matters. I will ask the jury whether in the matter of the jewels, altogether, they 
 consider that Mr. Windham acted from what my learned friend calls merely the 
 instincts of the lower animals? ? The timber contract has been much misrepresented. 
 When Mr. Windham came of age he had no ready money. He might have sold part 
 of the Fellbrigg estate. He might have borrowed money on mortgage, or he might 
 have sold timber off the estate. That was the clear and wise course for him to take, 
 and that was the course which he had taken. Now, they will prove in evidence by 
 Messrs. Lawrence and Fry that, in the contract made by them with Mr. Windham, 
 not a stick of ornamental timber was to have been cut. The contract was for them. 
 to take the whole of the timber which might be cut upon the estate to the 
 extent of 5,000 a-year if Mr. Windham insisted upon it. The point of 
 the contract was for the contractors to take all the timber of all kinds 
 oak, beech, chestnut, and sycamore which might be cut. It is a question 
 of the average price of all the different kinds of timber on the estate, and 
 not of oak timber alone, and therefore the contract was as reasonable and 
 proper as the wisest man in the kingdom could make. Messrs. Lawrence and 
 Fry have given a copy of the contract to General Windham, and have told him that if 
 any one would repay them the 1,000 they have advanced on the contract, they 
 are perfectly ready to give it up. Mr. Roberts is not the contractor, although en- 
 titled to a commission for having recommended the vendor to the contractors. Re- 
 ferring to the events which had occurred after the marriage, the learned counsel said 
 that the greatest wisdom was displayed in getting rid of Mr. Buck. In September 
 General Windham visited Mr. and Mrs. Windham, and attempted to make a bargain, 
 which would be laid before them. Mrs. Windham left Fellbrigg and came up to the 
 Euston Hotel, Mr. Wheeler's evidence in this case, as regards the state of mind of 
 Mr. Windham, is most explicit, though he could not remember a single word he said. 
 As regards the fracas, did that indicate any want of sanity on the part of Mr. Wind- 
 ham ? As regards the handbill, it appears that if that indicated insanity, it must be 
 on the part of Mr. Roberts, since acting as an injudicious friend he did it all without 
 Mr. Windham's knowledge. The evidence of the policeman in the Haymarket is 
 not of much value. Although Mr. Windham is not a drunkard he evidently took a 
 good deal of champagne, and though according to a notion of a policeman he might 
 not be drunk, he was still clearly in such a condition that it was most unfair that his 
 conversations in the Ha7^market should be brought forward to prove his state of mind. 
 With respect to the evidence of the guard, who stated that he locked up Mr. 
 Roberts and Mrs. Windham in the same carriage, it must be kept in view that at 
 that time there is not the slightest suggestion that Mr. Windham was acquainted 
 with the statement that Mr. Roberts was intimate with Mrs. Windham before mar- 
 riage. As regards the medical evidence, the object in this case being merely to 
 establish the mental capacity of Mr. Windhara, it is not fair to have supplied sug- 
 gestions to the medical men to drive a man into admissions of unsoundness. It is, 
 in this case, not like a fair examination, but like the torture and rack of the In- 
 quisition. None of the medical men ventured to say that, as the result of their 
 investigation alone, they could have pronounced Mr. Windham to be of unsound 
 mind. That, from opposing witnesses, is a tolerable admission. They all agreec 
 that the conduct of Mr. Windham was respectful and gentlemanly;' and if the con- 
 versation was discursive, it was necessarily BO from the nature of the matter upoi' 
 which they were speaking, arid from both doctors interposing questions at the same 
 time. I object to the mode in which Dr. Winslow and Dr. Mayo conducted the 
 examination of Mr. Windham, that the questions were not put to ascertain the 
 actual state of the mind, far less to elicit proofs of soundness, but to drive 
 Mr. Windham into admissions of unsoundness. Next to the partisan of a 
 plaintiff or a defendant, the most dangerous witness is the partisan of a. 
 theory. Dr. Mayo is the standard-bearer und champion of the theory of moral in- 
 sanity a theory always repudiated by the Bench and the law of England and the 
 jury cannot have failed to be struck by his curious and unfair reasoning. Instead 
 of loading the case with casual and useless witnesses, speaking to things which 
 have no bearing upon the great issue before the jury, I will adduce evidence cal- 
 culated to give a general view of the life and habits of Mr. Windham, and his
 
 95 
 
 capacity for managing affairs. In opening his case Mr. Chambers, referring to my 
 client, frequently used the words " This unfortunate young man." I attribute to 
 my learned friend perfect sincerity and kindness of feeling, and I accept the expres- 
 sion from him in all frankness. Would that the feelings of those who have in- 
 structed my learned friend were equally kindly ! But after all, gentlemen, the 
 expression is a true one. The man is unfortunate who is the subject of such a 
 proceeding as the present. The man is unfortunate who is the subject of a pro- 
 ceeding conducted by his relatives as this has been conducted. The man is un- 
 fortunate who in three weeks has to justify himself for a lifetime of 21 years against 
 those who have had mouths to prepare their case. But have you given a thought 
 to the expenses of this inquiry ? Suppose it were all at an end suppose you come 
 to the conclusion, as I trust you will, that Mr. Windham is of sound mind and 
 capable of managing his affairs what compensation will he receive, I do not say 
 for the facts and events which have been exposed to the public gaze for such things 
 no compensation can be given but for the mere pecuniary loss he has incurred ? 
 Gentlemen, I do not believe that the bill of Mr. Emmanuel large as it is 
 would pay for the costs which Mr. Windham will be left to pay out of his own 
 estate for a proceeding which he has succeeded in defeating. My client is, indeed, 
 an unfortunate man. Other men have passed their youth in excess, in riot, in 
 debauchery. They have purchased, by an expenditure of health and property, a 
 conviction of their folly, and they have settled down into active, useful, if noc 
 brilliant members of society. Other men have had youthful vices and immoralities, 
 over which the kind hands of friends and relatives have gently and tenderly drawn 
 the veil of concealment and oblivion. Mr. Windham has been received on his 
 entrance into public life by a panoramic view unfolded by his relatives to the public 
 eye, in which have been portrayed, not the events of his life, but all such isolated 
 acts as ingenuity or perversion could twist into the appearance of that which is 
 hideous and obscene. And what is the object for which this has been done ? That 
 a young man, the heir to a considerable property and to an illustrious name, who 
 from his boyhood upwards has gone out and come in, who has acted and been 
 treated by all aBout him as capable, and sane, with whom his relatives have dealt 
 and bargained and negotiated upon a footing of perfect equality, who has been 
 deliberately allowed by them to go out into the world and to enter into contracts, 
 including among them the most momentous contract of life, should now be adjudged 
 incapable of taking care of himself, in order that his persecutors should be authorized 
 to administer his estate. In one of the books which Mr. Windham used to read at 
 Eton there is a story told of a tyrant in ancient days who invented for his prisoners 
 the terrible torture of chaining a living man to a lifeless body, leaving the living to 
 die, and both to decompose together. 
 
 " Mortua quin etiam jungebat corpora vivis, 
 Componens manibusque manus atqne oribus ora, 
 Tormenti genus ; et sanie taboqne fluentes 
 Complexu in misero, longa sic morte necabat." 
 
 That, in truth, was a melancholy and terrible fate ; but I own that seems to me a 
 severer punishment, and a more cruel, because a more exquisite and a more enduring 
 torture, which would consign a warm and living soul, with all its sensibilities and 
 affections, with all its hopes and aspirations, with all its powers of enjoying life and 
 everything that makes life valuable, to tho icy and corpse-like embrace of legal 
 incapacity and lunatic restraint. Such, gentlemen, is the torture which his 
 relatives have prepared for Mr. Windham, and of that torture they ask you to be 
 the ministrants and agents. But, gentlemen. I appeal from them to you. From 
 them, from whom I can anticipate no mercy, I appeal to you, from whom I can 
 confidently expect justice. I implore of you, gentlemen, to sweep away the cobwebs 
 which theory and prejudice, which partizanship and ignorance, which interest and. 
 falsehood have woven around this case, and to show by your verdict, as often has 
 been shown before, that, whatever gloss and whatever covering may be thrown 
 around a proceeding such as I have endeavoured to expose, it is at once the 
 highest and most grateful duty of an English jury to detect deceit and to defeat 
 oppression. 
 
 At the conclusion of the learned gentleman's speech, a burst of cheering roso from 
 the audience, which the officers of the court were unable to repress.
 
 96 
 
 WITNESSES FOB THE DEFENCE. DE. H. TUKE. 
 
 Dr. Harrington Tuke (examined by Mr. Karslake) I have entirely devoted my 
 attention to the treatment of diseases or disorders of the inind. I have examined 
 Mr. Windham on several occasions in order to test the state of his mind. Those 
 interviews lasted altogether about 14 hours. I had not previously received any 
 instructions. On the 12th of November, Mr. Windham told me what things were 
 alleged against him his marriages, his purchases of jewellery, his engine-driving, 
 and the barring of the entail of his estates. He said the petition against him would 
 not succeed, and he told me the reason why. The principal mover, he said, was 
 General Windham, his uncle ; but he did not think he would dare to pursue the 
 matter. " The old general," he added, " knows I am quite well." He said his father 
 had saved General Windham from the consequences of some act which he had done 
 years ago by pretending that he was insane. I remarked that it was a disagreeable 
 family quarrel, and that a compromise should be effected. We went to the office of 
 Mr. Coe, his solicitor, in Essex-street, and Mr. Windham there gave orders for his 
 defence against the suit of the petitioners. During our conversations I had many 
 opportunities of seeing his deportment with his solicitor and his counsel. Ho 
 perfectly understood the nature of the proceedings against him, and took a consider- 
 able part in all the discussions, showing great powers of memory and attention, and 
 a thorough knowledge of the nature of his estate, and how it would be affected. 
 During"those interviews I ascertained many facts connected with his history and 
 property, and I read carefully all the affidavits filed against him. It was stated in 
 r,he affidavits that he had no religion. I called his attention to that subject. He 
 told me he was a Protestant, had been confirmed, regularly attended church, and 
 believed in the doctrine of rewards and punishments. He seemed to me to be quite 
 clearonthe subject of religion. On one occasion he said, "This marriage of mine is all 
 my uncle's doing. He would not let me marry a young lady to whom I was much 
 attached." He described her as the daughter of a near neighbour of his in the 
 country. He added, "Things would have been very different if I had married her." 
 The next topic was his education. He told me he had been at Eton in the fifth 
 form, and had read Homer and Virgil. There was a Cicero on the table a volume 
 of the Orations. He eaid he had never read Cicero at school. I asked him 
 whether he could do the first proposition in Euclid. He said he thought he could 
 do it, and wont through it very correctly. We spoke about the value of his estates, 
 and he said Fellbrigrg was worth 3,000 odd a-year, but he had to pay his mother's 
 jointure and his wife's annuity, besides taxes and other expenses, and so had very 
 little remaining for him self. He said his debts were about 25,000 or 30,000. I 
 asked how he propose; to pay them. Ho rented, " Oh ! I hope I shalllive quietly at 
 Pellbrigg. My debts are principally to Emmanuel, the jeweller, and ho won't 
 press me. I shall have 350 a month for my timber, and my mother's jointure 
 must some day fall in." On another occasion he said if ho had no other 
 way of paying his debts he would have to sell his reversion. About his eng ne- 
 driviug he said he was passionately fond of it, and if he were mad for that, so also 
 wore two noblemen whose names ho mentioned. He said he could drive a railway- 
 train to a minute, and added, " You would hardly believe it possible that when in a 
 railway carriage I can time by my watch the exact rate of our progress." I asked 
 about his being calle-i "Captain." He denied that he was called " Captain" as a 
 general rule, or that he liked it ; but he said he was a senior lieutenant, or acted as 
 senior lieutenant, sometimes even as captain, in the Norfolk Militia. I alluded to an 
 insinuation in the affidavits that he had threatensd to shoot himself with pistols ; 
 ho replied, " Oli, those pistols were given to me by my uncle. They are ornamental, 
 and I was fond of having them with mo. My uncle told me he had shot six men 
 with one of them at Cawnpore." He said the charge of having threatened to 
 commit suicide was all nonsense, and he convinced me that it was so. He also told 
 mu that the presenting of pistols at Atkins, the bootmaker, was a piece of fun. I 
 asked him if he had or had not communicated a certain disorder to his wife, and if 
 he had done so knowingly. He said " I loved her too much for that. It has made 
 a dreadful quarrel between us ; she is so dreadfully angry about it." He told me ho 
 had been ill a long time before marriage, but he did not know the disease he was 
 suffering from was infectious. He said he had consulted Dr. Whitburn, the medical 
 attendant Miss of Willoughby, and had been informed that he was in a fit state to marry. 
 I spoke to him about slavering at the mouth. He said he had nearly conquered
 
 DR. FOKBES WIN8LOW.
 
 the ' habit, but the malformation of his month prevented him from getting 
 rid of it altogether. I questioned him about his alleged dirty habits. He 
 replied that the affidavit made by Mrs. Lewellin was a " pack of lies." He said that 
 Ikon one occasion after eating pickled cabbage he had a severe attack of diarrhoea. 
 Speaking of the dinner parties mentioned by the Lewellins, he said he had asked 
 friends to dine with him, but the parties were put off, and it was all untrue about 
 his ordering dinner and forgetting it. I drew his attention to his alleged mis- 
 conduct in the Norwich Theatre. He replied, " Oh, I was rath'er too fast, I sup- 
 pose." He denied all the allegations of the Lewellins as to indecency. He talked 
 about the affidavit made by Horrocks. He said, " Oh, Horrocks will at once say I 
 am a fool. I got him turned out of his place for his behaviour to me, and I argued 
 the case myself before the Vice- Chancellor." He told me he had been at a Roman 
 ' Catholic chapel once, and might have said that he would as soon be a Roman 
 Catholic as a Protestant. He treated the matter lightly, as if he did not think 
 much of it. On the 12th of November I had a second interview with him at the 
 house of Dr. Sutherland. Dr. Sutherland examined him at considerable length, and 
 afterwards Mr. Windham gave him an outline of the allegations against him. His 
 account was an accurate one extremely correct. The next time I saw Mr. 
 Wiudham was on the 5th of December. He came to my apartments in Albemarle- 
 street with Mr. Coe, his solicitor, who brought a placard addressed to " the people 
 of Great Britain," and was very much annoyed at Mr. Windham for having, 
 as he thought, written it. Mr. Windham gave us an account of Roberta 
 having written it, and I think he said that Roberts had signed his 
 name for him, and then asked him to sanction the signature. I told 
 him he had become responsible for it, and said the placard was calcu- 
 lated to do great mischief. He replied, " Oh, as long as it was not libellous, I 
 said to Roberts he might print it." I said to him " Don't y6u think it a great shame 
 to publish the names of all these ladies who certainly do not seem to have taken 
 proceedings against you ? " He said he had not thought of that, but would stop the 
 circulation as far as he could, and after some time he went off expressing his intention 
 to do so. Next day I saw him again, and told him the placard had been circulated. 
 He said " It is a great shame ; that obstinate fellow Roberts would do it. I took 
 them all off in a cab yesterday from Piccadilly, but he sent for them afterwards 
 without my knowledge, and has distributed them all over London." The last time 
 I spoke to him before this inquiry commenced was on the llth of December, the day 
 on which he was examined by Dr. Winslow and TT>r. Mayo. He said he was very 
 much tired and exhausted, and gave me a general account of his interview with Dr. 
 Winslow and Dr. Mayo. Dr. Connolly, who was present, thought he was too tired 
 to undergo another examination, and then Mr. Windham left us. I never, during 
 the whole of the interview, saw the slightest indication of unsoundness of mind. I 
 found no inconsequence, no in coherency, no want of attention. His views appeared 
 to me to be clear and well-defined. At the first interview we waited some time for 
 the arrival of his solicitor. Mr. Windham at last said, " We need not wait any longer; 
 he is always drunk, and I intend having another solicitor." The gentleman in ques- 
 tion was not Mr. Coe. 
 
 The inquiry was again adjourned. 
 
 SIXTEENTH DAY. MONDAY, JAN. 6. 
 
 Tho adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbi-igg. 
 hall, Norfolk, was resumed this day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Rnssell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Mil ward 
 for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 EXAMINATION OF MR. WINDHAM. 
 
 At the opening of the Court this day, the Master said It is the unanimous 
 opinion of the jury and myself that an interview with Mr. Windham, at the close 
 of the case, should take pUice without tho presence of counsel. 
 
 Mr. Chambers said I think this is hardly according to the usual practice. I 
 ask the Master to come to no decision on the subject until the time arrives. 
 
 One of the Jurymen remarked, that in the case of Sir Henry Meux, in which
 
 1UO 
 
 Mr. Chambers himself was engaged, none of the counsel were present at the 
 examination of the alleged lunatic. 
 
 The Master. The same thing happened in a case tried before me down in Devon- 
 shire, when both Mr. Coleridge and Mr. Karslake appeared as counsel. 
 
 Mr. Coleridge begged to remind the Master that the reason why 'neither he nor 
 Mr. Karslake could be present at the interview with the alleged lunatic in Devon, 
 shire was that they were obliged to go to the sessions at Bristol, which happened to 
 be held on the same day j and the learned gentleman added, with a smile, that 
 which fixes the circumstance so strongly in] my memory is that both myself and my 
 learned friend, and, indeed the whole Western Circuit, got into a terrible mess with, 
 the newspapers, because we could not be in two places at one time. 
 
 It was eventually arranged that the question of the presence of counsel at the 
 interview with Mr. Windham should stand over for further consideration. 
 
 DR. TUKE'S EXAMINATION CONCLUDED. 
 
 Dr. Tuke cross-examined by Mr. Chambers. I have seen Mr. Wiudham about 
 ten times in all. I had 20 hours of absolute interviews and long conversations with 
 him. I was alone with him only on the 12th of November. At the first inter- 
 view on the 6th of November Mrs. Windham, Mr. Gwin, Dr. Neale, and Dr. 
 Stevens were present. That interview took place in the drawing-room of the house 
 in Piccadilly. It was Mr.. Gwin who first applied to me to go there. No informa- 
 tion, or next to none, was given to me beforehand. Eoberts was not present ; 
 indeed, I have never seen him. The two medical gentlemen heard only part of the 
 conversation, and for 20 minutes I talked with Mr. Windham alone in the 
 embrasure of the window. I did not learn that Dr. Neale and Dr. Stevens had been 
 brought by Mrs. Windham. Mr. Berry Hutchinson, the solicitor of Mr. Windham,. 
 was also expected. I have already given an accurate account of the conversation. 
 Mr. Windham told me, in the presence of the medical men, that his uncle, the 
 General, would not dare to get into the witness-box; but it was when we were alone 
 that he referred to his father having saved the General many years ago from 
 a serious charge under the plea that he was insane. The medical men seemed 
 to pay little attention to the conversation ; but it is possible that they may 
 have heard all that passed while they were there. They left the house in about 
 hilf-an-hour after my arrival. Mr. Windham also told me that another uncle 
 whom he did not name, but who he said was always drunk, who had 
 suffered from delirium tremtns, and who was nearly blind, would not dare 
 to appear in the witness-box. I think he said that the gentleman in question was 
 his eldest uncle. I do not recollect his saying that General Windham had had 
 deliruin tremens ; bub he may have said so. I distinctly state that it was General 
 Windham who he said had been protected by his father under the plea that he was in- 
 sane. [Here Mr. Chambers handed up to the witness a few sheets of paper containing 
 notes which Dr. Tuke had produced while under examination by Mr. Karslake the 
 day before, and asked him to refresh his memory upon the point to which he had just 
 spoken.] I see I have written in my notes that the words used by Mr. Windham 
 were, " My eldest uncle has had delirum tremens, and rny father saved him from, 
 prison by pretending he was mad. His character will not bear investigation, and he 
 knows I am quite well." The explanation is that I have confounded the two uncles 
 in. my notes. When I made the notes I wrote what my impression was at that 
 time, but my recollection is now quite clear that it was Genei'al Windham, and 
 not his eldest uncle, whom he said had been saved from prison by his father, on the- 
 ground of insanity. The notes I now hold in my hand are not the original notes, 
 but copies of the original notes and of some other notes which I made on margins 
 of the affidavits. I destroyed the original notes. I am aware that it is always im- 
 portant to preserve original notes ; but in the present instance their destruction is a 
 matter of little importance, because the notes before me are correct copies of 
 them, with the additions J have mentioned. I am quite positive that Mr. Windham 
 told me that his eldest uncle had haddeZirtwm tremens. His eldest uncle is Captain 
 Windhaia. 
 
 Mr. Chambers. And he never had delirium tremens. 
 
 Mr. Karslake. I object (o my learned friend giving evidence in this case, espe- 
 cially since Captain Windham will not come into the witness-box. 
 
 Mr. Chambers. He and all other petitioners will come into the witness-box if you 
 call them.
 
 101 
 
 Mr. Karslake. A precious proposal, indeed! 
 
 Witness resumed. I agree with Dr. Winslow that the sanity or insanity of Mr. 
 Windham will depend upon facts and facts alone. Among the affidavits I read 
 that of Dr. Buck. I regarded it as quite immaterial, but I spoke to Mr. Windham 
 about one statement in it to the effect that he had nearly cut off his hand. Mr. 
 Windham explained the occurrence. I did not question him as to another statement 
 in the affidavit of Dr. Buck viz., that when Dr. Buck was sent for to see Mr. Wind- 
 ham at Fellbrigg, in September, he was asked by Mrs. Windham whether he did not 
 think her husband was being poisoned by his relatives. I wish you to understand 
 that I entirely wiped out of my mind the notion that Mr. Windham was labouring 
 under delusions. If he had told me that he had suggested to his wife the idea that 
 his relatives were trying to poison him I think I should have attributed it to a de- 
 lusion. It would also have indicated very weak intellectual capacity. There are 
 absolute idiots, and there are persons afflicted with deficiency of intellect and im- 
 becility of mind. Among the imbecile class, not qualified for the Asylum for Idiots, 
 there are many persons of unsound mind. It is quite possible that some of these 
 persons may have admirable memories that is, on one or two points ; but the 
 general rule is quite the reverse. Some imbeciles may be educated, and be able to 
 be taught Latin and Greek, but such casss are very rare, and where the imbecility 
 is congenital little or nothing in the shape of education can be imparted. In cases 
 of congenital imbecility the memory deteriorates as time goes on. I told Mr. 
 Windham himself that I thought in four or five years he wouJd be a lunatic or kill 
 himself if he persisted in such habits as those which were attributed to him in the 
 affidavits. The habits I referred to were drinking and dissipation. I gathered from 
 Mr. Windham that he was addicted to drinking, though his own words were that ho 
 .sometimes got " fresh ;" and unless I am greatly mistaken there is a statement in 
 four of the affidavits to the effect that he had been seen drunk. He told me that 
 he was engaged to be married to a young lady in the country the daughter of a 
 near neighbour of his own but bis uncle, ths General, prevented the marriage. I 
 made no inquiries to ascertain whether his statement was true or not. I did not 
 hear subsequently that the lady lived in one of the western counties. I never asked 
 him to account for his marriage with Miss Willoughby, nor did I ever speak to him 
 about the circumstance of a i'ormer paramour of his wife's having slept in the same 
 house with her the uight before her marriage. I always 'took his truthfulness for 
 granted, and never thought of testing it. I told hkn that he was represented ia 
 the affidavits as being in the habit of telling objectless, causeless, transparent lies. 
 He denied the allegation, and in our interviews I never detected him in telling 
 useless and purposeless falsehoods. It is very likely that I joined with Mr. Cole, his 
 solicitor, in attempting to persuade him to break off his acquaintance with Roberts, 
 because I was at that time under the impression that Roberts was a swindler. I 
 have no recollection, however, of having done BO. I had some conversation with 
 Mr. Windham about some person having been intimate with his wife after the 
 marriage. He told me that the circumstance was brought to his knowledge by two 
 letters written by Mrs. Windham having come to him from the Dead Letter- 
 office. He said he was very angry, and proposed never to speak to her 
 again, because the letters were addressed to another gentleman as " My 
 
 dear darling ." This conversation took place in my rooms in Albemarle- 
 
 street, in the presence of his solicitor. I believe at that time Mrs. Windham 
 was away hunting in the neighbourhood of Melton Mowbray. Mr. Windham. 
 
 did not tell me that his wife had followed "her dear darling " to 
 
 Dublin, Glasgow, or the north of England. I was told that she had done so be- 
 fore marriage. If I were to be told as a fact that Mr. Windharn knew that his 
 
 wife had folllowed her " dear darling " to Glasgow after her marriage, and 
 
 that, nevertheless, he still continued to cohabit with her, I should say his conduct in- 
 dicated a weak intellect, if I were not aware that Mr. Windham was and is h'rmly 
 convinced that Lhe same state of health which prevented his wife from sleeping 
 with him must also have preveted her from having criminal connection with auy 
 other gentleman. On one occasion he said, " I know what Agnes Willoughby 
 was ; but I never will believe that Agnes Windham could be false to me 
 until it is proved." He told me that immediately before the marriage Miss 
 "Vlllloughby said to him, " William, you are ill ; I have seen Mr. Johnstoue, and 
 I know you are." He replied, " 1 think I am not." Miss Willoughby then asked 
 him to allow_Dr. Whitburu to examine him. He consented, and Dr. Whitburn,
 
 .102 
 
 shaking him by the hand, and almost with tears in his eyes, said, " My dear boy, 
 you are all right ; you need be under no alarm." Mr. Windham also told me that 
 Dr. Whitburn attended the marriage and gave the bride away. I did not call his 
 attention to the allegation in the affidavit made by Mr. Johnstone, the surgeon, 
 that shortly before the marriage he was consulted by Miss Willoughby, and that her 
 told her Mr. Windham was most certainly not then in a marriageable condition. I 
 was not disposed to question him about the story of his having infected his wife, 
 but I spoke to Mr. Johnstone on the subject, and he told me that when he saw Mr. 
 Windham before the marriage the disease had assumed so virulent a shane that ifc 
 did not occur to him to give Mr. Windham any caution about it. I believe that Mr. 
 Windham is of perfectly sound mind and capable of managing his affairs. I have 
 never said that he is unfit to manage his property. 
 
 Re-examined by Mr. Karslake. When the conversation about the letters to " Mv 
 
 deav darling " took place, Mr. and Mrs. Windham were living apart. Mr. 
 
 Windham was very angry, and he spoke to Mr. Cole, his solicitor, about the matter. 
 Mrs. Windham said in my presence that she would never live with her husband 
 again, and I do not suppose they have lived together since. Before that Mr. Wind- 
 ham had said that' he had made his wife ill; that she was greatly enraged at it, 
 and threatened not to live with him again. During the interviews I had with him 
 there were many statements mad,e by Mr. Windham which I could not have investi- 
 gated without the power of calling witnesses before me ; but they were all, as far as I 
 could judge, perfectly consistent with truth. All the inmates of the Asylum for Idiots 
 were born idiots. I know all the characteristics of idiocy. Mr. Windham is cer- 
 tainly not an idiot, nor could it ever enter my mind that he is an imbecile when I 
 consider his powers of observation, the manner in which he instructed his solicitor 
 about his defence, and his delicacy in conversation when talking upon matters which 
 afforded opportunity for the introduction of indelicate remarks. 
 
 By the Jury. The idea of his sanity is perfectly consistent with his getting into 
 debt to the amount of 25,000 or 30,000, and giving 14,000 worth of jewellery to 
 his wife. My explanation is that he was so desperately in love with his wife that 
 he gave her the jewels in order to secure her affections. I do not believe that a 
 sane man would knowingly communicate a particular disease to a woman with 
 whom he was in love. Mr. Windham did not know that his malady was infectious. 
 
 By the Master I think' that the fact that the jewellery was intended for the use 
 of his wife, and was to be at Fellbrigg-hall, may be regarded as a justification of the 
 outlay; but if that outlay had been 60,000 instead of 14,000 it would have 
 indicated weakness of mind. Had Mr. Windham settled the whole of his estate upon 
 his wife I should have taken it as a proof of unsoundness of mind, 
 
 DE. SEYMOUR. 
 
 Dr. E. Seymour examined by Mr. Milward. I have directed my attention to dis- 
 orders affectisg the mind, and have written on the subject. I was for eight years 
 one of the metropolitan Commissioners in Lunacy. During that time, I periodically 
 visited every lunatic asylum within the bills of mortality, and had many opportuni- 
 ties of testing the minds of alleged lunatics. On the 7th November, I was asked to 
 see Mr. Windham. On the following day he was brought to me, but he was not 
 alone, and I refused to examine him. Subsequently, I had a private interview with 
 him, and conversed with him on the subject of the charges against him. After we 
 1 had talked for some time, I said to him, " Well, sir, as far as I can judge 
 < from your manner and appearance, I think it is impossible for a jury to find you of 
 , unsound mind ; but if you will call again and furnish me' with the accusations made 
 >( gainst you, I will examine you more completely." In consequence of that Mr. 
 ole, the solicitor, sent me copies of the affidavits. I made myself master of their 
 contents, and I next saw Mr. Windham on the 14th. Upon that occasion I entered 
 seriatim into the principal allegations in the affidavits. I said, " First, you are ac- 
 cused of falling into most violent and irrational passions." " Yes," he replied, " I 
 am very passionate ; my father was passionate ; and I am very sorry for it." I 
 then spoke to him upon the imputation of gluttony, especially mentioning that he 
 had eaten as many as 18 eggs at breakfast. He replied, " The number is greatly 
 exaggerated, and I never had anything else for breakfast." I then spoke to him 
 about his alleged cruelty to animals. He denied the accusation. I next callwi 
 his attention to the charge about his singing " Old Bob Ridley," and such 
 trash as that. He acquiesced, and said he had a habit' of humming and beating
 
 103 
 
 such tunes on many occasions. I told him lie was a silly fellow. I then 
 spoke to him about his marriage, saying it was a very wrong thing and deeply to 
 be deplored ; but, inasmuch as the very same action had been committed by the 
 wisest, noblest, and richest in the land, I should not take it as a proof of insanity. 
 He seemed very much hurt at the way in which I characterized his marriage in 
 the first instance. I then spoke about the jewels. "You are charged," I said, 
 " with having spent an enormous sum, in comparison with your means, upon jewels." 
 He replied that he was very much in love, and that he had given far more jewellery 
 to his wife after marriage than before it. He added that he had given her a COH- 
 siderable quantity after marriage because he had done her a serious injury. I then 
 spoke about the state of his health at the time of his marriage. I told him his 
 conduct was very vicious ; but, as vice had never been reckoned as insanity, but 
 the contrary with some people, and as I had had the misfortune in a long profes- 
 sional life of knowing similar cases, in which men had married, being incapacitated 
 as he was, I could not myself take it as a proof of insanity. He denied positively 
 that he had had connection with his wife before marriage. He said that the gentle- 
 man with whom she had lived before marriage was willing that he should marry 
 her, and promised as a man of honour never again to have intercourse with her. 
 The interview lasted about an hour ; his manner was gentlemanlike and proper, 
 and he answered directly and readily. But for the affidavits I should not have 
 thought there was anything the matter with him. He was not incoherent. I saw 
 him again on the 4th of December, and the interview lasted about an hour. He 
 told me that the object of the petition was to prevent him barring the entail 
 of the Fellbrigg property and cutting down the timber. He said General 
 Windham called on him after the marriage, spoke to him very kindly, and wished 
 to sell him a small property, which he agreed to take. He then said and this 
 remark struck me very much "If my uncle thought me mad why did he try to 
 make a bargain with me ?" I asked him about his education. He said he had been 
 at Eton, and gained his remove into the lower fifth form by examination. He also 
 told me that on that very morning he had done a proposition in Euclid to the satis- 
 faction of D*r. Sutherland. He admitted having gone with guards on th railway, 
 and sometimes worked the engine. He said he had purchased a Complete suit like 
 a guard, and bought a railway whistle. He remarked that many young men did the 
 same. I told him I had heard so. I was with him a sufficient time to enable me to 
 form an opinion upon his state of mind. I saw nothing sufficient to justify me in 
 saying that he' is of unsound mind. He is certainly not a lunatic; he is under no 
 delusion. Mr. Windham, if I may use the term, is a very young man for his age, 
 unable to judge properly, but I have seen no radical defect in his mind. He is 
 capable of managing himself and his affairs, and I think this inquiry will have a 
 considerable effect in improving him. It will have a steadying effect upon him. 
 
 Cross-examined by Mr. Chambers. It will make him more like a man. I think 
 he has mind enough to profit by the lesson. I believe that if his majority could have 
 been kept back for two years he would not have acted as he has done. I know 
 many young men of his age, in possession of their property, who have weaker minds. 
 The cross-examination of the witness was not concluded when the Court ad- 
 journed. 
 
 SIXTEENTH DAY. MONDAY, JAN. 6. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windbam, of Fellbrigg. 
 hall, Norfolk, was resumed to-day in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Ginbilei, the mother of 
 the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. 
 Milward for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. 
 Windham. 
 
 ILLNESS Of A JUBYJIAN. 
 
 At the sitting of the Court an announcement was made to the effect that Colonel 
 Anderson, one of the jurymen, was unable to attend from illness. Dr. Ballard, the 
 Medical attendant of Colonel Anderson, stated that the gallant gentleman was 
 Buffering from a severe attack of congestion of the lungs, and that it would be dange- 
 rous to his health, perhaps to hia life, to continue his attendance in court. Colonel
 
 104 
 i 
 
 Anderson, he added, had been suffering more or less for a fortnight, but he had been 
 much worse since Saturday, and was now confined to his bed. 
 
 The Master said, I am extremely sorry to hear the statement of Dr. Ballard, and 
 I suppose I must discharge Colonel Anderson from further attendance. 
 
 Mr. Chambers asked whether the trial could go on lawfully in the absence of one 
 of the jurymen. , 
 
 Mr. Karslake considered it so essential for the interests of Mr. Windham that all 
 the jurymen should hear the case to the end, that he must protest against the 
 continuance of the inquiry in the absence of any one of them. 
 
 Mr. Coleridge, for Mrs. Windham, joined in the protest of his learned friend. 
 
 The Master asked Mr. Chambers whether he proposed, in the face of the pro- 
 tests from the other side, to take upon himself the responsibility of going on with 
 the inquiry. 
 
 Mr. Chambers was not prepared to say what should be done, but it struck him, 
 although he knew of no precedent for it, that it would be perfectly legal to proceed 
 with the case in the absence of Colonel Anderson. 
 
 The Master said, The Act of Parliament requires that there should be a verdict of 
 at least twelve jurymen. As the jury originally consisted of twenty-three gentlemen, 
 and the absence of Colonel Anderson will still leave twenty-two, I see no reason why 
 the case should not be .proceeded with. A lawful verdict may be returned if there 
 are no more than thirteen jurymen present. 
 
 Mr. Karslake did not wish to argue the question, which was one of principle, but 
 he might remark that in an ordinary civil or criminal case, it was indispensable 
 that all the jurymen should be present from the beginning to the end. 
 
 The Master said, The learned gentleman is perfectly correct, but the reason is that 
 the verdict must be unanimous. Such is not the case here, for, as I have stated, 
 the Act only requires that the verdict shall be concurred in by twelve jurymen. 
 
 A juror remarked that the case of Sir Henry Mem was tried before only seventeen 
 'jurymen. 
 
 Mr. Karslake was avrara of that fact, but those seventeen jurymen were the only 
 gentlemen sworn to hear and try the case. A larger number had been impanneled 
 in this case, but that made no difference with respect to the matter of principle. 
 His argument was that the case could not go -on in the absence of any one of the 
 jurymen, whatever the number might be whether seventeen, as in the case of Sir 
 Henry Meux, or twenty-three, as in the present instance. 
 
 The Master said he had from the first contemplated such a contingency as the 
 present, and for that very reason he had secured a larger number of jurors than 
 usual. 
 
 The Jury intimated, through their foreman, that they were very anxious to pro- 
 ceed with the case at once. 
 
 Mr. Chambers said the only analogy which occurred to him was that of a grand jury, 
 which, according to the ancient law of England, ought to be composed of twenty- 
 three gentlemen, but which frequently consisted of not more than fifteen or twenty. 
 The finding of a true bill by twelve gentlemen was never disputed. 
 
 Mr. Coleridge said it was not impossible than when the jury, reduced by the 
 absence of Colonel Anderson to twenty-two gentlemen, retired to consider their 
 verdict, they might be equally divided. Supposing, then, that Colonel Anderson 
 when discharged from further attendance had a strong impreemon in favour of Mr. 
 Windham, was the latter, by no fault of his own, and without his consent, to be de- 
 prived of the vote of a gentleman who had been impanneled to try ' the case, and 
 had heard all the evidence? Moreover, if the remaining jurymen were equally 
 divided, there could be no verdict, and the whole inquiry would end in enormous and 
 useless expense. 
 
 Mr. Chambers admitted that the difficulty stated by his learned friend on the 
 other side was a very grave one, and he knew of no precedent for the present case. 
 The Master said If the jury consisted of twelve gentlemen, and one had 
 retired, I could not have proceeded even with the consent of parties. But, as the 
 jury is still composed of twenty-two gentlemen, and it can return a verdict according 
 to the Act, I think we may go on. The inquiry has already lasted fifteen days ; 
 fearful expense has been incurred, and I am not prepared at so late a stage to take 
 the responsibility of discharging the jury. It is simply a choice of evils. If I wer% 
 to be pronounced by the Lords Justices in error in discharging the jury under exist- 
 ing circumstances, the consequences would be disastrous, -for there would be a fresh
 
 105 
 
 inquiry, and the whole of the expenses would be incurred again. On the other hand, 
 supposing I were to say the case might proceed, it is not likely that the expense of 
 finishing the inquiry will be at all equal in amount to that which lias already been, 
 incurred, and which will simply be so much money wasted if the jury are now to Jbe 
 discharged without returning a verdict. When the verdict is reported to the Lords 
 Justices the question of its validity may be argued by the parties interested, and it 
 will remain for the Lords Justices to determine whether I am right or wrong in the 
 course I now propose to pursue. I will take a note of the protest made on behalf 
 of -Mr. and Mrs. Windham, but, under all the circumstances, I think I shall exercise 
 a sound discretion in ruling that Colonel Anderson shall be discharged, and that 
 the case shall be continued to its natural termination before the remaining jurymen. 
 lluled accordingly. 
 
 COMMENTS BY THE PUBLIC PRESS. 
 
 Mr. Chambers, addressing the Master, said Before we begin to-day I wish to 
 make an observation. I know that I shall be laying myself open to censure. I care 
 not. I deem it my duty, in consequence of statements that have been made to me, 
 to suggest to the consideration of the Court, whether it should not caution the public 
 press against making any comments on the case whilst it is proceeding ; also against 
 making comments on the evidence that has been given on the one side or the other. 
 1 need hardly state, because it is so pertinently obvious to all sensible men, that 
 nothing can be more dangerous to the impartial administration of justice and any 
 proceeding of law whatsoever. In the first place it may seriously injure those whom 
 it is intended to serve 
 
 The Master Are you founding your address to the Court on anything that has 
 actually happened ? 
 
 Mr. Chambers Yes. Upon occurrences that have taken place more than once. I 
 am so instructed. 
 
 The Master Do you mean comments on the evidence ? 
 
 Mr. Chambers Commentaries on the evidence of the witnesses, and on the nature 
 of the case as it is proceeding from day to day. I was about to say this and I 
 submit it to the attention of all those who have written the articles with reference 
 to the proceedings in this case I say it may have the effect of injuring the parties 
 whom it ifl intended to serve, because there are those who are unwise and indiscreet 
 enough to suppose it would be wrong for me to imagine that any such thing can 
 occur that the press is open to influences of a very despicable character, and the 
 consequence might be, if that b^e the supposition, that the parties intended to be 
 served might, in point of fact, be seriously injured or utterly ruined. On the other 
 hand, while a proceeding of this important description is going on, if one party in 
 the press, or one set of newspapers, proceeds to take one particular view, injustice 
 it niay be said that another party or another set of writers Hiight take a different 
 view, and the result inevitably would be that, instead of the case being tried as it 
 ought to be, impartially and justly, by the evidence that is presented to the jury, 
 the determination, ultimately, when the case comes to a conclusion, according to 
 the best of their ability, that a state of excitement would be got up in the public 
 mind which would baffle and entirely destroy the character and the great objects of 
 English justice. Therefore, sir, with a most perfect desire that everything should 
 be done fairly and justly, I submit to your consideration whether it would be fit 
 that a caution should be made to those writers who may have inadvertently taken 
 this course, with a view that we may have a free and pure exercise of that impartial 
 justice which belongs to this country ; the free liberty of the press being always a 
 trust highly prized by those who have enjoyed its blessings and received its advan- 
 tages. But, at the same time, it being the duty of every man that desires to 
 support that great liberty which we all boast of it being the duty of every man, 
 especially when he is engaged as an advocate, to state publicly that which is brought 
 to his knowledge with reference to the course taken, with a perfect conviction that, 
 if a caution be given, such commentaries will in future be abstained from. 
 
 Mr. Karslake I will only say one word. I hope not a word that has fallen from 
 my learned friend will be taken in any way as reflecting on the character of those 
 who are conducting this defence. There were expressions which fell from my learned 
 friend, probably inadvertently, and they were accompanied by remarks which seemed 
 to imply that it was in consequence of some secret agency which was at work. All 
 I have to say is this : I do trust that the public and the jury, and everybody who
 
 106 
 
 is concerned in this case, will suspend their decision upon it until they have heard 
 the whole evidence in the case. 
 
 Mr. Coleridge I stand also on the same side of the court as my learned friend 
 Mr. Karslake, and as some misconstruction might be placed on my silence, if I were 
 to observe silence, I beg to say that if directly or indirectly Mr. Chambers meant 
 to cast the smallest imputation on me or any person who instructs me, I repudiate 
 it with the utmost indignation. 
 
 Mr. Chambers I had not the least conception of any such thing. 
 
 Mr. Coleridge And I join with Mr. Karslake in saying that as Mr. Chambers has 
 made an address to the jury through the Court, I earnestly hopes all parties, includ- 
 ing those who have to pass judgment on the case, will wait till they have heard 
 the whole of the evidence before either they make up their minds or express their 
 opinions. 
 
 Mr. Chambers. I will say one word. I never had the remotest intention of 
 imputing to the highly respectable solicitors who have the conduct of this case that 
 they would lend themselves in any way to any kind of dealing with the press for 
 the purpose of advancing, or perhaps destroying, the interest of their clients ; for 
 I believe they would not. But I venture to suggest that unfortunately there were 
 those who might take a different view, and imagining even the most respectable 
 newspaper might have been biassed in writing the articles, then the very party 
 intended to be served might be seriously injured. Of course, as far as Mr. Karslake 
 and Mr. Coleridge are concerned, I do not intend to insinuate anything of the sort, 
 but it was an observation arising out of what I have received information upon. I 
 myself have read but one article on the subject ; the others I have not seen, for I have 
 been so engaged that it has been impossible for me to read the divers newspapers ; 
 it has been brought to my attention. Pity 'tis it was so, and I hope it will not 
 happen again. 
 
 The Master. Are you alluding to something in the papers to-day ? 
 
 Mr. Chambers. I believe the morning papers. 
 
 The Master. I have seen the Times this morning. 
 
 Mr. Chambers. The Times has abstained most cautiously from any observations. 
 
 The Master. The Times has reported the case fully and fairly. 
 
 Mr. Chambers. It has abstained cautiously from auy comments on tho case. 
 
 The Master. All I can say is, I am very much concerned for the necessity that 
 has arisen for this serious intimation to me, and which I have not the least doubt, 
 from the character of counsel, is founded on knowledge justifying this application to 
 me. By the 48th section of the Lunacy Eegulation Act it is enacted, " that any 
 person executing an inquiry with a jury, while so employed shall have all the right, 
 power, authority, and discretion as a judge of a court of record." I think it is in my 
 power, under that section, to prohibit the publication of the evidence from day to day, 
 if I think it inconsistent with the course of justice to do otherwise. 
 
 Mr. Chambers. It was done in the case of " King v. Clement." 
 
 The Master. I was alluding to that very case. The law arises out of that ve^ 
 matter, but after this public intimation by counsel I hope it will not be necessary 
 for me to interfere in any way. It was unnecessary for Mr. Coleridge and Mr. 
 Karslake to make the repudiation which they have done on the part of their respec- 
 tive clients. The solicitors engaged in this matter are eminent firms, whom I know 
 perfectly well, both of them, by reputation. Those disclaimers have been made 
 which were utterly unnecessary in my opinion, and, I believe, in that of the jury. 
 
 Several jurors : Yes, quite so. 
 
 The Master : I do take this opportunity of solemnly entreating the members of 
 the public press for the future, as they love the pure administration of justice, to 
 abstain from that which has now been imputed. 
 
 The subject then dropped. 
 
 Mr. Karslake stated that, since the adjournment on Saturday, inquiries had been 
 for the purpose of ascertaining whether there was any court in Westminster-hall 
 which could be secured for the sittings after Thursday next. He understood that 
 there was none fit for the purpose, and expressed his hope and belief that there was 
 no foundation for the impression which had gone abroad, that they were going to sit 
 in one of the committee-rooms upstairs. 
 The Master. Heaven forbid ! 
 
 Mr. Chambers. That is the only comment whjch the Times has made. 
 The Master. It is not a comment, but a statement.
 
 107 
 
 It was then arranged that an application should be made for the use of the West- 
 minster Sessions-house. 
 
 The examination of witnesses was then resumed. 
 
 DE. SEYMOUR CO>,TINUED. 
 
 Dr. Seymour, cross-examined by Mr. Chambers. At my second interview with 
 Mr. Windham I taxed him with the charge of cruelty, in having caused a horse to 
 be shot in a passion. He told me that the leg of the horse had been broken, and 
 that the animal was shot upon the advice of th'e people in the stables. He did not 
 tell me that he was charged with cruelty to the horse when it was suffering from the 
 broken leg. I made no inquiries into the truth of the charge. He told me that he 
 was not intemperate in either drinking or smoking. I believe that is correct. When, 
 he told me that he was in the habit of driving a railway engine, and that he had 
 purchased a complete suit like a guard, he added that many young men did the same. 
 I told him that I had heard so. I have never heard that other yonng men clothed 
 themselves like railway guards, but I have been told in society of three young noble- 
 men who are in the habit of driving the engine. 
 
 The Master That is not very satisfactoiy information for the public. 
 Witness resumed. I have never heard of young nobleman being driven home 
 in a brougham covered with soot and dirt, like a stoker. Mr. Windham never 
 spoke to me of his having been in love with or engaged to a young lady living in 
 the country. I did not question him about the statement in the affidavit of the 
 Lewellins, that he had stated to them that Miss Willoughby had been left 600 
 a-year by her father. I did not ask him to give an account of the sudden vanish- 
 ing of that 60,000, nor did I speak to him at any great length about his presents 
 of jewellery to the lady. The fact is that so many young men have been led into 
 extravagance by love that his purchases of jewellery did not strike me as important 
 in an inquiry into the state of his mind. You remember the lines 
 " What lost the world and make a warrior fly ? 
 
 The timid tear in Cleopatra's eye." 
 
 I think this inquiry will improve Mr. Windham. So veiy solemn a process will 
 have a steadying effect upon him. He has reason enough to profit by the lesson 
 When I saw him he seemed to be impressed with the importance of conducting 
 himself with propriety during these proceedings. I advised him to abstain from 
 boisterous or silly acts in future. Upon all occasions he expressed himself in an 
 extremely affectionate manner ? to wards his wife. He never told mo that she had 
 been unfaithful to him since th'e marriage. I have never seen them together. He 
 did not tell me that in consequence of her infidelity he contemplated proceedings 
 in the Divorce Court, nor did he tell me that proceedings had actually been, 
 commenced. If I were told that when he spoke so affectionately about his wife * 
 he was under the impression that she had committed adultery, and that he 
 contemplated a suit in the Divorce Court in consequence, I should have regarded 
 his conduct as inconsistent, but should not have taken it as a proof of insanity. 
 It would have been one of those inconsistencies which are too common to 
 mankind. 
 
 Re-examined by Mr. Karslake. I read the charge of cruelty to a horse in the 
 affidavits. He said the men in his stablea would come forward and give evidence 
 on the subject. He told me that he neither drank nor smoked. I asked him 
 especially about drinking, because, in my judgment and experience, it is the most 
 fertile source of insanity. Prom what I have heard in society I believe that certain 
 young noblemen are in the habit of driving railway engines. I can give you on 
 paper the names of the young noblemen in question. One of them is now a duke. 
 Another is connected with the Court. 
 
 Mr. Chambers. I can state that, although such is the public report, it is not 
 correct. 
 
 Mr. Karslake. I hope my learned friend will not persist in giving evidence. 
 
 Witness resumed. Boys of all ages are untruthful, and I do not accept falsehoods 
 as proofs of insanity. I think that Mr. Windham would have been very much 
 improved by care and kindness. When vulgar and bad habits are once contracted, 
 they are not easily removed ; but my impression is that as Mr. Windham mixes in. 
 good society he will improve. 
 
 By the Jury. I am not aware that one of the noblemen to whom I have referred 
 was a director of the railway, and drove the engine in his official capacity. I under-
 
 108 
 
 stood he did so for his own amusement. Mr. Windham left school much too early. 
 He is young for his age, as I said before, but he has mind enough to take care of 
 himself and his property. His mind is sound, though he is rather slower than some 
 other young men of his years. I know several persons who were much worse than 
 Mr. Windham, and who have improved sufficiently to manage themselves and their 
 property. I expect that Mr. Windham will make even greater progress than has 
 been made in those cases. 
 
 By the Master. I do not believe in moral insanity. No amount of what is called 
 eccentricity would, in my opinion amount to insanity. If a young nobleman were 
 to choose to act as a sweep, and carry a soot-bag in the streets, I should not there- 
 fore consider him of unsound mind. . 
 
 MR HANCOCK, CHARING CROSS HOSPITAL. 
 
 Mr. Hancock, chief surgeon of the Charing-cross Hospital. I have carefully ex- 
 amined Mr. Windham's mouth. It is a peculiarly shaped month. The upper jaw is 
 exceedingly narrow, and drawn so much to a point in front that there is room for only 
 two teeth. It measures rather less than an inch from one front molar tooth to the 
 other, whereas the average width oi well-developed jaws is from lin. to IJin. The 
 roof of the mouth, or hard palate, instead of being a plano-concave is extremely lofty 
 and shaped like a pointed arch, so that it diminishes to a very greatdegree the cavity 
 of the nose. The depth from the soft palate to the back of the throat is unusually 
 great. The lower jaw is also narrow, but not so much contracted as the upper one. 
 His tongue is fully developed large in proportion to the size of the jawa. This 
 condition of the mouth would affect very materially the sound of his voice, and lead 
 to or favour very much the slavering that has been described, and also the noisy and 
 apparently disagreeable mode of eating. It would also have a considerable effect 
 upon the appearance of his face, and would likewise very much affect ths tone of 
 his laugh. I should doubt whether Mr. Windham could halloa or laugh as other 
 people do. The relative volume ol the different air passages is so very much inter- 
 fered with by this formation of the moiitb that the sound of the voice and the laugh 
 must be materially altered. In deglutition the tongue is always pressed against 
 the roof of the mouth, and in the natural formation of the mouth the act of 
 swallowing is done almost unconsciously ; but in consequence of the extreme 
 height of the roof of Mr. Windham's mouth, that formation would require 
 some unusual attention from the party himself ; so that, while from the si ze 
 of the tongue and the contraction of the jaws, the pressure upon the 
 salivary glands would produce, when Mr. Windham, was excited an unusual secre- 
 tion of saliva, the height of the roof of the mouth would prevent that saliva 
 being conducted down the throat in the usual way. The same remark applies to 
 ,the swallowing of food. The peculiar structure of the hard palate must interfere 
 with the passage of air through the nose by inspiration, and it is obvious that in 
 Mr. Windham's case, in order to obtain the passage of the proper amount of air 
 into the lungs, he has fallen into the habit of keeping his mouth open, and this habit, 
 added to the peculiar action of the muscles of the upper lip, gives that apparently 
 vacant look which appears about the lower part of Mr. Windbam's face. 
 
 By the Master. I have seen similar mouths before, presenting similar results. 
 
 Witness resumed. The formation of the back of his mouth would lead to snoring. 
 He told me that some years ago his mother took him to Mr. Lintott, a dentist, 
 who extracted some of his teeth, and then introduced a plate with pegs or wedges 
 into his mouth for the purpose of stretching the upper jaw. He also told me it was 
 a formation prevalent in his family on the maternal side. He referred to three 
 persons in particular who had a peculiarity of the same description. He told me his 
 mother had attributed the slavering to his having been tongue-tied as a child, and 
 the operation having been improperly performed. I asked him whether he 
 recollected it, and he laughed and said, "I recollect a good way back, but 
 I don't recollect that, for I was an infant at the time." My examina- 
 tion was made, I think, on the 17th of December. He told me he had 
 nearly cured himself of the slavering. I saw him first on the 1st of November. 
 On that occasion I was with him nearly three-quarters of an hour. Dr. Neale was 
 present. I had no previous knowledge of the case. When I went to Piccadilly 
 Mr. Windham accompanied Dr. Neale and myself into a room. I placed him in a 
 chair opposite the window that I might watch his countenance while he was talking 
 to me. He told me that he wished to see me because his uncle, General Windham,
 
 109 
 
 was endeavouring to prove him insane ; that long before he came of age the "eneral 
 had spread reports that he was an idiot and squandered his money ; that it was 
 very foolish of the general to treat him so, because he had over and over a^ain told 
 him that it would be the worse for him and for his sons. " But it was no use," he 
 added, " and therefore, as my father left me power by his will to cut off the entail, 
 I have done so." He also told me that upon a more recent occasion the general 
 
 had sent him word that if he married he would be if he wouldn't have him 
 
 locked up. I asked him whether he had any evidence to that effect, and he replied 
 that his uncle sent the message through his bailiff. He then continued, " He 
 accused me of keeping improper company, alluding to Mr. Roberts. Mr. Roberts 
 has been a good friend to me, for you must know that I have only come into a 
 portion of my property 3,000 a year. Of this I have to pay my mother 1,500 
 a year, and 1 leave you to judge whether I can support a wife and keep up a large 
 place in the country, besides having apartments in London, upon the remainder. I, 
 therefore, was in want of money. My father had always cautioned me against getting 
 into the hands of the Jews, and I was determined not to do so. Now, Mr. Roberta 
 was with me at my estate in the country, when one day outriding he said, ' Why should 
 you borrow money, paying interest upon interest, when you have the money here 
 upon your estate ? You have so many trees ; they are being spoilt, and I can intro- 
 duce you to a timber merchant who would not attempt to cheat you by taking the 
 timber in a lump, but would pay you so much a foot for it.' Of course I consented, 
 and he accordingly introduced me to Messrs. Lawrence and Fry, who are very 
 respectable timber merchants, and who paid me 1,000 down, agreeing to give me 
 some 350 a month up to 5,000 a year for four years, or 20,000 in all." He said, 
 " The trees hav u not been cut for so many years that, so far from the estate being 
 injured, it wculd be much benefitted by having the timber cut down ;" and he added, 
 <; You may depend upon it I shall take care that they don't cut down anything that 
 will icjure the estate." He told me that after his marriage, on coming to town, he 
 could not r.fford to take a house, and therefore his wife advised him to take apart- 
 ments in Mr. Roberta's house, he being her trustee. He declined telling me what 
 rent he paid, but he assured me it was not exorbitant. I asked him whether they 
 could bring any accusation of intemperance or extreme extravagance against him. 
 He said, " No ;" he lived well, but was not intemperate, and he was very fond of 
 driving horses, but there was nothing in that. I asked him how may horses 
 he kept. He replied that before his marriage he kept only two, bub that 
 since then, as his wife was fond of riding on horseback, he had bought 
 a riding horso for her, another for himself, and two carriage horses. I said, 
 " Yon have six in all ;" to which he replied, " No, only tho two riding horses and 
 the two carriage hordes.'' I then asked him how much food he gave his horses. 
 He said, " I keep them down at my estate in the country, and I am very particular 
 that the grooms don't cheat me. I allow the horses as much as they can eat, and 
 each has four feeds of corn a day. You can easily tell how much ic has in the 
 course of the week." I said, "But how much do you make it yourself?" And he 
 answered, " We calculate differently in Norfolk from what yon do in London. You 
 calculate by the bushel or quarter, we calculate by the boll ; but it is somewhere 
 about a sack of corn per week for two horses.'' I said, " You have not mentioned 
 tho straw." " Oh," he replied, " that doesn't cost me anything, my tenants are 
 obliged to supply mo with fchat." I then said, " As insanity has been alleged against 
 you, have you ever been examined by any medical man on the part of General 
 Wiiidham ?" He replied, " I don't know whether it was a medical man or no, but 
 somebody called me upon a short time ago pretending that he came about a debt 
 which he 3aid was owing to him by my mother. I therefore began to suspect, and 
 very quietly bowed him cut of the room, saying he must know as well as I did that 
 I had nothing to do with my mother's debts." I then said I was sorry to hear 
 that his wife had left him. He said very ealmly, " Yes, she has; but I know where 
 she is. I have employed a detective to trace her, and I am going to Scotland this 
 eToning to bring her back." I cautioned him against using any violence, 
 lest it should be brought forward against him ; and he said " You need 
 not be afraid. I can be firm without being violent. She knows that I 
 have right on my side. I shall tell her that I am acting under my lawyer's advice, 
 and that the law gives me great power as a husband, and I shall, therefore, tell her 
 to come home without making any piece of work." He then added, " Here again
 
 110 
 
 they are spreading all manner of reports about my wife; among others, that 
 
 when I married her she owed Emmanuel, the jeweller, several hundred pounds ; but, 
 in fact, she owed him somewhere about 60, which she paid out of her own money." 
 I think that was the whole of the conversation I had with him. I told Mr. Bury 
 Hutchinson, the solicitor of Mr. Windham, ^;hat I was only a consulting surgeon, 
 and did not pay special attention to mental diseases. I therefore advised that he 
 should send for Dr. Sutherland, Dr. Tuke, Mr. Connolly, and Mr. Lawrence, who 
 were considered first-rate authorities on such subjects. Dr. Winslow's name was 
 mentioned ; but Dr. Neale had previously informed me that when he called on Dr. 
 Winslow in the morning for the purpose of obtaining his services he found General 
 Windham sitting in the waiting room, and, consequently, nothing further was said 
 about Dr. Winslow. I frequently in the course of my practice meet with cases of 
 insanity. During my interview with Mr. Windham I neither saw nor heard any- 
 thing which would justify me in arriving at any other conclusion than that he is of 
 sound mind. His demeanour was characterized by perfect self-possession, perfect 
 calmness, and total absence of levity, especially when he referred to his father. I 
 observed no signs of slavering. I should say that Mr. Windham, as far as his 
 physical appearance goes, is a well developed young man. He seems to me to 
 have plenty of animal spirits, and is the kind of man who would be fond of athletic 
 exercises. 
 
 Cross-examined by Mr. Chambers. The formation of Mr. Windham's mouth 
 would not lessen the space filled by the brain. There are the two orbits, and the 
 whole cavity of the nose between the cranium and the roof of the mouth. The 
 peculiar formation of Mr. Windham's mouth is not confined to idiots, nor are idiots 
 restricted to that formation. It may be observed in idiots, but it occurs in other 
 cases as well. Mr. Windham did not tell me how long he had worn the plate in- 
 troduced into his mouth by Mr. Lintock, the dentist, for the purpose of shielding 
 the upper jaw. I made an affidavit in this case, but I have gone more into detail 
 in my evidence to-day. I did not ask Mr. Windham how it happened that his wife 
 had gone to Scotland. 
 
 He-examined. In my opinion the formation of Mr. Windham's mouth has no rela- 
 tion at all to the question of his sanity or insanity. 
 
 DR. GWIN, HAMMERSMITH. 
 
 Dr. Gwin, examined by Mr. Karslake. I am a medical man, practising in . 
 Hammersmith. I am a native of Norfolk, and it was my uncle who proposed 
 General Windham at the last election. Early in September I saw Mr. Windham 
 in Norwich, and upon his invitation I went to Fellbrigg-hall on the 23rd. Mrs. 
 Windham and Mr. Koberts were there. Mr. Windham consulted me professionally 
 about his throat. I attended him for some time, going down from town for the 
 purpose. He made a pecuniary arrangement with me himself. I went out shooting 
 with him. He proved a capital shot and a good driver. His demeanour was that 
 of an ordinary person. I never saw him do anything that could not be done with 
 propriety by a person of sound mind. 
 
 By Mr. Coleridge. I had never seen nor heard of Mrs. Windham before I went 
 to Fellbrigg-hall, near the end of September. On the 23rd of September I know 
 she was perfectly well ; since the 8th of October she has suffered very severely. 
 
 Cross-examined by Mr. Chambers. Mr. Windham never told me of certain letters 
 which had been returned to him from the Dead Letter-office. I accompanied him 
 down to Scotland on Sunday, the 3rd of November. He told me that he wanted me 
 to go with him to Glasgow, and mentioned something about a paramour or lover of 
 Mrs. Windham. He said he suspected that she had been unfaithful to him with 
 that person and had ran away with him to Glasgow, where he was then living as a 
 member of an operatic company. I told him that owing to the illness she was 
 suffering from, it was not likely she could be unfaithful to him at that time. He 
 did not tell me, as far as I recollect, that he had received information that they were 
 sleeping in the same bedroom in the hotel. He did not tell me that Mrs. Windham 
 had been in Dublin with the same individual after her marriage. He informed me 
 that he had received a letter from his wife saying she was staying in Dublin. Mrs. 
 Windham left Fellbrigg owing to her husband's illness on the 29th of September, 
 and she returned from Dublin on the 8th of October. I was not aware that the 
 opera singer was in Dublin at the same time. I slept all the way to Glasgow, 
 arid have no idea how Mr. Windham got on. During the. journey I did not hear
 
 Ill 
 
 him shout out the name of the person whom he suspected of cohabiting in Glasgow 
 with his wife. We did not succeed in finding Mrs. Wiadham. After staying only 
 forty minutes in Glasgow we returned to Londom, and Mrs. Windhara was found 
 in the Euston Hotel. In Glasgow we were told by the landlord of the hotel iu which 
 Mrs. Windham had lived that while there she conducted herself with perfect pro. 
 
 priety. Mr. , I think, was still in Glasgow, for I saw his name in a playbill in 
 
 the hall of the hotel, but we took no steps to find him out. Mr. Windham sat in 
 the carriage all the way to London. 
 
 The cross-examination of the witness was not concluded when the Court 
 adjourned. 
 
 SEVENTEENTH DAY. TUESDAY, JAN. 7. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. "Windham, of Fellbrigg- 
 hall, Norfolk, was resumed on this day, in the Court of Exchequer, Westminster, 
 before Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for 
 Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 DR. GWIN CONTINUED. 
 
 Dr. Gwin, cross-examined by Mr. Chambers. After Mr. Windham and I re- 
 turned from Glasgow we found Mrs. Windham at the Euston Hotel, and remained 
 there with her till late at night. Mr. Windham has complained to me that his wife 
 had deceived him in her statement that she had known only one man before her 
 
 marriage, Mr. . He never mentioned to me that he had discovered that she 
 
 had been connected with a young gentleman ia a dragoon regiment. I have not 
 the least recollection of his saying that she had ruined a young man. He told me 
 that Mrs. Windham disliked Roberts ; but he did not say that the reason was that 
 she had slept with Roberts in Wilton-place, or anywhere else. He has men- 
 tioned to me lately that Roberts told him he had slept with his wife before 
 her marriage. He did not say that Roberts stated he had slept with her after 
 as well as before marriage. I do not remember whether he said he believed 
 
 Roberts or not. He told me that Mr. , No. 1, with whom she acknowledged 
 
 having lived with befoi% marriage, slept in the same house with her on the eve of 
 the marriage. He never said that she had cohabited or gone to Paris with Mr. 
 
 , No. 2. I have no recollection of his telling me that she had left his house, 
 
 gone to Dublin, and committed adultery with a foreigner. He did not tell me that 
 she had grossly deceived him about the marriage. I have attended him up to the 
 present time, and am now attending him. I ceased to attend Mrs. Windham on the 
 20th of November, but she had a consultation with me about the state of her health 
 last Friday. I have seen Mr. Windham from time to time when he came down to 
 this court. I saw him speaking to his wife last Friday. Mr. Windham and I gofc 
 into her brougham, and we put him down at Morley's Hotel. She sefc me down in 
 Regent-street, and she went her way and I went mine. I do not know where she 
 is living. Mr. Windham has told me that he has seen her occasionally during the 
 inquiry, but lie did not say that he has lunched with her. 
 
 By the Master. When they were in the brougham together they were respectful 
 to each other, and conducted themselves calmly and quietly, as any other man and 
 wife would do. 
 
 Re-examined. I told Mr. Cole, the solicitor, confidentially what took place in 
 Scotland when Mr. Windham and I went down there, but I told nobody else. I have 
 been questioned about many conversations which I had with Mr. Windham about 
 his wife. I repeated those conversations to Mr. Cole confidentially, but to nobody 
 else. Mr. Cole ceased to act as solicitor for Mr. Windham on the 6th of December, 
 shortly before the commencement of the present proceedings. I saw Mrs. Windham 
 professionally on Friday last for an hour. She was still suffering from the same 
 disease which she was labouring under on the 8th of October. On the 23rd of 
 September I examined Mr. Windham at Fellbrigg-hall, and found him suffering 
 from the disease. I made a communication to Mrs. Windham on the subject, and 
 asked her whether she had received any warning. In consequence of what passed 
 between us I examined her, but could detect no active disease. She left Fellbrigg 
 on the 2Gth of September, and returned on the 8th of October. I examined her on
 
 112 
 
 that day, and discovered that sine must have been suffering from the disease for 
 several days. She continued at Fellbrigg, till the 12th of October. I went down on 
 the 13th and found her gone. During our journey to and from Scotland there was 
 nothing in the demeanour of Mr. Windham which at all attracted my attention. I did 
 not notice anybody in the train who seemed to be watching our motions. 
 
 By the Jury. Mrs. Windham left Fellbrigg on the 26th of September with her 
 husband's consent and upon my advice. Mr. Windham received a letter from her, 
 saying she was staying in Dublin. He did not seem to be surprised at the receipt 
 or contents of the letter, and I suppose he knew she had gone to Dublin, though I 
 cannot speak with certainty. I have had no conversations with Mr. Windham about 
 the jewels, nor do I know what has become of them, ll never found anything 
 incoherent or unconnected in his talk. During the journey to Glasgow I found him 
 a pleasant companion. He described the country and the difierent breeds of sheep as 
 we went along. I believe he has broken off acquaintance with Boberts. 
 
 MISS BAUSCHEN, NUR9EKT GOYERXESS. 
 
 Miss Rauechen said I was formerly in the late Lady Bristol's family as nursery, 
 governess. Afterwards I went to Fellbrigg-hall to take charge of young Mr. Wind- 
 ham, who was not quite four years of age at that time. I left when he was about 
 his sixth year. I found him a very high-spirited child, requiring a great deal of 
 chastisement at his lessons, which, however, he did pretty well much better than 
 the child I had charge of previously. I considered him sharp and intelligent in 
 his lessons. His father and mother treated him very indulgently. I have seen him 
 imitating the butler and waiting at table in their presence. His father seemed 
 pleased at it, and had a suit of clothes made for his son for the express purpose of 
 enabling him to wait at table. After I left Fellbrigg I met young Mr. Windham 
 occasionally in London with his father. The last time I saw him was in 1850 : ho 
 was then in his tenth year. I never saw in him any signs of any want of intel- 
 lect ; he was just like other boys, and appeared to be of sound mind, competent to 
 learn his lessons and conduct himself properly. 
 
 Cross-examined by Mr. Chambers. He used to be punished by getting an extra 
 lesson. I never saw a whip used to him. He waited at table frequently, but I never 
 heard of him going to the kitchen and washing up dishes. He had a pony, and was 
 very fond of it. He rode generally very siswly. He spoke plainly, but thickly. 
 When I saw him in London with his father I believed he wa still fond of waiting at 
 table. On these occasions the Wiadharaa were on a visit to the Bristol family in 
 St. James's-square. I never heard of Lady Alfred Hervey having been frightened 
 by him. 
 
 Cross-examined. When I saw him in London his voice was much improved. He 
 behaved himself, as far I know, very well in St. James's-square. 
 
 By the Master. The peculiar formation of his mouth was observable in childhood. 
 I never saw the saliva running from the corners. 
 
 MBS. MARTIN, BAILIFF'S "WIFE. AT FEI.LBKIGG. 
 
 Mrs. Martin, wife of the bailiff at Fellbrigg, said, My husband now ho-ds the home 
 farm. From 1832 recently, I was cook and housekeeper at Fellbrigg. Lady Sophia 
 and Mr. Windham alw ays treated me as a confidential servant. I recollect young 
 Mr. Windham being born. He was an only child. Old Mr. Windham was quick, 
 hasty, and passionate at times. He was always proper in conversation, but I was not 
 much in his way. As young Mr. Windham grew up I saw a great deal of him. He 
 was, and is very fond of me. He was about eight years of age when he went to 
 school first. He came home for his holidays from time to time. In 1854 he went to 
 Eton. While at home he spent a good deal of his time with me in my room of an 
 evening. When a child he used to amuse himself in the kitchen. He was not 
 checked at all in that habit. Old Mr. Windham farmed himself, and was a great 
 deal out of doors. When the boy came home he very frequently accompanied his 
 father about the estate, and he learned to ride at a very early age. When he was 
 about seven years of age he began to play whist. The party usually consisted, 
 when there was no company in the house, of Lady Sophia, Mr. Windham, the boy, 
 and myself. That went on till the deatli of old Mr. Windham. When the boy went 
 down to the kitchen there were many old servants in the house, and he 'used to be 
 with them a good deal. His amusement of a morning in the kitchen consisted of 
 playing at railways, opening and shutting doors, and calling out the names of 
 the stations. The servants petted him, and the father used to say, " Poor little
 
 115 
 
 fellow, let him amuse himself; he has no playfellows." That is a fact. He 
 had no companions of his own age. He was fond of imitating people. At limes 
 he waited at table in the presence of his parents. His father had a livery made for 
 him bine coat, red waistcoat, red plush breeches, and dress buttons. It was the 
 Windham livery. He wore the livery both before and after he went to school He 
 used to come into the kitchen to carry up the dishes with the other servants. In 
 doing so lie imitated the airs and manners of the servants. After dinner he helped 
 the servants in the pantry. All this was well known to his parents. He did not act 
 thus when there were strangers in the house. He continued working with the ser- 
 vants until the death of his father, and wore the livery until it became too small for 
 Mm. The family were a good deal alone. After dinner old Mr. Windham generally 
 fell asleep. Sometimes the parents were very indulgent to the boy ; at others they 
 were very severe. Their treatment of him was irregular and capricious. I at- 
 tended old Mr. Windham on kis deathbed. The son came home from Eton in time 
 to see his father die. He used to enter the bedroom, shake his father by the hand 
 and kiss him. His conduct at the funeral was becoming. On his return from the 
 church he cried very much, kissed me, and asked me net to leave him. I replied, 
 " I promised your father, and I will not leave you until you are twenty-one." Ho 
 said, " I am very glad of it," and then went off with Lord Alfred Hervey. His man - 
 ner towards me had always been very kind and affectionate. He was quick and hasty, 
 resembling his father in many respects in making a noise, laughing, singing, and 
 whistling about the house ; but he was generally kind to all the servants. He did not 
 like to lose at cards, and used to become pettish when the game was going against him. 
 He played whist very well. When young Mr. Windham and his tutors were at Fell- 
 brigg; there was very little company in the house. , Mr. Martin and myself used 
 to play whist of an evening with Mr. Horrocks and Mr. Windham. Mr. Windham, 
 who was at that time about eighteen or nineteen years of age, was quite able to hold 
 his own at cards. He had horses, and spent the greater part of his time in the open 
 air. His father was not a reading man. Both father and son were regular church- 
 goers. The church is in the park, and the whole of the parish belongs to the 
 Windhatns. The conduct of youngjMr. Windham in church was always unobjection- 
 able. I saw little difference between the way he went on, and the ordinary 
 demeanour of his father in the house ; both made a good deal of noise, and noise of 
 the same kind laughing, singing and whistling. Young Mr. Windham was a8 
 cleanly in hie habita as other boys, and never misused his bed. In 1856 there was 
 something said of me leaving. I wrote to Mr. Windham that I had been discharged, 
 and in consequence of hia interference an arrangement was made by which I 
 remained. Hia manner on all occasions was that of a rational and sound man. I 
 was a good deal distressed at his marriage. Two daya before it took place General 
 Windham sent for me and my husband to Hanworth-hall, and told us he had been 
 telegraphed for to stop the marriage. That was the first time I believed 
 the report. The general requested us to go at oace to London, as he believed 
 wo could do more to stop the marriage than he could, and he said he would 
 follow us next morning. Myself and husband went off directly, and 
 arrived at Duke-street about five o'clock in the morning. We saw Mr. 
 Windham, and did all we could to prevent the marriage. He said that he would 
 not marry, but would go down to Fellbrigg with us. He did not keep his promise, 
 and the next thing I heard of him waa that he was married. Mr. Windham came 
 to Fellbrigg about a week afterwards, accompanied by his wife and two of her 
 sisters young girls about sixteen years of age. I was not disposed to live in the 
 house any longer, and myself and husband went to the Home-farm. Subsequently 
 I saw General Windham at Fellbrigg-hall, while Mr. and Mrs. Windham wer 
 there. I believe he saw his nephew. During the absence of old Mr. Windham 
 Lady Sophia used to have the servants up into the dining-room to dance and 
 romp about to amuse the child, while she played the piano in the drawing-room. 
 
 Cross-examined by Mr. Chambers. I think that young Mr. Windham waited at 
 table when he came home from Eton for the holidays. After he finally left Eton I 
 saw him wipe glasses in tho pantry, but I do not think he waitad at table. When 
 Mr. Horrocks was at Fellbrigg Mr. Windham used to go to the pantry, but he did 
 not wash up the dishes, lie wiped the glasses and romped with the maids. He 
 did not tuck up his shirt-sleeves. He discontinued amusing himself in the kitchen 
 by playing at railways some time before his father's death. After he loft Eton he
 
 116 
 
 had a railway whistle, and used to blow it. I am not aware that, when Mr. Horrocks 
 or Mr. Peatfield was at Fellbrigg, Mr. Windham was in the habit of slamming doors 
 to imitate the opening and shatting of carriage doors on the railway, but he con- 
 tinued to blow the railway whistle. The noises he made were not different from 
 those which his father made ; they might be a little louder, but that was all. I did 
 not know that they were sometimes made during the night. I have observed him 
 elavering, and have told him to use his handkerchief more. Sometimes he would 
 do so, and sometimes not. His manner of speaking and his habit of slavering have 
 greatly improved during the last three or four years. He continued his holloaings. 
 Old Mr. Windham seldom swore in the house before the servants, but I have heard 
 him swear out of the house. I have also heard young Mr. Windham swear, but 
 very little. It was long before his death that his father said, " Poor 
 little fellow; let him amuse himself ; he has no playfellows." There 
 were some young children belonging to the families in the neighbourhood, 
 but I never saw any of them at the hall. The other members of the Windham 
 family lived a good distance off, I did not think that young Mr. Windham was a 
 troublesome boy, or that Mr. Horrocks had considerable difficulty in keeping him 
 in order. Mr. Horrocks had not a tedious task. [Here, at the request of Mr. 
 Chambers, a letter addressed by the witness to Mr. Horrocks in June, 1840, was 
 read by the clerk. " I am sorry," it said, " that you have had so much trouble and 
 annoyance with Mr. Windham, and think you are relieved from a very tedious task."] 
 I cannot state precisely what I meant by the words " tedious task" in that letter. 
 Mr. Horrocks used to want his pupil to read more than he was disposed to do ; but 
 they went out a great deal together, and on the whole, I think, got on very well. Some- 
 times Mr. Horrocks chid him for making a noise. Before I got the information from 
 General Windham I did not believe that Mr. Windham was going to be married. A 
 rumour had reached my ears that the lady was not of good character. Shortbp 
 afterwards I saw Mr. Windham in London, and I told him what I had heard. He 
 said it was not true that he was going to marry a person of bad character. When I 
 showed him a portrait of Miss Willoughby which he had sent down to Fellbrigg, and 
 asked him whether that was the lady he intended to marry, he laughed, and said, 
 ** Don't believe half you hear." On the 28th of August Mr. Windham agreed to 
 meet me and my husband at the Shoreditch Station and go down with us to 
 Norfolk, but he did not keep his promise, although his things were all packed up by 
 his groom. 
 
 Re-examined. Mr. Horrocks and Mr. Windham rode out a great deal at Fellbrigg. 
 What I mean by saying that Mr. Horrocks chid his pupil was that he would call him 
 a silly fellow and try to imitate him. Colonel Bathurst was at Fellbrigg on ^a visit 
 while Mr. Horrocks was there. He stayed about a week. In the evening Mr. 
 Horrocks used to allow Mr. Windham to fall asleep, and then amused himself ia his 
 own way. 
 
 By the Jury. Young Mr. Windham did not always speak the truth, but he did 
 not tell more falsehoods than other boys. He and his uncle, the General, were 
 always on good terms. She had never been asked to give evidence for the petitioners. 
 By the Master. Witness saw very little of Mrs. Windham at Fellbrigg. When I 
 eaw Mr. Windham in London, on the 28th of August, I told him that his uncle would 
 get a commission of lunacy against him. I wanted to frighten him more than 
 anything else. He said, " He is up to that, is he ? On what grounds ?" I think 
 Mr. Windham quite able to manage himself and to give orders in his own house, but 
 I can say aothing about the management'of his property. 
 
 CHARLES MEERING, HEAD CAHEKBER AT FELLBHIGG. 
 
 Charles Meering, head gamekeeper at Fellbrigg, said I have known Mr. Windham 
 from his earliest years. He has carried a gun for the last five or six years, and has 
 always conducted himself very well in the field. He loaded his own gun when he 
 thought proper, and when he did not, he gave it to his servant, like other gentlemen. 
 He gave orders himself to witness about everything connected with the game and 
 shooting parties, and interested himself a good deal in the prevention of poaching. 
 He is a good master, and always behaved well to me. Sometimes he recalled to me 
 -old shooting events which occurred when he was very young; witness himself could 
 hardly recollect them. Old Mr. Windham was hot and passionate, and when he was 
 " put up" used to swear a great deal. Young Mr. Windham conducted himself while 
 vout quite as well as his father. Witness thought his mind was perfectly sound j 
 -nobody would ever get him to believe anything else.
 
 
 117 
 
 Cross-examined by Mr. Chambers. Mr. Windham was pretty much like other 
 young men. His manners were not more odd than those of other people. I have 
 never said I was not surprised at their attempting to make Mr. Windham s 
 lunatic. I have never said, " Windham is an idiot, and always will be ; and what 
 else could be expected but that they should attempt to make him a lunatic ? " Mr. 
 Windham was sometimes in a passion, and on those occasions I observed a little 
 spittle about his mouth, but I have never seen it running down upon his clothes. I, 
 have never seen him crying. His laugh is very loud, and he occasionally shouts 
 to amuse himself. I never heard him yelping like a dog, or imitating a cat, or 
 blowing a railway whistle. I am not aware that Mr. Windham on one occasion, 
 shot directly at two men loading turnips in a cart. I never heard anything of it. 
 I do not remember saying to Mr. Peatfield that Mr. Windham was careless with 
 his gun. A Major Smith never complained to me, or in my hearing, that Mr. Wind- 
 ham was careless with his gun. When I was getting over a fence, or helpiHg- 
 gentlemen over, Mr. Windham has more than once said to me, " Be- careful of 
 your gun.' 
 
 James Catton, a bricklayer at Fellbrigg, said I have been employed on the 
 estate for more than 30 years. I have frequently talked with the present Mr. 
 Windham about business, and have received orders from him to spare no expense 
 in reason to make the cottages on the estate comfortable. There is no difference- 
 between his mode of doing business and that of his father and grandfather before 
 him. I believe him to be a gentleman of sound mind. 
 
 Cross-examined. There was nothing odd in his manner or his voice. 
 
 ROBERT CAWSTON, CAEPENTER AT FELLBRIGG. 
 
 Robert Cawston, the carpenter on the Fellbrigg estate, said I have been there for 
 38 years, and have received orders from the young squire about the fitting up of a> 
 cottage. Mr. Windham told me to make two apartments, because one was not 
 decent. I believed him to be of sound mind, and capable of managing his affairs. 
 
 Cross-examined. Mr. Windham slavered when a child, but of late years he has 
 almost got rid of the habit. He sometimes got into a passion, but not oftener 
 than his father. 
 
 MARY BADCOCK, HOUSEMAID AT FELLBRIGG. 
 
 Mrs. Mary Badcock, housemaid at Fellbrigg during the last four months, said I 
 have known Mr. Windham for four years. Since I entered his service he has con- 
 ducted himself like a gentleman. He has never given inconsistent orders. He is 
 hasty in temper, but bis passion is soon over. There is nothing at all strange in 
 the management of his house. He is most domesticated, and, I believe, perfectly 
 Bane. 
 
 Cross-examined by Mr. Chambers. Mr. Windham gave a dinner to his tenantry 
 on Christmas- day. He sat at the head of the table and the butler at the bottom. 
 The dinner took place in the servants' hall. All the servants were present, and 
 Borne tradespeople. Many of the witnesses were there. The company drank Mr. 
 Windham' s health and success to his cause. Mr. Windham was the only gentleman 
 present. Since October Mr. Windham has had three or four dinner parties not 
 gentlemen, but farmers and others of that class. I believe they are all witnesses. 
 My husband was formerly a railway guard, and Mr. Windham used to call and see 
 him at his house in Norwich. It was there that I became acquainted with Mr. 
 Windham. My husband is now his valet. When me and my husband lived in 
 Norwich I sometimes saw Mr. Windham coming off the railway in a dirty state 
 There is nothing peculiar in his voice. He is fond of singing about the house, but ht 
 is not particularly noisy. His room is kept in an orderly state. 
 
 Ee-examined. There is nothing in Mr. Windham's conduct in the house which 
 renders it disagreeable to serve there. 
 
 By the Master. At the Christmas dinner Mr. Windham proposed the health of 
 Mrs. Windham, and hoped the company would drink it with him. He said nothing 
 more. 
 
 The inquiry was again adjourned. 
 
 EIGHTEENTH DAY. WEDNESDAY, JAN. 8. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fell- 
 brigg-hall, Norfolk, was resumed in the Court of Exchequer, Westminster, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury.
 
 118 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners; Mr. Charles Eussell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hucrh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 THE EEV. MR. BICK.MORE. 
 
 The Rev. Mr. Bickmore, Rector of Cranwich and Tidlington, in Norfolk, said I 
 knew the late Mr. Windham ; I also knew the Barings, of Cromer-hall. In 1847 I 
 went with Mr. Baring to Fellbrigg to dinner. In 1848 Mr. Windham applied to me 
 te take his son as a pupil. Some of the young Barings were pupils of mine at that 
 time. I was then living was Eagle-hall, near Norwich, and prepared boys for public 
 schools. I had a conversation at Fellbrigg with Mr. Windham and Lady Sophia 
 about their son, and I also talked with the boy himself. I understood that young 
 3Ir. Windham was to be prepared for Eton. I ascertained his character from his 
 parents, and likewise judged for myself. The boy came to me in September, 1848, 
 and stayed till Christmas, 1850. During that time he said his lessons sometimes to 
 me, and sometimes to Mrs. Bickmore. His studies were those pursued by boys of 
 his age. He was certainly not studious, but if he chose to apply himself he had 
 not the slightest difficulty in learning his lessons. ' When he came tome he could 
 read, write, do some arithmetic, and had commenced Latin. He was known as 
 " Gla," which was the name of his childhood. Witness prepared him in the usual 
 system for Eton, and had every reason to believe that he did Greek and Latin. 
 There was no mental incapacity whatever about him. He was rude and boisterous 
 in manner, and not very tidy in his dress, but he was amenable to authority. I 
 observed a peculiarity about his mouth. During one vacation young Windham was 
 taken to a dentist, and had an ivory plate introduced into his mouth. At the end 
 of 1850 I suggested to old Mr. Windham that his son should be sent somewhere else, 
 in order that he might have the society of bigger boys. When about eight years of 
 age young Mr. Windham wrote the following letter to his mother : 
 
 " My dear Mama, I am very much pleased with what papa has given me, and I 
 hope he will receive this simple present in return to his great one, and, as I have 
 told him, I am so thankful to him I really cannot express myself for his kindness 
 to me, and I hope you are stronger than you were. But I can almost guess by 
 what Sir John Bojleau told Mr. Bickmore, who dined there on Friday night, and 
 I am sorry to say, very indeed, that Sir John fell down, I think, and has hurt 
 himself very much indeed, and is very ill indeed, the day before to dine there, and 
 Lady Catherine was very kind to us indeed to us, and played with us as if she 
 was a little girl. Tom and Mina are quite well, except that Miua has a little cold, 
 and send their love to you. Dear Mama, I shall soon be home now; it is only a 
 week now and Mr. Bickmore has written to papa to say I am to come home on the 
 14th, but do ask to have me home on the 13th ; by-the-bye I never received that 
 little present I asked you to give me for Mr. Bickmore. 
 
 " 'Good bye, dear Mama, your most affectionate son, 
 
 " GLA." 
 
 I recollect Sir John Boileau meeting with an accident. 
 
 Cross-examined by Mr. Chambers. The present he sent to his father was a 
 v.alentine inscribed with the following lines : 
 
 " Accept this token of my love, 
 And let your heart incline 
 To chase away all doubts and fears, 
 And be my Valentine. 
 
 He was not more than eight years of age at that time. I had no doubt that Wind- 
 ham did Greek while under my care, and I might go further and say that the book 
 he used was Arnold's Introduction. I had nine pupils all young gentlemen when 
 Windham came to me. The number fluctuated while he was there. Two boys slept 
 in one room. Windham had no particular chum ; they were all as one family. The 
 boys came to me young, and left when they were about thirteen or fourteen. Wind- 
 ham left when he was about ten. Some of the new boys who came when Windham 
 left might be ten, eleven, or twelve years of age, but I think they were younger than 
 Windham. Windham had the ivory plate in his mouth when he left school. I 
 endeavoured to check his habit of slavering,but I did not succeed altogether. At times, 
 when the boy was speaking fast, there was a certain amount of moisture about his 
 mouth. It did not " dribble."
 
 119 
 
 By the Jury. I did not " dismiss" young Windham ; I simply advised his father 
 to remove him to some school where he would have the society of bigger boys. 
 Another reason for my wishing the boy to be removed was, that I had heard young 
 Windham used violent language and oaths, and I did not think it desirable to expose 
 other boys, fresh from home, to the influence of such an example. I myself never 
 heard Windham swearing. He pursued the same studies as the other boys of his 
 age, and I did not pay any particular attention to him. Instances of violent passion 
 on the part of Windham were not brought to my knowledge. Windham required to 
 be treated with firmness, for he was a spoilt child, and I was occasionally obliged to 
 punish him rather severely. When he left me he was not sufficiently advanced for 
 Eton, but I refused to keep him any longer. 
 
 MRS. BICKMORE. 
 
 Mrs. Bickmore corroborated the evidence of her husband, and stated that Wind- 
 ham did his lessons in the same way as the other boys. She had no trouble in 
 managing him, and never heard him use bad language. He was not neat in his 
 dress, and sometimes, owing to the slavering caused by the defect in his mouth, 
 his face was rather dirty. Otherwise she never had reason to complain of his habits, 
 It never entered her head that he was not as sound in his mind as other boys. 
 
 Cross-examined by Mr. Chambers. In play he sometimes made his face dirtier 
 than other boys, but witness attributed that to the escape of saliva from his mouth. 
 
 Cross-examined. The boys often played at soldiers, aud Windham acted as a 
 leader among them. Some'boys were tidier than others. 
 
 SIR EDMUND LACON, COLONEL EAST NORFOLK STTLITIA. 
 
 Sir Edmund Lacon. I am colonel of the East Norfolk Militia. I remember re- 
 ceiving a letter from Mr. Windham applying for a commission. It was written 
 somewhere in Belgium, and was dated December, 1859. The letter was forwarded 
 to the Lord-Lieutenant, and the application was granted. Mr. Windham joined the 
 regiment in 1860. He wrote a letter to the adjutant from Sandgate, Kent, on the 
 29th of March, in which he said : 
 
 " I have to inform you that I have juat received a letter from Sir Edmund Lacon, 
 in which he says it rests with myself entirely whether I come or not. Since I de- 
 sire it, I certainly shall join on the 9th ; and perhaps yon will be kind enough to 
 write and inform me whether I am to appear in undress uniform or not. I should 
 Ceel obliged also if you could inform me where I can get good lodgings near the sea, 
 as it will be cheaper for me to live there than at an hotel." 
 
 When Mr. Windham joined, the regiment was out for a month's training. As soon 
 as he joined he commenced to learn his drill, and took his part in all the business of 
 the regiment. He got on very well with his drill more quickly, indeed, than others, 
 because he told me he had learnt his drill at Shorncliffe. He was in all respects as 
 competent as the other young officers, and did all the duties required of a lieutenant. 
 There was a regimental mess at the hotel. I dined at the mess every day. Mr. 
 Windham was generally present, and many of the other officers. I saw nothing in 
 his conduct to attract my attention. He behaved like an officer and a gentleman. 
 In my conversations with him I never noticed any deficiency of intellect. He 
 talked like the other officers, and was always rational and sensible in everything 
 he said or did. 
 
 Cross-examined by Mr. Chambers. He left Yarmouth when the training was 
 over. I saw Mr. Horrocks in Yarmouth. Mr. Windham never told me how he had 
 managed to come and join the regiment. Officers enjoining have to learn the sword 
 and musket exercise and marching. Mr. Windham could do the manual and platoon 
 exercise. I never had any complaints made to me about his conduct in Yarmouth. 
 One day, when the regiment was marching on to the parade-ground, Mr. Windham 
 called out, " Shall I double up ?" I thought that expression so strange coming from 
 a recruit that I spoke to him on the subject, and it was then he told me that he had 
 learned his drill at Shorncliffe. He was not reported to mo for riding about with a 
 woman during the training. 
 
 Re-examined. It was after the training was over that I saw Mr. Horrocks in 
 Yarmouth. I had then no authority over Mr. Windham. 
 
 By the jury. I never saw Mr. Windham at a ball or in the society of ladies at 
 Yarmouth. He conducted himself like a gentleman at mess 1 . He applied in the 
 first instance for an ensigncy, but there was several lieutenancies vacant at the time 
 and he got one of them.
 
 120 
 
 ANTHONY HANLON, SERGEANT-MAJOR, EAST NORFOLK MILITIA. 
 
 Anthony Hanlon, sergeant-major of the East Norfolk Militia, said Mr. Windham* 
 when he joined came into his hands to be drilled. He attended regularly to his 
 drill, and learnt it faster than others so fast, indeed, that I often allowed him 
 to stand at ease while the rest were going on with their drill. He was very atten- 
 tive, and gave not the slightest trouble. I thought him a very smart officer, and 
 was sorry when he left the regiment. 
 
 Cross-examined by Mr. Chambers. Mr. Windham commenced the drill from the 
 beginning, but he could march well when he joined the regiment, and he was con- 
 sequently put into an advanced squad. He went through both the manual and platoon' 
 exercises, but witness could not say whether he liked it or not. He was at drill five 
 hours a-day. He held a lieutenancy in No. 3 Company, Captain Ensor ; there were 
 no other officersin the company. He was either junior lieutenant or junior but one. 
 Captain Ensor was generally with his company. None of the lieutenants had 
 been long in the service. 
 
 Ee-examined. At an inspection of the regiment Mr. Windham carried the colours, 
 and did all his work properly on the occasion. 
 
 By the Jury. I never saw him command the company in the captain's absence. 
 
 MR. HOLMES, ADJUTANT EAST NORFOLK MILITIA. 
 
 Mr. Holmes. I was formerly in the Hussars, and served in India and the 
 Crimea. I am adjutant of the East Norfolk Militia, and remember Mr. Windham 
 joining in 1860. I saw him the whole time he was with the regiment. He drilled 
 under my directions, and was quicker at it than most other officers. I occasionally 
 dined at the mess ; Mr. Windham was always present when I was there, and his 
 conduct was that of an officer and a gentleman. His address and conversation 
 were those of a sensible man. As paymaster I had to settle his accounts with him; 
 he appeared to understand them, and he conducted the business the same as the 
 other officers. 
 
 Cross-examined by Mr. Chambers. He always told me the truth. I may have 
 expressed an opinion about him, as other people hare done, and I may have nsed 
 the words, " He is an awful liar." I live ab Yarmouth, and have a family. The 
 officers of the regiment used to visit me. I do not think Mr. Windham ever called 
 at my house. The Yarmouth people are very hospitable. I know that Mr. Wind- 
 ham was in society at Yarmouth, but I was much engaged at the time, and never 
 met him in the social circle. Under the commanding officer I had the snperin- 
 tendence of the whole of the drill. The whole of the regimental business' passed 
 through my hands. I do not remember any report being made of young Windham 
 going about in his regimentals with improper characters. It was his duty as one 
 of the junior lieutenants to carry the colours on parade. I heard that he had 
 joined the regiment without the knowledge of his tutor, Mr. Horrocks, but I do not 
 remember whether he told me so himself or not. I was not aware that he was in 
 the habit of driving railway engines. 
 
 Ee-examined. Mr. Windham was a good officer. During the training I never 
 went into society. Mr. Windham always told me the trutla, and I said he was " an 
 awful liar" on hearsay. 
 
 MR. SMITH, SURGEON, EAST NORFOLK MILITIA. 
 
 Mr. Smith, surgeon of the East Norfolk Militia. I dined at the mess several times 
 during the training in 1860. Mr. Windham was always there, and conducted him- 
 self very well indeed. I have had conversations with him. He was uniformly 
 gentlemanly in his behaviour, and appeared to be a man of sense, quite aware of 
 what he was about. I saw no difference between him and the other officers. 
 
 Cross-examined by Mr. Chambers. I have met Mr. Windham in society. I 
 recollect seeing him at a musical party in Yarmouth. He conducted himself with 
 propriety in the drawing-room. I never had occasion to make any complaint about 
 him. We were not on very intimate terms. The musical party was given by Mr. 
 Harcourt, who at one time was member for Bucks. 
 
 By the Jury. I did not see a great deal of Mr. Windham. 
 
 NICHOLAS CAWSTON, CARPENTER. 
 
 Nicholas Cawston, carpenter, said I have lived at Fellbrigg pretty nearly all my. 
 life, and I am now seventy- seven years of age. I knew, the great Mr. Windham.
 
 121 
 
 The late Mr. Windham was a clever sort of a man, but hasty sometimes, and when 
 in a passion he would swear a little. He had great confidence in me, and left me 
 5 when he died. I have known the present squire since his childhood. I am 
 clerk of the parish, and have no hesitation in saying that no man in England could 
 conduct himself better in church than Mr. Windham did. Mr. Windham has always 
 behaved well to me. He is perfectly sound in his mind, " and," to Mr. Karslake, 
 " if he had your wig on his head he would make a very good counsellor." 
 (A laugh.) 
 
 Cross-examined by Mr. Chambers. Four or five weeks ago Mr. Windham sent 
 his servant to church to invite me to dinner. I accepted the invitation, and 
 have dined once or twice at Fellbrigg-hall since. I dined with the servants. Mr. 
 Windham did not sit down at table with us. I was discharged by Captain Windham, 
 the receiver, when the estate was put into Chancery, but I did not make a song : 
 about the gallant gentleman in consequence, or sing it at the Hall at Christmas ' 
 in 1860. 
 
 Ke-examined. Captain Windham told me that the workhouse was the best place 
 for me. He is a good sort, he is, I don't think ! (A laugh.) I have managed to 
 keep out of the workhouse. 
 
 JANE MORRIS, CHAMBERMAID AT VICTORIA HOTEL, YARMOUTH. 
 
 Jane Morris, chambermaid at the Victoria Hotel, Yarmouth, said I remember Mr. 
 Windham staying at the Victoria Hotel when the militia were out for training. It 
 was my duty to attend to his bedroom. I never noticed anything out of the usual 
 way about his clothes or his bed. He always behaved like a gentleman, and it never 
 struck me that there was anything wrong in his head. 
 
 Cross-examined by Mr. Chambers. J}had nothing to do with Mr. Windhana except in 
 the way of business, and never received a farthing from him in my life. I have not 
 had much conversation with him at any time. 
 
 JAMES REYNOLDS, A WAGGONER AT FELLBRIGG. 
 
 James Reynolds, a waggoner at Fellbrigg 1 , had known Mr. Windham all his lifetime 
 had often talked with him about ploughing and farming operations generally, 
 and had never heard or seen him do anything which was unusual, or which would 
 lead him to suppose that he was not right in his mind. 
 
 Cross-examined. Mr. Windham was very fond of horses, and drove a team pretty 
 well. There was nothing peculiar in his laugh, and I never heard him shouting 
 He was always very quiet when with me. 
 
 ANNE THURSTON, SERVANT AT FELLBRIGG. 
 
 Anne Thnrston said I was in the service of old Mr. Windham at Fellbrigg at the 
 time of his death. The household was then reduced, but I returned to Fellbrigg about 
 three yeais ago. Since then I have seen young Mr. Windham from time to time. I 
 left with Mrs. Martin. Mr. Windham was always gentlemanly and cleanly in his 
 habits ; there was no difference between him and other gentlemen. 
 
 Cross- Examined by Mr. Chambers. I have often seen him in the pantry, but 
 never wiping glasses. He would sometimes go into the kitchen, but he would not 
 stop long. His object was to speak to Mrs. Martin. Hia hands and face were 
 always remarkably clean, and his clothes were particularly neat and tidy, while in 
 his linen he was as particular as a lady. I have seen a little slaver at his mouth, but 
 he always used his pocket-handkerchief. I never noticed anything peculiar about 
 his voice or his laugh. He laughed loudly, but not very much just like other 
 young men. I never heard him swear. He was fond of joking with the servants 
 but he was not particularly rough or noisy. 
 
 THOMAS SCOTT, LABOURER, FELLBRIGG. 
 
 Thomas Scott, a labourer at Fellbrigg, had often talked with Mr. Windham about 
 the dairy business, and believed hin to be of perfectly sound mind. 
 
 ALLAN SHEPHERD, BLACKSMITH, FELLBRIGG. 
 
 Allan Shepherd, blacksmith on the estate, gave similar evidence. ^ He denied 'in 
 cross-examination that after making an affidavit, he had said, " I'm not going to 
 lose my bread." He did all the iron work on the Fellbrigg estate. 
 
 By the Jury. Had heard old Mr. Windham holloa when he was alone in the par. 
 lour. The son sometimes did the same.
 
 122 
 
 JONATHAN LINES, FELLBRIGQ. 
 
 Jonathan Lines, who attended Mr. Windham when out shooting, said he was 
 Very careful with his gun, and always conducted himself like the other gentlemen. 
 - Cross-examined. Mr. Windham had cautioned other gentlemen to be careful with 
 their guns, and he had given a similar warning to the gamekeeper. Whew I have 
 been at his side, I have heard him cry out to the other gentlemen not to fire, or they 
 would shoot me. 
 
 JAMES KNOWLES, BUTLER, FELLBRIGG. 
 
 James Knowles, butler at Fellbrigg, said he entered the service in 1843, and 
 Stayed till 1847. I went back again a few months ago, and am there now. In the 
 interval I served in the Bristol family, and in the Army and Navy Club. Mr. 
 Windham told me years ago that when he came of age he would have me for his 
 butler. He has carried out his promise. Mr. Windham when a boy was very high- 
 gpirited, and was indulged by his parents. He now gave all the orders in his house, 
 and presided at table. His conduct towards the servants was very kind. He is 
 passionate at times, but his father was the same, and worse. The fits do not last 
 long. I believe him to be a man of sound mind. 
 
 Cross-examined by Mr. Chambers. Everything in the house is left to me. 
 Mr. Windham never told me, though I was a confidential servant, that he was 
 going to be married. I do not know whether Lady Sophia had a whip to keep her 
 son in order ; if she had I never sav it. I was not present when Mr. Windham 
 tucked up his sleeves and helped the servants to clear the table at the Marquis of 
 Bristol's, in St. James's-square. Mr. Windham, when in a passion, was not more 
 violent than other young gentlemen. I have observed a little saliva about his 
 mouth, bub nothing very particular; I have certainly never seen it running down 
 upon his clothes. 1 was engaged to go down as butler to Fellbrigg^by Mr. Lewellin, 
 who over and over again told me that I would find Mr. Windham a good master. 
 I was present at the Christmas drink. There were 45 persons present. The dinner 
 consisted of wine and beer. There were half-a-dozen of champagne, half-a-dozen 
 of claret, and some port and sherry. In the evening the carpet was taken up in 
 the dining-room, and the company engaged in dancing. I heard Mr. Windham in 
 the room, but I did not notice that his face was blacked, and that he was dressed 
 something like a clown. Mr. Windham did not kick the candlesticks out of my 
 hands. 1 dropped a candlestick, and Mr. Windham kic-ked it perhaps acci- 
 dentally in passing, and told me to bring another. I did not see Mr. Windham 
 throw himself upon the floor and imitate the action of swimming. There were 
 some people at the dinner who were not tenants of Mr. Windham. Many of the 
 witnesses were present. When I saw Mr. Windham the following morning he did 
 not speak to me about what he had heard of his conduct the night before. Mr. 
 Windham was at Fellbrigg for several days at Christmas. He dined at home every 
 day. Once or twice he had a guest, but I do not remember the name, though I 
 have seen the same gentleman some years ago. I do not know whether Mr. 
 Windham was away on the Monday before Christmas, but he was away on the 
 Tuesday. 
 
 Re-examined. In his boyhood Mr. Windham was allowed to wait at table from the 
 soup to the dessert. He used to go through the work with the utmost gravitv, and 
 his parents never interfered with him. In old Mr. Windham's time all the servants 
 about the house, and the principal people employed on the estate, dined at the hall S 
 on Christmas-day, and had a dance in the evening. I have no idea in th world who 
 ias given all the information about the dinner last Christmas. * 
 
 By the Jury. Mr. Windham was merry on Christmas night, but he was not * 
 * c fresh." I was never told anything about Mr. Windham having his face blackened. 
 There is a regular wine account kept in the house. Mr. Windham allowed me to 
 -?eep the key of the wine cellar. 
 
 EDWARD SMITH, CLERK TO MR. BUCKMASTER, TAILOR. 
 
 Edward Smith, travelling clerk to Mr. Buckmaster, tailor, New Burlington-street* 
 aid in March 1861, I was staying at the Yacht Hotel, Guernsey, aad saw Mr- 
 Windham there. Mr. Windham told me that he expected in May to get a commission 
 in the 2nd Life Guards, and gave me an order for some clothes. He conducted him- 
 self like a gentleman, and T had not the slightest suspicion that there was anything 
 wrong in his mind. He talked sensibly enough.
 
 123 
 
 Cross-examined. There were many young officers who were not particularly wise 
 in conversation. Mr. Bucktnaster's bill had not been paid. 
 The inquiry was again adjourned. 
 
 NINETEENTH DAY. THURSDAY, JAK. 9. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg. 
 hall, Norfolk, was resumed yesterday in the Court of Exchequer, Westminster, 
 b-f'ore Mr. Warren, Q.O., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, aud Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell fo Lady Sophia Giubilei, the mother of the alleged 
 lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for Mr. William 
 Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Karslake, in reply to a question from the Master, stated that he hoped to 
 finish the evidence for Mr. Windham by Monday or Tuesday next. 
 
 Mr. Robinson, surgeon, stated that Lady Sophia Giubilei, the mother of Mr. 
 Windham, was unable from illness to attend and be re-examined as a witness in 
 this case. 
 
 CAPTAIX ENSOR, 3StH REGIMENT. 
 
 Captain Ensor. I was at one time in the 38th Regiment. After I lefc the army 
 I obtained a commission in the East Norfolk Militia. I hold it now. When Mr. 
 Windham joined the regiment he was posted to my company. I was in daily com- 
 munication with him during the training of 1860. I saw him at mess, as well as else- 
 where, almost every day. He was constant in his duty on parade, and performed 
 his duty exceedingly well very zealously indeed. He proved himself an unusually 
 efficient subaltern to me. At mess his conduct was unobjectionable. From first to 
 last, as far as my observation went, he behaved like an officer and a gentleman. 
 After the training I saw nothing of him till the end of September, 1861. At that 
 time I was on a visit to a brother officer in the neighbourhood of Fellbrigg. I 
 called on Mr. Windham, and I found him with his wife and two of her sisters. Hia 
 manner was very friendly. He introduced me to the ladies. After some conversa- 
 tion, he told me that he and his wife were going to ride, and asked me to accompany 
 them. We rode through the park to a cottage, which he said he wished to look at, 
 with a view to necessary repairs. He got off his horse and inspected the cottage, 
 both outside and inside. We then rode to a farmhouse, when, he introduced Mrs. 
 Windham in the usual way to the farmer's wife. When we returned to the hall hf> 
 asked ma to stay to dinner. He said he wished to dine early, as he had to attend 
 an agricultural meeting at South-house. I declined the invitation, in consequence 
 of an engagement elsewhere, and after taking a glass of wine I left the hall. I 
 believe him to be of perfectly sound mind. 
 
 Cross-examined by Mr. Chambers. As his captain I was very intimate with him 
 bnt I do not know how he passed his evenings after mess. Ho did not tell me how 
 he had managed to join the regiment, nor did he make me acquainted with his 
 passion for driving railway engines, or with his habit of acting as a policeman. I 
 do not know with what persons he associated at reviews. I was present at a review 
 in Norwich, but I did not see Mr. Windham there. I cannot give you the name of 
 any yonug officer with whom he was in the habit of associating as a friend. He had 
 just joined the regiment; he was friendly with us all; but I do not know that he 
 had any particular companion. As the youngest officer it was his duty to carry the 
 colours when the regiment was paraded, and, as far as I recollect, he always did so 
 I associated with him at my own lodgings and at mess, but I had no time to walk 
 with him arm-in-arm about the town. I do not, think he was in the habit of leaving 
 the mess before it broke up. I have seen him associating with ladies at parties. I 
 saw him at a ball. I did not see him making a great noise on the stairs ; he was iu 
 the room dancing. I saw him at a musical party given by Mr. Harcourt. He 
 behaved himself in a becoming manner. He used to talk a good deal, and there 
 was a peculiarity in the sound of his voice. I had neither seen nor heard of Mrs. 
 Windham before I was introduced to her by her husband. 
 
 Re-examined. The peculiarity in his voice arose, I think, from a difficulty in 
 articulation. There was nothing in his conduct at mess which at all attracted my 
 attention. Any miscondut would have been noticed at once. He used to visit me 
 at my lodgings. Once of twice I sent him to march my company up from the 
 private parade to the treneral parade. 
 
 By the Master. He" seemed to have a great liking for military service.
 
 124 
 
 By the Jury. He performed his duties as a subaltern to my satisfaction. We 
 had no field days, but we had an inspection. His conversation was consequent and 
 coherent. 
 
 MR. BINGHAM, TAILOB, NOBWICH. 
 
 Mr. Thomas Bingham, tailor in Norwich, said he had known Mr. Windham since 
 October, 1859. He had supplied him with clothes ; his orders were always sensible 
 and moderate, and he showed great shrewdness in selecting the different articles 
 which I made up for him. In August, 1861, just after he came of age, he gave an 
 order to me for for clothes for his servants, ad also for an overcoat for himself. 
 His orders, both then and at other times, were exactly similar to those which I was 
 in the habit of receiving from other gentlemen. He was very particular about the 
 fit of his clothes, especially his trousers. I had a conversation with him in November 
 last. On that occasion he said his education had been neglected, and he had nothing 
 to thank his family for in that respect. I never suspected that there was anythin^ 
 wrong in his head. 
 
 Cross-examined by Mr. Chambers. His conversation with witness was always 
 extremely sensible. It was not superior, but was equal to that of other young 
 gentlemen in the neighbourhood of Norwich. Witness never heard that an 
 bjection was made to the payment of one of his bills against Mr. Windham. The 
 amount of a bill which witness rendered to Mr. Martin, the bailiff, and which still 
 remained unpaid, was a little over 57. It was all due for clothes for Mr. Windham 
 himself. Mr. Windham showed great shrewdness in choosing the patterns and 
 examining the quality of the cloth. He never ordered a railway suit. Witness 
 never heard of his propensity for driving engines and acting as a guard. When 
 lie told witness that his education had been neglected, and that he had nothing to 
 thank his family for in that respect, he spoke seriously, like a mam who really 
 believed what he said. 
 
 Mr. Charles Howlitt, an ironmonger in Norwich, said he had transactions in. 
 business with Mr. Windham, extending over three years. Mr. Wiudham gave hia 
 orders himself, and they were always sensible, moderate, and proper. At various' 
 times he ordered cast-iron mangers for the stables, a hot and cold water bath, 
 powder, and shot, and other things. His conduct and conversation were always 
 those of a sensible man. He instructed witness from time to time to send in hia 
 account, and managed his business like other gentlemen. 
 
 Cross-examined by Mr. Chambers When Mr. Windham came to the shop in 
 Norwich he wore the dress of a gentleman, and was clean and neat in his appear- 
 ance. I do not know where the Fellbrigg gamekeeper got his powder and shot. 
 It was not at his shop. Mr. Windham was always alone when he came to the shop. 
 On one occasion he ordered a tea urn and an electro-plated tea service, and took 
 them away in a cab. I understood that Mr. Windham was at Fellbrigg at that time. 
 Once he gave me a 50 note for a 5 note, and a sovereign in payment of a bill. He 
 appeared to have three or four other notes in his pocket-book at the time. I once 
 saw Mr. Windham in the theatre in Norwich. He was in one of the upper boxes, and 
 conducted himself properly. A week or two ago I accompanied Mr. Windham and 
 a party to Drury-lane Theatre. We occupied a, box. We went to the theatre from 
 Brett's Hotel, in Holborn, where I was staying. Mr. Windham did not dine there. 
 The party met him by appointment outside the theatre. He treated us all. We stayed 
 till the end of the pantomime. Mr. Windham drove off from the theatre in a cab, 
 and I went to the Hay market, where I had a glass of ale. I thought I saw another 
 witness in the Haymarket. After I had the glass of ale I went straight home. I had the 
 ale in Barnes's a public-house in the Haymarket, on the left hand going up. I had twice 
 seen Mr. Windham there at night since the commencement of this inquiry. The 
 first time was about ten o'clock, and Mr. Windham was talking to the landlord in 
 front of the bar. The second time was about the same hour, and Mr. Windham 
 was speaking to a gentleman with a moustache. He had a glass of ale. I did not 
 think it necessary to caution him about frequenting the Haymarket during the pro- 
 gress of these proceedings. I was not presumptuous enough to offer advice to a 
 gentleman like Mr. Windham. Mr. Windham conducted himself properly, but I 
 did not think it was right for him, under present circumstances, to go to a gin-shop 
 in the Haymarket, though he declined to say whether it was the act of a rational 
 man or not. At that time Mr. Windham was staying with Koberts in Piccadilly, 
 "ml I had dined with him there along with others. Roberts did not dine with them.
 
 125 
 
 They had sherry and ale, bnfc no champagne. After dinner Mr. Windham went 
 away in a cab, and I proceeded to the Alhambra, where I saw General Windham. 
 I dined a second time with Mr. Windham at Piccadilly. On that occasion he told 
 Mr. Windham that he ought not to live with Reberts. What he said was, that it 
 was disgraceful to live with such a fellow. Mr. Windham said Roberts was a bad 
 Bort, and he intended to leave him. After dinner they separated, but later I found 
 Mr. Windham in Barnes's. In the interval, I had visited the Princess's Theatre. 
 I did not stay till the end of the performance. Mr. Windham did not tell me that 
 night, or on any other occasion, that he intended to give a grand ball to the women 
 in the Haymarket, nor did he tell me that he was still in the habit of going almost 
 nightly to the Haymarket. I presumed, however, from seeing him twice in the 
 Haymarket that he was still in the habit of going there. I saw Mr. Windham 
 talking to a woman in the Haymarket, but did not hear what he said. He was not 
 laughing or making a noise, nor was there a crowd of women standing about him. 
 It was last Thursday night I went to the Alhambra. I never said, " They have got 
 up young Windham very well ; he really looks a clever young fellow." At Norwich 
 I never associated with Mr. Windham, except in the way of business. 
 
 Re-examined. All the persons who went to Drury-lane Theatre with Mr. 
 Windham, and who dined with him in Piceadilly, were witnesses from Norfolk, 
 staying in London at his expense. I believe that Mr. Windham had broken off his 
 acquaintance with Roberts, and was now living at Morley's Hotel. When he saw 
 General Windham in the Alhambra, he was accompanied by Mr. Hansell, his 
 solicitor ; they left early, and I could not eay whether or not he met them afterwards 
 in the Haymarket. 
 
 By the Master. When I dined with Mr. Windham, and went with him to the 
 theatre, he did not seem cast down or dejected ; on the contrary, he was in excellent 
 spirits. 
 
 By the Jury. I gave Mrs. Windham a stamped receipt for the money given to 
 him in payment of his account. 
 
 MR. COLMAIT, FISHMONGER, NORWICH. 
 
 Mr. Charles Colman, fishmonger and dealer in game in Norwich, said I have 
 transacted business with Mr. Windham. The prices I gave to Mr. Windham for his 
 extra game were 5s. a brace for pheasants, 2s. for partridges, hares 2s. each, and 
 9s. a dozen for rabbits. Mr. Wiudham discussed the prices, and seemed to under- 
 stand perfectly what he was about. He came for the money himself, and gave a 
 stamped receipt ; in fact, he conducted the business just like any other gentleman. 
 
 Cross-examined by Mr. Chambers. It was usual for gentlemen themselves, 
 and not their gamekeepers, to bargain for the sale of their extra game. Mr. 
 Windham was alone when he agreed upon terms with me. 
 
 Re-examined. My account with Mr. Windham was kept precisely in the same 
 way as those with other gentlemen. 
 
 ME. H. W. BUER, BERKS. 
 
 Mr. H. W. Burr, of Wokimgham, Berks, said I have been in the habit for some 
 rears of preparing young gentlemen for the army. In November, 1858, Mr. 
 Windham came to me, and stayed till February, 1859. During that time he was 
 away on a short vacation! He came to me to read for the army examination. 
 His studies were kistory, geography, mathematics, classics, French, and fortifi- 
 cations. I had other pupils at the same time. I consider Mr. Wiudham rather 
 quick at learning than otherwise. He was not assiduous, but if he chose he could 
 learn more than some othera. He had two horses, and occasionally went out 
 shooting. I was occupied with him, more or less, daily. Mr. Wiridham, when he 
 came to me, knew something of the classics, but his education in common things 
 spelling, grammar, and the modern languages had been neglected. His manner 
 was uniformly regular and gentlemanly ; he behaved in the house quite as well as 
 the majority of pupils. There was nothing dirty or unbecoming in his dress, and 
 he was as dainty as others about his linen. At times he was rather particular 
 than otherwise about his personal appearance. There was nothing at all in his 
 conduct to find fault with. He did not work BO hard as some other boys, but he 
 had sufficient ability to pass the army examination. Indeed, if he had chosen to 
 apply himself, he could have passed better than some who have passed since. I 
 believe him to be a mau of perfectly sound mind.
 
 Cross-examined by Mr. Chambers. His rules were as strict as they well could Ije 
 in such an establishment. Mr. Windham was generally very punctual at his meals 
 and made no peculiar noise while eating. I observed the unusal formation of his 
 mouth, and occasionally noticed the saliva' running from the corners, but not to any 
 great extent. He had seen him rather excited from drink, but never heard him 
 swear. Mr. Windham was not in the habit of drinking more than was good for 
 him. He had a good appetite, but he did not eat voraciously. I taught him 
 *' Euclid." Ho got about half way through the first book. He had a very good 
 knowledge of geography and history. Mr. Windham came to mo to be crammed, 
 and he would have been crammed well if he had remained for six weeks or two 
 months longer. I was under the impression that he left because he had got into 
 debt in the neighbourhood. His debts altogether amounted to about 70. I heard 
 of his fondness for driving railway engines, but could not say that I had seen him 
 coming home covered with dirt and soot. He had not an idiotic laugh, nor was he 
 in the habit of laughing more than others. He was taken away by Lord Alfred 
 Hervey. 
 
 Re-examined. I got in Mr. Windham's bills and paid them. There was nothing 
 out of the way in them. 
 
 By the Master. Mr. Windham was grounded in many branches before he came to 
 me. 
 
 MRS. BURR. 
 
 Mrs. Burr corroborated the evidence of her husband as to the gentlemanly conduct 
 and manner of Mr. Windham. His habits, she said, were cleanly. He was rather 
 particular about his linen, and his language was never offensive. Prom first to last 
 he behaved himself decently and rationally. He was kind to the servants. 
 
 Cross-examined. I have observed a little saliva at the corners of his mouth while 
 eating, but not much. 
 
 EEV. MR. HURST, OF WOKINGHAM:. 
 
 The Rev. Mr. Hurst, curate of Wokingham, said he became acquainted with Mr. 
 Windham when he was staying at Mr. Burr's, and gave him lessons in mathematics. 
 Mr. Windham had the average ability in learning mathematics, and there was 
 nothing about him to lead to the conclusion that his mind was impaired. I believe 
 him to be perfectly sane. 
 
 Cross-examined. What he taught Mr. Windham was arithmetic addition, sub- 
 traction, and vulgar fractions. 
 
 By the Master I considered him the brightest youth in mathematics at Mr. Burr's . 
 
 MR. COOK, SOLICITOR, WOKINGHAM. 
 
 Mr. Cook, solicitor at Wokingham, said I knew Mr. Windham when he was at 
 Mr. Burr's. Mr. Windham rode and drove about a good deal, and on one occasion 
 he drove me himself. After the Reading Steeple-chase in February, 1859, Mr. 
 Windham told me that somebody had run into and broken his dog-cart, and wished 
 me to find out who it was, because he wanted to make the person pay the coach- 
 maker's bill. I made inquiries, found out the person, and obtained the amount of 
 the bill 1, 10s. I met Mr. Windham at the opening of the Wellington College, 
 and on many other occasions, and believed him to be a man of sound mind. 
 
 Cross-examined. Never saw him do anything strang3. 
 
 ELIZABETH CROSSLEY, NORWICH. 
 
 Elizabeth Crossley, chambermaid and barmaid at the Duke's Palace Hotel, Nor- 
 wich, said Mr. Windham was in the habit of staying there occasionally as well as 
 his two uncles, Captain and General Windham. Young Mr. Windham had slept at 
 the hotel. He always conducted himself like a gentleman, and she never observed 
 anything peculiar in his room. 
 
 Cross-examined by Mr. Chambers. Mr. Windham was last at the hotel on the 
 Saturday before Christmas. I do nob recollect whether there was anybody with 
 him except his servant. 
 
 By the Jury. Mr. Windham was owing money at the hotel. 1 did not know the 
 amount, but it was over 100. 
 
 By the Master. The bill began in September, 1860, and was principally for things 
 supplied to Mr. Windham and the keep of his horses. 
 
 MRS. ANN TVA.ENER, BEDFORD HOTEL, COVEKT GARDEN. 
 
 Mrs. Ami Warner, landkdy of the Bedford Hotel, Govent Garden, said Mr.
 
 127 
 
 Windham stayed with her in May last for a fortnight. Daring that time she had 
 constant communication with him ; he conducted himself like a gentleman, and she 
 did not notice anything peculiar about him. 
 
 Cross-examined. Mr. Peatfield, his tutor, was with him. 
 
 By the Master. He paid the bill himself. There was nothing in his appearance 
 or conversation to lead her to suppose that he was deficient in understanding. 
 
 . Mil. SEELEY, STATIONMASTER, E.U. LINE. 
 
 Mr. W. Seeley, stationmaster on the Eastern Union lino at Norwich, had seen 
 Mr. Windham at the station as an occasional traveller. He took out his ticket in 
 the usual way, and conducted himself in all respects like an ordinary passenger. 
 
 Mr. Chambers. I have no question to put to the witness, who has cost much and 
 told us little. 
 
 MR. PARKER, INSPECTOR, THORPE STATION. 
 
 Mr. Parker, passenger inspector, at the Thorpe Station, near Norwich, gave 
 similar evidence, and stated that Mr. Windham, in his undress militia uniform, might 
 easily have been mistaken for a railway guard. 
 
 Cross-examined. A belt and pouch formed no part of the Militia uniform. 
 
 MB. CHAPMAN, BELIEVING OFFICES, FELLBRIGG. 
 
 Mr. Chapman, relieving officer of the union in which Fellbrigg is included, said 
 I have known Mr. Windham for many years, and have negotiated the taking of a 
 farm with him. The negotiation took place about this time last year, and I took 
 possession of the farm, in the presence of Mr. Windham, at Michaelmas. I believe 
 the squire to be a man of sense. 
 
 Other evidence of a similar character was given, and the inquiry was adjourned. 
 
 TWENTIETH DAY. FRIDAY, JAN. 10. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Kussell for Lady Sophia Elizabeth Ginbilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 It was arranged this morning that counsel should be present at the interview 
 which the Master and jury proposed to have with Mr. Windham at the close 
 of the case. 
 
 CAPTAIN IVES OP NOEFOLK. 
 
 Captain Ives, examined by Mr. Karslake. I am a county magistrate and deputy-- 
 lieutenant of Norfolk, and have known the Windham family for many years. I first, 
 met young Mr. Windham about two years ago at a dinner party in Norwich. At 
 that time Mr. Horrocks was living with him. Mr. Windham acted like any other 
 gentleman in the room. Shortly after he invited me to Fellbrigg to meet the houuds- 
 and asked me to send my horses. I accepted the invitation, which was given 
 through Mr. Horrocks, and went to Fellbrigg on the 10th of January, 1860. There 
 was nobody in the house except Mr. Horrocks. I stayed three days and four nights. 
 On one of the evenings Mr., Mrs., and Miss Scott and Captain Windham dined there. 
 One day Mr. Windham went out to dine with Lord Suffield ; Mr. Horrocks remained 
 with me. I went out with the hounds twice ; Mr. Windham accompanied me. He 
 rode a horse belonging to Lord SufSeld. He dined at my house at the end of 
 January. During my stay at Fellbrigg he behaved like a gentleman, as far as 1 
 could judge, and he rode' very well with the hounds. Lord Suffield lent him a. 
 horse on two occasions while I was there. I went into the stables with Mr. Wind- 
 ham. Neither there nor in the hunting-field did I ever see any cruelty on his part 
 towards the horses. Last summer I met him frequently in London. Mrs. Ives 
 was in London at the time, and was in the habit of riding with me in the Park. 
 We used to see Mr. Windham frequently in the Park, riding. He joined us once 
 or twice. I liked the look of the horse he was riding one day, and asked him 
 whether he would sell it. He said he had just bought it for 40, and seemed 
 disinclined to part with it. As an inducement I offered him 50 for the animal, 
 thinking he would easily get another for himself, for I considered him to be a good 
 judge of horses. I have seen him driving onco since ho married. I was going
 
 128 
 
 through Aylsham, and I saw him driving a four-in-hand down the Norwich road. 
 I overtook him very soon. He pulled on one side and I drove up alongside of him. 
 I asked him about the horse I had fancied in London, and he told me it had met 
 with an accident and I could not have it at all. He drove very steadily on that 
 occasion. I believe him to be a person of sound mind. 
 
 > Cross-examined by Mr. Chambers. I had an impression that he was a fast driver 
 and thought he might try to pass me on the Norwich road, but he made no atlempt 
 to do BO. I had heard that he had driven the mail cart once from Cromer to 
 Aylsham, and that circumstance may have given me the notion that he was a fast 
 driver. I was invited to Fellbrigg by Mr. Horrocks at the request of Mr. Windham. 
 I had gone to bed when Mr. Windham returned from the dinner at Lord Suffield's. 
 When I overtook him on the Norwich road he was by himself. I have not seen 
 him since that day. When I met him in the park last summer he was generally 
 riding alone. He joined Mrs. Ives and me once or twice, but generally, if I wanted 
 to speak to him, I turned and rode with him. He rode rather faster than we did. I 
 saw him riding once with a lady who breaks in horses. It was not Miss Gilbert, 
 but I think it was a lady of good character. That was the only time I saw him 
 riding with a lady. Mr. Horrocks and he did not seem to be on very good terms. 
 Mr. Windham did not appear to like his tutor. At the dinner party of which I 
 have spoken Mr. Horrocks sat opposite Mr. Windham. 
 
 Re-examined. I formed the opinion that Mr. Windham and Mr. Horrocks were 
 not very good friends from wh^t the latter told me. 
 
 By the jury. Mr. Horrocks told me that Mr. Windham was difficult to manage. 
 Major Glover, examined by Mr. Karslake. I reside near Fellbrigg, and am Major 
 in the East Norfolk Militia. I was out with the regiment for training in 1860. 
 I had known Mr. Windham for a short time before that. I dined with him at 
 Fellbrigg in December, 1859. During the training in 1860 he learnt his drill very 
 quickly, -performed all his duties in an efficient manner, and his conduct at 
 mess was that of an officer and a gentleman. I did not observe in him any 
 indication of want of intellect. When I dined with him at Fellbrigg he behaved 
 himself properly. I have not seen him since the training in 1860. 
 
 Cross-examined by Mr. Chambers. Colonel Sir Edward Lacon dined every day 
 at mess and kept very good order. I saw very little of Mr. Windham except at 
 mess and had no means of judging of his truthfulness. I never saw him iti the 
 streets after mess. At drill, as far as I saw, he was obedient, and seemed to like it. 
 I saw no difference between his conduct and that of the other young officers. I 
 am not aware that he had any particular companion in the regiment. 
 
 Re-examined. Mr. Windham did not require to be kept in order at mess. Ha 
 was the youngest officer in the corps. 
 
 By the Master. 1 saw Mr. Windham at a ball in Yarmouth, but observed 
 nothing particular in his behaviour. Any misconduct on his part would have been 
 noticed at ence. When I dined at Fellbrigg the guests were Mr., Mrs., and Miss 
 Scott ; Mr. Peare, Captain King, Mr. Baring, and Mr. Horrocks. Mr. Windham 
 and Mr. Horrocks seemed to get on very well together at dinner. 
 
 KEY. ME. DOLPHIX, OF ANTINGHAM. 
 
 The Rev. Mr. Dolphin, rector of Antingham, in Norfolk. I knew the late Mr 
 Windham very well, and have known the present Mr. Windham since his child- 
 hood. His father was a passionate man. I made the remark more than once that 
 I did not think the present Mr. Windham would turn ont well in consequence of 
 the then contradictory and inconsistent control he received from his parents. In 
 December, 1860, he and Mr. Peatfield dined with me. There were ladies as well 
 as gentlemen at table. Mr. Windham talked in a loud tone of voice, but there 
 was nothing particular in his conduct. I am chairman of the Board of Guardians. 
 On one occasion Mr. Windhara came and spoke to me about a pauper in one of his 
 parishes. He said it was a case deserving of relief; the man had been out of 
 work for two or three weeks, but as he was a single man Mr. Windham thought 
 he had not been attended to. I told him that his statements would receive every 
 attention. An inquiry was made into the case. Mr. Windham' a representations 
 turned out to be perfectly correct, and the man was relieved. Last spring I healrd 
 that Mr. Windham was about to be married to a lady of good family. About that 
 time I met him near my own house, and congratulated him upon the proposed 
 marriage. He replied, " Thauk you," arid wpoa nay mentioning tho name of the
 
 MB. GWTN.
 
 131 
 
 lady, he said, "Yes, that is the lady." Last summer in July I saw Mr 
 "\Vindhain at Lord Suffield's. He stayed and dined. Before dinner Lord, 
 Suffield, Mr. Windham, and I walked through the grounds to the dairy farm. On 
 that occasion I was with him an hour. His remarks were perfectly sensible and 
 lational, and he seemed to understand the subjects of conversation. From what I 
 have seen of him I believe him to be a person of sound mind. 
 
 Cross-examined by Mr. Chambers. And as capable of managing his estate as 
 many others who come into their property without knowing the value of money. 
 Old Mr. Windham was a passionate man, and on two occasions he exhibited his 
 passion at the board of guardians. I think he swore. I have seen him angry with i 
 myself about politics. Young Mr. Windham, as I predicted, has not turned out , 
 very well. I never saw his parents severe to him. He was an affectionate boy, and V 
 I never saw him in a passion. His parents treated him irregularly and capriciously. 
 When he came down after dinner his father would tell him one thing, and the next 
 minute his mother would tell him the very reverse. I have not heard at different 
 time? that he was about to be married to different ladies. Besides the occasion I 
 have mentioned, there was some talk of his going to be married to a young lady at 
 Torquay. I have not heard that he was in the habit of falling in love with young 
 ladies. 
 
 By the Master. I never saw him waiting at table in the dress of a page. 
 
 He-examined. I should call old Mr. Windham a hasty man. 
 
 By the Jmry. I know General Windham very well. He has never expressed 
 himself in an unkindly manner towards his nephew in my hearing. 
 
 SIR HENRY EOBINSON. . 
 
 Sir Henry Robinson. I live near Fellbrigg, and made Mr. Windham's acquaintance 
 about a year ago at a dinner given by the last witness. I spoke to him about 
 shooting and other matters. His conduct during the evening was that of a gentle- 
 man. I was present at a review near Grouser. Mr. Windham was mounted and 
 acted as aide-de-camp. He rode rather fast, and was not quite careful enough of 
 the spectators, but otherwise his conduct was quite proper. In August last I gave 
 an archery ball ; Mr. Windham was invited, but did not come in consequence of his 
 marriage. 
 
 Cross-examined by Mr. Chambers. Mr. Windham talked rather loudly at dinner, 
 but not so as to attract attention. The review near Cromer was not an important 
 affair. The mounted force consisted of about half-a-score of irregular cavalry. (A 
 laugh.) Mr. Windham was aide-de-camp to the commander, Mr. Charles Buxton, 
 and carried his orders from one part of the field to another. (A laugh.) He did 
 not wear a cocked hat and feathers, but he had a sword by his side. He rode at a 
 brisk trot, and when the coast was clear he broke into a gallop. I believe the troops 
 ultimately made a charge. (A laugh.) 
 
 MRS. VOYSEY, BOARDING-HOUSE KEEPER, ETON. 
 
 Mrs. Voysey said she had kept a boarding-house at Eton for eight years. Mr. 
 "Windham came to my house in the Easter quarter of 1855, and stayed till July, 
 1856. I had from fifteen to twenty boys in my house when he was there. I saw 
 them daily, and was always present with them at dinner and supper. Windham 
 was a decidedly noisy boy, but he was always obedient to me and treated me with 
 respect. No complaint of his conduct was made to me personally. He associated 
 with the other boys in the house on equal terms. I heard of his being called 
 "mad Windham." That is a very common thing at Eton. At the present 
 moment there are several boys called "mad." He was not extravagant, rather 
 the contrary. After ho left my house I saw him from time to time in the street, 
 and I have seen him once since he left Eton. On that occasion his manner was 
 perfectly gentlemanly and proper. I considered him to be peculiar, but he was 
 decidedly a boy of sound mind. I have appeared as a witness much against my will. 
 
 Cross-examined by Mr. Chambers. Windham was noisy and rackety in the 
 house, but he was not in the habit of slamming doors and shouting about the 
 passages. He was once rude to one of the servants, and was punished for it. I 
 . do not think he swore at the servant. The epithet " mad" was not one which they 
 paid much attention to at Eton. I do not remember receiving a complaint about 
 his doing injury to his bed. When he was in my house he could take care of 
 himself, but I might have Eaid that it would be advisable to have some onf, to look 
 after and guide him. 
 
 l 2
 
 132 
 
 Re-examined. I have read a good deal about him in the newspapers. When I 
 last saw him he was quite able to manage himself. 
 
 By the jury. Windham left my house in consequence of a misunderstanding 
 between Lady Sophia and herself. I thought he was a boy who would be 
 easily Jed. 
 
 MRS. SOPHIA GIBSON, ETON. 
 
 Mrs. Sophia Gibson, examined by Sir H. Cairns, said I was head boys' maid at Mr. 
 Balston's one of the masters at Eton, when Mr. Windham lodged there. I never 
 saw him at all extravagant indeed, quite the reverse ; and I heard him ray he had 
 been warned by his father not to get into debt at Eton. Lord Marsham was his 
 most intimate friend. On one occasion Lord Marsham fell upon a knife which Mr. 
 Windham held in his hand, but that made no difference in their friendship ; it was 
 always considered an accident. Windham was rough and rude, but nobody brought 
 his best behaviour to school. I consider him to be of perfectly sound mind. 
 
 Cross-examined by Mr. Chambers. Windham was not particularly noisy. I 
 never heard him called " mad." Many boys were called " mad ' at Eton, and it 
 was generally the more clever boys who were termed so. (A laugh.) Windham w as 
 not the cleanest boy at Eton, but he was not particularly dirty in his habits. There 
 was something peculiar in the sound of his voice, but I do not reco llect seeing the 
 saliva running from his month. I have seen him often with a dirty face and hands, 
 but Eton boys are very often dirty. 
 
 Re-examined. It often happened that the ringleader at Eton was called " mad." 
 
 MRS. COCKBURN, ETON. 
 
 Mrs. Cockburn, head boys' maid at Mrs. Drury's, in Eton, when Mr. Windham 
 was there, said I attended to him and looked after his linen. He played with the 
 other boys, and always behaved like a gentleman. Many have been called " mad " as 
 well as he. He did not get into more scrapes than the other boys. He was always 
 full of spirits, but did not give unusual trouble. He has visited me several times 
 since he left Eton, and always appeared like a gentleman. I believe he was as sound 
 in his mind as I am myself. (A laugh.) 
 
 Cross-examined by Mr. Field. Mr. Cheales, -the tutor, lived in the house witn. 
 Windham The latter was not particularly rough and rude, and I never heard him 
 speak strangely. There was nothing particular in his voice ; in fact, he was in all 
 respects like other young gentlemen. 
 
 MISS KATE ARCHEr.. 
 
 Miss Kate Archer, the 100th witness, examined by Mr. Karslake. I live in George- 
 Btreet, Portman-square. At the beginning of the summer of 1860, contrary to my 
 usual practice in town, I was rising in the park one morning without a servant. My 
 horse became restive. Mr. Windham rode up, and assisted me, as any gentleman 
 would have done, and he has often since visited me as a friend. On the 28th of Sep- 
 tember last General Windham called at my house, and I had a conversation with 
 
 Mr. Karslake. What did he say? 
 
 Mr. Chambers did not know what was coming, but he submitted that a conver- 
 sation between General Windham and Miss Archer could not be accepted as evidence 
 in this case. 
 
 Sir H. Cairns maintained that he was entitled to place before the jury evidence 
 of the conduct pursued by General Windham, one of the petitioners, during the 
 getting up of the case against his nephew. Supposing he could prove that General 
 Windham had either tampered with witnesses, or declared that he thought his 
 nephew to be perfectly sane, surely that would be strictly revelant to the present' 
 inquiry. 
 
 Mr Karslake and Mr. Milward were heard on the same side. 
 
 Mr. Chambers contended that as they were not trying General Windham, but 
 the sanity or insanity of his nephew, the evidence was not admissable. 
 
 The Master said that if he were trying Genersl Windham for maliciously obtain- 
 ing a commission of lunacy against his nephew he would admit the evidence, but as 
 the question before the Court was the state of mind of Mr. Windham he was bound 
 to reject it, because it would raise a collateral iszne, and lead them beyond the 
 limits of the present inquiry. 
 
 Sir IL Cairns stated that the question put to the witness was the begiuning of
 
 133 
 
 several which were meant to show, first, that General Windham, being one of the 
 petitioners, had actively interfered in getting up the case and evidence to support 
 it ; secondly, that he had attempted to induce a witness, against her opinion avowed 
 to him, to give evidence in favour of the petitioners ; thirdly, that he had stated that, 
 whatever might be the real facts as to the sanity or insanity of his nephew, he was 
 determined to prosecute these proceedings in order to prove his nephew insane, and 
 to btain control of the property ; and, fourthly, that Mr. Windham having stated, 
 as appeared from Dr. Tuke's evidence, that he believed General Wiiidham would not 
 venture to go into the witness-box, the evidence of Miss Archer would have shown 
 that the facts stated by her were communicated to Mr. Windham, and among other 
 matters, naturally influenced him to make that statement to Dr. Tuke. 
 
 The Master asked Mr. Chambers whether he was prepared to take a decision 
 in his favour, and thereby risk the ultimate issue of the inquiry ? 
 
 Mr. Chambers replied in the affirmative. 
 
 The Master then decided that the evidence was inadmissible on the ground tha t 
 the conduct of General Windham whether good or bad, was not the qu estion before 
 the Couro. 
 
 MR. HENRY DBASE, BARRISTER. 
 
 Mr. Henry Drake, examined by Mr. Milward, said I am a barrister and belong to 
 the Norwich family of Drakes. I was with Mr. Windham at Dr. Badham's school 
 at Blackheath. I am much older than Windham, who was about tten or eleven 
 years of age. I saw Windham every day at meals and ether times, and I thought 
 te behaved himself much like other boys. I saw nothing to induce me to believe 
 that he was an idiot. At that time Windham was quite as capable of taking care 
 of himself as other boys of his age. I have been at Eton, and have known several 
 ' boys and one master called " mad." 
 
 By Mr. Coleridge. When witness was at Eton promotion was obtained by 
 examination, and not by favour. If at Christmas, 1856, Mr. Windham was in the 
 upper remove of the lower division of the fifth form, he must have been doing fifth 
 form work for several months. 
 
 Cross-examined by Mr. Chambers. Windham was a dirty boy at Blackheath. 
 
 LORD CLAUDE HAMILTON, M.P. 
 
 Lord Claude Hamilton, M.P. examined by Sir H. Cairns. I am colonel of the 
 Donegal Militia, which was quartered at Yarmouth in I860. I made the acquain- 
 tance of Mr. Windham in that year. I first met him on the railway at Norwich. 
 We were both going to Yarmouth. I happened to mention that I had spent a few 
 days shooting atFellbrigg in 1856. He expressed great gratification at meeting a 
 friend of his parents. We talked for about an hour and a half, and he conversed 
 in tha most cordial, rational, and gentlemanly manner. When I knew he was young 
 Windham I immediately watched him, because I had heard he was irregular in his 
 conduct and fond of low company. On arriving: at Yarmouth ho walked with me 
 to my hotel, and afterwards I met him once or twise in the town. In September 
 I saw him at a full-dress ball in Yarmouth. On that occasion ho 
 was decidedly intoxicated. He recognized me and spoke to me, complaining that 
 the young ladies would not dance with him, and I advised him to go home. He 
 was not making any noise. I do not consider a taste for driving railway engines a 
 proof of insanity, and such is the opinion of many who hold a distinguished rank 
 in society. Many years ago I joined with half-a-dozen others in studying the 
 great motive power of modern times. We attended a coursd of lectures of the 
 Polytechnic, and went into the matter as thoroughly as we could. After a time 
 -we were allowed, under proper supervision, to drive engines on railways. I must 
 say, however, that we were not permitted to experiment with passenger trains, but 
 were restricted to ballast and coke trains. I can assure you that it requires a good 
 deal of skill, self-possession, coolness of head, and delicacy of touch to drive a 
 railway engine. It is decidedly an intellectual study. 
 
 By the Jury. I do not know that Mr. Windham has gone through the same 
 course of study as I did. If he can drive an engine a point upon which I know 
 .nothing he must have received instruction. 
 
 MR. BADCOCK, VALET TO MR. WINDHAM. 
 
 William Badcock, examined by Mr. Karslake, said I am now valet to Mr. Wind- 
 ham. He entered his service in September, 1861. At one time he was a guard on
 
 13* 
 
 the Eastern Counties Baiiway, and on many occasions Mr. Windham travelled in 
 my van. I have seen him on the engine with the regulator in his hand. Mr. 
 Windham generally talked about the management and working of railways, and 
 seemed very anxious to obtain a thorough mastery of the subject. He gave a dinner 
 to between 30 and 40 people on Christmas-day. There was a dance in the evening. 
 I, by his orders, sang negro melodies to amuse the company. During the evening, 
 when the fun was at its height, Mr. Windham pufc on a pair of hunting-breeches, 
 and blacked his face on the cheeks and chin, to resemble whiskers and an 
 imperial. He remained thus for two hours. He was not noisy. The company 
 were very merry ; but there was nothing like disorder. Mr. Windham retired about 
 a quarter past 2, and then the house was shut up. 
 
 Cross-examined by Mr. Chambers. Mr. Windham is not a queer or an odd sort of 
 young man. As far as conduct and behaviour were concerned, he was like others 
 of his age. I never saw him in the uniform of a guard, but I have seen him with a 
 belt and pouch and a common dog- whistle. Mr. Windham often blew the whistle 
 before the train started. He did so under the directions of myself. Some of tha 
 railway officials must have seen him. He frequently told the passengers to take 
 their seats, and called out the names of the stations. I could have trusted him with 
 the management of a train. Sometimes he sorted the parcels in the van, and he did 
 the work remarkably well. He never paid anything for the privilege of riding in 
 the van, nor did he ever take champagne or any other kind of drink into it. Occa- 
 sionally he treated me at the stations. On the occasion of his marriage he gave 
 me a silver watch and guard, with the following inscription : " Presented to 
 William Badcock, by W. F. Windham, Esq., in acknowledgment of his civility 
 and attention." I never saw him covered with dirt and soot like a stoker. 
 Stoking would be a strange occupation for a young gentleman. I do not know how 
 iny master passed his evenings when in London. He lived with Roberts, in Picca- 
 dilly. Sometimes he would go out after dinner, but I always found him in his room 
 in the morning. I did not know at what hour he returned home. I never accom- 
 panied him to the Haymarket. I blacked my face to sing the negro melodies at 
 Fellbrigg on Christmas-day. I had a banjo, and wore a characteristic costume a 
 white shirt, knee-breeches, and low shoes. The coachman was dressed in the same 
 way, and later in the evening Mr. Windham made his appearance in a similar costume 
 and joined in the chorus, but he did not throw himself on the floor and imitate 
 the action of swimming. The refreshments consisted of champagne, sherry, ale, and 
 a bowl of punch. The company were merry and applauded the singing, but I did 
 not think that the applause was monopolised by Mr. Windham. (A laugh.) Mr. 
 Windham went to bed himself quite steadily, and rose next morning about 5 o'clock. 
 He is now at Fellbrigg, but when in town he stayed at Morley's Hotel, having 
 broken off his acquaintance with Roberts. I have not seen that person lately, nor 
 have I seen Mrs. Windham to speak to her since Christmas. 
 
 Re-examined. There is no pretence for saying that Mr. Windham was drunk on 
 Christmas-day. He used to be fond of putting on a guard's belt, because he thought 
 it gave him a kind of military appearance. 
 
 By the Jury. I was not a valet before September last. The railway directors 
 objected to my accepting the watch and guard presented to me in August by Mr. 
 Windham, and, as they made some difficulty about it, Mr. Windham agreed to take 
 me into his own service. My wages were 40 a year. I kept a petty cash book, 
 and my master regularly looked over and checked the items. 
 
 1 Sir H. Cairns stated that there was one head of evidence which he would wish to 
 avoid, if possible. It would be recollected that Mr. Windham, in conversation with. 
 Dr. Take, spoke of certain circumstances connected with the conduct of two of his 
 uncles which led him to believe that they would not come forward as witnesses, or 
 prosecute their petition before a jury. Nothing could well be more irksome than to 
 adduce evidence for the purpose of showing the grounds which Mr. Windham had 
 for believing in the truth of those statements, and he should gladly refrain from doing 
 so if Mr. Chambers would give him an assurance that he did not intend to allege 
 that the assertions of Mr. Windham were altogether without foundation. 
 
 Mr. Chambers was prepared to say that he would not use the statements in ques- 
 tion as at all militating against Mr. Windham's sanity, but, he would deal with them 
 as statements which might fairly come out of the mouth of a rational man. 
 
 Sir H. Cairns expressed himself satisfied with the assurance of his learned friend; 
 and 

 
 135 
 
 The Master congratulated all pa7-ties upon having got rid of what might have been 
 a painful and embarrassing head of evidence. 
 
 TWENTY-FIRST DAY. SATURDAY, JANUARY 11. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg - 
 hall, Norfolk, was resumed to-day, in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jmy. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. H. Williams appeared for the peti- 
 tioners ; Mr. Charles llussell, for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Mihvard, 
 for Mr. William Frederick Wir.dham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 MR. DREW, SOMERSET HOTEL, STRAND. 
 
 Mr. H. Drew, examined by Mr. Milward, said I am now the landlord of the 
 Somerset Hotel in the Strand. In 1859 and 1860 I kept the Royal Kent Hotel in 
 Sandgate. Young Mr. Windham came to my house in March, 1860, and stopped 
 about a fortnight. Mr. Horrocka was with him. I saw Mr. Windham every morning 
 and evening, and observed that he associated with some of the officers at Shornclifie. 
 Mr. Windham sometimes dined at the Camp, returning to the hotel about eleven 
 o'clock. He behaved himself very well indeed, and his conduct was not different 
 from that of other gentlemen. I never noticed in him any indication of want of 
 intellect, and believed him to be of sound mind. 
 
 Cross-examined by Mr. Chambers. Mr. Wiudham was a very quiet young man, 
 and his spirits were not particularly high. I never heard him shouting or blowing 
 a railway whistle, nor was he aware of his fondness for driving railway engines. 
 In the morning after breakfast, before he went out, he used to have a glass of sherry 
 and bitters. I never saw the saliva dropping upon his clothes, nor did I observe 
 the peculiar formation of his month until my attention was drawn to it. 
 
 He-examined. It was Mrs. Drew who called my attention to Mr. Windham's 
 month. Even then I did not see any spittle dropping down. Mr. Windham had 
 sherry and bitters only occasionally. 
 
 f MR. CREJIER, NORFOLK. 
 
 .Mr. W. Cremer, examined by Mr. Karslake, said I live at Beeston, in Norfolk. 
 4fy father was a clergyman, and his property and residence are about five miles from 
 Fellbrigg. I knew old Mr. Windham, and occasionally dined with him. The old 
 gentleman used to tell comic tales in the Norfolk dialect, for the amusement of his 
 friends, and he did it very well. I saw a good deal of young Windham when he 
 was a boy. At the end of 1860 I dined with him at Fellbrigg. Mr. Peatfield was 
 there at the time. Captain Windham and Captain Brereton were also of the party. 
 Mr. Windham sat at the head of the table and behaved like a gentleman. The party 
 played whist in the evening, and Mr. Windham seemed able to hold hia own. I 
 visited Fellbrigg after Mr. Windham came of age, but before his marriage be- 
 tween the 10th and the 30th of August. After dinner we walked round the stablea 
 to look at the horses. Mr. Windham seemed to be quite conversant with all sub- 
 jects connected with horses, and his remirks upon them were sensible and rational. 
 I shot with him in September 1859, and on other occasions. He was a rather bad 
 shot, but managed his gnn properly and carefully. I believe him to be a man of sound 
 mind. 
 
 Cross-examined by Mr. Chambers. Windham had a peculiarly-formed mouth, 
 but I cannot say that when a boy he had a particularly dirty face. He was always 
 very noisy, and used to halloo and laugh in a loud tone. There was nothing other- 
 wise to attract notice in his laugh. I have heard that he was in the habit of 
 waiting at table, but never saw him doing so. I am not aware whether Wiudham 
 in his boyhood had a companion of his own age. I have been told that he was in 
 the habit of acting as a guard on railways, but thought it perfectly consistent with 
 sanity in a gentleman of rank and property, afte-r coming of age, to dress himself up 
 as a guard and perform the duties of a guard on a railway. Pointing the attention 
 of ladies to mules while staling is not gentlemanly conduct, but I cannot accept it as 
 a proof of insanity. Windham was generally boisterous in his manner. When 1 
 was at Fellbrigg in August last Windham did nob tell me that he was about to 
 marry Agnes \\illoughby; if he had, I would have advised him not to marry such a 
 person. Old Mr. Wiudham could imitate the sing-song Norfolk dialect very well.
 
 136 
 
 By the Jury. Attributed Mr. Windham's boisterousness to his high spirits, and 
 not to unsoundness of mind. 
 
 3IRS. BROWN, VAUXHALL-ROAD, LONDON. 
 
 Mrs. Brown, examined by Mr. Karslake, said I am a laundress, living in the 
 Vauxhall-road, and washed for the Lewellins for four months from the beginning of 
 July last. I washed Mr. Windham's things, and ascertained, from the stains upon, 
 his linen, that he was suffering from a particular disease. In consequence of that I 
 asked Mrs. Lewellin for a larger price. I washed all Mr. Windham's things, as far 
 as I know, and never observed his linen stained in any other way. I also washed, 
 the household linen, but did not wash any sheets stained as a child would stain, 
 them. On Christmas-day General Windham called at my house, and spoke about 
 my having acted as laundress for the Lewellins. 
 
 The learned gentleman was proceeding to put questions to the witness for the 
 purpose of eliciting from her the purport of her conversation with General Windham 
 when he was interrupted by Mr. Chambers, who submitted that the questions were 
 not such as could be asked after the decision of the Master on Friday, that matters 
 relating to the conduct of General Windham were not relevant to the present 
 inquiry. The objection was sustained by the Master, and the examination in chief 
 of the witness was declared closed. 
 
 Cross-examined by Mr. Chambers. I keep washerwomen, and wash for a good 
 many families ; some of them very large. In the summer there are sometimes fifty 
 pairs of sheets washed in my establishment in a week. Mrs. Lewellin refused to 
 pay extra far Mr. Windham's linen. I, at that time, washed for a good many 
 gentlemen, and was occasionally required to do the things very quickly. 
 
 By the Jury. Nobody besides witness washed for the Lewellins from the begin- 
 ning of July to the end of October, with the exception of the second week in July, 
 when I was unable to do the work. 
 
 MRS. PRITCHAKD, MK. KEWELLIN's SERVANT. 
 
 Mrs. Pritchard, examined by Mr. Milward. I went to live with Lewellins as a 
 servant on the 21st of June last, and stayed about seven weeks. I did the work 
 of a housemaid. Mr. Windham was in the house at the time ; but sometimes he 
 went into the country for a day or two. I had charge of his bedroom, a^d I 
 never saw, either in the room or in the bed, anything peculiar or unusual. I oqca- t 
 sionally gave him his breakfast, which generally consisted of poached eegs, witL 
 sometimes a little bacon. The quantity was not greater than that served up to 
 other gentlemen. I also collected his linen for the wash. He always behaved like a 
 gentleman. When tipsy he talked rather loudly and laughed a good deal. I have 
 Been him drinking after lunch, at half-past two ; I have also seen him occasionally 
 take something in the morning. He usually lunched with Mr. Peatfield, Mr. 
 Lewellin, and sometimes Mr. Partridge. 1 have known them having a dozen of 
 champagne at one lunch, and sometimes they sat till 7 in the evening. Mr. 
 Lewellin occasionally got tipsy and abusive. On such occasions I used to hear 
 them all laughing together. I have heard Mr. Windham imitating a cat when he 
 was tipsy, bnt not when he was sober. I never saw or heard of him running along 
 the passage naked, though I was always about the house. I have very often, 
 seen General Windham in Duke-street. He used to see Mr. and Mrs. Lewellin 
 alone, and occasionally he saw his nephew. He generally talked with Mr. and Mrs. 
 Lewellin in the bar-parlour or office. I have seen Mr. Lewellin giving Mr . Windham 
 his account-book. On one occasion I heard Mr. Windham cry out to Mr. Lewellin, 
 " Come here, old fellow, what is this ? You are sticking it on too strong." Mr. 
 Lewellin took the book, and, I suppose, rectified it. During all the time Mr. 
 Windham was in the house he conducted himself in the same way as other gentle- 
 men, and I believe him to be a person of sound mind. About ten weeks 
 ago Mrs. Lewellin came to me in a cab by herself. I was then at work in 
 Eccleston-place. Mrs. Lewellin said to me, "You know that Mr. Windham 
 used to dirty his bed and run about the house naked when you were with 
 us." She then asked me to go to her house and see the General and tell 
 him so, in return for which she said he would do something good forme and my 
 husband. I refused, whereupon she said she would bring a gentleman down 
 on Friday and make me go. Nothing more passed then, and she went away. She 
 returned with Colonel Broughton, whom she nsed to call her "baby," a few days 
 afterwards. They came in a cab. Mrs. Lewellin said, " You must come to my
 
 137 
 
 house to see the General, for Mr. Windham has been and married a bad woman and 
 squandered all his fortune, and we want to do what we can in it for the General." 
 She also said that the bad woman was going to bring Mr. Windham a child, and tha 
 thing must be done quickly. I told her I would not go to the house, and she 
 went away. Colonel Broaghton heard the conversation. Mrs. Lewellin called 
 again, but I did not see her. She came a fourth time with another gentleman and 
 wished me to go to her house and see the General and tell him that I had seen his 
 nephew running naked about the house. I told her that I bad never seen or heard 
 of such a thing, and that I would not go. She then said it would be the making of 
 me and my husband, as the General had a great many offices into which he could 
 put us, if I would go. I still refused. Nothing more passed, I have not seen Mrs. 
 Lewellin since. I never told her that I had seen Mr. Windham running naked 
 down the passage. On one occasion, I heard Mrs. Lewellin say to her husband, 
 " You are sucking the poor boy dry, and while he has any money left you will stick 
 to him." That was after I had been in Duke-street, about a month. When Colonel 
 Broughton was in the cab, Mrs. Lewellin wished me to tell the General that Mr. 
 Windham was a great gorger and had eaten 17 eggs for breakfast. I told her that 
 was not true, and refused to say anything of the kind. 
 
 Cross-examined by Mr. Chambers. Mr. Windham's linen when sent to the wash 
 was as clean as any other gentleman's. His sheets were changed once a fortnight. 
 I was first examined on Mr. Windham's side about three weeks ago. Tha gentle- 
 man who came to me was Mr. Hunt, a solicitor ; he saw me in Eccleston-place, 
 where I was working as a charwoman. My husband is a bookbinder, but he is in 
 ill-health and does not work at his trado. He does porter's work, and is an auxiliary 
 in the Post-office. Mrs. Lewellin had not employed me before July last. I was re- 
 commended to her by the lady in Eccleston-place. Mr. Windham and Mr. Peatfield 
 were in Duke-street when I first went. 'Except when he was drunk I never saw 
 in Mr. Windham anything different frsm other gentlemen. He was sober in the 
 morning, but generally tipsy in the evening, and then he would laugh and talk 
 with Mr. Peatfield, Mr. Lewellin, and occasionally with Mr. Partridge. Sometimes 
 lie went out in the evening, and I do not know at what hour he returned. I heard 
 caterwauling several times, and was told it was Mr. Windham, but I did not see 
 him. Mr. Peatfield was always yery quiet over his drink, but Mr. Partridge showed 
 he was tipsy by laughing and making fun. I was never in the room when they 
 were in this state, but I heard them. Such junketings took place three or four 
 times a week. I do not remember the precise day on which they drank a dozen of 
 champagne at lunch. I assisted to carry the empty bottles down stairs. The party on 
 that occasion consisted of Mr. Windham, Mr. Lewellin, Mr. Peatfield, Mr. Partridge, 
 and a clergyman named Baty. The clergyman talked a good deal and was as 
 merry as the rest. I saw them through an open door as I passed up and down 
 stairs. When the same gentlemen came together at lunch they generally indulged 
 in this way, and they would not separate until five, six, or seven o'clock in the 
 evening. The imitation of the cat was done very well. I have heard Mr. Windham, 
 shouting in the room with the window open. I never heard him singing " Old Bob 
 Ridley," but I have heard him cry out to Mr. Lewellin, " Well, old fellow, we have 
 'been very jolly together." I never heard him even allude to "Old Bob Ridley," nor 
 did I ever hear him sing something about a " haughty ruffian," ending with " Pop 
 goes his Weasand ! " Mr. Windham did not eat more eggs at breakfast than Mr. 
 Peatfield. He generally breakfasted in his dressing-gown and took his bath after 
 breakfast. Mr. Lewellin prepared the bath, and then Mr. Windham would go in 
 and look the door, like other gentlemen. I last saw him tipsy about the end of 
 July. He got tipsy in the house. He laughed rather loudly, but I never saw him 
 blowing a railway whistle. I never heard that he had a guard's dress and was fond 
 of driving railway engines ; nor did I ever hear him yelping like a dog. He had a 
 peculiar voice, and when he was talking quickly he would slobber at the mouth, but 
 he always used his pocket hankerchief. When I told Mrs. Lewellin that Mr. Wind- 
 ham was not in the habit of dirtying his bed she said, " Oh, I used to change the 
 sheets before you went up to make the bed." I replied, " You never did anything 
 of the sort ; you never helped me or meddled with any of the gentlemen's beds ;" 
 and I refused to go and see the General. Colonel Broughton was present and must 
 have heard the conversation. All the conversations which Mrs. Lewellin had with 
 me, whether in the presence of Colonel Broughton or alone, were pretty much alike. 
 The last time I saw her she was accompanied by Mr. Wood, clerk to Messrs. Field
 
 138 
 
 and Eosooe, the solicitors for the petitioners. She said, " I have brought a gentle- 
 man, as I said I would, about Mr. Windham dirtying his bed and eating 17 eggs for 
 breakfast. You know he used to dirty his bed, ran about naked, and go down into 
 the kitchen and sit on the table." I replied, " He did not go into the kitchen without 
 Mr. Lewellin persuading him to go." I was then called away to my work, and 
 Mrs. Lewellin, referring, I suppose, to the lady who had called me, said, " You are 
 the most uncivilised lot of people I ever knew." I do not recollect at the present 
 moment anything more that passed. Mr. Wood took notes of the conversation. Mr. 
 Windham has made an attempt to kiss me more than once when he was tipsy. lie 
 always did so in the hall, and never in a bedroom. He laughed when he attempted 
 to kiss me, and would run away quickly. I tried to slap his face, but he was too 
 swift for me. He did not handle me roughly, nor was he boisterous. 
 
 Re-examined. There was almost always champagne at lunch. Mr. Peatfield 
 was generally present, and his friends, Mr. Partridge and Mr. Baty, when they 
 came. 
 
 By the Jury. I never found Mr. Windham's bed made as far as the under sheet. 
 While I was in Duke-street Mr. Windham's linen, when it went : to the wash, was 
 not stained in such a way as to warrant an extra charge by the laundress. 
 
 By the Master. When Mr. Windham ordered dinner he was very punctual to the 
 time. I never knew of an instance of Mr. Windham ordering a dinner for a party 
 of guests and nobody coming. Mrs. Lewellin never touched the beds. She said to 
 me in Eccleston-place, " You must keep all this very quiet." On one 'occasion I 
 heard Mrs. Lewellin say to her husband, " It's a shame for you to encourage that, 
 boy to drink ; you are old enough to be his father." It was then she said he would 
 stick to Mr. Windham as long as he had any money left. Mr. and Mrs. Lewellin 
 used to quarrel and use bad language to each other, and they did not care who 
 heard them. 
 
 MRS. BROWN, RE- CALLED. 
 
 Mrs. Brown, the laundress, was re-called. She stated that she applied to 
 Mr. Lewellin for an extra price for washing Mr. Windham's linen in August last, 
 and not before. 
 
 SARAH BKOTVN, LEAVELLIN's COOK. 
 
 Sarah Brown, examined by Mr. Milward. said : I went to the Lewellin's as cook 
 on the 24th of June last, and stayed till the 26th of July. Mr. Windham was there 
 at that time. His breakfast commonly consisted of two poached eggs, with brown 
 bread and butter. He sometimes had a little bacon. I never cooked for him 
 seventeen eggs or anything like it. He was in all respects like other gentlemen. 
 Once on returning from the country he presented a tea urn and a cruet-stand to 
 Mrs. Lewellin. At other times he brought up game, fruit, vegetables, and flowera. 
 They used to have a good deal of wine at lunch, generally champagne. 
 
 Cross-examined by Mr. Chambers. Mr. Windham sometimes went down to the 
 kitchen, but not often, chiefly for the purpose of asking me to be punctual with his 
 lunch. He was fend of joking, but I do not recollect any of his jokee. He was 
 not a very loud laugher. I would not say that Mr. Windham has not kissed me, 
 but he never did so more than once. I neither slapped his face nor threw the- 
 dripping over him. On one occasion Mrs. Pritchard told me that Mr. Windham 
 had taken hold of me and kissed me. I do not believe that I ever sent more than 
 two eggs up to Mr. Windham or Mr. Peatfield for breakfast. I do not know 
 whether Mr. Windham is a large or a small eater, nor can I say whether, when he 
 had gentlemen to lunch or dine with him, they all got drunk together. I wtis never 
 in the dining-room, but if they had made a very great noise I think I must have 
 heard it. I never saw Mr. Peatfield drunk, but on one occasion I was told that 
 Mr. Windham was tipsy. 
 
 Re-examined. I do not know what went on upstairs at lunch; my work was i:a 
 the kitchen, and I seldom left it. 
 
 By the Jury. Mr. Windham could not have been drunk three or four times a 
 week and made a noise in the house with his friends without me knowing it. 
 Sueh, at least, is my opinion ; but all I can say for certainty was that I never saw 
 him drunk. 
 
 By the Master. I have seen as many as a dozen champagne bottles coming 
 down from one lunch. I never cooked a dinner for Mr. Windham when nobody 
 came. During my time Mr. Wiudham never gave an order for a dinner party.
 
 139 
 
 I left Duke-street because the place did not suit her, and also because I had a 
 quarrel with Mr. Lewellin, who was most abusive and insulting in his language. 
 
 CATHARINE BABBAGE. 
 
 Catharine Babbage, examined by Mr. Karslake, said I went to the Lewellins' as 
 housemaid on the 1st of April, 1861, and stayed till the latter end of June. It was 
 my duty to make up the beds and clean the apartments every day. I never found 
 Mr. Windham's bed in a dirty state. Mr. Windham, as far as I saw, was always 
 gentlemanly and respectful to every one. He used to laugh and talk merrily, Jike 
 other young gentlemen of his age, but beyond that I never heard any noise which he 
 made. He was always very clean and particular about his linen and dress. He 
 went out on horseback from 12 till 2 o'clock every day, and he sometimes drove a 
 phaeton. Mra. Lewellin used to try to be familiar with Mr. Windham, but he always 
 repulsed her, and, therefore, it is not surprising that she should always speak ill ot 
 him. I saw General Windham in Duke-street once. He spoke to his nephew, and I 
 heard him tell him in a loud voice that if he was not home by 11 o'clock every night 
 he would get the police to follow him. That was about three weeks before I left. 
 I left of my own accord, and gave Mrs. Lewellin notice three times before she would 
 allow me to go away. It is not true, upon my oath, that Mr. Windham or any 
 Other gentleman ever took indecent liberties with me. 
 
 Cross-examined by Mr. Chambers. Mr, Windham kissed me once in the- 
 presence ot" Mrs. Lewellin, who seemed pleased afc it. Mrs. Lewellin was not 
 jealous of me with Mr. Windham, but I believe she was jealous of me with Colonel* 
 Broughton, though there was not the slightest foundation for it. I have seen 
 Mr. Windham stupid from drink on manj occasions, and once I saw him much 
 intoxicated. It was about the middle of the day ; I do not think he had slept at 
 home the night before. He was not noisy, but merry, singing " I wish I was with 
 Nancy." I never heard him try '.' Old Bob Ridley." He had not a musical voice, 
 but liked to hum about the house. I did not find that he was a good mimic. He 
 laughed merrily, just as if he enjoyed the laugh, but there was nothing particular 
 in it. Mrs. Lewellin never complained that I was too familar with Mr. Windham. 
 One afternoon, when Mrs. Lewellin and Colonel Broughton had, as usual, gone for 
 an airing in a cab, Mr. Lewellin sent me upstairs with two pairs of slippers for Mr. 
 Windham. I did not go into Mr. Windham's room, but knocked at the door, and 
 told him what I had for him. He said he did not want two pairs of slippers ; 
 one would do. At that moment Mr. Lewellin came upstairs in a great rage, 
 charged me with being too familar with the gentlemen in the house, and called me 
 by the grossest names. I left in consequence shortly afterwards. I have a distant 
 relation named Yates now in the service of Mr. Windham ; but he was not recom- 
 mended by me. 
 
 Re-examined. There was no pretence whatever for saying that I was too 
 familiar with the gentlemen in the house. Mr. Lewellin frequently abused me, and 
 his language to every person in the house, his wife included, was of the most dis- 
 gusting description. When I left Duke-street I returned to a former situation, and 
 am there now. i 
 
 MR. H. SHAPPIS, SERVANT TO LEWELLIN. 
 
 Henry Shappis, a Frenchman, examined by Sir H. Cairns, said I was servant at 
 the Lewellin's from August last till a few days ago. I waited upon Mr. Windham 
 at breakfast, lunch, and dinner, and slept in the house. Mr. Windham was very 
 polite, and his manner at meals and at other times were those of a gentleman. He 
 did not make more noise than other people. 
 
 Cross-examined by Mr. Chambers.- I left Duke-street in consequence of a quarrel 
 with Mr. Lewellin. About a fortnight ago Mr. Lewellin asked me to give evidence 
 against Mr. Windham, and told me I should be a good witness. I replied that I had 
 nothing to say against Mr. Windham. Mr. Lewellin then asked me whether I thought 
 Mr. Windham could manage the affairs of his own house. I replied that in iny 
 country gentlemen of fortune did not manage the affairs of their own houses, but 
 had men of business for the purpose. I stated, however, that in my opinion .Mr. 
 Windham was able to manage his affairs, and that t had never observed mm Ling 
 Strange about that gentleman. 
 
 Re-examined. Mr. Lewellin asked me again whether I thought Mr. Windliam 
 was mad. I replied that I did not think he was. Mrs. Lewellin then whispered 
 Something in a low voice to her husband, and nothing more was said at the iiuie,
 
 140 
 
 but Mr. Lewellin abused me every day afterwards, calling me a French thief, and 
 other names too bad to be repeated, and at last struck me and turned me out of 
 the house. I have since applied for a summons against Mr. Lewellin, but the 
 magistrate has refused to grant it until the Windham case has been concluded. 
 The inquiry was again adjourned. 
 
 TWENTY-SECOND DAY. MONDAY, JAN. 13. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrirrg- 
 hall, Norfolk, was resumed Jan. 13th, m the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 MR. G. YONGE, PRIVATE TUTOR. 
 
 Mr. G. Yonge, examined by Mr. Karslake, said I was Mr. Windham's private 
 tutor at Eton from January to March, 1855, and lived in the same house with him. 
 Windham was in the middle remove of the fourth form, and did Ovid and Cornelius 
 INepos in Latin, (Esop and Farnaby in Greek, and a few verses every week. He 
 did his work like the average of boys, but was not very studious. I saw nothing in 
 him which induced me to think he was not of sound mind. 
 
 * Cross-examined by Mr. Chambers. Windham, though not particularly cleanly, 
 was not dirtier than the boys in the fourth form generally. I never noticed the 
 saliva flowing out of the sides of his mouth, or heard that he was treated as a buffoon 
 by the other boys. I knew, however, that he was called "Mad Windham," but I 
 do not know how he came by that name. 
 
 By the Master. I did not see much of Windham, except in the evening, when I 
 assisted him with his lessons for school. 
 
 By the Jury. Windham was always well supplied with money. I was not aware 
 that he ever got into debt. 
 
 MR. INGRAM, TEACHER. 
 
 Mr. Ingram, examined by Mr. Milward. I was the French and mathematical 
 master at Mr. Westmacott's school, in Feltham. Mr. Windham was there for about 
 three year?, beginning in 1850 or 1851. I taught him French, arithmetic, 
 and English. He did the same lessons as other boys of his age, and he had an 
 average capacity. 
 
 Cross-examined by Mr. Chambers. Windham was rather good atFrench. He did 
 not speak the language fluently, but he was well up in Ollendorff, and could translate 
 like the other boys. He did arithmetic very well, as far as fractions and decimals- 
 He was not the most brilliant boy in school, but there were several worse. He was not 
 passionately fond of study, but he did as much work as he was obliged to do. Upon 
 the whole, however, he did not profit so much by the instruction he received as 
 some of the other boys, because he was tot so assiduous as they were. I have 
 checked other boys as well as Windham for the same reason. 
 
 MR. 15ARNES, WINE-MERCHANT. 
 
 Mr. Barnes, examined by Mr. Karslake. I am a wine-merchant in Lincoln's-inn- 
 fields. I know Lewellin. That person was never connected with me as a commission 
 agent. 
 
 A discussion here took place as to whether evidence could be adduced for the 
 mere purpose of discrediting a previous witness. Counsel were heard on both 
 sides, but eventually the Master, without deciding the question one way or the 
 other, induced Mr. Karslake not to press the matter further. Mr. Barnes was 
 accordingly told to stand down. 
 
 ME. CHOARD, SOLICITOR'S CLERK. 
 
 Mr. J. Choard, examined by Mr. Milward. I am a clerk in the office of Mr. 
 Chappel, solicitor, Golden-square. Last summer a suit was brought in the County 
 Court against Mr. Windham by his groom. Mr. Windham was examined for 
 twenty minutes, and gave his evidence reasonably and intelligently. The decision 
 was in his favour. The suit involved the question of accounts. Mr. Windham 
 discussed the items one by one, and those he objected to were disallowed. 
 
 Cross-examined by Mr. Chambers. I have written no letters for Mr. Chappel in
 
 141 
 
 the matter of the petition, but I attended before the Lords Justices on behalf of 
 Lady Sophia. I never made a proposal that Lady Sophia should join in the petition. 
 Mr. Lewellin accompanied Mr. Windham to the County Court, and took some parb 
 in the proceedings. 
 
 Eliza Sophia Dignam, examined by Mr. Karslake. I am a sister of Mrs. Lewellin, 
 and was in the habit of visited her in Duke-street at the time Mr. Windham was 
 living there. The first visit I made was in March, 1861, and I stayed till the 4th of 
 June. I returned two days before Mr. Windham was married. Occasionally I had 
 gone in the interval and stayed for the night. Afterwards I usually visited my sister 
 two or three times a week. While I stayed with her I assisted in making the beds 
 every day, and I have waited upon Mr. Windham at breakfast and luncheon. Hia ?" 
 conduct towards me was most gentlemanly. I never saw anything wrong with him, 
 nor did I ever notice anything unusual or peculiar in his bedroom. Mr. Windham , 
 had a good appetite, but nothing exorbitant. I have remained in the room and 
 seen him eat his breakfast, which commonly consisted of a little bacon, two eggs, 
 or a mutton chop. At breakfast he used to read the Times and discuss the news 
 with mo or any one else who happened to be in the room. I have heard Mr. 
 Windham sing and whistle, but you could not call him noisy only merry. In 
 October I went with Mrs. Lewellin to the office of Mr. Field, the solicitor to the 
 petitioners. I did not know the nature of her business. A gentleman took 
 down my sister's evidence. General Windham came in three minutes after we 
 had arrived, and remained the whole time. I had seen him in Duke-street 
 once before his nephew's marriage, but a dozen times after. The last 
 time I saw him there was on Colonel Broughton's birthday, the 25th of October. 
 Colonel Broughton gave a dinner, and his guests were General Windham, Mr. 
 Liberty, the wine merchant, Mr. and Mrs. Lewellin, and myself. We 
 were in Mr. Field's office for an hour and a-half or two hours. I heard the state- 
 ment made by my sister, and, to the best of my belief, it was entirely false. After 
 she had made it General Windham thanked her, said he was highly delighted with 
 ler, and extremely obliged to her. I left the office with my sister. When we got 
 outside I said, " Oh, Augusta, what lies you have been telling !" She replied, 
 " Windham never did like me, I wonder what ho will think of me now. I have 
 given it him pretty strong, I think, and his lady-love too." Nobody asked me to 
 give evidence when I was in the office. Mr. Field did not say in my presence that 
 lie would not trouble me for my evidence one witness would be enough. General 
 Windham said, referring to me, " This little woman would say what she knows, but 
 I have never asked her what it is ; she is also very nervous, and I am afraid she 
 would break down in cross-examination." I have not slept in the house in Duke- 
 street since that occasion. Up to that time I do not remember having any quarrel 
 with my sister. 
 
 Cross-examined by Mr. Chambers. One evening last summer I went to Cremorne- 
 gardens, accompanied by two little girls, and a gentleman who said his name was 
 Roberts, and he lived in Piccadilly, offered to drive me home in his brougham. He 
 said, " Oh ! what pretty eyes you have ; I could see them half a mile off." I replied, 
 " What a pity Simpson does riot know it ; he might save his gas." (A laugh.) 
 Roberts stayed with me about five minutes and then went away. I have 
 seen him with his brougham in the street, but I never called at his house in 
 Piccadilly except once, when Mrs. Lewellin took me there on business of her 
 own. One of the girls I had at Cremorne was about eight years of age and the other 
 about 14. The former was staying with me on a visit at the time, and the latter 
 yras the daughter of a neighbour. I was then and am now living in apartments in 
 3n Pimlico, which had been taken for me by my sister. She paid the rent for 
 some time, but she has long^ ceased to do so. I have no income of my own and am ; 
 supported by kind friends. I had a quarrel with the Lewellins in 1860 about an 
 I O U for 30. I sued him in the County Court and got the money. Some time 
 after I wrote a letter to Mr. Lewellin asking forgiveness. I was then living with my 
 brother Conway in Fulham-fields, and was very ill-off. It was after that letter was J 
 written that my sister took apartments for me and sent me to a finishing school. ' 
 Conway and I hare never made a disturbance in the house in Duke-street. My 
 brother often visits me. I knew that he was very ill-off last autumn, but I was not 
 aware that he begged in the streets. He came to the court with me to-day, for I 
 am to frightened to walk alone, as the Lewellins are always after me. 
 . Ee-examined. They have followed me ever since this trial began. I asked
 
 r 142 
 
 orgiveness from Mr. Lewellin in 1860, because I had said things to him in a 
 passion which I ought not to have said, and I wanted to be friends again. My sister 
 has addressed many affectionate letters to me since. 
 
 Mr. Karslake wished to put in those letters, but Mr. Chambers objected, and, as 
 they turned out to be the same letters which the Court refused to allow Mrs. 
 Lewellin to be examined upon some few weeks ago, on the ground that they were 
 quite irrelevant to this inquiry, the objection was sustained. 
 
 CONWAY DIGNAM, BROTHER OF MRS. LEWELLIN. 
 
 Conway Dignam, examined by Mr. Milward. I am a brother of Mr?. Lewellin. 
 Some time ago I met her in St. James's-street. She said to me, " Ah ! Conway, 
 what are you doing ?" I replied, "Nothing at present." She said, " I know of a 
 capital thing for you. Did ever you hear of young Windham ?" I replied, " I have 
 a faint recollection of the name." She said, " Well, his uncle the General is going 
 to bring him in mad, and if you would come forward on the General's side and state 
 this, it would be the making of you, and you would not require a situation." I 
 repUed, " How can you ask me to state such a thing when you know that I know 
 nothing of young Mr. Windham or the General either ?" She said, " You know as 
 much as most people. What I shall want you to say is this, that you lived in Duke-street 
 as clerk, and waited upon Mr. Windham, and had ample opportunities of seeing his 
 conduct." I replied, " I shall do no such thing. How can you ask me to come 
 against a young man and put him in a mad-house when I know nothing at all about 
 him ?" She said, " You are very foolish. It is the General will have the money, 
 not young Windham. You don't think that I am working for nothing do you ?" I 
 replied, " I shan't come and forswear myself in any court for you, or twenty Generals. 
 I would sooner remain in my present position than injure a young man I know 
 nothing about." She said, " If you don't comply with my wishes you may do 
 what you like. What does it signify if you do bring in young Windham insane ? It 
 will not injure you, but it will be the making of you." I then left her. I have seen. 
 Mr. Windham walking, riding, and driving, but I do not think I have ever spoken, 
 to him in my life. My sister did not know whether I was acquainted with Mr. 
 Windham or not. I have never been in her house in Duke-street in my life, and, 
 of course, I never acted as clerk there. 
 
 Cross-examined by Mr. Chambers. I have been living for about a week in the 
 Westminster road, but do not know the number. I am supported by my friends. 
 I am out of a situation, but am endeavouring to get one every day. I have been out 
 of a situation ever since my mother's death about two years ago. Before that event 
 I was in several situations. The last place I had was in Lime street, where I was 
 head clerk to a general merchant, with a salary of 15s. a week. (A. laugh.) My 
 mother was a lady of independent means, and being the youngest child I was 
 selected as the one to stay at home with her. I read, wrote, and rode with her up 
 to the time of her death. I have lately earned some money by writing and copying, 
 for I am a moderate scholar, but not enough to keep me. I have not worked upon 
 any o/ the papers in this case. Nobody asked me to give evidence. I went myself 
 to Mr. Gregory, the solicitor for Mr. Windham. The conversation with my sister 
 in St. James's street took place in October. I have corresponded with her since, 
 asking her to say to the police that I had lived with her for six months, in order 
 that I might be enabled to get a conductor's license. I never lived for six 
 months with her, but she had told me she would do what she could to get me a 
 situation, and would recommend me anywhere for honesty, sobriety, and industry. 
 She lias not spoken to the police. 
 
 He-examined. I have beer, so reduced that I would be glad to accept the pi ace of 
 a conductor. I have tried everything I could to get a situation, but have failed. 
 jVIy sister did not answer my letter. I went to Mr. Gregory voluntarily, in conse- 
 quence of a false statement made by Mrs. Lewellin about Eliza Sophia, whom I 
 know to be a good, virtuous, young woman. I was not in Duke-street on Christmas- 
 day, and elid not make a disturbance. I was at Brixton the whole of the day. 
 
 By the Jury. I got 60 at my mother's death, and I have a sister in America 
 who sends me a little money occasionally. I got 3 from her by the last mail. My 
 mother had ample means, but they died with her. I was in court when Mrs. 
 Lewellin said she had met me in the streets ragged and begging. She gave me 
 some clothes afterwards, including those I now wear. 
 
 By the Master. The statement made by Mrs. Lewellin when she was examined
 
 143 
 
 about the conversation in St. James'B-street was totally false. I have taken out a 
 summons against Mr. Lewellin for an assault committed upon me in the Burlington- 
 arcade. 
 
 MR. HILL, BANKER, NORWICH. 
 
 Mr. Hill, examined by Mr. Milward. I am the manager of the Crown Bank in 
 Norwich, and know the Windham family. In 1860 Mr. Windham borrowed 20 
 from the bank, and in August last year he opened an account. The first sum paid 
 into his credit was 908 14s., and the second and last 1,000. From time to time 
 he drew checks against the amounts paid to his credit. Sometimes he drew them 
 in the banking-house. There is still a small sum to his credit. I had no gus- 
 picion that there was anything wrong with his mind. He talked rationally and 
 sensibly. 
 
 Cross-examined by Mr. Chambers. The balance remaining to his credit waa 
 about 17. His largest check was for 300. One drawn in favour of Mr. Bowen 
 May was for 200, and was dated the 29th of August, 1861. Another, dated the 
 5th of November, was drawn in favour of Mr. Barries, a publican in the Haymarket, 
 and was for 15 5s. A third was dated Fellbrig<? f October 27, 1861, and che 
 sum (139) was payable to James Roberts. A fourth, dated October 28, was for 
 300, and waa drawn in favour of Mrs. Windham. On the back were written the 
 words, " In exchange for money, Agnes Windham." Another check, drawn on 
 the same day, waa also in favour of 3Irs. Windham, the amount being 157, and 
 it was endorsed " J. P. Davis." One dated November 1, 1861, for 100, was en- 
 dorsed on the back " Lawrence and Fry." There were 21- checks in all. I have 
 no private acquaintance with Mr. Windham. 
 
 By Mr. Coleridge. The check endorsed " J. P. Davis" was paid through the 
 Bank of England. 
 
 MR. KEMP, RYBE. 
 
 Mr. Kemp, examined by Mr. Milward : I am the proprietor of the Esplanade 
 Baths at Piyde, and have a house adjoining, which I let out to lodgers. Mr. Wind- 
 ham lodged with me in April, 1860, for three weeks ; and again in May, 1861, for 
 nearly a fortnight. He was in the habit of bathing every morning, and was par- 
 ticularly cleanly in his rooms. I believe him to be of sound mind. 
 
 Cross-examined. Mr. Windham was a very sober man. What I mean by his 
 being particularly clean in his rooms was, that he used to fold up his things and put 
 them on a chair. I never noticed anything particular about him. 
 
 Mrs. Kemp, the wife of the last witness, corroborated his evidence. She 
 said Mr. Windham behaved like a gentleman, and gave no trouble or annoyance 
 whatever. 
 
 By the Master. I have heard Mr. Horrocks speak unkindly to Mr. Windham. 
 They did not seem to be on good terms. In 1861 the tutor waa Mr. Peatfield ; he 
 agreed very well with his pupil. 
 
 JEAN SOUNEY, WAITER, PAKIS. 
 
 Jean Souney, a waiter in the H&tel Menrice, Eue de Rivoli, Paris. Mr. Windham 
 come to the hotel at midnight on the 31st of August laet, accompanied by Mrs. 
 Windham, her sister, and a man and a maid servant. The party stayed ten or 
 twelve days. They had a suite of apartments on the first floor, and dined at the 
 talle d'hote. Mr. Windham had a bath every morning. There was nothing unusual 
 in the conduct of any of the family. They rode about during the day and went 
 to the theatre in the evening, just the same as other people. 
 
 Cross-examined. Mr. Windham seemed to be very fond of his wife, but she did 
 not appear to care so much for him. 
 
 HE. CONNOR, PRIVATE TUTOR, TORQUAY. 
 
 Mr. Connor, a private tutor, Torquay : I knew Mr. Windham and have fre- 
 quently conversed with him, and I think him to be a person of sound mind. 
 
 Cross-examined. I have seen Mr. Windham only once since 1858. I never 
 saw lii-n acting as a linkboy and lighting people to their carriages. 
 
 By the Master. The last time I saw Mr. Windham was on the 18th of last 
 month. I met him accidentally in Palace-yard, and said I supposed it was an 
 anxious time for him, and asked him how he thought the case was going on. Mr. 
 Windham replied that he was not making himself very miserable, and that ha 
 had no doubt about the result. He seemed to be in good spirits. 
 
 The inquiry was then adjourned.
 
 144 . 
 
 The jury intimated in writing their unanimous opinion to the Court that Counsel 
 should not be present at their interview with Mr. Windham, but no final decision 
 was come to on the matter. 
 
 TWENTY-THIRD DAY. TUESDAY, JAN. 14. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Kussell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 THE MASTER. 
 
 I am sorry to say that I have been informed by several jurymen that they are 
 very ill, and that nothing but a strong sense of public duty would have induced 
 them to disregard the advice of their medical attendants, and to leave their homes 
 to-day. The present is the 23rd day of the inquiry, and the jury are naturally 
 anxious to know when the case will be concluded. For my own part, I can do 
 nothing but rely, which I do implicitly, upon the discretion of counsel, and I would 
 advise the jury to hear the case to the end with that tranquillity and patience 
 which they have manifested hitherto. If I had endeavoured to interfere with the 
 petitioners in any way, they would probably have said that they were not allowed 
 to lay their case fairly and fully before the jury. I have not so interfered, and ib 
 appears to me that I would be acting most unjustly if I were to place any restric- 
 tions upon Mr. Windham and his advisers, who have an equal right with the peti- 
 tioners to a fair and ample hearing. 
 
 Mr. Chambers. Something has been said elsewhere about the cross-examination 
 of the witnesses for Mr. Windham. All I have to state upon that point is that 
 if I were not ,to cross-examine the witnesses as they appeared in the box I should 
 probably be obliged, when the time came, to address the jury for four days. I think ifc 
 "better in order to save time, to deal with the defects in the evidence as they arise. 
 
 Mr. Milward. As the representative of Mr. Windham, I have to make only one 
 or two observations. It will be recollected that the case for the petitioners occupied 
 twelve days. Up to the present time only eight days have been devoted to the 
 defence of Mr. Windham. 
 
 The Master. More than that. This is the twenty-third day of the inquiry. 
 
 Mr. Milward. I meant to say that the evidence for Mr. Windham has occupied 
 only eight days, the other two days having been given to the speeuh of Sir Hugh 
 Cairns. 
 
 The Master; Yes, but that speech was part of your defence. 
 
 Mr. Milward. I must remind the Court that the inquiry extends over the whole 
 of Mr. Windham' s life, and that it is more difficult to answer a proposition than to 
 state it. However, I have much pleasure in announcing that the whole of the re- 
 maining proof has been carefully sifted and weeded, that every piece of evidence 
 has been withdrawn which can be omitted with justice to Mr. Windham, and that 
 in future not a single moment of time will be wasted. I am not without hopes that 
 in a day or two the advisers of Mr. Windham will be enabled to close their evidence. 
 
 The Master. I am glad to hear the remarks of Mr. Milward, and think the jury 
 cannot do better than trust to the discretion of counsel. I am sure that all parties 
 must be anxious to conclude the case as soon as possible. 
 
 SIGNOR CAMPANA, TEACHER OF MUSIC. 
 
 Signer Campana, interpreted by Mr. Albert. I am a composer and teacher of 
 music, and reside in Westbourne-place, Eaton-square. In 1857 I was living in. 
 Torquay, and waa on terms of intimacy with Lady Sophia Windham and her son, 
 the .subject of the present inquiry. On one or two occasions Mr. Windham pulled 
 me gently by the whiskers by way of joke four s'amuser but he never pushed 
 me against the wall, or did a oything to give me offence. 
 
 MR. MURRAY, IRONMASTER. 
 
 Mr. Murray, examined by Mr. Milward. I am an ironmaster in the neighbour- 
 hood of Glasgow. I have been for several years a director of the Gartnavel Lunatic 
 Asylum, near that city. In August, 1858, 1 was travelling with two of my daughters
 
 MK. 1UHSLAKE, Q C.
 
 
 IKft
 
 147 
 
 in the Highlands. I met Mr. Windham during the course of the journey, and we 
 travelled by the same route for one or two days. I conversed with him upon the 
 ordinary topics of the day. Mr. Windham was a rollicking, thoughtless, free-and- 
 easy young man, boisterous in his manner sometimes, and fond of fun, like a boy 
 fresh from school ; but I saw in him no indication of insanity. 
 
 By the Master There was a tutor with him, but they did not seem to associata 
 much on the journey. 
 
 MR. ANDREWS, FAK3IER. 
 
 Mr. Andrews, of Eimpton, Somersetshire. I became acquainted with Mr. Wind- 
 ham in the summer of 1857. Mr. Windham was then a pupil with the rector of 
 Kimpton. I know him intimately, and have ofteu had him at my house. The ac- 
 quaintance continued till Mr. Windham left, in the latter part of 1858. At first I 
 had rather a prejudice against him for his appearance and manners, but afterwards 
 I changed my opinion of him. Mr. Windham has high animal spirits, and is very 
 open and unreserved. He is affectionate to those who treat him with kindness, and 
 on one occasion he acted kindly and benevolently to a poor parishioner. There 
 is nothing ungentlemanly or unbecoming in his conduct. He occasionally drovo out 
 Mrs. Andrews and her daughters. Before he left in 1858, he made a proposal of 
 marriage to one of the young ladies. Subsequently a correspondence took place on 
 the subject between Mr. Windham and myself, but the result was that the proposal 
 was rejected on the ground of the extreme youth of the parties. I had no other 
 reason for refusing my assent to the proposed marriage. Lady Sophia, when 
 appealed to on the subject, concurred in this decision. There were no personal 
 reasons, intellectual or otherwise, which induced me to reject the proposal. I 
 thought that the obvious faults of Mr. Windham openness and unguardedness 
 would disappear as he advanced in life, as they were only such as were frequently 
 observable in boys of his age. It never crossed my mind that Mr. Windham showe< '. 
 any indication either of imbecility or of insanity. 
 
 Cross-examined. Mr. Windham did not tell me at any time that he had proposed to 
 other young ladies. 
 
 SIR W. 1'OSTER, SOLICITOR, NORWICH. 
 
 Sir W. Foster, a solicitor in Norwich : I was professional adviser to the late Mr. 
 Windham, who was rather hasty and choleric in temper. I had the steward- 
 ship of the Windham estates for 40 years. I have known young Mr. Windham 
 from his birth. After that gentleman came of age I wrote to him to say that I should 
 be glad to be continued in the stewardship. Mr. Windham did not reply by letter, 
 but he met me shortly afterwards in Norwich, and said to me, " Of course, old fellow, 
 I should not dream of taking the manors away from you, and I beg you will continue 
 to act as usual." On that occasion we talked together for a quarter of an hour 
 Mr. Windham spoke of his marriage, and invited me to Fellbrigg to be introdiiced 
 to his wife. I did not go. I have transacted business with Mr.- Windham, and 
 believe him to be a person of sound mind. 
 
 Cross-examined. Mr. Windham wanted a good deal of assistance, but he was 
 perfectly sound in mind. He knew nothing about his estate, like hundreds of other 
 young men, but he was perfectly competent to manage it with help. 1 never said 
 he was incompetent to manage his affairs. I absolutely declined to be introduced to 
 Mrs. Windham, because, as I told Mr. Windham, I understood ho married a person 
 of not very good character, and I did not want to make her acquaintance. Mr. 
 Windham replied, " I assure you she is a lady." I said, " I must have., something 
 more than your ipse dixil on that subject," and I added that if Mr. Wintiham could 
 refer me to any authority for satisfaction upon the point I should be delighted to 
 do my best to set him right with the county. Mr. Windham repeated that his wife 
 was a lady, and so the subject dropped. 1 knew that Mr. Windham did not always 
 speak the truth, but I cannot say that his falsehoods were causeless or objectless. 
 Mr. Windham had no idea of the value of his timber, and he required the assistance 
 of a person who would manage his estate, or teach him how to do so himself. He 
 had had no education at all, nobody to teach him, no opportunity of learning the 
 value of his timber, or how to manage his estate. I do not recollect saying 
 " Windham en nnot be guided ; nobody can hold him;" but I might have said so, 
 meaning simply that Mr. Windham was a wild boy. I do not believe that in four 
 years 20,000 worth of timber could be cut down at Fellbrigg without damaging 
 the ornamental character of the park. Mr. Wiudham never consulted mo about, 
 
 K2
 
 148 
 
 selling off his timber. I do not think he feels conscious of his ignorance of the 
 value or management of his property. 
 
 Re-examined. I never had any means of testing the knowledge of Mr. Windham 
 about the value of his timber ; in fact, I never talked to him about his property, 
 and the opinion which I expressed upon that point in cross-examination was formed 
 upon what I had read in the newspapers. I believe that Mr. Windham is quite 
 capable of being taught how to manage his affairs, but he would require more 
 teaching than moat other young men. He was always, as it seemed to me, a difficult 
 young man to hold together. 40,000 worth of timber might without injury be 
 cut on the Windham estates, including the devised property. The marriage of Mr. 
 Windham caused a strong feeling against him in the county. 
 
 By the Jury. When I said that Mr. Windham had no education, I meant in the 
 management of property. Old Mr. Windham was quite competent to manage his 
 affairs. Young Mr. Windham is below par; but I do not believe him to be an idiot 
 or a lunatic. His marriage has been his ruin, but if he had fallen into better hands 
 he would have got on very well. It is impossible to account for many things in his 
 conduct, but I believe his marriage, the unusual terms of the marriage settlement, 
 and his getting into debt to the extent of 30,000 in four months to be consistent 
 with sanity. Young men do strange things in love ; and, besides, Mr. Windham is 
 a person easily persuaded by others. 
 
 ME. BRUCE. 
 
 Mr. Bruce, residing in Westbonrne-terrace : I met Colonel Bathnrst and Mr. 
 Windham at Baden Baden in 1859, and travelled with them for ten days or a fort- 
 night in the Black Forest. I believe Mr. Windham to be a person of perfectly 
 sound mind. 
 
 Cross-examined. Mr. Windham was uneducated, uncouth in his manners, and 
 more like a groom than a gentleman. On one occasion, when he was misbehaving 
 himself, Colonel Bathurst knocked him down, and he blubbered like a child. Mr. 
 
 Windham called Colonel Bathurst " a aristocratic humbug." The Colonel told 
 
 him that if he repeated such language he would knock him down. Windham did 
 repeat it, and the Colonel knocked him down. He was in the habit of using coarse 
 and filthy language and of laughing rather loudly. 
 
 Re-examined. Windham called Colonel Bathurst " a aristocratic humbug " 
 
 because the Colonel had expressed his displeasure at Windham imitating his style 
 of walking. 
 
 MR. LAWRENCE, TIMBER BROKER. 
 
 Mr. Lawrence, examined by Mr. Karslake. I am in partnership with Mr. Fry. 
 We carry on the business of timber-brokers in the city of London. I have known 
 Mr. Roberts for many years as a person connected with the timber trade. Mr. Fry, 
 my partner, is a cousin of Mr. Gurney, of Gurney, Overend, and Co. I believe 
 Mr. Roberts has been concerned in Government contracts for timber. He intro- 
 duced Mr. Windham to me in the first or second week of October last. Mr. Wind- 
 ham said he had some timber to sell, and asked me if we were in a position to 
 purchase it. He said he was very short of money, and asked me to examine a paper 
 of conditions. I did so, and then told him I would go into the matter, and I had no 
 doubt we would purchase the timber. I afterwards went down to Fellbrigg, but 
 before leaving town I had a second interview with Mr. Windham on the subject. I 
 went to Fellbrigg on the 24th October. Mr. Fry accompanied me. I had pre- 
 viously seen Mr, Robinson, a large timber contractor, and had mentioned the 
 contract to him. He authorized us, if we found it a suitable contract, to enter 
 into it for him. We stayed at Fellbrigg till the morning of the 26th of October. 
 I had the rough draught of the contract, or agreement, with me. On the 25th I 
 was driven over the estate to see the timber by Mr. Windham. I ascertained 
 generally what timber there was on the estate, and afterwards inquired into the 
 means of carriage. We found that , we should have to take the timber by road 
 to Norwich, a distance of about twenty-three miles, and then by railway to London, 
 or by water from Yarmouth. The agreement was signed on the 25th. It runs 
 aa follows: 
 
 "October 25, 1861. 
 
 " William Frederick Windham, Esq., of Fellbrigg-hall, Norfolk, agrees for himself, 
 his heirs, successors, and assigns, to sell to William Francis Lawrence and Walter 
 Joseph Fry, of 10, New Broad-street, London, the whole of the timber which may
 
 149 
 
 be cut on his Norfolk estates during the next four years, to the extent of not less 
 than 5,000 per annum, and on the following conditions : The t>ak timber trees to 
 be paid for at the rate of 12d. per cubic foot, string measure, for all above 13 inches 
 square, and 8d. per cubic foot for all oak timber trees that may be under 13 inches 
 square, and for all other kinds of timber trees about 14 inches square at 6d. per 
 cubic foot. The trees to be taken by the buyers as they now are and stand, the lop 
 and top branches and bark to be the property of the buyers in consideration of their 
 paying all expenses for felling, &c. . . The measurement for the girth to be 
 taken (clear of the bark) at two-thirds from the butt- end of the tree, and for the 
 length, by two parties to be appointed, who are to choose an umpire before they 
 begin to work, to decide in case of dispute. Mr. Windham agrees to give free 
 ingress and egress to the buyers, their men, horses, &c., for the above purposes, and 
 to let them a piece of land of four or five acres at the rate of 1 per acre. This 
 contract only to be binding on the payment of 1,000 into the hands of Mr. Windham, 
 and the remainder in monthly payments of 350 per month, commencing from 
 January, 1862. Timber trees which may required to be cut down, and which are 
 under 10 inches square, to be agreed for afterwards, as the above contract does not 
 contemplate any trees being cut down of small size unless absolutely necessary, 
 
 " W F. WINDHAM. 
 
 "Witness to the signature of W. F. Windham, Esq., 
 
 " AGNES WINDHAM." 
 
 I saw a great deal of ornamental timber about the estate. It was perfectly under- 
 stood that we were not to cut the ornamental timber ; it was so stated. The object 
 of the last clause was that the growing timber should not be touched that no more 
 should be cut than was absolutely necessary. The 1,000, which we agreed to pay, 
 was paid on the 25th. Winter-felled timber could be cut at any time after Novem- 
 ber. We should not get the bark in that case. The timber of which we wanted to 
 get the bark would be cut in March. I saw a good deal of overgrown timber on 
 the estate. We were to take all sorts of timber. I calculated that before getting 
 any return we should have to expend between 3,000 and 1,000. Mr. Robinson 
 took the contract, and gave us the 1,000 to pay to Mr. Windham. We are only 
 the brokers, but Mr. Windham does not know Mr. Robinson, as we never give the 
 names of our principals. A Mr. Freebridge went down and examined the timber 
 at cur request. He his a man of great experience in valuing timber. Shortly after 
 entering into the contract General Windham called upon me, and learnt from me 
 the terms of the agreement. I forget whether I gave him a copy of it, but I think 
 I did. I saw him twice. We made him an offer with respect to the contract. We 
 proposed to give it up, provided we got our money back, and an indemnity against 
 future legal proceedings. Having regard to the nature of the timber and the 
 distance, the contract is not particularly advantageous to us. In all his dealings 
 with us Mr. Windham conducted himself like a reasonable and sane man. 
 
 Cross-examined by Mr. Chambers. Mr. Fry attends to the financial part of the 
 business ; he knows nothing about timber. I got the 1,000 which I paid to Mr. 
 Windham from my own bankers. On the 29th of October I received 4,250 in the 
 form of acceptances from Mr. Robinson. That was after I had advanced the l,OOO 
 by way of deposit. Some of the acceptances have been discounted ; the others we 
 have. It is possible, indeed, that all have been discounted. I cannot say when 
 they were discounted, or where they are to be found now. They are all six- 
 months' bills, but I do not recollect how they are divided as to amounts. Mr. 
 Robinson carries on his business at 14, Mark-lane ; he has been there for about 
 two years. Before that he~ was a member of the Stock-Exchange. He rents a 
 house in the Clapham-road which I formerly lived in, but it does not belong to me. 
 He took it off my hands about nine months or a year ago. My eldest brother is 
 his partner, and has been so nearly two years. Our principals in the Fellbrigg 
 transactions were Robinson and Company. I have known Roberts for twenty years. 
 He was a bankrupt about ten years ago. I was not a creditor of his ; but I have 
 had dealings with him in the timber trade. Roberts was a timber merchant and 
 Government contractor. Our place of business is No. 10, New Broad-street. Mr. 
 Windham came to our office accompanied by Roberts, who said, " Here is a gentle- 
 man who has some timber to sell." That was the first time I heard of Mr. Wind- 
 ham having timber to sell. I had not had any conversation with Roberts on 
 the subject before. I did not recognize the handwriting of the paper of 
 conditions. I told Mr. Windham that I would look into the matter, and
 
 150 
 
 let him know the result in a few days. He gave me his address at the house 
 in Piccadilly. I did not go there, but Mr. Windham and Mr. Roberts called 
 at our office a second time. I then told Mr. Windhara that I would go down to Fell- 
 brigg myself, and that if the timber was there we should probably take it from him. 
 My partner and I travelled to Fellbrigg alone. It was not arranged that Roberta 
 should meet us at Fellbrigg, but we found him there. The only other persons we 
 saw at Fellbrigg were Mr. and Mrs. Windham. We remained two nights and one 
 day. It is the habit of timber-growers to prepare their own contracts. In the pre- 
 sent instance I copied out the paper which had been brought to me by Mr. Wind- 
 ham and Mr. Roberts, and left the original at Fellbrigg. The copy was signed by 
 Mr. Windham before dinner on the evening of the 25th of October, in the presence 
 of Mrs. Windham, Mr. Fry, and myself. Mr. Roberts was not present, but I think 
 he was in the house. Mr. Mostin, the bailiff, may also have been in the house, but 
 I did not see him. No arrangement was made as to the time when we should com- 
 mence to cut. Not a single stick has been felled. I made the offer which I have 
 mentioned to General Windham the first time I saw him. After a time I became 
 so disgusted with the whole affair that I may have said to Mr. Hansell, the solicitor 
 to General Windham, that it was so low a transaction that I would rather lose my 
 1,000 than have anything to do with it ; but I do not recollect having used those 
 words. Roberts would have received the usual consideration of 1 per cent, upon 
 the gross amount of the contract, but that was all the interest he had in it. Mr. 
 Robinson gave us his orders about the contract verbally, and I can show no writing 
 from him on the subject. We depended upon his honour for fulfilling the terms of 
 the contract which he had entrusted us to conclude for him. 
 
 Re-examined. We enter into a great many timber contracts for Mr. Robinson 
 in the course of a year. There was nothing unusual in the present case. Roberts 
 was entitled to 1 per cent, because he introduced the business. He has been paid 
 nothing. At one time Roberts had a large business as a mahogany merchant. I 
 became acquainted with him when I was a timber measurer, and I have done 
 business for him as a broker. We have very large contracts passing through our 
 hands sometimes to the amount of a quarter of a million. 
 
 By the Jury. We never made a contract for the purchase of growing timber 
 before. The average price of oak, delivered in the yard of the purchaser, is about 
 2s. per cubic foot. Here the price was fixed at Is. per cubic foot, but we were to 
 pay for the carriage, and Fellbrigg is far from the market. It was optional for Mr. 
 Windham to cut what quantity of timber he pleased, but we were bound, if required 
 by him, to take it to the extent of 5,000 per annum. It was understood that none 
 of the ornamental trees were to be cut. It is not a usual mode of measurement for 
 the girth to take it at two-thirds of the length from the butt-end, but here no 
 allowance was to be made for defects, which ought to count as equal to a difference 
 of 10 per cent, in the price. I do not consider the contract a particularly advan- 
 tageous one. 
 
 SIR HUGH CAIRNS. 
 
 Before calling the next witness I wish to refer to a conversation which took place 
 on Monday with respect to the examination of Mr. Windham, and the question 
 whether or not counsel should be present. It is frequently desirable to examine 
 alleged lunatics in private, and sometimes the sex or the health of the parties 
 make it necessary to do so ; but in the present instance, speaking on behalf of Mr. 
 Windham, I should deprecate a private examination. There is no reason why my 
 client should not be examined in open court, and Mr. Windham himself desires 
 that his examination shall take place in public, in precisely the same way as that 
 of the other witnesses. 
 
 MR. COLEEIDGE. 
 
 Considering the manner and tone in which certain questions have been put to 
 many of the witnesses called on behalf of Mr. Windham a manner and tone which 
 I have never in my experience seen equalled I shall feel it my duty to be present at 
 the examination of Mr. Windham, wheresoever and whensoever it may take place, 
 to be myself a witness of every question addressed to him, of the tone in which it 
 is put, and of the person from whom it proceeded. 
 
 MR. CHAMBERS. 
 
 I have no opinion to offer on the subject, but I may state that the exclusion of 
 counsel is not unprecedented.
 
 151 
 
 THE MASTER. 
 
 I have no wish to make Mr. Windham a public exhibition in open court, whether 
 with or without his consent ; and, indeed, the nature of the topics upon which he 
 must be questioned is such as to render even a private examination extremely painful. 
 It would be almost inhuman to examine Mr. Windham in public, and I have been 
 thinking whether even in private I ought not to exclude certain topics. To permit 
 such topics to be gone into in open court would almost amount to a public outrage. 
 As far as I am concerned, however, I have no objection to the presence of counsel ; 
 but in any case Mr. Windham will find himself, God knows, in very friendly hands. 
 In conclusion, I have merely to say that the thought of the examination taking 
 place in public would exercise a paralyzing effect upon me, rendering me unable to 
 fulfil my duties. 
 
 SIR HUGH CAIRNS. 
 
 The opinion entertained and expressed by my client, is that everything which could 
 cause pain has already been placed before the public. -He is pei-fectly willing that 
 the examination should be conducted in open court. 
 
 SIB G. ARMYTAGE, THE FOREMAN OF THE JURY. 
 
 Our only desire is that Mr. Windham should be as much at his ease as possible 
 during his examination, and therefore we think a private interview will be better 
 and more fair to him than examination in open court. 
 
 The subject then dropped. 
 
 MR. FREEBRIDGE, TIMBER PURVEYOR. 
 
 Mr. Freebridge. I have been a purveyor of timber for the Royal Navy for 
 thirty -five years, and am well acquainted with the value of timber and carriage 
 expenses. On the 17th of November last, at the request of Messrs. Lawrence and 
 Pry, I went down to look at the timber at Fellbrigg. I made inquiries about the 
 expense of carriage at that place. There was no local demand for timber. While 
 walking over the estate I saw many trees which had been blown down by the wind, 
 and which had lain unsold since last spring. The value of timber depends 
 entirely upon the locality, and in such a place as Fellbrigg timber was not worth 
 anything like 2s. 6d. per cubic foot. Only the best oak fetched that price, and a 
 large proportion of the timber marked out for felling at Fellbrigg was very inferior. 
 
 The inquiry was again adjourned. 
 
 TWENTY-FOURTH DAY. WEDNESDAY, JAN. 15. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg. 
 hall, Norfolk, was resumed this day, in the Westminster Sessions-house, before 
 Mr. Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 It was definitely arranged that the examination of Mr. Windham should take 
 place in private, but in the presence of counsel, with the understanding that the 
 Master and the jury, if they thought it desirable, might have a second interview 
 with the alleged lunatic alone. 
 
 MR. FREEBRIDGE. 
 
 The examination of Mr. Freebridge continued by Mr. Milward. Much of 
 the timber marked for felling at Fellbrigg was defective and inferior in quality. 
 The value of the best oak at Fellbrig, when delivered in London, would be 
 about 3s. per cubic foot. The inferior sorts would hardly be worth the 
 carriage, and were valuable only for the bark. I saw at Fellbrigg a 
 considerable number of beeches, chestnuts and firs. With the exception of the 
 chestnuts they were all of very good quality, and the average price all round might be 
 about 6d. per foot. Perhaps the chestnuts would bring 9d. per foot. There was no 
 local market for timber near Fellbrigg ; none at least that would consume any con- 
 siderable quantity. The timber other than oak would not bear the expence of the 
 carriage to London. There wore a few sycamores at Fellbrigg. Of the best ak I 
 estimate the quantity at 7,000 worth. There was a good quantity of beech, but it 
 was fit for nothing except firewood. There was also a good deal of Spanish chestnut,
 
 152 
 
 which might fetch 9d. per foot. Fir was the prevailing timber, and 3d. per foot was 
 as much as it was worth. I believe that the best and cheapest mode of conveyance 
 would be to send the timber from Pellbrigg to Norwich by road, and then to BlaekwaU 
 by rail. The land carriage to Norwich would be about Is. per foot. I saw the contract 
 with Lawrence & Fry, and, taking into account the expense of the carriage to a market, 
 and also the inferior quality of part of the timber, and seeing there was no stipula- 
 tion as to the proportion between oak and other kinds of timber, I thought it was 
 a rather disadvantageous bargain to the buyer. The agreement made no allowance 
 for defective timber, and that fact, together with the stipulations as to the payment 
 of advances to Mr. Windham, was also an ingredient in the case. 
 
 Cross-examined by Mr. Chambers. I was introduced to Lawrence and Fry by 
 Mr. Eoberts. I had not seen that person before, nor am I aware that he has been, 
 a Government conti'actor for timber. Lawrence and Fry wrote a note to me 
 enclosing a check for 20, and requesting me t call upon them. Roberts liad 
 mentioned that I would be required to go down to the country to look at timber, 
 and I understood that the check for 20 was ta pay my expenses. When I called 
 on Lawrence and Fry I had a conversation with them, and they gave me verbal, 
 not written, directions as to what I was to do when I went to Fellbrigg. They 
 asked me to look over the timber and give them my opinion of it. What 
 they said was, " We are to have 5,000 worth ; give us your opinion as to what 
 there is on the estate." These were all the verbal directions they gave to me before 
 I went to Fellbrigg. They did not tell me to mark any of the timber. Nobody 
 met me at Norwich. At Fellbrigg I was met by the woodman and the bailiff. I 
 was about a week looking over the timber. It required all that time to go over the 
 estate, and I could not form a judgment until I had seen the whole. I did not 
 make out a list of the timber, bat I made notes in a book with respeci to the 
 quality of the trees in different localities. I stayed at Cromer, and was not at 
 Fellbrigg at all. I did not see Roberts. It was the woodman who told me that 
 the carriage from Fellbrigg to Norwich would cost Is. per foot. As a Government 
 purveyor my experience had been principally in oak. Beech is used in the 
 construction of bi'eak waters, wharves, and canals, and also in carpentry 
 work, but I had little knowledge of that kind of timber. I regarded the 
 contract as anything but satisfactory to the buyers. I was not con- 
 suited about it. It was such a bargain in regard to the wording of it as a timber 
 merchant would not have made. I should always like, for my own part, 
 to see what I am going to buy. I have never bought 5,000 worth of timber 
 from a young gentleman, just come of age, without the seller taking advice. On 
 my return from Fellbrigg I saw Mr. Lawrence. That gentleman never told me 
 that the agreement was an imperfect one, and that he proposed t introduce another 
 clause ; nor did he ever tell me that the object of his sending me down to Fellbrigg 
 was that he might frame an additional clause. I have received nothing except the 
 20, which I have already mentioned. I did not expect any more. I have neither 
 seen nor heard from Mr. Roberts since my return from Fellbrigg. 
 
 Re-examined. I have never bought 5,000 worth of timber from anybody. My 
 business is not to purchase, but to inspect timber. A man skilled in timber can 
 form a pretty accurate judgment by going through the woods. There are no docks, 
 breakwaters, or canals in the neighbourhood of Fellbrigg, which want a supply of 
 beech. I have inspected all kinds of timber for the Government. 
 
 By the Jury. In many counties before the timber is sold it is usual to have it 
 examined and valued ; but in others it is simply marked off in allotments and sold 
 by auction. The more defective trees there are at Fellbrigg the greater number 
 would have to be cut, and the more the estate would have to be denuded of its timber, 
 to make up 5,000 worth. Firs and beeches are more valuable to the owner of the 
 estate than to anybody else. A four-horse team would draw between three and 
 four loads of timber from Fellbrigg to Norwich. Each load consists of 40 feet of 
 timber, so that the carriage of one wagon-full would cost 6 or 7. When I went 
 clown to I ellbrigg at the request of Lawrence and Fry those gentlemen had already 
 entered into an agreement for the purchase of the timber. 
 
 MR. ROBINSON, TIMBER MERCHANT, MARK-LANK. 
 
 Mr. Robinson, examined by Mr. Milward. I am a member of the firm of Robinson 
 & Co., timber merchants, 14, Mark-lane. About the month of October Mr. Lawrence 
 epoke to me about the timber at Fellbrigg, and showed me the rough draught of an
 
 agreement. He told me that he thought it would be worth my while to go into it. 
 I replied that I would leave the matter entirely in his hands. When Mr. Lawrence 
 returned from Fellbrigg I ascertained that the contract had been entered into by 
 Lawrence and Fry, as brokers, on my behalf. I afterwards gave them acceptances 
 at six months for 1,250 to provide funds for working out the contract. Mr. Law- 
 rence told me when he came back from Fellbrigg, that it was understood that the 
 ornamental timber was not to be cut. I do not recollect whether anything was said 
 about the form of the contract. Mr. Roberts was to receive some sort of commission 
 but I do not know what. I am not at all acquainted with Roberts, and what I 
 know about that person I have heard from Mr. Lawrence. I concurred in the pro- 
 posal made by Mr. Lawrence, to give up the contract at any moment. 
 
 Cross-examined by Mr. Chambers. I have been in the timber trade for nearly 
 two years. In the matter of the Fellbrigg contract I depended all through upon 
 Mr. Lawrence, whose judgment is far supferior to my own. I was at one 
 time a member of the Stock Exchange. I got into no difficulties there, but 
 retired of my own accord when J entered into the timber trade. The offices of 
 Robinson and Co., in Mark-lane, consisted of two apartments one for myself and 
 my partner, and one for the clerk. The clerk was a youth, and his wages 
 were 20 a-year, besides presents. Both I and iny partner introduced 
 capital into the business as much as 1,000. In May last I removed my 
 private residence from Peckham to Clapham. The rent at Peckham was 
 30 per annum ; I now pay 100. My house at Clapham was formerly 
 occupied by Mr. Lawrence. The firm of Robinson and Co. consists of myself and a 
 brother of Mr. Lawrence. When Mr. Lawrence offered to give up the contract to 
 General Windham he communicated the fact to me. Mr. Lawrence told me that 
 General Windham had assured him that I would not lose the 1,000 which I had 
 paid to Mr. Windham. I understood that if the contract were given up, me and my 
 partner should have our acceptances back, and we should not be losers by the 
 transaction ; but there was no written agreement to that effect. I have no idea 
 where the acceptances are now. 
 
 Re-examined. The acceptances given to Lawrence and Fry were solely on 
 account of the Fellbrigg timber contract. In entering into contracts I and my 
 partner, as usual in the trade, left the whole management to our brokers. Our 
 transactions through Lawrence and Fry have been considerable. 
 
 MR. ROBERT LEMON, TIMBER MERCHANT, WHITWELL, NORFOLK. 
 
 Mr. Robert Lemon, of Whitwell, Norfolk, said : I am a timber merchant, and do a 
 very large business. I am acquainted with the Fellbrigg estate, and the timber 
 upon it. I have occasionally been a purchaser at the sales at Fellbrigg. I have 
 bought Fellbrigg oak in a peeled state for from Is. 9d. to 2s. per foot, on an 
 average ; some of it was as low as Is. In 1859 I was offered 180 loads of oak for 
 600. I refused to give more than 550. The price asked was 3 6s. 8d. a-load, 
 or Is. 7id. per foot. The timber was barked. He described the Fellbrigg oak as 
 very inferior; it was red-hearted and seamed, and was not so good as the average 
 timber in Norfolk. The trees round the house are past their prime, and are every 
 year depreciating in value. He believed it would improve the place to cut them down. 
 They were too near the house ; some might be cut down close to the stable wall. 
 There was a good deal of windfall timber on the estate. There was a very large 
 lot of beech, but it was short, buck-headed stuff, and some of it was going back. At 
 a little distance from the house there were many well-growing plantations. The 
 local consumption of timber was very small. The carriage from Fellbrigg to 
 Yarmouth, including road and canal, was 22s. per load. Last year the average 
 price of bark in Norfolk was 4 a- ton. It would require four loads of timber to 
 produce a ton of bark. Peeling would cost 6s. a-load. It was the custom in 
 timber contracts to make an allowance for defects. The allowance was made in 
 the measurement. On the Stratton estate, near Norwich, there was a large 
 quantity of windfall beech which might be had for much less than Gd. per foot. If 
 100 loads of beech were cut for sale at Fellbrigg he should not give 3d. a foot for it. 
 
 Cross-examined. I went over the windfall timber at Fellbrigg in 1860, and said 
 it was worth 4 10s. a load, or 2s. 3d. a foot, without the bark. I was afterwards 
 told by Capt. Windham that it fetched 4 12s. 6d. per load, and I stated that I would 
 have given 500 more than the actual purchaser had given. I had a Government 
 contract at tha time, and I was vexed at losing the timber, which I had looked upon
 
 154 
 
 as my own. 500 move than the sum given by the purchaser would have made the 
 price upwards of 5 per load. I am not aware that the tenants on the Fellbrigg 
 estate were bound to cart the bark ; but they have always done so. 
 
 Re-examined. The windfall timber in 1860 was of prime quality, and rather than 
 lose it I would have given 5 a load for it, in order to supply the Government. 
 
 Mr. ROBERT STEWARD, MAYOR OF YARMOUTH. 
 
 Mr. Robert Steward, Mayor of Yarmouth. I am a timber merchant, and know the 
 Fellbrigg estate. The Fellbrigg oak is the worst in Norfolk, and the same remark 
 applies to the beech. A great deal of it ought to have been cut down long ago. I 
 would not take the beech for nothing, if I had to remove it to Yarmouth. Tho value 
 of the marked oak is not great. The trees are red hearted, an infallible indication of 
 decay, and if I was a Government inspector I would not allowafootof them to enter a 
 dockyard. If the oak were for sale I would not give more than 3 10s. a load, or 
 Is. 9d. per foot for it. I estimate tbfe carriage to Yarmouth at 25s. a load. In the 
 case of the Fellbrigg oak an allowance of from 20 to 30 per cent, should be made 
 for defects. To measure the girth at two-thirds of the length from the butt-end, 
 instead of in the middle, would not make a difference of more than 15 per cent., and 
 no allowance was made for defects in the Fellbrigg contracts. 
 
 Cross-examined. The Fellbrigg oak was defective, and the Government ought 
 not to have it at any price ; but 1 believe that if anything like a good pi-ice had 
 been given for it the intention would be to get the Government inspectors to pass it. 
 
 COLONEL FITZROY, STRATTON, NORWICH. 
 
 Colonel Fitzroy. I live at Stratton, near Norwich. I first met Mr. Windham at 
 the ovation given to his uncle in Norwich, in 1856. I sat opposite to him at dinner, 
 and saw how he conducted himself. Mr. Windham drank a good deal of wine, and 
 became intoxicated before the dinner was over. Until he got drunk he was 
 perfectly quiet, but he was afterwards rather noisy. There was a -good deal of noise 
 in the room. The next time I saw Mr. Windham was at a review in Norwich, in 
 1860. Mr. Windham was in uniform, and on horseback. I talked to him a good 
 deal during the day, and his observations were such as I would have expected to 
 hear from an officer who had learned his drill. I saw him on a similar occasion 
 last year. He was sitting on the box of Lady Sumeld's carriage, and his behaviour 
 was sensible and proper. I have seen him on various othre occasions, and I have 
 never had the slightest notion that he was either insane or imbecile. 
 
 MR. HOOD, OF BETHLEHEM HOSPITAL. 
 
 Mr. Hood, examined by Mr. Karslake. I am superintendent physician of Bethle- 
 hem Hospital, and was formerly connected with the Colney-hatch Asylum. I had 
 also at one time a large private asylum. Mr. Windham called upon mo on Friday 
 the 13th of December. He wanted to have my opinion as to the state of his mind. 
 I conversed with him for a considerable time for the purpose of testing his mental 
 capacity, and with his consent I took notes of the conversation. I had little pre- 
 vious knowledge of his case. At my request he gave me an account of his early 
 life. He told me that he lost his father, to whom he was much attached, when he 
 was 14 years of age. He described his residence at Eton, stating that he was 
 placed in the fourth form at entrance, and that when he left he was in the fifth 
 form, having gained the promotion by examination. He said that after leaving 
 Eton he was placed entirely under the care of tutors whom he disliked, and that 
 consequently his life had not been a happy one. He told me that he came of age in 
 August last, and that he had since married. He then went on to say that his pro- 
 perty at Fellbrigg was worth about 3,000 a-year, and that there were other estates 
 worth about 9,000 per annum which he would come into possession of in 1869. I 
 asked hum what were his tastes and pursuits. He replied that he was very fond 
 of all kinds of field sports- riding, driving, hunting and shooting and that he 
 should like to live always in the country. 1 asked him whether he was in the habit 
 of reading. He replied that he did not read much, that he was certainly not 
 studious, that he was engaged all day, and in the evening was too tired to read. He 
 stated that the Lewellins were kind to him when he , lodged with them, but they 
 had turned against him, and had put in their affidavits what he called " a pack of 
 lies." I asked him what they charged him with. He said they charged him with 
 kicking up great rows in the house, and all sorts of accusations which could be dis- 
 proved. " Perhaps," he said, "I was rather boisterous ; but what then?" I asked 
 him whether he had not been on familiar terms with many policemen. " Yes,"
 
 155 
 
 he replied, " I knew a lot of them, but I only chaffed them, and tho principal 
 witness against me is a man who can be proved to be willing to swear 
 anything." I asked him whether he thought his marriage was one likely 
 to please his family. He replied, " Perhaps not ; but my mother is the 
 only one that cares for me the others would let me go to the devil if it were not 
 for the property. I know I have not made a good marriage, but I had an infatua- 
 tion for my wife. I knew she had not led a moral or respectable life, but I hoped 
 that being married, we would be happy together. However, the thinjf is done, and 
 there is no use in speaking of it." He told me that they were not living together ; 
 that his wife had left him for other men ; and that she had spent his money in a 
 most extravagant manner. He had been greatly disappointed, he said, and hoped 
 never to see her again ; and he added, " When I get out of this trouble I shall apply 
 for a divorce." I remarked that if he got a divorce I was afraid he would do the 
 same thing again ; to which he replied, " I am not quite such a fool as that ' Once 
 bit twice shy.' " lie said that if he could get rid of " all this bother" ho thought he 
 might get on very well yet, because he felt perfectly able and willing to manage his 
 affairs. He told mo that his debts might be about 1 ( J,000, but bills due by his 
 wife were coming in daily, and he had that very morning received one for 300, of 
 of which he had no previous knowledge. He said he had advertised that he 
 would pay no more of his wife's debts. I then spoke to him about the letting ' 
 of his farms. He said he had not taken tha home-farm in hand, because he 
 did not wish to engage in " fancy farming," which was an expensive amusement, 
 but had let it to his bailiff at a good rent, as he did not like to have a stranger 
 so near the hall. I asked him whether the railway company had made any offer to 
 him for the passage of the railway through his property. He said they had not, 
 but he was anxious that the railway should pass through his estate. He ivas afraid, 
 however, that the scheme would not be carried out, because the Barings, the 
 Buxtons, and other families were opposed to it en the ground that it would interfere 
 with the quietude of Cromer. He told me that the story of Atkins about boot- 
 trees was " all lies," and that what he wanted was a set of trees, not for 
 every pair of boots, but for every kind of boots. He appeared to me fully 
 to understand the value and use of money. He acknowledged that he had 
 led a noisy and rather fast life, and regretted many of his actions, more particularly 
 his marriage ; and he told me that he should have avoided many of his indiscretions 
 if he had known that his family were anxious to make him out a lunatic. When 
 putting on his overcoat he said he hoped I would help to prove him sane. I replied 
 that from what I had seen of him I did not believe him to be insane, and that I 
 would have no objection to say as much for him. I told him, however, that he had 
 committed many bad and vicious actions, and expressed a hope that he would lead 
 a better life in future. He said he was much obliged to me, and trusted I would do 
 what I could for him. I saw him again for a short time on the 31st of December, 
 but nothing particular passed between us on that occasion. My chief object in the 
 second interview was to examine the structure of his month. His answers were 
 coherent, consequent, and rational throughout. I could not say, judging from the 
 interviews alone, that he is otherwise than of sound mind. 
 
 Cross-examined. And competent to manage his own affairs. I endeavoured to 
 impress upon him the desirability of acting with caution during the course of these 
 proceedings. He did not seem to be much impressed with what I said ; but he may 
 have been so. One of his solicitors Mr. Rowcliffe brought him to me, but I saw 
 him alone. I had not heard anything of the goings-on at Fellbrigg on Christinas 
 night when I had the second interview with him. He treated my advice with 
 respect, but I cannot say what effect it had upon him. I remonstrated with him 
 about continuing acquaintance with Roberts. He told me on the 31st of December 
 that he had left Piccadilly, and intended to have nothing more to do with Roberts. 
 
 By the Jury. I did not examine the form of his head, nor should I have paid 
 much attention to it if I had. Amentia, is an exploded term, and I hardly know 
 wliat it means. Mr. Windham is a person of sound mind. 
 
 MISS BA1HXGTOX, LICHKIELI). 
 
 Miss Babington, a niece of tho late Lord Macaulay. I live at Lichficld with my 
 parents. In 1859 I was travelling with them abroad. We visited Spa, whore wo 
 were introduced to Colonel Bathnrstand Mrs. Wilkinson. The latter seemed to 
 take a great interest in Mr. Windham and called him " Wiilisur." Her daughter
 
 156 
 
 was with her. Mr. Wiudham, as far as I saw, was always perfectly gentlemanly in 
 every way. At the table d'Mte he was rather high-spirited, but nothing more. I 
 never saw anything in him which induced me to believe that he was of unsound 
 mind. 
 
 Cross-examined. He was rather unpolished in his manner. 
 
 The inquiry was again adjourned. 
 
 TWENTY-FIFTH DAY. THURSDAY, JANUARY 16. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, ofFellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lnnacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the peti- 
 tioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of the 
 alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Mil ward for 
 Mr. William Frederick Windham; and Mr. Coleridge Q.C., for Mrs. Windham. 
 
 DR. WHIDBORNE, LONDON. 
 
 Dr. Whidborne, examined by Mr. Karslake. I am a general practitioner in 
 Guildford- street, Eussell-square, and in 1860 was sent for to see Miss Willoughby as 
 .a patient. She was then living in St. John's-wood. I have met her before in'the 
 hunting-field in Hertfordshire. About a week before her marriage I received an 
 intimation to the effect that she hoped I would not refuse to be one of her trustees, 
 as it would be greatly for the benefit of her mother and sisters. I consented to be a 
 trustee, as I was informed it would not involve much trouble. I saw her on the 
 morning of the marriage at the house in St. John's-wood. Mr. Windham sent his 
 brougham for me. I had never seon that gentleman before. The sisters of Mrs. 
 Windham were there. Mrs. Windham introduced me to her intended husband. Mr. 
 Windham said to me, " Doctor, I wish to speak to you a minute." We withdrew 
 together into another room. I examined Mr. Windham, who said he had chafed 
 himself with a pair of tight trousers, and I told him it was a mere trifle and pre- 
 scribed an application of cold eream. About ten minutes afterwards we all went to 
 church, and the marriage took place. I saw Mr. Windham in London when he 
 returned from his marriage jaunt, and was told that Mrs. Windham was very ill. 
 She was suffering from a disordered stomach, and I prescribed for her. Some time 
 afterwards I went down to Fellbrigg with Mr. Bowen May to pay a visit to Mr. 
 Windham. We arrived at Fellbrigg on a Saturday, about the middle of September, 
 and we left on the following Wednesday. I wished to leave on the Tuesday, but 
 Mr. Windham requested me to stay for another day, as he expected his uncle, 
 the General, to lunch, and wanted to" introduce me to him. The General came on 
 Tuesday, and I was introduced to him. He took a glass of wine and a biscuit. I 
 heai-d a conversation between him and his nephew about the exchange of a piece 
 of land. The General stayed nearly an hour, and the conversation about the land 
 lasted the greater part of the time. Mr. Windham behaved all through the visit 
 like a gentleman. He was a very early riser, took a great deal of exercise, and 
 talked rationally and sensibly. 
 
 Cross-examined by Mr. Chambers. I have an Edinburgh degree and a Heidelberg 
 one. The date of the latter is 1848. I never knew Mrs. Windham as Miss 
 
 Willoughby. Before her marriage she called herself Mrs. . I do not think he 
 
 spoke to her in the hunting-field. The hounds belonged to a Mr. Young. I have 
 known Mr. Bowen May, who is my solicitor, for about twenty years. Mr. May is 
 solicitor to the company for protecting medical men from quacks. I am not a mem- 
 ber of the company, nor have I ever assisted Mr. May in detecting malpractices 
 on the part of sham doctors. At first I made up my mind not to be & trustee for 
 Mrs. Windham, but upon being assured by Mr. May that it would not involve any 
 trouble or difficulty I complied with the request of the lady. I have never known 
 Mrs. Windham except as a patient, and before consenting to act as a trustee I made 
 no inquiries into her character or antecedents. I had not seen her about town. 
 On the morning of the marriage I was suffering from a dislocation of the ribs, and I 
 went to St. John's-wood much against my will. The message I received 
 was that Mr. Windham wanted to consult me professionally. On my 
 arrival at the house Mrs. Windham said to me, " I am glad you are come, 
 Doctor, for Mr. Wiudham wants to see you." She did not tell me what Mr. 
 Windham wanted to see me about. There were several men and women in the 
 room, but the only person I knew was Mr. Bowen May. I understood that Mrs.
 
 157 
 
 Windhara's mother was present, but I did not speak to her. I was introduced to 
 her brother, who was dressed respectably, though rather common in his manners. 
 There were several other men in the room, but I had never seen them before, and 
 did not speak to them. They were between 30 and 40 years of age, and were 
 dressed well enough, but I do not think they were gentlemen. When I examined 
 Mr. Windham I observed no taint of an infectious disease. Mr. Windham did not 
 tell me that he had consulted Dr. Illingworth and Mr. Johnson. He said, " IB 
 there any harm in this ?" and I replied, " No, none whatever," and then I told him 
 to apply a little cold cream. I think that Mr. Windham told me that he had not 
 suffered from an infectious disease for six months. He said, " Is there any objec- 
 tion to my being married ?" and I replied, " From what I have seen, none." I was 
 not much affected when Mr. Windham consulted me that morning ; the tears did 
 not come into my eyes, nor did I shake Mr. Windham by the hand and say, " My 
 dear boy, there is no harm." The interview did not last more than five minutes, 
 and when it was over we returned to the room where the company was. I went to- 
 church in a brougham with the bride and one of her sisters. I did not observe 
 how the procession was marshalled. All the company went to the altar. The 
 bridegroom was lively not melancholy. I acted as father of the bride and gave 
 her away. I was not presented with a pair of gloves, nor did I see any. of the party 
 wearing favours. I do not know whether Mr. Bowen May acted "as best man. 
 After the ceremony I returned to the house, but did not remain for the dejeuner. 
 The bride was married under the name of Agnes Rogers. I had a glass of wine 
 and drank the health of the happy couple. Mr. Windham seemed quiet and tranquil 
 resigned to his fate. Roberts was not at the marriage ; indeed I have never seen 
 that person. I believe that after the breakfast Mr. and Mrs. Windham went off to 
 Paris. Upon their return to London I attended Mrs. Windham three times for 
 derangement of the stomach. Mr. Windham told me he was very well. Mr. Bowen 
 May and myself went down to Fellbrigg for a little shooting. One evening after 
 dinner Mr. Windham was taken suddenly ill and went to bed. He appeared to be 
 in a high state of fever, arising from over-exertion, but I did not discover any 
 symptoms of a particular disease. I questioned him on the subject, but he replied, 
 " Oh, I have had nothing the matter with me since I was in Torquay." I have not 
 spoken to him since that visit to Fellbrigg. I have not been paid for my profes- 
 sional services, but I expect to be paid. 
 
 Re-examined. After I had examined Mr. Windham on the morning of the mar- 
 riage, Mrs. Windham did not speak to me on the subject. 
 
 MR. BOWEN MAY, SOLICITOR. 
 
 Mr. Bowen May. I have been in practice as a solicitor for more than twenty 
 years. In 1859 I became acquainted with Miss Willoughby. She was introduced 
 
 to me in the bunting field as Mrs. . She was in company with two 
 
 gentlemen, neither of whom was Mr. . She rode remarkably well, and was a 
 
 woman of great personal attractions. The next time I saw her was with her 
 Majesty's staghounds in Buckinghamshire. She met with an accident, and I ren- 
 dered her what assistance I could, and saw her to an hotel. Afterwards she called 
 at my office in Russell-square to consult me professionally. I acted as her solicitor 
 on that occasion, as well as on another subsequent one. Her action was brought 
 under the name of Agnes Willoughby. She told me she was living under the pro- 
 tection of a gentleman. In the summer of last year at the end of July or the 
 beginning of August she called on me again. She told me she was going to be 
 married. I said she had better remain as she was. She went away, but returned 
 in a few days afterwards. On that occasion she told me she had received an offer of 
 marriage from a gentleman of position and fortune, and she gave me the name of 
 Windham. We discussed the matter a good deal, but I thought there was nothing 
 in it. Subsequently she brought Mr. Windham and introduced him to me as the 
 gentleman of whom she had spoken. She said he had made her an offer, but she 
 had not made up her mind whether she would accept it or not. They called 
 again on the 1st of August, a few days before Mr. Windham came of ace. The conver- 
 sation was of a similar character. He said they were going to be married, for she 
 had accepted him. I asked him how old he was, and he replied he would not be of 
 age for a few days. I told him it would be quite time enough to talk of being 
 married when he came of age. The first time the marriage was seriously discussed 
 was on the 20th of August. They told me they were going to be married ; they first 
 said it would be in October, and then thej said it would be in September. Before the
 
 158 
 
 20th of August I had seen Mr. "Windham alone and had said to him " Are you really in 
 earnest about being married, because I think it right to tell you that the lady is a 
 kept mistress and she is very extravagant ? She keeps two or three horses and is used 
 to hunting." He replied, " I know all that, and am much obliged to you." At the 
 interview on the 26th of August, when they told me they were going to be 
 married, I asked Mr. Windham what his income was. He told me it would be 
 14,000 or 15,000 a-year, but he said that at the present time it was only 
 3,000. Miss Willoughby then said, "If I marry him I must have 1,000 a-year 
 settled." He replied, " At present I can't give that, for my income is so little to 
 what it will be." I told her she ought to be content with 500. She ridiculed 
 that. " Well," I said, " 600 at auy rate." That she refused, and said, " Do you 
 think it is likely I will give up 2,000 a-year for such a settlement ?" Eventually 
 Mr. Windham said, " I will give her 800 a-year now, and 1,500 when I come 
 into my property." She demurred, but I said that ought to content a most selfish 
 person. She said, " Mind, I am to have the allowance so that I can will it away." 
 I said the ordinary mode of settlement was to give it to the wife for life. She 
 replied, " I am going to marry for the benefit of my sisters, and I must have it so 
 that I can will it to them, or do as I like with it." I said, " What do you say to 
 that, Wiudham ? What relatives have you ?" His reply was, " I have got no one 
 that I care about except my mother, and she is already provided for out of the 
 estate." Miss Willoughby then said, ' Let us have it put down at once." I 
 replied, " There is no occasion for any writing about it," but Windham said, " Oh, 
 yes, better put it in black and white, and then she will be satisfied." I then jotted 
 down in their presence these lines : Settlement to be executed between William 
 Windham and Ann Agnes Rogers. Mr. Windham agrees to settle on his wife 
 absolutely 800 per annum, to be charged on the freehold estate at Fellbrigg-hall, 
 
 Norfolk. Trustees Dr. Whidborne, of Guild ford -street, and ." The parties 
 
 then signed, "Ann Agnes Borers" and " W. F. Windham." I ultimately induced 
 Miss Willoughby to accept 800 a-year without any reference to the future. I 
 asked, " Who are to be your trustees ?" She replied, " I have asked my doctor, and 
 you must see him for his consent." Then I said, "Windham, whom will you 
 name ?" He said, " Well, I don't know ; I have no friends or relations whom I care 
 a straw about." I suggested his mother. He said, " No ; my mother is in very 
 delicate health.; but I will let you know." I said, "To whom shall I send the 
 settlement; to be perused on your behalf?" He replied, " I have no solicitor now ; 
 it doesn't require one, does it ?" I told him it was usual and proper. He said he 
 would appoint a solicitor at the beginning of term, for he supposed all the lawyers 
 were out of town then, as it was the long vacation. He added, " I have heard you 
 highly spoken of by one or two people ; surely you can do it between us ?" I said, 
 " I shall send this rough draught down to counsel to prepare a settlement between 
 you." I immediately, in their presence, called in my managing clerk and told him 
 to send a copy of the draught to my conveyancing counsel, Mr. Graham Hastings. 
 They then left. Within a day or two afterwards I saw Miss Willoughby alone at my 
 office. She said she did not think she should be married, as she was not prepared 
 to give up an allowance of 2,000 a-year for 800. On the 26th of August 1 saw 
 them together. I said, " So I understand it ig not to come off ; I never thought it 
 would." Windham replied, " Oh, yes it is. I have made up my mind that it shall.*' 
 He then told me he had agreed with the lady to give her when he came into his 
 property 1,500 a-year, as she was going to give up a large allowance to 
 marry him. I said, " Very well, if it is to be, who are your trustees ?" He replied, 
 " I have no one." I then said, " Why not the gentleman I was at school with ?" 
 meaning General Windham, who was at Dr. Valpy's school at Beading when 
 I was there ? He replied, " He wants to get hold of my property ; we are not 
 friendly, and I shan't have him." Miss Willoughby then said, " I have asked Mr. 
 Roberts if he will be a trustee, provided Windham can't get any one to act for him." 
 Mr. Windham said, " I have no objection to Roberts. I understand he is a wealthy 
 man. He drives a four-in-hand and keeps a pack of hounds." I told him that 
 Roberts used to keep a pack of hounds, and that I believed he drove a four-in- 
 hand still. It was then decided that he should be associated with Dr. Whidborne, 
 and after the draught settlement came back from Mr. Graham Hastings his name 
 was put in. I said to Mr. Windham, " I understand you have only a life interest in 
 part of your property. What do you intend doing as to that ?" He replied, " I 
 intend cutting off the entail directly, and I shall get you to do it." That is all that
 
 UK. COLERIDGE, Q.C.
 
 163 
 
 mid have long been connected with the Windham family. Old Mr. Wiiidliain held 
 t,ho home-farm in his own hands until his death. After that event I coatinued to 
 live in the hall, but in 1858 the home-farm was let to me. It is about 640 acres in 
 t-xient, and until young Mr. Windham came of age I paid the rent to the receiver, 
 Captain Henry Wiudham. Old Mr. Windham was a very passionate man, but his 
 passion was soon over. His treatment of his son was very irregular and capricious 
 sometimes he was indulgent and sometimes severe. I was present at his 
 funeral. Young Mr. Windham wept bitterly, and seemed very much affected. I 
 noticed nothing improper or extra vaga.nt in his conduct. I saw him from time to 
 time during his residence at Eton. While Lady Sophia was in Torquay, he was 
 with a tutor at JRimpton. I went there at the request of his mother, and was with 
 him for four honrs. From Rimpton I returned to Fellbrigg. I discussed the ordi- 
 nary topics with him on that occasion, bat I do not remember the conversation. 
 He treated me with great kindness. After that I saw little of him till he came 
 down to Fellbrigg with Mr. Horrocks. He stayed four or five months. Mrs. Martin 
 and I used to play cards of an evening with Mr. Windham and Mr. Horrocks. I 
 thought Mr. Windham played whist very well. I next saw him when he came .over 
 from Yarmouth, at the time he was in the militia. That was in 1860. My wife 
 and I went to Yarmouth, by invitation, to see a review of the militia. I saw Mr. 
 Windham with his regiment, and, as far as I could judge, he conducted 
 himself properly. He carried the colours as ensign. I lunched with 
 him after the review, and in the evening I went with him to 
 the theatre, where he joined his brother officers. When I nert saw him he was 
 with Mr. Peatfield. They came down to Fellbrigg together in September, I860, 
 and stayed till February, 1861. During that time Mr. Windham rode about a good 
 deal. 1 drove Mr. Peatfield to Aylsham when he went to inquire about the fight 
 with the showman, and heard him tell Mr. Windham that he must go up to London. 
 Mr. Windham called him a " slink," and said he would not leave Fellbrigg ; but I 
 ndvised him to go to London, and he eventually consented. One of his eyes was 
 discoloured. The next time I saw him was in town. I came to London, by in- 
 vitation from him, in the second week in July. I stayed in Duke-street for about a 
 week. I did' not see a great deal of Mr. Windham. On one occasion I went with 
 him to Richmond, and 1 saw him at Cremorne. I also accompanied him to the 
 Crystal Palace, and on the same day we went to the Wimbledon volunteer 
 review. Mr. Windham created no disturbance at Wimbledon. He spoke to a 
 policeman in the gateway, but there was no row or anything of the kind ; nor did 
 lie use offensive language while^ladies were passing in their carriages. He got up on 
 the gateway, but that was to see a charge of the volunteers. He drove me back to 
 town. Mr. Peatfield was living with him at that time in Duke-street. I frequently 
 iunched with him andtheLeweUins, Mr. Peatfield, and Mr. Partridge. There was plenty 
 of wine on these occasions generally champagne. During my stay in town Mr. Wind'- 
 ham called my attention to what he termed capital articles and letters in the Time* 
 about the " pretty horsebreakers." I do not remember whether I read the letters 
 >!' "A Mother of Seven Daughters" and " A Belgravi&n Mother," nor do I recollect 
 whether ho called my attention to a communication in which the writer recom- 
 mended an establishment in "the shady groves of the Evangelist." He said, "I 
 would rather many a ' pretty horsebreaker* than I would a lady." It is very 
 likely I remonstrated with him on the subject, but I can't say. After I returned 
 to Fellbrigg he came down several times. He brought down a portrait, and told 
 me it was Agnes Willoughby's. He took down the General's portrait, and hung up 
 Agnes Willoughby's in its place. I advised him not to do so. 1 remember him 
 coining down just before he attained his majority. Mr. Jackson and Mr. LTansell 
 came to Fellbrigg when he was there. General and Captain Windham camo over 
 on the 8th of August. I was not present at any part of the conversation which took 
 place between Mr. Jackson and .Mr. Windham. Un the morning became of age Mr. 
 Windham told me that Mr. Jackson had made a proposition to him that ho should 
 give up the then settled property and live in the hall, paying a nominal rent for it, 
 and that he should have a larger income out of the unsettled property. Ho asked 
 my opinion about it. I told him that I thought, if he did not understand the 
 matter, he had better well consider what he was doing. He admitted that he 
 did not underctaud it, and he said it was not proposed by the General, but 
 by Mr. Jackson. My advice to him was, not to reject it, but to pause 
 Tjefore accepting. Lady Sophia was at the hall during the visit, but she 
 
 j. _
 
 16-1 
 
 was an invalid. I think she left the day Mr. Windliam came of age. 
 There was no ftte or anything of that sort on the occasion. The day .Mr. 
 Windham came of age there was a regatta at Cromer. I saw him there in 
 the company of Lady Suffield. I heard him say one day he would marry 
 Agnes Willoughby. I did not think he was so much of a fool as to do 
 anything of the kind, and told him so. Shortly before the marriage Mrs. Martin 
 and I were sent up to London by General Windham, who was then living at Han- 
 worth, and who wished us to do what we could to stop the marriage. We saw Mr. 
 Windham in Duke-street, and tried to persuade him not to marry Agues Willoughby. 
 I told him that if he were to do so his uncle, the General, would get a commission 
 of lunacy against him. Something about that had been said at Hanworth, bufc 
 I do not remember what it was, and I made the statement to him, because I thought 
 it would have an effect upon him. He denied stoutly that he was going to be 
 married, and said there was no truth in the report. He said, " Who the devil sent 
 the General such a message as that ? Besides, if I think proper to marry Agnes 
 Willoughby, who has any business with it ?" He then mentioned the names of two 
 noblemen who had married women of similar character. It was then I told him. 
 that the General would get a commission of lunacy against him. In reply to that 
 he said, he would call the General out, or something of that kind. He promised to 
 go down with us to Fellbrigg, but ho did not keep his promise, and the next thing I 
 heard of him was that he was married. I was still living in the hall when he came 
 down with his wife and her sisters. He spoke to me about his wife. I met him in 
 the park, and he said, " Well, Martin, my wife seems to think that she is no great 
 favourite of yours." I replied, " I am not surprised at that from the course I have 
 taken." He said, " I can assure you she is a perfect lady, and I can 
 bring witnesses to prove it." I replied, "Nothing could give me greater 
 pleasure than to hear it proved that she is." was very much annoyed at the 
 marriage, and gave notice to quit. My wife and I then removed to the dairy-house, 
 and I remember speaking to Mr. Windham about repairs. After inspecting the house, 
 alongwith a carpenter andabricklayer, heordered that it should be thoroughly repaired, 
 saying to me, " VVell, old fellow, you must pay half the labour." That is the custom on 
 the estate, but I told him I would not go to any expense myself. I said that if he 
 would grant me a lease for twelve years I should pay four per cent, on the outlay. He 
 consented, and upon these terms the Largaiu was completed. During our connection 
 he has been in the habit of writing to me from time to time. He has always treated 
 me with great kindness. I now produce some of the letters which I received from 
 him : 
 
 " Guernsey, April 10, 1861. 
 
 " Dt ar Martin, Nothing will give me greater pleasure than to let your brother- 
 in-law have Melton's farm, unless he would like to have Daniell's, which Symonds 
 has had notice to quit. I am perfectly satisfied that he will suit me, since the 
 recommendation comes from you ; and it makes me only too pleased to be able to do 
 anything for a man who done so much, not only for my poor father but also for 
 me. I should like you just to let me know what state Brown's and Melton's farms 
 are in, if you have an opportunity. I must now say adieu ; and, with love to 
 Jeffy, and hoping you are quite well, believe me, 
 
 " Yours truly, W. F. WINDHAM. 
 
 " P. S. Direct to me, ' Post-office, Guernsey.' " 
 
 " Guernsey, April 17, 1861. 
 
 " My dear Martin, I have considered your letter, and what you say ia very 
 just. However, Melton you know last year took into his head to abscond, and 
 leave his wife, and go to some fair, and there stay neglecting his farm. When I 
 heard of it I said nothing at the time, but I thought that, after that, it was time 
 for him to quit. However, I will think over the matter, and see about it, and 
 let you know in a day or two. Would Park's house be two big with the farm, 
 for your brother or not, as, if it would not, you can tell Mr. Park that if he likes 
 Daniell's farm he may have it. But do you think he would like to move or not, 
 perhaps best not, therefore let the matter stand for the present. I must now say 
 adieu, and with love to Jefly, believe me, 
 
 Yours truly, . W. F. WINDHAM. 
 
 Where is Lines at work ? "
 
 165 
 
 " Guernsey, April 29, 18G1. 
 
 "My dear Martin, You may tell your brother-in-law that he may consider 
 Melton's farm his next Michaelmas; BO that affair is settled. I have thought 
 it over, and HOW come to a conclusion. Do you know of anvbody who is in want 
 of a farm ? I should like to know, as I want to let Daniell's farm. Is it true 
 what I heard from Captain Windham, that Symonds, after having notice to quit, 
 is quite furnishing a room for his sou in the farm, because, if so, that is just trifling, 
 as I do not intend him to have any one there as his tenant, but the person who is 
 to be there must be my tenant, and so you have my leave to tell him, if anything 
 is said about the matter. With love to Jeffy, and hoping you are well, believe me, 
 " Yours very truly, W. F. WINDHAM." 
 
 "Paris, September 4, 1861. 
 
 " Dear Martin, We shall be down with you on Tuesday next. Yates will bo 
 down on Monday, and will bring further orders. I want two rooms one for my 
 wife and self, one for her maid, and one for her sister. Get the piano tuned ; get 
 a man from Norwich. Good bye ; love to Jeffy. " Ever yours truly, 
 
 " W. F. WINDHAM. 
 
 " Have the east bedroom and dressing-room for my wife and the thoroughfare 
 room for her maid." 
 
 Until Mr. Windham came of age the estate was entirely under the control of the 
 trustees. He has no great taste for farming, but he has been round the estate 
 with me several times, and on those occasions he has always talked rationally and 
 sensibly. In my judgment he is a man of perfectly sound mind. 
 
 Cross-examined by Mr. Chambers. Mr. Windham and I are still very friendly. 
 The last time I saw him was on Saturday evening. He was driving a four-in-hand 
 near Fellbrigg, and I did not speak to him. There were several people with him. 
 I had been at Fellbrigg all the day, and Mr. Windham had been away. He was 
 returning when I saw him. I do not know when Mr. Windham was last in town. 
 I was kind to him when he was a child, and he has always talked to me with 
 perfect familiarity and confidence. I have fancied sometimes that he told me 
 falsehoods ; I do not say many, but some. I do not remember ever saying to him, 
 " Why, Mr. Windham, that is not true." He has never complimented me bj saying, 
 " You're a liar." I should fancy his mind is a little below the average. I should 
 not call him an extraordinary clever man. Many of the letters which I have pro- 
 duced were written in answer to some which I had sent him. He corresponded at 
 the same time with Captain Windham, but the language of his letters to me could 
 not by any possibility have been copied from those of Captain Windham to him. 
 When I saw him at Rimpton he did not tell me anything about his being in love 
 with a young lady there. I do not think he was in love then, for he spoke rather dis- 
 respectfully of Mr. Andrews, who, he said, was a gentleman who thought a great 
 deal of himself. I do not remember whether he had a dirty appearance or not. I have 
 seen his face dirty, but I do not know whether it was done by his rubbing the saliva 
 over his face with his hand. He shouted a good deal, like his father, but I never 
 noticed that peculiarity in his voice of which so much has been said. He used to 
 call oat frequently in the house, but that is a very common occurrence in Fellbrigg- 
 hall. He is a very good imitator of a cat, but I never heard|him trying 
 to imitate any other animal. I never heard him catawauling to amuse 
 the servants. I generally saw him when a boy in the housekeeper's room, 
 and when he came there he always behaved like a gentleman. I think I have seen, 
 him in the livery which his father had made for him, but I am not sure. I cer- 
 tainly never saw him in that dress outside the house. I have seen him outside the hall 
 in a soldier's dress, but never beyond the park. He wept bitterly at his father's 
 funeral. I cannot say whether he stared round the church. I did not see what he 
 was doing before the funeral left the house, nor did I see what he did after he 
 returned from church. I never accompanied him to the Haymarket. I saw no 
 policeman interfere with him at the Wimbledon Review. He was perfectly quiet, 
 and did nothing to excite the attention of anybody. Some of the policemen had 
 beer with him. A policeman accompanied Mr. Windham and myself to the car- 
 riage, but he did so, I suppose, for his own pleasure. Mr. Windham seemed to be 
 pretty familiar with the police. He did not tell me that his object was to learn his 
 duties as a county magistrate. I think he liked his old tenants ; at least I never 
 .heard him say anything to the contrary. I have told him sometimes that he should 
 not drive so fast, but I never had any complaints on the subject. I never said to
 
 166 
 
 him that some day he would be dragged out of the dogcart for driving so fast. I 
 did tell him that if he persisted in calling out to people in a gruff voice to clear the 
 road he would some day be pulled out of his dogcart and get a good drubbing. 1 
 am not aware that he was in the habit of driving through droves of cattle and 
 sheep. He told me that he had a capital offer for his timber from Roberts. 1 
 advised him not to sell it. He said he was to get 20,000 in four or five years. 1 
 thought the bargain was a foolish one to make, because, in my opinion, 20,000 of 
 timber could not be cut down without injuring the appearance of the estate. After 
 that conversation he never mentioned the subject to me again. I saw Roberts at 
 Fellbrigg about that time. 
 
 Re-examined. The first time I saw Mr. Windham in London was in July. Gen. 
 Windham told me that his nephew was in the habit of consorting with policemen. 
 I never heard Mr. Windham halloa except for a purpose. 
 
 By the jury. If he had consulted me about the timber contract I should have 
 advised hirn not to sign it. I refused to go to the Christmas entertainment at the 
 hall because I did not approve it. 
 
 By the Master. Mr. Windham did not like to have a tutor with him at Fellbrigg. 
 I did not altogether approve Mr. Horrock : s treatment of his pupil. There are many 
 men on t he Norwich-road who drive as fast as Mr. Windham. I think Mr. Windham 
 is a very temperate drinker. 
 
 MR. T. M. GIUB1LEI. 
 
 Mr. Ginbilei, examined by Mr. Milward, said On the 10th of May, 1858, 1 
 married Lady Sophia Windham. I first became acquainted with her in Torquay. 
 I first saw young Mr. Windham in April, 1858, and was with him a good deal. His 
 mother was very indulgent with him, and had a great deal of control over him. He- 
 was more easily moved by kindness than by force. I have seen him resist force on 
 many occasions. I have often driven out with him, and Mr. Windham always 
 conducted himself very well. I saw him twice before Vice-Chancellor Wood. On 
 both occasions he made some remarks to the Vice-Chancellor, and took part in the 
 proceedings. During his residence in Duke-street last year, he frequently visited 
 his mother at Sidmouth-lodge, Brompton, and drove her out. He dined there very 
 often. On one occasion he invited his mother and myself to dine with him in 
 Duke-street; but he afterwards sent us a letter to say that he was obliged to go 
 down to Norwich on pressing business, and that he wished us to put the dinner 
 off till the following week. We never dined at his lodgings. He accompanied 
 Lady Sophia and I on a short visit to the Continent, and he spoke French pretty 
 well. I have had many conversations about Mr. Windham with General Windham, 
 and also with Mr. Hook. Mr. Windham is a person of sound mind. 
 
 Mr. Milward. What did General Windham and Mr. Hook say to yon about Mr. 
 Windham H 
 
 Mr. Chambers objected to the question, as conversation which took place behind 
 the back of Mr. Windham was not evidence in this case. 
 
 The Master. I have already decided this matter over and over again. We are 
 not here to inquire into the conduct of General Windham and Mr. Hook. If these 
 collateral issues are to be continually raised, the inquiry may not terminate for 
 twelve months. 
 
 Mr. Karslake. We have no wish to raise collateral issues, and allow to me to say 
 that we do not adduce any evidence which we believe to be unimportant. 
 
 The Master. It was far from my intention to offend Mr. Karslake, but I say 
 again, the question cannot be put. 
 
 Witness resumed. He had received several letters from Mr. Windham. Ho 
 also produced many letters written by him to his mother. The transactions 
 referred to in them were real. 
 
 Cross-examined by Mr. Chambers. I think Mr. Windham is of sound mind. I 
 do not recollect saying that he is a young man of very weak intellect. I do not 
 believe he is so. 
 
 Mr. Chambers. Are you aware that at one time Lady Sophia proposed to join 
 in this petition ? 
 
 Witness. No. General Windham offered Lady Sophia and myself two bribes to 
 
 Mr. Chambers. Take care, Mr. Giubilei, or I will produce your own paper. 
 
 Mr. Karslake. Let us have no threats, please; the witness must not be 
 intimidated.
 
 167 
 
 Mr. Chanfters. I ask you again, Mr. Giubilei, do you know that Lady Sophia 
 proposed to concur in the petition 'i 
 
 Mr. Karslake objected to the question as irregular. 
 
 Mr. Chambers. Then, I ask the witness whether he was made acquainted 
 with the fact that Lady Sophia's solicitor offered in her behalf to concur in the 
 petition ? 
 
 Witness. I was not. I am upon good terms, of course, with Lady Sophia. Mr. 
 Chappel was and is her solicitor. I saw him last about a week ago at his office. 
 At that time IhadnotgiventoMr.Windham'ssolicitorany statementof my evidence. 
 I made a statement to them for the first time three or four days ago. They did 
 not come to me ; I saw them in the Sessions-house, where I had gone because 1 
 felt interested in the case. 
 
 Mr. Chambers Do you know that Lady Sophia made an affidavit in the Court of 
 Chancery ? 
 
 Mr. Karslake. I object to the question. 
 
 Mr. Chambers. Do yon know Mr. Ginbilei, or do you not ? 
 
 Mr. Karslake. I say I object to that question. 
 
 Mr. Chambers. Do you know Mr. Giubilei, or do you not ? 
 
 Mr. Karslake. I must say that when I have formally objected to the question it is 
 neither fair nor courteous to go on repeating it, and at the same time to throw a 
 triumphant glance at the jury. 
 
 The Master. I think the question is a very doubtful one, and it had better not be 
 pressed, or we shall never get through the case. 
 
 Witness resumed. I was in Duke-street twice about the end of May. I do not 
 recollect whether I saw Mr. "Windham in July, but I did not see him in August. He 
 ceased to call and dine at Sidmouth-lodge at the beginning of July. I did not 
 inquire after him in JJuke-street, but Lady Sophia wrote to him. I saw him with Miss 
 Willoughby in June last at the Lyceum. I had no suspicions of a marriage, 
 but I told him his income was not sufficient to justify him in keeping company 
 with such a person. I had been informed that she was extremely exti avagant, and 
 told him so. I think ho knew himself that she was living with another gentleman 
 at the time. I had not heard anything else against her, and I did not say any- 
 thing else to Mr. Windham. I spoke to him again about Miss Willoughby at the 
 Hampton Races. I told him to take care that was all. He made no answer. 1 
 think he is equal in intellect to the generality of young men of his age. He is 
 rather boisterous and excitable. I have heard him abuse people sometimes in 
 dirty language. He has never been in a passion with me. 
 
 By Mr. Kussell. Lady Sophia does not concur in these proceedings ; on the 
 contrary, she disapproved them. 
 
 Ee-examined. I have never seen him get into a passion without cause. When he 
 gets into a passion he lets you know it, but it does not last long. 
 
 By the Jury. When Mr. Windham came to dine at Sidmouth-lodge in May and 
 June he never appeared the worse for drink, as if he had taken too much wine at 
 lunch. 
 
 The inquiry was the nadjourned till Monday, when it was resumed in the West- 
 minster Sessions-house. 
 
 TWENTY-SEVENTH DAY. MONDAY, JA.X. 20, 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed this day in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother of 
 the alleged lunatic ; Sir Hugh Cairns, Q*C., Mr. Karslake, Q.C., and Mr. Milward 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Wiudham. 
 
 The Master wished it to be nndei-stood that the ground of his decision in favour 
 of a private examination of Mr. Windham was that he believed a public examination 
 would tend to defeat the ends of justice. He added that, in the Armstrong case, the 
 late Lord Campbell refused to allow counsel to be present at the examination of the 
 alleged lunatic. 
 
 A juror stated, as a fact within his own knowledge, that in the Armstrong case 
 Lord Campbell permitted the jury to have an interview with the alleged lunatic 
 alone.
 
 168 
 
 Mr. Chambers said there could be no doubfc the jury had a perfect right to say 
 that they would have an interview with the alleged lunatic either alone or in the 
 presence of the Master. 
 
 Mr. Milward put in an affidavit made by Mr. Windham on the 2nd of June, I860, 
 in connection with a Chancery suit then in progress. 
 
 THE REV. MR. DEVERE. 
 
 The Rev. Mr. Devere, examined by Mr. Milward, said : Mr. Windham was intro- 
 duced to me in August, 1858, and it was arranged that I should travel with that 
 gentleman for a short time. We went first into North Wales, then visited the Lake 
 district, and afterwards proceeded to Scotland, returning homewards through 
 Durham and York. I was with Mr. Windham about five weeks altogether. At 
 Fellbrigg we had some shooting, both carrying guns. During the tour we mixed a 
 good deal with other travellers. Mr. Windham behaved on the whole sensibly, and 
 I believe him to be of sound mind. His manner on some occasions was boisterous 
 and rather blustering, but there was nothing else objectionable in his demeanour. I 
 had a little trouble with him twice, but not much. 
 
 Cross-examined by Mr. Chambers. What I meant by a person of sound mind 
 was, one who could see the bearings and consequences of his actions. Mr. Windham 
 did not seem to understand the consequences of his boisterous and blustering 
 manner until I explained them to him. He did net appear to have had them 
 explained to him intelligibly before. I certainly made an impression upon him at 
 the time. By boisterousness, I mean that Mr. Windham was rather more noisy 
 than other people, but I never had any complaints on the subject, or saw any one 
 offended. Mr. Windham talked in a boastful way, and generally to people in a 
 lower station than himself waiters and ostlers about hotels. Towards the end of 
 our intercourse I observed that he took greater interest in the society of his equals 
 His capacity was not below par, and I believe that histapparent intellectual 
 deficiency was owing to want of education. 
 
 By the Jury. I think it likely that the present proceedings would have a great 
 and good effect upon Mr. Windham. His continuing to frequent the society of bad 
 and immoral people shows that he has not yet acquired a full sense of his 
 positisn, but ultimately the trial he is now undergoing will work its effect upon him. 
 
 Mr. Milward then read the letters from Mr. Windham to his mother, which were 
 produced by Mr. Giubilei on Friday. The following are fair samples of the corres- 
 pondence, which it is impossible to give in extenso. 
 
 "Eton, Sunday. 
 
 " My dear Mama, I hope you are quite well. I have got a bad cold. I am 
 so stupid, you know. The last night Mr. Cheales went out to dinner, and told rne 
 not to leave the room, as I was staying out ; but I stupidly went to another boy's 
 room ; but really it is because I get so tired of being in one room all day. He 
 says that he will punish me, which I know I deserve ; but yet he says that the 
 way he shall do it will be to keep me back for two days, or something like that, 
 which I don't like. Now, if I never am allowed to mix with other boys, I might 
 just as well not be at Eton. I am thought a stingy, sulky fellow if I don't, and 
 therefore I did not see any harm in just going to another boy's room for a little 
 while. Why is it that I am not allowed to sit in another room with my com- 
 panions ? Other private tutors don't prevent their pupils, why should I be pre- 
 vented ? Mi-. Cheales asked me why I did go. I told him for "nothing particular. 
 No more I did ; I went to talk to the boy for a little, just for a change, not to make 
 a row. The Captain was there, and we were all quiet, and talking together about 
 the holidays, &c. Now mind, I am perfectly in good temper, and am not in a 
 passion when I write this. If other boys disobey their tutors like this, they get 50 
 or 100 lines to write, not to stay for two days after the time, nor are they flogged 
 unless they don't do the punishment. I hope you will consider this, because I am 
 at Eton, and ought to be treated by the rules if I have done wrong. Then let Mr. 
 Cheales complain of me to Dr. Goodford ; he punishes others for disobeying their 
 tutors if they don't do the punishment their tutors set them ; but why am 1 to be 
 beaten like a dog because I go to another boy's room, or kept away from home two 
 days ? You allowed him to do anything he pleases, and never object ; at least, I 
 never have heard you. Other boys play about, but why am I kept like a prisoner ? 
 for I might just as well be in a prison, for it is just like it, being shut up in this 
 room all day, and if I go out of it to be punished as if I had told a lie or been 
 impertinent. He goes out all day and leaves me alone. Well, I get quite
 
 169 
 
 miperable if I see nobody at all ; as I say, I might just as well be in prison. Good 
 bye, dear mama. 
 
 " Believe me your affectionate son, 
 
 "W. F. WIXDHAM." 
 
 "My dear Mama, The real truth is, I was tempted to go up to London again 
 after the lost coat, which I got, but I was only there five minutes, as the train got in 
 at 7.30 and left at 7.35 that is the real truth I was sorry afterwards for what I 
 did I really was ; but I think the reason I did it was that wheu I got to Eton I left 
 my luggage at the station, and walked up with the note to Freddy, and when I got 
 back I did not like to join so early, so I thought I would try and get iny coat, which 
 
 I did. My dear mama, I am very ill ; I have had , and a very near attack, in fact, 
 
 a slight one as it is, of the . 
 
 " I may not leave my room. Mr. Soley says I must really take care of myself, 
 and not get cold in my chest. I hope yon will pass over this offence. I really have 
 told the 'whole truth and nothing but the truth.' I did a very foolish thing, and 
 I believe I have been punished by this attack of illness, from which I have not yet 
 recovered ; so, dear mama, I hope you will pass it over this time, as I am leaving 
 Eton and getting older. I trust by God's help to do better for the future ; therefore, 
 dear mama, I trust you will pai-don me for this fault this time, because I really see 
 in what a wicked way I have been going on for the fortnight I was in town. I have 
 done my best to keep straight here, and I hope and trust, by God's help, to meet you 
 on Mond iy next with a cheerful heart and conscience, and to behave for the future as 
 a dutiful son should a comfort to his mother. 
 
 " Believe me, yours very affectionately, 
 
 " W. F. WlNDHAM." 
 
 " Saturday. 
 
 " My dearest Mama, While you are in town I wish you would mention to the 
 Vice- Chancellor that I quite agree with you that uncle Henry Windham is not at all 
 a proper person for a receiver. I always told Mr. Lucas and Mr. Boyle that my 
 wish was that uncle Hook should be receiver, and I told my uncle Hook so myself. 
 When I wrote a little time ago to Sir W. Forster to wish for uncle Henry, I did so 
 in a passion. You know I told you how very drunk uncle Henry was at Betsy 
 Bounce's and elsewhere, and what a ridiculous row he made, rolling about, swearing, 
 and bellowing like a mad bull ; so, of course, I cannot seriously think him a fit 
 person, besides his blindness, and it would not, I know, be at all pleasant to the 
 tenants, who almost all wish him far away ; besides, I know what poor papa felt 
 about him. So, dear mama, say what I tell you to, and believe me, 
 
 " Your affectionate son, 
 
 " W. F. WixmiAM." 
 " Saturday, June 25. 
 
 " Dearest Mama, We leave here on Monday for Spa, and leave it on Thursday 
 for Cologne, and on Friday for Coblentz. If you write before Friday I shall get the 
 letters at Coblentz, and, if after, write to Frankfort-on-the Maine. Old Bathursb 
 says if you come out and I get travelling with you that he shall go back home ; 
 mind you come so as to join mo on the 9th of August, my birthday. Cannot you 
 get Wood's leave through Sharpe to join me, and travel for a little with us ? We 
 are going to Dresden soon for a month or three weeks to stay. The Gary's are still 
 here ; I am now going to see them. Give my love to Theodore, and tell him to 
 come out as soon as he can, and then we can have a lark. I never found it so stupid 
 as I do now ; one cannot read here as if one was at home it is impossible for 
 me to do so. I wish they were all at the Devil. Good-bye, dear mama; send me 
 my studs, and believe me, " Your affectionate son, " GLA." 
 
 " Can you pet me a nice set of waistcoat buttons ? six I want." 
 
 The following letter is supposed to have been addressed to Vice-Chancellor Wood 
 in 18GO: 
 
 " Sidmouth-lodge, Friday, 17th. 
 
 " My dear Sir, I am perfectly ready to go where you like in England, but I do 
 not wish to be any longer with Mr. Horrocks. I should wish to come and state 
 my reasons to you on Saturday next. I have not received any letter from you as 
 yet, and therefore I await your answer at my mother's house. I do not wish to be 
 guilty of any contempt of Court, but I refuse to go with Mr. Horrocks, as he stated, 
 besides other things, that he would leave me directly if it were not for my money. 
 " I am, dear sir, yours obediently, " W. F. WlKBHAM.
 
 170 
 
 " Fellbrigg-hall, Norwich, Oct. 18GO. 
 
 " Dearest Mama, Will you please send me all my things that belong to me at 
 Sidmouth-lodge ? There is a pouch and belt ; also a pair of boots of mine, which 
 I want. The weather here is wretched, and most awfully cold. Henry has nearly 
 killed himself, having been pitched out of his gig while driving about. The Norwich 
 ball is on Wednesday next, so I want my belt by Wednesday morning nest. I hope 
 you are better now. Uncle Hook has been very kind to me indeed, and behaves* 
 like an uncle to me and a friend ; he treats me like a man, and not like a baby, 
 which Lord Alfred did. 
 
 " I must now say adieu, and believe me your affectionate son, 
 
 "W. F. WlNDHA.M. 
 
 " There is no game, or else I would send you some." 
 
 " a, Hope-street, Edinburgh, July 2. 
 
 " Dear Mama, I hope you are better than you were. Tho weather here lias at 
 last turned out fine. I read every morning with Mr. I'eatfield for two hours or so, 
 and then enjoy the rest of the day out. I find I get on better with him than any 
 other man I ever met with as tutor ; he really is like a companion to me, which 
 none of the others ever were. We shall be here another week, and then commence 
 our tour upwards to the -North, and so work down to Norfolk about the 
 middle of September, when I expect we shall have tolerably good shooting this 
 year. I must now say adieu, with love to Johnson, and believe me 
 " Ever your affectionate son, 
 
 " W. F. WlN.Dft.VM." 
 DR. SUTHERLAND. 
 
 Dr. Sutherland, examined by Mr. Milward. I have devoted my attention to 
 cases of insanity for twenty-two years, and have written various works on diseases 
 of the brain. On November fith, 1861, I was applied to by Dr. Neale to examine 
 Mr. Windham. I examined Mr. Wmdham on the 12th of the same month. The 
 interview took place in my house in Eichmond-terracc, Whitehall. I conversed 
 with Mr. Windham the whole time. He told me that he came of age in August 
 last, and that ho married Agnes Willoughby on the 30th of the same month. He 
 stated that General Windham wished to make out that he was insane because he 
 married her. The General did not wish him to marry, as he was next heir to the 
 estate, and had broken off an engagement with a young lady of Norwich to whom 
 he was much attached. If tae General had allowed him to marry her this would 
 not have happened. He stated the amount of his property to be 3,000 a-year, out 
 of which he had to give his mother 1,500 a-year. He told me that he had settled 
 800 a-year on his wife, and 1,500 a-year when he succeeded to the Hanworth 
 estates in 1869. I asked him why he was not to succeed before that year, and he 
 replied that there was a mortgage on the estate, which would not be paid off till 
 1869, and that his father borrowed the money from Mr. Gurney. He told me that 
 he had given his wife 8,000 worth of jewellery and 6,000 afterwards because he 
 communicated to her a particular disease. I asked him how he came to do that. 
 He replied that he had consulted a surgeon, Dr. Whidborne, who told him he was 
 safe and might marry. He told me that he had charged his estate with about 
 1,500 to pay the annuity. I asked him whether there was any other reason for 
 his uncle thinking that he was insane. He told me that ho was considered to 
 be insane because he had been in the habit of driving engines on the railway, 
 because it had been stated that he was cruel to his animals, having shot one of his 
 horses ; and because he threatened to shoot himself. He admitted that he had 
 driven engines on the railway. He denied that he had shot his horse, but said that 
 his keeper shot it on account of an injury received from an accident. He stated 
 that he had never any intention of shooting himself, but that he only threatened to 
 do so to frighten his wife. I made another examination of Mr. Windham on the- 
 13th of November. He then told me that he had been in the middle fifth at Eton, 
 where he did the first book of Euclid, and read the sixth book of Homer, the yEneid 
 of Virgil, and the Odes of Horace. He repeated that which he had previously said 
 about his income. I asked him whether he had not sold his timber below its value. 
 He replied "that it was uncertain what the value of the timber was at Fellbrigg, 
 as it was twenty-two miles from the railway, and that he borrowed money from 
 Messrs. Lawrence and Fry to escape getting into the hands of the Jen,, against 
 which his father had always warned him." I asked him whether he kept h^s 
 aecounts. He stated ." that he went over the accounts with his agents, that he
 
 171 
 
 drew his own checks, and always made them payable to order, as that was as good 
 as any receipt." I saw him again on the following flay. He brought his groom and 
 footman to give me evidence respecting the charge of shooting a horse and attempt- 
 ing to shoot himself. I examined them separately, and they corroborated his 
 statement to me in the first interview. I have seen Mr. Windham since, but havo 
 not examined him. I have heard all the evidence which has been given in court. 
 I think Mr. Windham is of sound mind. There are no symptoms of congenital 
 imbecility or of idiocy. 
 
 Cross-examined by Mr. Chambers. There is a difference between imbecility and 
 idiocy. In idiocy there is a want of development of the mental and moral powers ; in. 
 imbecility there is only a partial development. Drawing the line between soundness 
 and unsoundness of mind in cases of imbecility is one of the most difficult questions 
 of medical science. I do not concur in the following passage from Dr. Copland' s 
 work: 
 
 " Deficiency of intellect appears in every grade and form until it amounts to 
 complete idiocy. The slighter degrees of deficiency are manifested chiefly by weak- 
 ness of character and capacity, or by stupidity, or deficiency of the powers of per- 
 ception or of the understanding. These grades of defect are generally not sufficient 
 to render a,n individual incompetent to the management of his affairs or to conduct 
 himself with propriety, and are hence not considered sufficient to constitute unsound- 
 ness of mind in its legal acceptation. But as the original defect may present every 
 grade, from the slightest of those just mentioned to complete idiocy, it is difficult to 
 draw any line of demarcation between what may be considered soundness or unsound- 
 ness of mind. This line must still remain unfixed or be only conventional, for no 
 tandard or criterion can possibly be established." 
 
 In cases of imbecility I always go by practical tests, ar,d in my opinion an imbecile 
 .hould be incoherent in his language and inattentive to the calls of nature. As to 
 1 mbeciles and idiots, I concur with Dr. Copland in the following passage : 
 
 " From what has been already stated it is obvious that all the grades and forms 
 of original imbecility cannot be described within moderate limits. Nor is a minute 
 description at all requisite. The works of Georget and Esquirol will furnish it, 
 and numerous illustrations of it. I may, however, briefly observe that imbecile 
 persons have a limited capacity for certain actions or employments, and acquire 
 some degree of facility in performing them. These they generally execute in a 
 tolerable manner, while they are quite incapable of any other modes of exertion or 
 occupation. Habit has a great influence on all their proceedings, and gives to 
 many of them an appearance of regularity which may be mistaken for the result of 
 steadiness and of higher powers. All are, however, deficient in the powers of 
 attention and of thought. They are generally timorous, often docile, weak, and 
 inconstant in purpose, and frequently irascible. The senses of some give rise to 
 feeble and dull impressions ; of others to more lively perceptions. Memory is 
 strong in some, while in others it is weak and confused in its most ordinary 
 object and frequently repeated idea, or it hardly exists. They display some indica- 
 tions of mind, of intellectual faculties, and of feelings and affections, and they have 
 the use of speech and of language generally in a degree proportionate to the 
 grade of perfection of their several senses and mental powers. They show the 
 same varieties of character, inclination, and moral propensity as persons of 
 stronger understanding. Left to themselves they are careless, lazy, and filthy. 
 At the age of puberty they evince the animal instincts by the most offensive 
 gestures, habits, and solitary rice." 
 
 But Dr. Copland leaves out a great deal. Imbeciles and idiots have generally 
 small misshapen heads, and in idiots I have remarked thick knuckles. In some 
 cases, also, thero is total absence of the sensual passions. The flow of saliva from 
 the mouth is common in idiocy and in senile demetitia. An attempt to control the 
 habit is an indication of soundness of mind. 
 
 Re-examined. Mr. Windham has a larger circumference of the head than the 
 average. There is no incoherency in his conversation. He is rather below the 
 average in point of intellect, but he does not at all approach the line where imbe- 
 cility begirs. 
 
 By the Master. I do not think a case of lunacy should be brought into Court 
 unless it involves either delusion, incoherency, or fatuity. Imbeciles are capable 
 sometimes of a certain degree of cunning, but they have not mind enough to 
 deceive a man of ordinary shrewdness. Lunatics are far more cunning than
 
 172 
 
 imbeciles. No amount of eccentricity will evidence insanity unless it is accom- 
 panied by some unmistakeable proof of unsoundness. 
 
 By the Jury. I have heard the letters read to-day. I never knew a person of 
 unsound mind who would have been capable of writing such letters. 
 
 Dll. CONNOLLY. 
 
 Dr. Connolly, examined by Mr. Karslake. I have had three interviews with Mr. 
 Windham for the purpose of testing the state of his mind. They took place on tke 
 6th, the 12th, and the 13th of December, 1861. At the first interview there was 
 nobody present except Mr. Windham and myself. I was surprised by his manner, 
 in which there was not the slightest peculiarity. He was not in the least embar- 
 rassed, but was perfectly cheerful, frank, and gentlemanly. I asked him whether 
 he was not rather tired of being continually examined by medical men. He an- 
 swei'ed good-humouredly that it was somewhat fatiguing, but that he was fully 
 aware of the necessity of it, inasmuch as his family wanted to make him out insane 
 and incapable of managing his affairs. I then asked him upon what grounds he was 
 accused of being of unsound mind. He replied by enumerating the various circum- 
 stances which have been so frequently mentioned here his having lived rather fast 
 and spent a good deal of money and having made an imprudent marriage. I asked 
 him what were his general habits of life. He told me that he had sometimes drank 
 more wine than was good for him, but that he was not in the habit of drinking to 
 excess ; that he was not fond of gambling, and that he had never committed any 
 acts of violence which could be taken as indications of insanity. He acknowledged 
 that his marriage was an injudicious step. Throughout the whole conversation he 
 talked rationally and sensibly, and did not utter a single expression indicative of in- 
 sanity. I think it is a great mistake in such cases to put minute and special questions, 
 and in my interviews with Mr. Windham I conversed with him as I would with 
 any other gentleman. He appeared to me to be of a somewhat hasty and impul- 
 sive character. I did not imagine that he was a very intellectual man, but a man 
 accustomed to rough and active exercise, such as the driving of railway engines. 
 1 did not observe the slightest trace of any delusion, or the least confusion upon 
 any subject whatever ; in fact, if I had not been informed of the charges made 
 against him I should not have dreamt that there was anything the matter with him. 
 He expressed a natural desire not to be deprived of his property or pronounced a 
 lunatic and unfit to take care of himself. He seemed perfectly aware that he had 
 not managed his property prudently, and told me that he had "dipped'' his estate 
 rather deeply. When I saw him the second time he had just come from a long 
 interview with Dr. Mayo and Dr. Winslow, and appeared to be rather fatigued. He 
 gave me a good-humoured account of the examination he had undergone, and said 
 that one of the doctors had put a series of questions to him from a paper which, 
 judging from its appearance, he thought must have been drawn up by a lawyer. 
 After telling me about the letter which he had written to Dr. Mayo at the close of 
 the examination and which, by the way, I thought a very severe test he said he 
 was anxious to get away to the shooting, but he saw the necessity of remaining 
 in town, and was ready to submit with all due deference and complacency 
 to the examination of medical men. He did not utter one foolish woi'd or 
 one irritable expression, nor did he show the least embarrassment or desire in any 
 way to make an impression. He was perfectly natural, simply himself, nothing 
 more. I saw him again the following day. He admitted that the placard was a 
 foolish thing, said it was written and signed for him by Roberts, and told me lie had 
 tried to stop its circulation. I spoke to him about the jewellery. He said he had 
 been rather extravagant in that particular, and had given his wife a good deal of 
 jewellery as compensation for an injury he had done her. He told me that he had 
 just come from Dr. Mayo and Dr. Winslow, and that he was to undergo another 
 examination the following day. He spoke with much good humour, but seemed 
 to think that he was getting rather too much of the doctors. I told him that I had 
 come from Hanwell that morning ; that the train was full of Eton boys, and that I 
 was surprised to see a great number of women of the town waiting for them at the 
 station. " Yes," he said, " it is always so ; and those only can avoid them who, 
 having to go home with the down trains, do not require to leave the station, but 
 have merely to pass from one side to the other." That appeared to me a very 
 sensible observation. I believe he is of perfectly sound mind. No medical man 
 could sign a certificate of insanity in his case, and no keeper of an asylum would 
 think of taking him as an inmate. There was no ineoherency in his statements
 
 173 
 
 to me. I found nothing inconsequential in his ideas ; literally and truly, I saw 
 not a single indication of uusoundness of mind. Amentia, is an obsolete term, but 
 when it was used it meant extreme imbecility. Mr. Windham is assuredly not in 
 an imbecile state. t 
 
 Cross-examined by Mr. Chambers. Idiots do write sensible letters, but no 
 frequently, and they can be taught different avocations ; but they have all generally 
 a marked defeat in their personal appearance, arising from an imperfect physical 
 development. Slavering is seldom seen unconnected with mental weakness. 
 
 llo-examined. I have heard the letters read this morning. I never know an 
 imbecile who could have written such letters. Idiots never attempt to get rid of 
 the habit of slavering. 
 
 By the Jury. I believe that if Mr. Windham had one good, kind, virtuous friend, 
 he would get through the world very well. His mind is not of a superior order, 
 and his misfortune has been since childhood to have been surrounded by improper 
 persons. He has the capacity to manage his affairs, but that is a different thing 
 from the will to do so. 
 
 By the Master. I do not know a case in which a person is rightfully confined in 
 a private asylum whose uusoundness of mind could not be recognised by a non- 
 medical man. An originally low degree of mental power is capable of great im- 
 provement by education. A taste for bad company is perfectly compatible with 
 soundness of mind. The present is a most instructive case, as showing the ill 
 effects of improper treatment and neglect in youth. It is impossible to judge of Mr. 
 Windham correctly without knowing how he was brought up andto what influences 
 lie was exposed. 
 
 Dr. Babington was called, at his own request, to state that he was not the " family 
 physician" of Agnes Willoughby. 
 
 MR. BOWEN MAY, RECALLED. 
 
 Mr. Bowen May, recalled and examined by Mr. Chambers. The documents I pro- 
 pai'ed for Mr. Windham were his marriage settlement, the disentailing deed, rmd sub- 
 sequently his will. I took down the will to Fellbrigg-hall. He executed it in my 
 presence, but he has since destroyed it, in consequence, as I infer, of the misconduct 
 of his wife. I have noted down the contents of the will, as follows : " To the wife for 
 life, with remainder to children ; remainder again to his mother for life ; remainder 
 over to his sister-in-law ; the one who married first, with consent of guardians, to take 
 the name and arms of Windham." There were some trifling legacies. The executors 
 I think, were the trustees under the marriage settlement Dr. Whidborne and Mr. 
 Eoberts. Mr. Windham told me he had destroyed the will about the time when the 
 application was made to the Lords Justices for a commission of lunacy against him. 
 I had delivered up the will to him a few days before, having declined to act as his 
 solicitor. He gave me no reason for the destruction of the will, but I inferred that 
 it was in consequence of Mrs. Windham having left him. I told him that he had 
 done perfectly right. 
 
 The inquiry was then adjourned. 
 
 It was incidentally stated that Mr. Eoberts, whose name has so often 
 been mentioned, has commenced proceedings against Mr. Field, one of the solicitors 
 for the petitioners, for words spoken during the course of these proceedings. 
 
 TWENTY-EIGHTH DAY. TUESDAY, JANUARY 21. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, ofFellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Sessions-house, before Mr. 
 W r arren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams appeared for the peti- 
 tioners; Mr. Charles llussell for Lady Sophia Elizabeth Giubilci, the mother of the 
 alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward for 
 Mr. William Frederick Windham; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Jackson, a solicitor, produced several letters addressed to him by Mr. 
 Windham. 
 
 This closed the evidence for the defence. 
 
 Mr. Russell then addressed the jury for Lady Sophia Giubilei, the mother of the 
 alleged lunatic. His client, he said, had no personal interest in this case apart 
 from the interest of her sou, but the Lords Justices had thought that in an inquiry 
 into the mental sanity of her own child she should not be doomed to be a mere 
 passive spectator, and he thought it would be admitted that her counsel had not
 
 174, 
 
 hitherto abused the power granted to her to be present and take part in the pro- 
 ceedings. Mr. Chambers, in his able opening speech, had stated that Lady Sophia 
 was to be taken as concurring in the petition against her son. That statement was 
 not correct. Lady Sophia had never concurred she did not now concur in these 
 proceedings ; but, on the contrary, all her sympathies, interests, and wishes were 
 with her son. It would be unnatural, indeed, for a mother, except upon 
 the clearest grounds and for the most incontestible reasons, to assist in 
 branding her own child with the stamp of mental incapacity. Perhaps the 
 only gratifying feature in this case was that Mr. Wiiidham of whom it had 
 been said that his heart was not capable of good and that he had no moral 
 feeling had during his whole life, beginning from his earliest youth, con- 
 stantly expressed the deep and earnest affection which he entertained for his 
 mother. It was not surprising, therefore, that Lady Sophia, instead of concurring 
 in the petition against her son, should disprove and condemn it. She regretted 
 and grieved over the faults which undoubtedly had stained his youth : but those 
 features of the case had been greatly softened by the evidence for the defence, and 
 Lady Sophia looked forward with confidence to the result of the interview which 
 the Master and the jury promised to have with her son. The jury had to consider 
 a case surrounded by prejudice and falsehood, but he trusted they would rivet their 
 attention upon its real merits. He hoped they would pause long before they fixed 
 upon Mr. Wiudham the stain of insanity before they took from him on the very 
 threshold of manhood that which made manhood a thing to be prized the sense of 
 personal freedom and personal independence. They had been told that this inquiry 
 would have a sobering effect upon him, enabling him to distinguish real from pre- 
 tended friends, and, if so, it would serve a great and beneficial end. By a verdict 
 in his favour, they would give him an opportunity of retrieving the follies of his 
 youth the follies of a raw, riotous, unrestrained, and untutored youth and of 
 playing a part which, though not conspicuous by gieat deeds, might not be alto- 
 gether unworthy of the name which he bore, and of the social position into which 
 he was born. 
 
 Mr. Karslake was then heard for Mr. Windham. He said : I rejoice to hear from 
 Mr. Kussell that there is at least one of the relatives of Mr. Windham who does 
 not appear in the ranks of the petitioners against him. I thought until a 
 recent period that there were two parties in this inquiry the accuser and the 
 accused ; but the jury has been told that, in addition to the other anomalies which 
 surrounds the case, there is no recognised accuser at all, and that Mr. Cham- 
 bers appears here as a friend of the Court, for the purpose of assisting it in 
 ascertaining whether Mr. Windham is insane or not. The result of the inquiry, 
 whether favourable or the reverse to Mr. Windham, will be to saddle him with 
 a charge of some 15,000 or 20,000, and for that enormous burden he will have 
 to thank the petitioners, because they have chosen to bring forward a case which 
 can not be proved in evidence, and because they have acted throughout, not in a 
 fair, honest, and judicial spirit, but as partisans for the purpose of depriving Mr. 
 Windham of his property, which is the only thing they care a straw about. It 
 must be admitted that, besides the prejudice excited by tM petitioners against Mr. 
 Windham, the prejudice which the alleged lunatic has created by his own acts 
 weighs heavily upon him now. Even in contracting his marriage Mr. Windham 
 has done an act which is calculated to disgust society. I should have thought, 
 however, that when it had been proved that General Windham, Mr. Hook, and the 
 other petitioners had made numerous affidavits in the Court of Chancery for the 
 purpose of inducing the Lords Justices to issue a commission of lunacy 
 against their youthful relative, and afterwards had refused to pledge 
 their oaths before the public to the truth of those statements, the 
 case ought at once to have been brought to an end. No doubt I shall hear some 
 specious reasons from Mr. Chambers for not calling General Windham and the 
 other petitioners as witnesses; but I submit that if the jury are satisSed that 
 the motives of General Windham are not so disinterested as they have been repre- 
 sented to be, and that he had declined to appear in the witness-box and to submit 
 himself to a cross-examination in the face of the public from a well-grounded indis- 
 position to repeat in open court the statements which he has made to the Lords 
 Justices, there i. no reason, however specious, which can remove the impression 
 from their minds that General Windham has acted incautiously and unfairly. It is 
 not my intention to contest the right of the petitioners to institute a preceding
 
 17 o 
 
 which they honestly believe to bo necessary and likely to be justified by the result. 
 If General WincJham and the rest of the band ot' petitioners are really of opinion 
 that their statements in the Court of Chancery amount to proof of insanity if 
 they are satisfied that their allegations can be confirmed by unimpeachable 
 evidence in open court no fault can be found with them for the course they have 
 adopted, even though they may saddle Mr. Windham with an enormous debt, 
 and expose to the public gaze every vice and folly of his early years. But, I repeat, 
 the petitioners have acted throughout, not as judges of the cause but ;is partisans, 
 and have done everything in their power to excite a prejudice in the public 
 wind against their young relative. Instead of going to Mr. ;irul Mrs. Martin, 
 who, above all other f e -sons, knew the early history of Mr. Windham, they have 
 produced in the Court of Chancery a series of statements upon which they do not 
 venture to rely before a jury, and they have been guilty of a deliberate concealment 
 of evidence, because they know it would not suit their purpose. It will be recol- 
 lected, moreover, that they have carefully kept out of sight the character and peculi- 
 arities of old Mr. Windham ; and yet the jury have heard from Dr. Conolly that it 
 is impossible to judge of young Mr. Windham without knowing something of his 
 treatment in early life and the influences to which he was then exposed. The truth 
 is, I believe, that young Mr. Windham is in many respects a counterpart of 
 his father, all whose frailties and foibles are perfectly well known to the peti- 
 tioners, who, nevertheless, acting in the spirit of partisans, had done everything 
 they can to conceal them from the jury. During the course of the case for the 
 petitioners, two pictures, one of which must necessarily be untrue, have been drawn 
 of Mr. Windham. According to Mr. Chambers, in his opening speech, backed by a 
 number of policemen, Mr. Windham is a congenital imbecile, continually slaver- 
 ing at the mouth, talking incoherently, and screeching and howling like a madman. 
 That picture has been utterly wiped out by Dr. Winslow, Dr. Mayo, and Lord Alfred 
 Hervey,who have favoured the court with another portrait of Mr. Windbam, equally 
 inconsistent with the first and with truth. Mr. Windham, according to the two 
 doctors and his uncle, although of unsound mind and incapable of managing his 
 affairs, is so little of an imbecile that any person might converse with him 
 for hours without perceiving that there was anything the matter with him at all. 
 But the real issue before the jury is not whether Mr. Windham is of unsound 
 mind, or wliether he is incapable of managing his affairs, but whether ho is 
 incompetent to the conduct of his affairs by reason of nnsoundness of mind. It 
 may be true that many of his acts have been profligate and vicious ; but what the 
 jury has to consider is, not whether Mr. Windham has spent his youth in 
 excesses of various kinds and has done many foolish and objectionable things, but 
 whether the acts and events which have been proved in evidence are the clear and 
 indisputable result of insanity. I admit that there are defects in the character 
 of Mr. Windham, but those defects are attributable to the example of his father 
 and to the treatment he received in childhood. Mr. Windham seems to have been 
 allowed to do what he liked in childhood ; his education, such as it was, ceased at 
 too early an age, and he never was wisely or prudently directed. The evidence of 
 the witnesses shows that when at school he was not a boy of dirty habits, while the 
 slavering is completely accented for by the peculiar formation of his mouth, 
 which has nothing whatever 'to do with his mental capacity. At school he was 
 somewhat riotous and boisterous in his manners, and that circumstance, coupled 
 with his fondness for rough ont-door sports, satisfactorily explains his sov!>ri(fveb of 
 " Mad Windham." The learned counsel reflected with severity upon the conduct 
 of some of the tutors, and argued that, though apt to resent and resist force when 
 used by those whom he disliked, Mr. Windham was always amenable to authority 
 properly and fairly exercised, while his letters to his mother showed that he 
 had an affectionate disposition. I ask the jury, he continued, whether 
 it is likely, if Mr. Windham is the sort of wild beast he is repre- 
 sented to be by the petitioners if he i a creature who spent his 
 time in howling and catcalling, a person who never by any chance indulged 
 in coherent and consequential conversation, he would have been kept so long at 
 Eton, or could have induced gentlemen of education, ability, and position to live and 
 travel with him ? Mr. Burr, the tutor at Wokingham, has distinctly stated that 
 in point of intellect Mr. Windbam is not inferior to the other young men under 
 his charge, and that if he had continued his studies a short tirtio longer ho would 
 have passed the army examination without the smallest difficulty. On the other
 
 176 
 
 hand, the evidence of Mr. Cook and others shows conclusively that Mr. Windham 
 transacted his business like any other gentleman, while the conduct of Mr. 
 Andrews, of Kimpton, when he expressed his willingness to allow his daughter' 
 under certain conditions, to enter into an engagement with Mr. Windham is clear 
 and convincing proof that in the opinion of a gentleman of great intelligence and 
 position there is not the slightest taint of insanity about the alleged lunatic. 
 The education of Mr. Windham may be said to have closed when he 
 left Eton, for none of his subsequent tutors, or rather companions, 
 ever read with him or ever wished to read with him. Colonel Bathurst 
 has given his evidence with more fairness than the other tutors, but 
 he ought to have stated before leaving the witness-box that, after his con- 
 nection with the alleged imbecile had altogether ceased, he did not scruple to 
 visit him as a friend. The history of his connection with the East Norfolk militia 
 at Great Yarmouth, abundantly proves that Mr. Windham, though quick to resent 
 an injury, is always ready to show respect where respect is due, and 
 capable of discharging his duties satisfactorily and properly when he 
 chooses to perform them. Mr. Scott, the metaphysician and solicitor, 
 of ^ Aylsham, has formed and expressed the opinion that Mr. Windham. 
 is insane, but the same gentleman has OH several occasions gone to Fellbrigg- 
 hall and dined with the alleged lunatic, and has taken his wife and daughter with 
 him, exposing them to the insults which a man who could not talk rationally or 
 coherently might be expected at any moment to heap upon them. The way in 
 which Mr. Windham was treated by the gentlemen of his own neighbourhood the 
 visits paid to him by Captain Ives, a deputy-lieutenant of the county, and his 
 terms of intimacy with Lord and Lady Suffield, ought to have greater weight with 
 the jury than opinions formed upon such flimsey and worthless grounds us those 
 stated by Mr. Scott and others. No person can doubt for a moment that if Mr. 
 Windham had been insane he would neither have been permitted to remain in the 
 East Norfolk Militia, received as a guest by Lord Suffield, nor visited as a friend by 
 Captain Ives. In an evil hour Mr. Windham went to lodge with the Lewellins, in. 
 Duke-street. The affidavits of the Lewellins to the Lords Justices were to the effect 
 that Mr. Windham, was more like a wild beast than a human being. That he was 
 either unable or unwilling to wash himself, unless compelled to do so. That he was 
 taken out of his room and put into a bath every morning by Mr. Leweliin. That he 
 habitually threw away his money. That he was in the habit of running about the 
 house in a state of nakedness. That he repeatedly exposed his person in a disgraceful 
 manner to Mrs. Lewellin, and that his bed was frequently found in a filthy condi- 
 tion. Can anybody doubt that the Lewellins are mere creatures of General 
 Windham? General Windham has been called a distinguished man. All my 
 information of General Windham has been derived from public report. I care 
 nothing for what his conduct may have been in the field. I judge him by his 
 actions alone, and I beg to tell General Windham that he is a mere carpet 
 knight if he can attack his nephew with affidavits in the retirement of the Court 
 of Chancery, and then decline to repeat his statements in open Court. General 
 Windham has blown his trumpet rather loudly ; he has challenged his kinsman to 
 the combat ; he has exposed his life to the public gaze with every circumstance of 
 exaggeration and falsehood, but, with a moral cowardice almost unexampled, when 
 his nephew enters the lists to meet him in fair fight, he had left his hired and 
 perjured witnesses to make what stand they can, and has meanly skulked and 
 hid himself in the seat beside his counsel. Here is a man who the day before 
 Mr. Windham came of age treated him as sane and competent, and who, long after 
 his marriage, attempted to sell him a property worth 1,000. The last thing we heard 
 of General Windham w as that when Elizabeth Moore had proved the perjury of 
 Mrs. LewelKn in connection with one of the most disgusting features of his case, 
 he left his home in Belgravia on Christmas morning and sought out the humble 
 dwelling of Mrs. Brown, the laundress, for the purpose of seeing whether he could 
 not bolster up the evidence of a baffled and discredited witness. General Windham 
 has not the courage to come forward in open court and support the charge which 
 he has dared to make against his nephew. In the privacy of the Court of Chancery 
 he has ventured to defame and blacken the character of his youthful relative, but 
 he has proved himself craven, recreant, and coward enough to decline to sanction 
 by his oath in the face of the public a story which he has foisted upon the Lords 
 Justices, and which he has not hesitated to support by the evidence of hireling
 
 SAA1UEL \VAKRKK, EF.Q., Q.C., MASTER IN I.VXAOY.
 
 179 
 
 witnesses. It is a remarkable fact that, after he had retained the Lewellins as 
 his principal witnesses, General Windham, of whose distinction we have heard so 
 much, did not scruple to dine with a retired valet and his wife to celebrate the 
 birthday of a brother soldier. The house in Duke-street is, indeed, a mysterious 
 establishment. Generals, colonels, clergymen, and distinguished scholars were 
 there, in the habit of dining with a common lodging-house keeper, who one day 
 waited like a footman and the next sat down at table, while hia wife took daily 
 airings in a cab with a gentleman whom she called " her baby," and sometimes 
 travelled with him as far as Eamsgate. 
 
 The learned gentleman had not concluded his speech when the Court adjourned. 
 
 TWENTY-NINTH DAY. WEDNESDAY, JANUARY 22. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Sessions-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special Jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles Kussell for Lady Sophia Elizabeth Giubilei, the mother 
 of the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 The Master. Before Mr. Karslake resumes his address for Mr. Windham, I wish 
 to express the hope, in consequence of what I have read and seen elsewhere, that 
 there will be no attempt to interfere with the discharge by the jury and myself of 
 the most momentous and difficult duties which we have to perform. Every one 
 must be aware of the extremely painful circumstances under which I am sitting 
 here, and I am bound to acknowledge that hitherto I have received the sympathy 
 of counsel on both sides. I trust that nothing will be done to add to the difficulty 
 of my position, bearing in mind how critical and important are the duties which I 
 have to discharge. 
 
 Mr. Karslake resumed his speeeh. He said : I wish to direct the attention of the 
 jury to the evidence of the Lewellins, which I contend is full of inconsistencies and 
 contradictions, one utterly unworthy of credit. I charge Mrs. Lewellin with having 
 used all her efforts to induce several persons to come into court and assert that 
 which she knows to be false. She has repeatedly attempted to suborn the witness 
 Pritchard, and throughout the whole proceedings has betrayed the zeal of a partisan 
 on behalf of a gentleman whom, in one of her letters, she calls " the dear General." 
 Her evidence has been disproved by her own servants, whom she has traduced and 
 maligned, as well as by other witnesses of irreproachable character. The portrait 
 of Mr. Lewellin has been painted by his own wife. He has been represented as a 
 coarse, brutal, passionate man, constantly abusing and bullying his wife, and as 
 constantly using filthy and blasphemous language to his serrants. Such are the 
 couple upon whom "the dear General" relied as his principal witnesses, and by 
 whose help he hoped to be able to prove his nephew insane, and to get hold of the 
 Fellbrigg estates. Eliza Dignam, the sister of Mrs. Lewellin has deposed upon oath 
 that the statements made by that person in her affidavit, and repeated in open court 
 are entirely false from first to last. Gentlemen of the jury, you may believe Eliza 
 Dignam, or you may not, but I maintain that she is a ten thousand times better 
 witness than either her sister or her respectable brother-in-law, who tried to cheat 
 her out of her miserable pittance of 30. Nor should it be forgotten that the 
 general effect of her evidence has been confirmed by her brother, Conway Dignam, 
 upon whom a systematic attack was made by Mrs. Lewellin for the purpose of 
 inducing him to give false evidence against Mr. Windham. It is true that Mrs. 
 Lewellin has denied upon oath that she has ever talked to her brother abont Mr. 
 Windham j but in my judgment there is a great deal more blasphemy than 
 solemnity in her appeal to God to strike her dead in the witness-box if what she 
 has said is false. After all, however, the acts of the Lewellins are a complete 
 answer to their words, whether true or untrue. Is it likely that the Lewellins, 
 having had experience of Mr. Windham in their house for one month, believing 
 him to be a noisy, filthy, howling lunatic and imbecile, would have disregarded 
 their own interests as lodging-honse keepers so far as to let him apartments for a 
 whole year? Mr. Windham has been charged over and over again with 
 keeping low company. To that charge I must to a certain extent plead 
 guilty. There is nothing to be regretted in his association with railway guards and 
 railway porters, but all must admit that he kept the company of the lowest of the 
 
 M 2
 
 180 
 
 low when lie consorted with the retired valet, the would-be wine merchant, the un- 
 liceused retailer of spirits in his own house, the respectable David Lewellin, f 53, 
 Duke-street, St. James's. It is rather hard, however, that General Windham, who 
 himself had sanctioned the residence of his nephew in Duke-street, and tha't Mr. 
 Peatfield, who, with his friends, has repeatedly dined at the expense of his pupil in 
 the company of the Lewellins, should now come forward and charge Mr. Windham 
 e society of his inferiors in station. The evidence of the 
 
 with a fondness for the society of his inferiors in station. The evidence of the 
 policemen is altogether unworthy of notice. Some of it is false, as in the case of 
 the alleged misconduct of Mr. Windham at the Wimbledon review, and the rest is 
 ntterly trivial and unimportant. Mr. Windham may have been in the habit at one 
 period of his life of frequenting the Haymarket ; he may have made noises there ; 
 he may even have imitated the police, and told the people to " move on ;" but 
 surely he is not to be declared insrne, and deprived of his personal liberty and 
 his property, for doing that which is done by hundreds of young 
 men with perfect impunity and without any imputation upon their 
 mental capacity ? The learned counsel then passing on to the proceedings at Fell- 
 brig-hall the day before Mr. Windham came of age, when, at the instigation of 
 General Windham, a proposal was made by a London attorney for the resettlement of 
 the property, said: Here we have General Windham endeavouring with legal 
 assistance to draw his nephew into a bargain which, if it had been carried out, 
 would have deprived Mr. Windham of the power of disposing of his property. Still 
 later the same General Windham bargained and negotiated with his nephew for 
 his own advantage, and yet he now alleges, and attempts with hired and prejudiced 
 witnesses to prove, that from his infancy upwards his kinsman was a lunatic and 
 an imbecile, incapable of managing himself and his affairs. At Fellbrigg- 
 hall Mr. Windham saw the snare so cunningly set for him by General 
 Windbam and his henchman, Mr. Jackson, nor could he be persuaded on a sub- 
 sequent occasion to purchase the property worth 1,000 which his uncle wanted to 
 sell to a person whom he believed to be an idiot. The marriage contracted by Mr. 
 Windham is an unfortunate event, but if every man who has made a similar marriage 
 is to be placed in a lunatic asylum, then the sooner lunatic asylums are enlarged 
 the better. It is not impossible that if we were to search the pages of a Peerage 
 we might discover the names of illustrious ladies, the mothers or grandmothers of 
 some of the proudest noblemen now living, over j whose unmarried life it would be 
 as well, perhaps, to draw the veil of concealment and oblivion. Miss Willoughby 
 has been represented as a person of great personal attractions, and it is not very 
 wonderful that Mr. Windham, who cares for no member of his family except his 
 mother, upon whom all his relations have turned their backs, and who has read and 
 admired letters in the newspapers showing the advantages of an establishment in 
 " the shady groves of the Evangelist," and defending connections not sanctioned 
 by the Church, should have resolved to marry such a lady. The learned counsel 
 next examined the terms of the marriage settlement, and referred to the evidence 
 of Mr. Bowen May as showing that Mr. Windham, however enamoured of Miss 
 Willoughby and anxious to accomplish the marriage, discussed the conditions 
 in a business-like manner, and, in fact, acted throughout as any other gentle- 
 man would have done. He next reviewed at considerable length the charge 
 against Mr. Windham of having infected his wife with a particular disease, and 
 criticised minutely all the evidence bearing upon it, contending, first, that many 
 married men had done the same thing ; secondly, that Mr. Windham was not aware 
 of the state of his bodily health when he married ; and, thirdly, that the injury he 
 inflicted upon his wife caused him to contract a heavy debt with Mr. Emmanuel, 
 the jeweller, and to overlook many circumstances in her subsequent conduct which 
 he might otherwise have deplored and blamed. A great deal has been said, he 
 continued, of his connection with Roberts. It is to be hoped the jury will not judge 
 of the character of that person from what they have heard in this case, lloberts, I 
 believe, has taken steps for the purpose of testing the statements which have been 
 made against him, and meanwhile it is only necessary to say that up to a very 
 recent period Mr. Wiudham knew nothing of the accusations against Roberts, what- 
 ever they may be worth, but, on the contrary, had every reason to regard 
 him as a friend. I cite the evidence of the tradesmen and others from Norfolk 
 and of the servants from Fellbrigg-hall, as proving that Mr. Wiudham talks 
 rationally and coherently, and transacts his business as a private gentleman and 
 landed proprietor with equal sense, prudence, and intelligence. Among other charges
 
 181 
 
 against Mr. Windham three have been presented in glowingcolours to the Lords Justices 
 first, that he has been guilty of great cruelty in shooting a horse without eause ; 
 secondly, that he has fired his gun directly at three men loading hay in a cart ; 
 thirdly, that he has attempted to shoot himself. Meerins, the gamekeeper at Fell- 
 brigg, has completely disproved the first and second charges, and it now appears 
 that the horse was shot by Meerins because it was a vicious brute and had so in- 
 ured itself that it was fit only to be shot, and that there is no ground whatever for 
 saying that Mr. Windham ever fired his gun at three men loading hay ; while the 
 act of homicidal mania, as it was represented to be to the Lords Justices, turned, 
 out to have been committed by a rusty revolver, taken to pieces, and locked up in a 
 pistol-case. Such are fair samples of the accusations laid before the Lords Jus- 
 tices, for the purpose of inducing them to issue a commission of lunacy. The jury 
 now see what they are worth ; but is it not intolerable that by means of such 
 groundless statements, made in the privacy and retirement of the Court of Chan- 
 cery, the relatives of Mr. Windham are enabled to saddle him with a charge of 
 something like 20,000 ? It has been established that up, at least, till the 17th of 
 September the principal petitioner did not consider his nephew to be insane. But 
 after the 17th of September Mr. Windham committed an act which in all probability 
 induced his uncle to apply for a commission of lunacy against him. He entered 
 into a timber contract. That contract naturally arose out of his marriage. In con- 
 sequence of his marriage Mr. Windham became involved in enormous debt, for it is 
 a remarkable fact that he, the heir of a property which in 1869 would realize a rental 
 of between 12,000 and 15,000, ended his minority without a single shilling of 
 his own in his pocket. A supply of money was absolutely necessary, and there were 
 only two modes by which it could be obtained either a sum must be borrowed 
 upon the estate, or the timber must be sold. Mr. Windham chose the latter alter- 
 native, and the persons with whom he made the contract are highly respectable 
 timber brokers in the city of London. Supposing for a moment that the contract 
 is a bad contract, and that Mr. Windham has been defrauded, is every person who 
 has been defrauded to be declared insane and confined in a lunatic asylum ? Mr. 
 Windham seems to have been under no delusion about the contract ; clause after 
 clause was discussed by him and Mr. Lawrence, and there is not the slightest 
 pretence for saying that he either acted or was treated during any part of the 
 negotiations as a person of unsound mind, incapable of managing his own 
 affairs. Whether the contract is fraudulent or not is a question for the Court 
 of Chancery to decide; it has obviously nothing to do with the sanity or in- 
 sanity of Mr. Windham ; nor ought it to have the smallest weight with the jury 
 in coming to a decision upon the issue before them. I contend, however, that the 
 contract has been grossly misrepresented, that its terms are fair and rea- 
 sonable, and that, according to the evidence of skilled witnesses, it is rather disad- 
 vantageous than otherwise to the purchasers. If Mr. Windham had gone upon the 
 turf, or been enticed into one of the " hells" of London, he might have been obliged, 
 not only to sell the timber, but to part with the whole estate, which he had the 
 power to do, and have gone forth a ruined and disgraced man. In October General 
 Windham called upon Messrs. Lawrence and Fry to get the history of the contract, 
 and then he proceeded secretly to gather information for his petition. From 
 that time forward he was in daily communication with Dr. Forbes Winslow 
 and others, concocting his scheme, and preparing those blunted weapons which 
 lie afterwards used before the Lords Justices, but which he has not 
 ventured to wield in open court. Mr. Windham thenceforth was followed by spies 
 and informers, his every action was watched and scanned, and the grossest treason 
 was practised against him by persons who pretended to be his friends. Something 
 has been said about his conduct during these proceedings. The truth is that Mr. 
 Windham has ridiculed them from the first. He believes himself to be perfectly 
 sane ; he regards the petition as the result of a cruel and wicked conspiracy got up 
 by General Windham for the purpose of depriving him of his property ; and 
 he shared the opinion of many others, that if General Windham, Captain 
 Henry Windham, and Mr. Hook did not venture to show themselves in the 
 witness-box they would at once withdraw their petition, and so save an 
 enormous amount of unnecessary expense. He has been disappointed in that 
 respect, but even Mr. Chambers has admitted that he has reasonable grounds 
 for saying that his uncles would never dare to appear against him in open 
 court. I direct attention to the fact that before he examined Mr. Windham
 
 182 
 
 Dr. Winslow hacfhis mind poisoned by the affidavits filed in the Court of Chancery. 
 I also object to the mode in which the examination was conducted, and complain 
 that Dr. Winslow, instead of talking with Sir. Windham as he would have done to 
 any other gentleman, confined his questions to the filthy and frivolous charges 
 which he found set forth in the affidavits. But Dr. Winslow has admitted that no 
 extravagance or vice could be accepted as insanity, though' his friend and col- 
 league in the examination of Mr. Windham, Dr. Mayo, holds the very contrary 
 opinion. Yet it is essential to the case for the petitioners that profligacy should 
 be treated as evidence of insanity. Where is the line to be drawn ? If profligacy 
 and vice isinsanity, the Divorce Court ought to be abolished, and lunatic asylums to 
 be built for adulterers and adulteresses. Why should Newgate not be pulled down, 
 and a lunatic asylum erected on its site ? The doctrine of the petitioners is mon- 
 strous. Which is worse the profligacy attributed to Mr. Windham by his relatives, 
 or the conduct of a man who, having separated from his wife, flaunts in public 
 places with a rouged and shameless courtesan ? Much indignation has been 
 expressed against Mr. Windham, but if he is to be restrained as a lunatic on account 
 of his vice, what ought to be done with the man who sells his daughter to some 
 hoary lecher, compelling her to commit the heinous sin of pi-aying at the altar for 
 her speedy widowhood ? I trust the jury will give no countenance to the theory of 
 moral insanity, which, though dear to Dr. Mayo and the petitioners, has always 
 been scouted and repudiated by the law and the bench of England. Mr. Windham 
 has committed many bad actions, but he is not therefore insane ; and of all people 
 in the world General Windham and the clan Bristol ought to be the last to complain 
 of his misconduct, which is in a great measure the result of their own neglect and 
 ill-treatment. An allusion has been made to the doings at Fellbrigg-hall on Christ- 
 mas night, when Mr. Wiiidham put on a pair of hunting breeches, blacked his face, 
 and joined in the singing of negro songs. I admit that Mr. Windham did a foolish 
 thing on that occasion, but I submit that it cannot be magnified into anything 
 more than a want of taste, such as that evinced in going to the Haymarket during 
 the course of the present inquiry. But whatever may have been the conduct 
 of Mr. Windham on Christmas night, nobody, I think, can envy the man 
 or woman who had played the part of a spy in Fellbrigg-hall, and given information. 
 to the other side. There is treason at work against Mr. Windham. His steps have 
 been dogged for months, his confidential agents have been canvassed, and everything 
 filthy and foul has been raked up against him for the purpose of sustaining a case 
 founded upon falsehood and prejudice. Dr. Winslow, in his own subtle way, has 
 thrown out a bait to the "jury in the shape of a suggestion that Mr. Windham, 
 instead of being confined in a lunatic asylum for life, might merely be placed under 
 surveillance for a few years. Let the jury beware of falling into the snare thus set 
 for them. They may depend upon it that the object of the petitioners, 
 however it may be disguised, is to immure Mr. Windham in a madhouse for 
 life. Let General Windham once get his nephew within his clutches, and he will 
 take care that the estates are secured to his own family, and that the person- 
 alty is in a very Jfew years divided between himself and the other petitioners. 
 Mr. Windham, said the learned gentleman in conclusion, may have been profligate and 
 unfortunate, but that is the most that can be allegedjagainst him. The petitioners have 
 no right to expose his life to the public gaze, until, by something like a judicial 
 inquiry instituted among themselves, they had made up their minds that every 
 one of" their positions could be maintained in the open court, and that all their 
 witnesses could stand unscathed the test of a cross-examination. I leave the 
 jury to say whether the inquiry has been conducted in this spirit. If Mr. Windham 
 had been penniless he might have roamed through the world without one of his rela- 
 tives reaching out a hand to save him ; but because he is the owner of Fellbrigg- 
 hall, because he has entered into a contract for the sale of his timber, and because 
 General Windham fears that the property may be lost to himself and his sons 
 for ever, an inquiry has been instituted into the state of his mind, and he is 
 threatened with the severest punishment which can be inflicted upon a human 
 being. Let the jury recollect that they were once young themselves, and let them. 
 consider for a moment with what feelings they would regard the man who should 
 rake up aud publish to the world all the follies, and possibly even vices, of which 
 they have been guilty in their youth, but which they now sincerely repent and de- 
 plore. Is it not the part of a friend rather to cover with a veil the foibles of early life 
 than to expose them to a curious and gaping public? How far General Windham and
 
 183 
 
 the other relatives of my client have acted upon this principle I will leave them to 
 judge. How far, even if they thought themselves justified in proceeding with their 
 petition, it was worth their while to go into many of the filthy and disgusting 
 details with which they have overloaded their case, I will likewise leave them to 
 jndge. I am certain that I shall not appeal to them in vain to draw the line between 
 folly and insanity, between profligacy, however great and lamentable, and unsonnd- 
 of mind. I am sure that I shall not again have to remind yon that you are bound 
 to believe my client sane until the contrary is proved by unimpeachable evidence. 
 On behalf of Mr. Windham I have no necessity to appeal for mercy. I ask simply 
 for justice; and, if I can judge of the effect which the evidence will produce upon 
 you, I think I may safely predict that your unanimous verdict will be that Mr. 
 Windham is of sound mind, and ought not to be deprived of his liberty, which 
 is dearer to him than life itself. 
 
 The learned gentleman sat down amid some applause, and the Court immediately 
 adjourned. 
 
 THIRTIETH DAY. THURSDAY, JANUARY 23. 
 
 The adjourned inquiry into the state of mind of Mr. VV. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Sessions- house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special Jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother 
 of the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Coleridge said : I have the honour to appear before you on behalf of Mrs. 
 Windham, and although I could well be content to leave the case of that lady 
 where it has been put by the speech of Mr. Karslake, yet, inasmuch as she has in- 
 trusted me with the defence of her interests, it is only fit and proper that I 
 should address a few words to you on her part. I heartily rejoice that, at the end 
 of more than a calendar month, during nearly every day of which obloquy and 
 invective, insult and reproach has been heaped upon Mrs. Windham with vigorous 
 assiduity by Mr. Chambers, the voice of her counsel should be heard. Miserably- 
 feeble as I know that voice to be, utterly nnable as I am to grapple as I could 
 wish with the mountain of prejudice which has been suffered to accumulate over 
 this part of the case, it is yet sonic consolation to me to be able at last in open court 
 to hurl back with indignation many portions at least of the filthy imputations which 
 have been cast upon my client, and to appeal to the honour and manliness of the 
 gentlemen whom I address to do justice, even in spite of prejudice, to a woman who 
 has been cruelly treated and wickedly aspersed. I do not forget that Mrs. Windham 
 and her character have in themselves and for themselves nothing at all to do with 
 this case ; but, at the same time, I cannot be blind to the fact that Mrs. Windham, her 
 character, her marriage, her settlement, her whole life up to the present moment, 
 have been the chief weapons of attack upon her husband's sanity. The main, 
 charge against Mr. Windham is his marriage with Agnes Willoughby. I do not 
 complain of that nay, more, it is to my mind most just and right that it should 
 be so. Much as I feel the oppression of the prejudice which has ceen 
 created, I can say with the utmost sincerity that I should be sorry if 
 such a marriage could be regarded with favour or approval. For any miserable 
 hypocrite, indeed, who, living in open disregard of the laws of God, chooses to affect 
 a sanctimonious horror of the conduct of Mr. and Mrs. Windham, I have nothing 
 but burning contempt and disdain ; but, so far as a detestation of impurity and vice 
 is shown by men who themselves live pure, moral, conscientious lives, guiding 
 themselves according to the law of responsibility, and endeavouring to walk right 
 with God, I must, with my whole heart and soul, honour and admire it. Although, 
 however, that may be perfectly true, yet there is none the less a tremendous 
 prejudice excited in the case with which it is my duty to deal. It will be recollected 
 that some days ago I expressed my determination to be present at every examina- 
 tion which might take place of Mr. Windham, and that one gentleman of the jury- 
 was pleased to say that he considered that statement an imputation, while another, 
 to whom the remark had not the remotest application, thought it would be more 
 dignified to take no notice of it. I beg now to say that I intended no imputation 
 upon any human being beyond this, that I was afraid the disgusting and filthy 
 stories which had been told against Mr. and Mrs. Windham must have raised very
 
 184 
 
 strong feelings of dislike and almost horror against them both, and that the person? 
 who entertained such feelings might show and express them. Although that 
 would be a thing that no man of fairness and of upright mind could object to, it 
 would still be an act of great injustice to Mr. Windham and to the woman who, 
 after all, is his wife, to whom he is still deeply attached, and from whom no 
 human power, save in the case of adultery, can put him asunder. So far, tlien, 
 as, thus explained, my observation was an imputation upon any human being, I am 
 afraid it must rest as I made it ; but I cannot imagine that gentlemen of intel- 
 ligence, such as those whom I address, will blame me because, in the discharge 
 of a difficult and disagreeable task, I felt it my duty to speak the truth. 
 It is hardly necessary that I should say to persons of common human feel- 
 ing that Mr. and Mrs. Windham, whatever faults they may have com- 
 mitted, stand now in a situation, if not to bespeak pity, at least to command 
 forbearance. Everything prized by Mrs. Windham is at stake. Her marriage, 
 her settlement, her position, her prospects in life, the welfare of those two 
 sisters of whom we have heard so much, and upon whom even Mr. Chambers, 
 though prolific in imputation, has not ventured to cast a slur all hang upon the 
 verdict which the jury may give. Not directly, it is true, because their 
 verdict, even if unfavourable to Mr. Windham, cannot set aside the mai-riage 
 and disannul the settlement, but certainly indirectly; because everybody must 
 feel that a verdict of twenty two gentlemen, after so lengthened an investigation, 
 must, in any court in which the matter came hereafter to be litigated, have a 
 strong and, indeed, overwhelming weight in the decision at which that court 
 might arrive. More than that, no man can have watched this inquiry from the 
 beginning without seeing that the object of the petitioners those affectionate 
 uncles and aunts of Mr. Windham is to get rid of the marriage with Agnes WiJ- 
 loughby. If there had been no marriage if General Windham had been successful 
 in obtaining a re-settlement of the Fellbrigg estate on the Sth and 9th of August last 
 can any man of common sense doubt for one moment that we should nevei\havt; 
 heard one single syllable of this inquiry? His marriage and his mamage 
 only, or chiefly, has brought the whole of this distress upon Mr. Wiudham. 
 The marriage, from the beginning to the end, has been treated as the 
 crowning act of his insanity, and, in consequence, no imputation has boeu 
 too gross, no sneer has been too bitter, no story has been too filthy for Mr. 
 Chambers to bring forward in the hope of aspersing and crushing Mrs. 
 Windham, and with Mrs. Windham her husband. You will recollect the 
 manner in which the case was opened by Mr. Chambers.. At that time Mr. 
 Chambers believed that Mrs. Windham would not be represented in Court, and ycL 
 he did not feel himself lestrained by any professional rules not to speak of higher 
 considerations from canvassing her whole life and endeavouring to asperse in the 
 strongest language a woman whom he thought could never be heard, and whom 
 he therefore regarded as safe game. It may be admitted that when a body o: 
 persons had got a large estate in prospect and a disagreeable marriage in their 
 family, they are entitled to make an appeal to the law, but I ask the jury whether 
 they have ever heard in the whole course of their lives of such remorseless cruel ty 
 as an endeavour to make out a man to be mad, to take away the property in which 
 he was interested, to separate him from his wife, to deny him the hope of children 
 and all the sweetest pleasures of existence for the sole purpose of getting rid of a 
 distasteful marriage and an abhorred settlement? Look at the position of Mr. 
 Windham with his affectionate uncles. From the cradle to the age of twenty-one 
 years, utterly neglected by all his family, with a set of second-rate 
 tutors about him who did not understand and were incapable of deal- 
 ing with their pupil, allowed to come up to London and to run loose 
 about the streets uncontrolled by those attached relatives who, when he went to the 
 devil, flew at him and attacked him with a charge of insanity. such was the posi- 
 tion of this unhappy gentleman in the bosom of his affectionate family when he 
 married Agnes Willoughby. Looking at it apart from prejudice, and unmindful of 
 any of those stories which have not been proved, and never ought to have been stated 
 was there anything m the marriage so exceedingly improbable, so exceedingly con- 
 trary to the ordinary working of the human heart, that the person who had entered 
 into it must, therefore, be supposed insane ? Here was Mr. Windham, in the first 
 place, not well brought up, with none of the tastes which educated men had, exces- 
 sively fond of out-door pursuits, rough, boisterous, and riotous in his manner, pro-
 
 135 
 
 bably exceedingly ill at ease with elegant and rcfmed ladies of his own rank of life, 
 probably not exceedingly fond of the society of ladies of the Hervey elevation, and 
 not l all rioh in presenti, and, therefore, not able to make such an immediate 
 -ftilciii.Mit ;<s would induce persons of the Bristol rank to give him their daughters; 
 in r ; at the same time, a young man of an affectionate disposition, with strong 
 passions, very desirous of marrying, and anxious to retire to the country with his wife, 
 -.hen-; to enjoy himself in the way most to his liking. Who, on the other hand, was 
 ilrs. Wind'iam? She was not yet twenty-two years of age; she was a very pretty 
 . nd attractive person ; she had ladylike manners; she was a celebrity in certain 
 i rules in London. Mr. Windham was neither the first nor the last, neither the 
 youngest iior the oldest, neither the wisest nor the most foolish person who had 
 oeen fascinated by Agnes Willoughby. If all the gossip I have heard is true, my 
 lit nt is a \voman whom to captivate and make his wife might naturally enough bo 
 nil object of ambition to a person brought up like Mr. Windham. Men cannot be 
 spec-ted to become all at once old, wise, and discreet. Perhaps even in the lives of 
 :he jury themselves there was a time when they were capable of doing foolish 
 things of giving a great deal for a smile from a young, fascinating, and beloved 
 woman . Where in the world would be all our poetry, half our novels, the function 
 it' some of the most celebrated writers of the present day, including even the 
 .'earned Master himself, if there was to be an end to the passion of man for woman, 
 Mid to the desire of the one sex to connect itself with the other ? It is true* that 
 :he philosopher, when he saw the shade of Helen in the nether world, wondered 
 :<iat tor such a face a thousand ships came from Greece, and ten thousand men 
 were slain on the plains of Troy, but he was a cynic, and still the fact remains 
 -hat for the pleasure of making a beautiful woman his wife many 
 a man would cheerfully sacrifice all his possessions, and brave the censures of his 
 :iiid. Almost everybody is acquainted with persons who, in the matter of 
 marriage, liave not clone that which, upon reflection, either they or their friends 
 would justify -. and, indeed, if every man who married a pretty woman when he had 
 !.:ii',-h lietter not do it was to be put in a lunatic asylum, we must have a special 
 wing added to Bedlam for such cases. But it is said that Mrs. Windham was 
 ;.ot merely a beautiful woman; she was a shameless prostitute, a person common 
 :) the whole town. That is just one of the things of which I bitterly com- 
 i/lain of on the part of Mr. Chambers. Lord Chesterfield, when told by a famous 
 but iVail bemity of his time Miss Chudleigh that the world was so sensorious as 
 . say that she had had twins, made a profound bow and said he never believed more 
 than, half the world said. If the jury were to apply that wholesome rule to the 
 .; if niiig statement of Mr. Chambers, they would not be doing Mrs. Windham more 
 :ij;m justice. That my client was a common prostitute, a person upon the streets, 
 * woman whom it was contrary to the ordinary usages of society to become 
 -. -i|uainted with and wish to many, I utterly deny, and at least there is not a 
 tittle of evidence that she was. "it is alleged, however, that the marriage was 
 ),,,c one of mutual affection, and that Mrs. Windham stipulated in a mer- 
 -antile and mercenary manner for the purchase of the person which she 
 was to bestow upon Mr. Windham; such might be on the part of Mrs. 
 'Vimlham an act of low morality, though that is doubtful ; but what 
 -oimec-turn existed between the state of Mr. Windham's mind and his willingness 
 to give a handsome settlement to the woman whom he wished to possess for life ? 
 The truth is, however, that Miss Willoughby made a considerable sacrifice in 
 mai-ryiiii? Mr. Windham; her affection for Mr. Windham was not strong; she had 
 .11 allowance of something like 2,000 a year, and she occupied a high position in 
 her own circle. She accepted Mr. Windham, not for the settlement he made upon 
 her, but to obtain an accredited position in society, and to secure the interests of 
 her sisters. It is ridiculous hypocrisy to talk of the marriage aa the petitioners 
 have instructed their counsel to speak of it. Half the marriages of our aristocracy 
 are made from no better motives. A beautiful girl gives herself to an old earl or 
 an old marquis for the sake of position; and why, I ask, is that, which is 
 honourable, pure, and right in Lady Mary or Lady Susan to be characterised as 
 ;.boni inable, mercenary baseness in Agnes Willoaghby ? What was the conduct of the 
 petitioners when they heard that the marriage was croing to take place ? Not a single 
 \VJndhain or Hervey among them ever told Miss Willoughby who, above all other 
 persons, was entitled to a warning on the subject that Mr. Windham was utterly 
 unlit t> contract marriage by reason of unsoundnesa of mind. la it the doctrine of
 
 186 
 
 the aristocracy that because a woman is not what she onght to be they are to be 
 emancipated from the ordinary rules of honour, fairness, and justice towards her ? 
 If the petitioners had told her, as they should have done, that their youthful rela- 
 tive was insane, Miss Willoughby would not have been such a born fool as to give 
 up a good position for the shadow of a shade. The learned counsel proceeded to 
 argue that the behaviour of Mr. and Mrs. Windham after the marriage was perfectly 
 proper. Not a single act of treachery, he said, not a single breach of hospitality or 
 of professional confidence has been spared for the purpose of getting up evidence 
 against Mr. Windham and his wife. Mr. Cole, the solicitor in Essex-street, has 
 contributed information obtained in his own office when acting for Mr. Windham ; 
 a spy was sent down to Fellbrigg-hall on Christmas eve to watch Mr. Wmdham and 
 see how he behaved ; and even General Wiiidham^himself, the affectionate uncle, the 
 self sacrificing tenant-in-tail, the self-denying reversioner, has not scrupled to call 
 at Fellbrigg-hall to negotiate with his nephew the sale of a property worth 1,000. 
 Oh, good, kind, considerate, generous General Windham, the gallant officer, high- 
 minded gentleman, tender guardian, affectionate uncle! See him at Fellbrigg, 
 introduced to its charming mistress, sitting in a very cosy armchair at a warm 
 October fire, sipping his wine and munching his biscuit, but all the 
 while keeping both his eyes wide open for evidence against his nephew 
 or hjs niece ! The learned gentleman, after contending that the evidence did not 
 sustain any of the numerous imputations against his client, referred to certain 
 newspapers which, he said, had informed the public that the Windham property 
 would be saved and the Windham marriage set aside. I hope, he continued, lhat 
 statement is utterly without foundation. I believe, indeed, that it is utt< rly 
 untrue, and that those who wrote it to<jally mistook the character of an English 
 judge, and the temper and honour of an English jury. No English judge, no 
 English gentleman, for all the great estates of all the great families in Norfolk, 
 would do such a black and base act of infamy as to find a man mad in order to set 
 aside a marriage which was disapproved, and to get rid of a settlement which was 
 disliked. On the other hand, if it is thought discreet to read men lessons, I think 
 the enormous cost of this inquiry is lesson enough for the sins which Mr. and Mrs. 
 Windham have committed. To use the words of the late Lord Erskine, " morals 
 come cold in the abstract from the pulpit, but men smart under them when we 
 lawyers are the preachers." It is neither my duty nor my inclination to say a 
 single word in favour of profligacy or of vice. " Stolen waters are sweet, 
 and bread eaten in secret is pleasant. But he knoweth not that the dead are 
 there, and that her guests are in the depths of hell. 1 ' Far be it from me to cast a 
 shadow of doubt upon the truth of those sublime and tremendous words, but nothing 
 can be more absurd, and even cruel, than to take a sanctimonious view of Mr. and 
 Mrs. Windham's h'fe, to confound sin and vice with insanity, and to accept immorality 
 and irreligion as proofs of legal incapacity. If religion is to be invoked by the other 
 side, I have no hesitation in saying that I would far rather be the Magdalene who 
 washed her Divine Master's feet with her tears and wiped them with the hairs of 
 her head, than the self-complacent Pharisee who condemned the woman because 
 she was a sinner, and who tried to plume himself before Almighty God upon the 
 outward regularity of his decorous life. Under any other circumstances I would 
 ask your verdict for Mr. Windham with the utmost confidence and with absolute 
 certainty of success ; and even in this case, in spite of the mountain of prejudice 
 which had been excited, I appeal to you, with all the earnestness and energy which 
 lean command, and in the name of law, honour and justice, to acquit Mr. Windham 
 and his wife of the filthy and infamous charges which have been so cruelly, so 
 ruthlessly, and so basely pressed against them. 
 
 Mr. Chambers was then heard for the petitioners. It will be my anxious study, 
 he said, to address you with calmness and equanimity, with distinctness and concise- 
 ness. I have been sorely tempted and tried, but I have read the Book which has 
 just been quoted by Mr. Coleridge, and I hope, after a life of struggles uncheered 
 by any of that assistance which has sometimes been accorded to others, to retire 
 from my profession without a blot upon my escutcheon. Who dares to say that I 
 have not had imposed upon me a difficult, a trying, a fatiguing duty ? Who dares 
 to say that in the performance of that duty I have done anything derogatory to the 
 character which every honourable barrister onght to strive to earn for his profession 
 in the public mind ? I have listened with attention and admiration to the speeches 
 of my learned frienda on the other Bide, and I venture to. say that they are full of
 
 187 
 
 topics calculated to mislead the jnry, to raise irrelevant issues. It is now 
 my part to clear away the obscurity which ignorance or intentional misre- 
 presentation has thrown around a very simple case. Both in the newspapers and 
 in the ranks of my own profession a lamentable want of knowledge has been exhi- 
 bited. The proposition which I am bound to establish in order to entitle me to a 
 verdict is, not that Mr. Windham is a madman or an idiot, but that he comes 
 within the category of persons who are not of such sound mind as to be abla to 
 manage themselves and their affairs. Such was the doctrine laid down in the 
 Portsmouth and other cases, and that doctrine is upheld and advocated by all 
 our best and highest medical and scientific authorities. Another popular mistake 
 was expressed by Sir Hugh Cairns when he spoke in such eloquent terms of the 
 horrible condition to which his relatives proposed to reduce Mr. Windham. Every- 
 body knows, or ought to know, that we have done with the dark cells, the shackles, 
 the straw, and the strait-waistcoat, and have adopted a system in our lunatic asylums 
 which is not only beautiful in theory but admirable in practice. Yet a great 
 equity lawyer, backed by two distinguished common law barristers, has endeavoured 
 to persuade the jury that Mr. Windham is to be immured in a madhouse of the 
 old type, shut out from the world and from his friends, instead of being entrusted, 
 as recommended even by Dr. Conolly, to the care of some good, kind, virtuous 
 friend, who would watch over him, advise him, and gradually prepare him for being 
 able at some time or other to manage himself and his affairs. The object of my 
 learned friend is plain and obvious. It is sufficiently betrayed by tbe wild and 
 unjustifiable attacks which, in language rarely heard in our courts of justice, and 
 somewhat going beyond the wide limits of even forensic license, they have mado 
 upon the whole body of petitioners. As an advocate, I ought to rejoice at 
 those attacks, for it is a rule of oratory which Mr. Coleridge, no doubt, has 
 studied in classical authorities, that when yon are troubled with a lack of 
 argument upon the real point at issue, you should abuse in the most unsparing and 
 virulent language everybody opposed to you. Without the slightest justification 
 all the petitioners had been attacked in succession by Sir Hugh Cairns, Mr. 
 Karslake, and Mr. Coleridge, and, to take the measure of time, three or four hours 
 have been employed in vilifying General Windham and his friends. I have no hesita- 
 tion in taking upon myself the whole responsibility of not putting unnecessary 
 witnesses into the box, and of telling General^VVindham. that, as he knew little or 
 nothing of the main points at issue, it would be worse than useless to ask him to 
 give evidence. But the] jury themselves, when they reflect upon the lon<i 
 catalogue of questions which Sir Hugh Cairns submitted to their attention as 
 questions which he should have liked to put to General Windham, cannot fail to 
 see that the only and sole object was to worry and torment an active and 
 influential petitioner. Even, however, if General Windham had submitted 
 himself to the tender mercies of Sir Hugh Cairns and his colleagues tho 
 maledictions and objurations heaped upon him could not well have been 
 stronger or more outrageous than they have been already. In their ungovern- 
 able wrath against the petitioners, ladies as well as gentlemen, my learned 
 friends have used terms which are not unworthy of a place very near the Thames, 
 and not far from the Tower. They have even attacked myself, " but let the galled 
 jade wince, my withers are unwrung," and will the gallant general say the same 
 thing. I have patiently bided my time, and now I venture to say that, without 
 cause or necessity, the grossest imputations have been introduced into the case for 
 the purpose of doing that which my learned friends affect so much to deplore 
 viz., creating a false and unjust prejudice, and leading the attention of the jury 
 away from the real question before them. If I had called all the petitioners into 
 the witness-box, Sir Hugh Cairns would have said that, as interested parties, 
 speaking for their own benefit, their evidence was not entitled to the smallest 
 weight ; and therefore I resolved, as a duty which I owed to Mr. Windham, to the 
 jury, and to the public, not to produce unnecessary witnesses who could say 
 nothing to the purpose. What has been the result of my forbearance, and what 
 were the epithets which a barrister has thought fit to bestow upon a hero ? If I 
 had only heard the expression of Sir Hugh Cairns when he declared that General 
 Windham was skulking in the seat beside his counsel, I should have contented 
 myself with saying, " a word hastily spoken, buo as quickly, as heartily, and as 
 bitterly repented." But when, during the speech of Mr. Karslake, I heard the 
 words " slink," " moral coward," "carpet knight," and other epithets culled from a
 
 188 
 
 vocabulary which, in my early days, was unknown among gentlemen, then, indeed, 
 I think that malignity stalks abroad, and that it is time to rouse my self and declare 
 liow shameful, or how shameless, such language is in a court of justice. Slink, 
 skulk, moral coward ! Was Mr. Karslake, when he presumed to talk thus of General 
 Windham, entirely ignorant of the annals of his country ? The cheers of his 
 brother soldiers, his election by the gentlemen and yeomen of his own county, the 
 honours bestowed upon him by the State for conspicuous public services testify 
 to the character and ability of General Windham. Skulk, coward, carpet knight ! 
 General Windham has won his fame upon the battle-field. He lias sought 
 
 " the bubble reputation 
 
 Even in the cannon's mouth," 
 and gathered his laurels 
 
 " i" the imminent deadly breach." 
 
 General Windham is not a fit subject for the abuse of lawyers. His country has 
 acknowledged his services. He never skulked in the hour of peril. Sufferings 
 and hardships almost unexampled he has endured, like his brave comrades, 
 with manly fortitude. When we were sleeping in our beds in comfort and happiness 
 he was at the post of danger, and it was there he won his glory. Such epithets 
 as Mr. Karslake has bestowed him he could shake from him like " dewdrops from 
 the lion's mane." A gnat may sting a lion, or a gadfly a horse, but it is only a 
 gnat or a gadfly after all, while the horse or the lion remains the same as before. It is 
 deeply to be regretted that Genei'al Windham should have been so rudely and 
 coarsely assailed, and I may be permitted to express the hope that in a public 
 court of justice in future an horioiirable officer will be protected from attacks made 
 for the purpose of withdrawing attention from the real merits of a most important 
 and most difficult case. The learned gentleman then proceeded to analyse 
 the evidence for the defence, with the view of showing that, even according 
 to his own witnesses, Mr. Windhara was no more capable of protecting 
 himself from cheats and sharpers than a child of twelve years of age. He ridiculed 
 the theory advanced on the other side, that all the absurd, extravagant, and irrational 
 acts committed by Mr. Windham were to be ascribed to a neglected and defective 
 education and not to unsoundness of mind. No young gentleman ever had more 
 care and anxiety bestowed upon him ; no young gentleman of his rank ever had 
 more money laid out upon him. Everything had been done to train and educate 
 him, but trial after trial had failed, and his mind remained a barren soil, incapabla 
 of cultivation. Time had made no impression upon him, and he was now what he 
 had always been a noisy person, dirty in his habits, rude in his manner, incoherent, 
 inconsequential and irrational in his conversation, incompetent to manage affairs 
 or to prevent himself from being victimised by designing scoundrels of both sexes. 
 The learned gentleman had not concluded his speech when the Court adjourned. 
 
 THIRTY-FIRST DAY. MONDAY, JANUARY 27. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Sessions- house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special Jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for tho 
 petitioners ; Mr. Charles Enssell for Lady Sophia Elizabeth Giubilei, the mother 
 of the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Mr. Chambers : I resume my reply for the petitioners by saying that with 
 respect to one portion of the testimony, at least, there was no absolute contradiction 
 or inconsistency. I refer to the evidence of what may be called the experts in 
 medical science. Although there is an adage that doctors often disagree, yet, in 
 point of substance, the medical men who have come forward for the purpose of 
 showing that Mr. Windham is not in a state of mind to take care of himself and his 
 affairs are not contradicted by those who have been examined on the part of the 
 alleged lunatic. The doctors who have appeared for Mr. Windham are partisans of 
 the strange theory, that all the weakness, all the imbecility, all the extraordinary 
 conduct of the alleged lunatic, is to be ascribed to a defective or neglected educa- 
 tion ; and my learned friends on the other side, in their eloquent and impassioned 
 appeals to the jury, adopting a suggestion probably derived from medical consult- 
 ations, have dwelt upon the fact that Mr. Windham is not an imbecile, is not au
 
 189 
 
 idiot, and is not insane. There cannot be a greater fallacy than the one involved 
 in this argument. The doctrine laid down by Lord Eldon and Sir John Nicholl is 
 clear and explicit, and acting upon this doctrine the jury must inevitably come to 
 the conclusion that Mr. Windham is of such unsound mind as renders him incapable 
 to take care of himself and his property, and that it is their duty to protect him 
 from being victimized or destroyed by those persons who are always ready to prey 
 upon weakness and imbecility, especially when accompanied by wealth. But Dr. Tuke 
 and his professional friends do not recognise any intermediate state between absolute 
 idiocy and lunacy, and their statements upon that point, though opposed in loto 
 to the law of England as declared by Lord Eldon and Sir John Nicholls, have 
 formed the basis of the argument advanced on behalf of Mr. Windham. In 
 reality, however, some of the doctors have placed Mr. Windham in the category the 
 existence of which they deny, and upon their evidence alone the jury could have 
 no hesitation in saying that the alleged lunatic is clearly in that intermediate 
 condition between absolute idiocy and positive madness or lunacy, accompanied 
 with delusions, which entitle him to the protection of the law. Dr. Tuke, though 
 acting throughout rather in the spirit of an attorney than in that of a disinterested 
 scientific witness, has admitted that if Mr. Windham had settled the whole of his . 
 property upon his wife he would have regarded him as imbecile. Why, Mr. 
 Windham has given away more than the whole of his property, and therefore, 
 according to his own scientific witness, he is incompetent to manage himself and 
 his affairs. Xor is it possihle for any one to read the placard addressed to ".the 
 people of Great Britain" without coming to the same conclusion. That outrageous 
 document, calling upon the people to meet in Hyde Park, and even appealing to 
 the Queen to exercise her prerogative on behalf of Mr. Windham, shows con- 
 clusively that the alleged lunatic was completely under the control and dominion 
 of Roberts in Piccadilly, and was consequently in a state requiring protection. Dr. 
 Edward Seymour might be called the general consoler. The most extraordinary 
 acts were no proofs of insanity to him, and he seemed to be of opinion that all the 
 lunatic asylums of England might be swept away to-morrow with great advantage 
 to the community. Sir Hugh Cairns, without any reason or foundation for his 
 statement, has called Dr. Mayo the champion and strmdard-bearer of the theory of 
 moral insanity. It is to be hoped that Dr. Seymour does not intend to put him- 
 self forward as the champion and standard-bearer of the theory of universal sanity. 
 But even Dr. Seymour has admitted that Mr. Windham, to use his own expres- 
 sion, was young for his years; in other words, is in that state of childishness 
 which renders him incompetent to manage himself and his affairs. The leading 
 error committed by Dr. Sutherland is, that he ignores and does not recognise the 
 middle region between idiocy and lunac/ in which Mr. Windham is placed, and 
 hence his evidence cannot be regarded as of the least importance in the present 
 case. Dr. Couolly is too good-natured. He is one of the kindest men living, and 
 it is not surprising to hoar that he would hesitate before putting Mr. Wiudharn 
 into a lunatic asylum. But even Dr. Conolly has admitted that nothing can save 
 Mr. Windham except being placed under the charge of some good, kind, virtuous 
 friend. Why, that is all the petitioners want, and Dr. Conolly might be taken as 
 their witness. I next examine the medical evidence given in support of the peti- 
 tion, and remark that Drs. Winslow and Mayo have not been treated with common 
 fairness. Dr. Winslow, in a large portion of his evidence, merely forestalled state- 
 ments which were subsequently made by the medical witnesses for Mr. Windbam. 
 One of the most important facts elicited by Dr. Winslow was that Mr. Windham 
 knew that the night before her marriage his wife, the immaculate Miss Willoughby, 
 slept in the same house with a former paramour. Such was his inexpressible idiocy 
 that he led his bride to the altar hot from a bed of Icwdness and vice. His con- 
 tinued intimacy with Roberts, after that person had told him that he had slept 
 with his wife before her marriage, was another proof of his utter want of decency 
 and honour. When a man marries a woman of equivocal character he makes up 
 his mind to it, but he never dreams, unless he is imbecile, of taking her to the 
 house of a person who has slept with her before marriage. Dr. Winslow, 
 therefore, is perfectly justified in saying that no man would have acted as 
 Mr. Windham has done unless he were drunk, drugged, or insane. The medical 
 evidence, in short, is complete and conclusive. It does not prove that Mr. 
 Windham is an idiot or a lunatic, but it establishes beyond a shadow of doubt that 
 he is in a state and condition of mind which entitles him and his property to
 
 190 
 
 the protection of the Sovereign. The learned counsel next referred to the evidence 
 of Mr. Hancock, the surgeon, who had deposed that by reason of the peculiar 
 formation of his mouth, Mr. Windham could not speak or laugh like other people, 
 while the process of deglutition must be accompanied by an unusual sound, and 
 unless extraordinary power was used in controlling it, there must be a constant 
 slavering at the mouth. What happened after Mr. Hancock left the box ? 
 Witness after witness came forward and said that they had never observed anything 
 peculiar or strange in Mr. Windham's laugh, in the sound of his voice when 
 speaking, or in his manner of eating. They proved too much, for according to 
 them certain things never existed which Mr. Hancock, an experienced anatomist, 
 had previously said must be. No doubt, he continued, Mr. Hancock has accurately 
 described the structure of Mr. Windham's mouth ; but that structure, if it proves 
 anything, shows that Mr. Windham belongs to the imbecile class. The general 
 evidence for Mr. Windham corroborates in all essential respects that for the 
 petitioners. It convincingly proves that Mr. Windham in point of mental capacity is 
 now, and always has been much below the average ; that he is dirty in his habits, 
 untruthful, rude, and boisterous in his manners ; that his conversation is irrational, 
 incoherent and inconsequential. I ask the jury to pay no attention to the testimony 
 of the servants and dependants from Fellbrigg-hall, and direct your attention to the 
 fact that Mr. and Mrs. Martin whatever they may have said in court, have, from 
 first to last treated Mr. Windham just like a child. The evidence of the tradesmen 
 from Norwich, being that of interested persons, should be received with suspicion, 
 but such as it is, it tends to produce the conviction that the allegations of the peti- 
 tioners are true. It will be recollected that during the cross-examination of Mr. 
 Hewlett, the ironmonger of Norwich, a most important disclosure has been made, 
 viz., that Mr. Windham has frequently visited the Haymarket since the commence- 
 ment of these proceedings, thus showing that he is utterly unconscious of the pinch 
 of the case and of the lamentable position in which he is placed. For that piece of 
 information I am indebted, not to a spy, but to one of those remarkable and useful 
 accidents which occur in a court of justice for the establishment of truth and the 
 destruction of falsehood. It has been proved by Mr. Horrocks that when residing in 
 Sandgate Mr.' Windham visited the camp at Shorncliffe, but the officers complained of 
 his conduct and requested that he might be kept away. A Mr. Drew, who at one time 
 kept an inn at Sandgate, but who is now the landlord of an hotel in the Strand, has 
 been produced to say that Mr. Windham associated with the officers at Shorncliffe ; 
 but not one of these officers have made their appearance. Here then is a class of 
 witnesses "conspicuous by their absence." He also remarked on the absence of 
 Lady Sophia Giubilei and of Mr. Chappel her solicitor, and stated that it indicated 
 prettv clearly what their real opinion of the mental condition of the alleged lunatic 
 was. Sir Edmund Lacon, and the other officers in the East Norfolk Militia have per- 
 haps satisfied the jury that he was guilty of no misconduct at mess in Yarmouth, 
 but none of them have declared that he was ever intimate with Mr. Wiudham ; 
 while the acknowledgment made by Adjutant Holmes, that he might have said he 
 was " an awful liar," conclusively shows that he was not a fit associate for officers. 
 I ridicule the evidence of Lord Claude Hamilton, Sir Henry Robinson, Captain 
 Ivee, and others, and I contend that it has nothing to do with the present case, and 
 is consequently not entitled to the smallest weight. Sir William Foster has said in 
 effect, " I come here to prove Mr. Windham sane and competent, but I am bound to 
 admit that he is below par and requires assistance," v.'hich is precisely what the 
 petitioners allege. I now turn to the general evidence which has been adduced on 
 the part of the petitioners, and I argue that it is credible, consistent, and conclusive. 
 It shows that in spite of all the attempts to cultivate his mind and improve his 
 manners Mr. Windham cannot be advanced beyond that state of childishness which 
 renders him an easy prey to cheats and swindlers. The witnesses for the petition 
 have been subjected to every species of vituperation, but their evidence remains 
 unshaken, and I cannot help thinking that the case which requires to be sup- 
 ported by such language as that used by Sir Hugh Cairns, Mr. Coleridge, and Mr. 
 Karslake, must be a desperate and hopeless one. Mr. Karslake has talked of the 
 clan Bristol, and Sir Hush Cairns has represented the petitioners as at once cruel 
 and deceitful. The truth is that they have been compelled by considerations of 
 common humanity to interpose between Mr. Windham and destruction, and the 
 time will yet come when all will acknowledge that it is a base slander to 
 Bay that they are influenced by deceitful, cruel, or interested motives in

 
 III G. ARMITAGE, FCKKMAX OF HiE JUT1Y.
 
 193 
 
 the steps they have taken to save their youthful relative. I am 
 that Mr. Coleridge, for the purpose of attacking persons of position ana 
 should have enunciated doctrines more extraordinary than any that ever . , 
 the lips of a profligate desirous of confounding vice with virtue ami 
 wickedness appear to be innocence and goodness, and should have exposed t 
 affrighted gaze of tne public a circle which is generally banished from the recolk 
 tion of those who move in decent society, or which, when it is remembered afc sill, 
 is thought of with lamentation and distress. Mr. Coleridge, in fact, has spoken ol' "" 
 the aristocracy as if they were the most despicable race in England ; and as if the 
 pyramid of society rested upon its apex instead of its base. I myself have been 
 attacked in unsparing and virulent language. A great equicy lawyer has aceused 
 me of conducting this inquiry as if it were a case of petty larceny ; but I can bear ' 
 such twits as these, because I stand here as an independent man, owing nothing to 
 favour, and because, although I have been engaged in petty larceny cases, in nius 
 prms cases, and in running-down cases, I have never been driven in pure despera- 
 tion to make an unwarrantable attack upon those opposed to me. 
 
 The learned gentleman had not concluded when the inquiry was adjourned. 
 
 THIRTY-SECOND DAY. TUESDAY, JANUARY 28. 
 
 The adjourned inquiry into the state of mind'of Mr. W. F. Windham, of Fellbrigg 
 hall, Norfolk, was resumed to-day in the Westminster {Sessions- house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special Jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles Eussell for Lady Sophia Elizabeth Giubilei, the mother 
 of the alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake.Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 Since the speeches began the proceedings have been unusually dull, but the 
 thirty-second day of the inquiry was marked by an incident which, in the absence 
 of more interesting matter, may ba worthy of note. Mr. Chambers had not pro- 
 ceeded far when he suddenly stopped and complained that Dr. Gwin, one of the 
 witnesses for Mr. Windham, was staring him in the face and grinning from ear to 
 ear. Such conduct, he said, was neither fair nor polite, and he requested that Dr. 
 Gwin, who was sitting opposite to him, should be asked to remove to another part 
 of the court. The Master complied with the request of the learned counsel, which 
 was backed by the foreman of the jury, and Dr. Gwin, who was now grave enou<rh, 
 whatever he might have been before, changed his seat. Unfortunately, however, 
 in the hurry of the moment, he placed himself immediately below Mr. Chambers, 
 who again asked him to go somewhere else. The Master interposed a second time, 
 and eventually Dr. Gwin found a resting place in a dark corner out of sight, where 
 he remained for the rest of the day. 
 
 Mr. Chambers, resuming his speech for the petitioners, commenced by directing the 
 attention of the jury to the general evidence against Mr. Windham, reserving for after 
 consideration the residence in Duke-street, the marriage with Miss Willoughby, and 
 the timber contract. He said : I vindicate the character and professional attainments 
 of Drs. Nichol and Dalrymple, of Norwich, which have been unjustly and virulently at- 
 tacked, and I maintain that the testimony of those gentlemen proves Mr. Windham to 
 be a congenital imbecile, able to protect himself from physical injury, but utterly in- 
 competent to the management of affairs. What gives peculiar force and value to 
 their evidence is that they have known the Windham family for many years, and <g 
 have enjoyed opportunities of observing the alleged lunatic from his birth upwards. 
 One of them, indeed Dr. Nichol had examined him at the request of his father in 
 early childhood, and had even then formed and expressed the opinion that, if not 
 an absolute idiot, he was a person of unsound mind and would never be capable of' 
 managing- himself or his affairs. Evidence to the same effect has been given by Dr 
 Jobnstone of Norwich, Dr. Buck, of Cromer, and Dr. Illingworth of London, all 
 gentlemen of considerable experience and eminence in their profession, and witnesses 
 whose candour and truthfulness cannot for a moment be questioned. To assail 
 Buch men with scorn and ridicule may be very clever, but it is an unmistakeable 
 symptom of a desperate and hopeless case, and can have no effect upon the jury. 
 An attempt has likewise been made to cast discredit upon the tutors who have given 
 evidence in support of the petition. Surely, however, it will not be pretended for 
 an instant thatr gentlemen of position and attainments, all of them clergymen of the 
 Church, have deliberately come forward and perjured themselves for the purpose of 
 
 y
 
 194 
 
 i former pupil. Mr. Cheales has minutely and graphically described the 
 ^nd habits of Mr. Windham at Eton his rude and boisterous behaviour, 
 ness, his blubbering, his slavering at the mouth, his fondness for low com- 
 ad low pursuits aad that conduct and those habits were consistent only with 
 jpellation of " mad Windham," which his acute schoolfellows bestowed upon the 
 ged lunatic. I argue that if Mr. Windham was in the fifth form at all, 
 which has not been clearly proved, he got there by favour and not by 
 examination, and I cite the evidence of Mr. Hale, the mathematical master, to show 
 that he was unable to do the school work, was a boy of weak intellect, and was 
 kept so long at Eton out of mere charity and pity. After leaving Eton Mr. Windham 
 resided with his mother in Torquay. He was then about seventeen years of age, 
 and yet, according to the testimony of Mr. Goodwin, his tutor, he was so much of a 
 child that he tried to ride his mother like a horse, turned a rough dog loose among 
 the ladies at an evening party, and ate his meals in a voracious and offensive 
 manner. Next came Colonel Bathurst, formerly an officer in the Guards, a gentle- 
 man against whom not a single word could be said by the most unscrupulous 
 advocate. The jury would recollect the kind, modest, and gentlemanly tone in 
 which Colonel Bathurst gave his evidence, but that evidence, careful and measured 
 as it was, indicated such a want of- mental power on. the part of Mr. Windham as 
 rendered him incapable of taking care of his property. Colonel Bathurst spoke to 
 sudden, violent, and unprovoked fits of passion ; to behaviour in the presence of 
 ladies showing something more than a mere want of the manners of society ; to at 
 least one act of cruelty to animals ; to an utter ignorance of the value or the use of 
 'money; and to habits and instincts inconsistent with mental soundness. An 
 inhuman attack has been made upon Mrs. Wilkinson, and almost at the last moment 
 Mr. Karslake has been instructed, contrary to good feeling and to right 
 taste, to insinuate that she endeavoured at Spa to catch Mr. Windham 
 for her daughter Clara. There is not the slightest foundation for that unfair and 
 TiDgallant insinuation, nor can it be said with any degree of truth or reason that 
 Mrs. Wilkinson, a lady of education and elegant manners, has either intentionally 
 or inadvertently made one inaccurate statement. She has made Mr. Windham out 
 to be a mere baby, and her testimony has not been shaken in cross-examination 
 Cornet Whiteside, who travelled with Mr. Windham in Switzerland for more than 
 a fortnight, and whose testimony cannot be doubted, has described him as indecent, 
 rude, and unmannerly in his conduct, and has expressed his opinion, founded upon 
 personal observation, that he was an idiot and an imbecile. Do the jury believe 
 'Cornet Whiteside, or do they not? He is an officer and a gentleman; he must 
 understand the point of honour, and nobody has ventured to contradict his state- 
 ments. Mr. Horrocks. who was tutor to Mr. Windham after his return from the 
 continent, has been abused and villifled, but his evidence has not been touched in any 
 important particular, and it entirely confirms that of his predecessor, proving that 
 Mr. Windham, when approaching his majority, was in reality a dirty, untruthful, 
 noisy, and somewhat spiteful child. So also with respect to Mr. Peatfield, who 
 succeeded Mr. Horrocks, and remained with Mr. Windham until the time of his 
 marriage, at the end of August last. As Colonel Bathurst has attempted to 
 improve Mr. Windham by foreign travel, so Mr. Peatfield tried to improve him by 
 travel in Scotland and elsewhere, but with equal want of success. He found his 
 pupil incapable of cultivation or improvement. In the streets of Edinburgh the 
 conduct of Mr. Windham was of the most outrageous description, and attracted the 
 attention of crowds. The acts described by Mr. Peatfield could have been com- 
 mitted only by a man overcome with drink or an imbecile. It has been proved 
 that drunkenness was not one of the vices which could be attributed to Mr. 
 Windham, and hence the conclusion is inevitable that when he danced, sung, 
 and howled in the streets of Edinburgh he was suffering, not from too much wine, 
 but from nnsoundness of mind. I deny the statement of Sir Hugh Cairns and 
 Mr. Karslake, that he introduced the Marquis of Bristol and Lord Alfred Hervey 
 with considerable pomp and parade. He has not been guilty of any such snobbish- 
 ness ; but I venture to say that no two witnesses ever gave their evidence with 
 more calmness, with greater propriety, or with a stronger determination not to 
 exaggerate or overstate. The Marquis of Bristol has dealt very tenderly with 
 his nephew, but he ended by saying, " These proceedings have my entire sanction," 
 and his declaration was repeated by Lord Alfred Hervey, one of he guardians o f 
 the alleged lunatic appointed by the Court of Chancery. Lord Alfred has described
 
 m 
 
 a scene in St. Jimes's-sqnare, when, he found his nephew, with his jackt 
 his shirt-sleeves tucked up, assisting the servants to clear away the dinm 
 which everybody must accept as a proof of imbecility. Another fact mentio. 
 Lord Alfred is, that when it was proposed to send Mr. Windham abroad, the i 
 actually believed that General Windham wanted to poison him, in order tlia 
 might get possession of his property. Why, that almost amounted to a delu? 
 and it might be taken as proving that Mr. Windham is something like a Inn:. 
 I will next refer to what took place as Fellbrigg-hall the day before Mr. Windha,. 
 came of age, when Mr. J;ickson, a respectable solicitor, proposed, with tho con- 
 currence of General Windham, a re-settlement of the Fellbrigg property. My 
 learned friends on the other side have twisted that proposal into an attempt on the 
 part of General Windham to benefit himself and his family at the expense of a 
 person whom he believed at the time to be an idiot. Nothing of the kind. In a case 
 of insanity every effort is invariably made, up to the very last moment, by 
 the friends of the alleged lunatic, especially when he is a youth, to keep him in 
 the right path and to protect his property. Such is precisely the course which 
 General Windham has followed with respect to his nephew. The proposal made by 
 Mr. Jackson, with his knowledge and sanction, was intended for the sole purpose 
 of benefitting young Mr. Windham, and its rejection by the alleged lunatic, equally 
 with the reasons he gave for his conduct, only showed he was incompetent to under- 
 stand his own interests. It ia true, then, that General Windham tried to treat 
 his nephew as a rational agent ; perhaps he hoped he was a rational agent ; but it 
 is equally true that he might as well have hammered at the head of a rhinoceros 
 as attempted to make the plainest matter intelligible to his unfortunate and 
 afflicted relative. The only advantage which General Windham could have 
 derived from the proposal, if it had been carried out, was that in the event 
 of his nephew dying without issue he would have been able to continue in 
 the Windham family a mansion-house and an estate which had been in their 
 possession for 400 years. Mr. Windham who, since he came of age, has 
 enjoyed the services of no fewer than seven attorneys, itself a proof of weak- 
 ness of mind baa now disentailed the Fellbrigg property, which might con- 
 sequently at any moment fall into the clutches of the bad persona by whom he is 
 surrounded. I now enter upon the affair of the Lewellins. I contend that the 
 evidence of the Lewellins, husband and wife, is substantially true. It has been con- 
 firmed to a great extent by Mr. Peatfield, the Bev. Mr. Baty, and other witnesses of 
 unimpeachable character. No effort has been spared to destroy it, but it remains 
 unshaken, and I submit it to the consideration of the jury as alike important, con- 
 clusive, and trustworthy. The attempt to disprove it by the testimony of dis- 
 charged servants, and of those two unhappy creatures, Conway and Eliza Dignam, 
 has signally failed, and only shows how desperate and hopeless is the case of my 
 learned friends on the other side. The learned counsel examined the evidence 
 of the railway witnesses at some length. He said : I maintain that nobody 
 except a born idiot would have allowed his wife to travel with such a 
 person as Roberts in a first- class carriage, with the door locked and the 
 blinds drawn down, all the way from London to Norwich. The whole of his 
 conduct on the Eastern counties line his driving the engine, his acting the part of a 
 guard or porter, his working as a common stoker, his blowing a whistle to start the 
 train, thereby endangering the lives of hundreds of passengers was utterly incon- 
 sistent with soundness of mind, and can be attributed only to great mental 
 deficiency. So with the acts and events described by the policemen from th* Hay- 
 market and its neighbourhood. For a considerable period Mr. Windham was in 
 the habit of frequenting the Haymarket, where the police generally saw him in the 
 company of prostitutes, screeching, singing, howling, dancing, and assaulting the 
 people in the street. He was ridiculed by the women more than other young 
 gentlemen, and the police invariably treated him as a person who could not be held 
 responsible for his acts. At Norwich, Yarmouth, and elsewhere, he represented 
 himself to be a detective from London, and seemed to harbour the delusive idea 
 that he actually was in the police force. The learned counsel was proceeding to 
 comment upon the marriage, when 
 The inquiry was again adjourned.
 
 196 
 
 THIRTY -THIRD DAY. WEDNESDAY, JANUARY 29. 
 
 jnrned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 olk, was resumed to-day in the Westminster Sessions-house, before Mr. 
 3.C., one of the Masters in Lunacy, and a special Jury. 
 
 M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 oners ; Mr. Charles Eussell for Lady Sophia Elizabeth Giubilei, the mother of 
 alleged lunatic ; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, for 
 .r. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. WiLdham. 
 Mr. Chambers, in continuing his speech, said he now approached one of the most 
 extraordinary scenes ever exhibited in a court of justice I speak of the marriage 
 of Mr. Windham. If that stood alone, and the matters connected with it, no mau 
 who gave his impartial and cool consideration to the case would hesitate to say that 
 it was the marriage of an imbecile, and not the marriage of a sane man. I will begin 
 almost at tte beginning. How did this marriage arise ? Mr. Karslake, in the 
 Bourse of his speech, has alluded to certain letters which appeared in the news- 
 papers referring to a class of persons called " pretty horsebreakers." That con- 
 troversy amused the public for a considerable time, although I cannot say it has 
 any tendency to benefit public morals. The object of the letters appears to be to 
 satisfy people who lived in decent society that those persons deserved the epithet of 
 pretty horsebreakers, although they were not horsebreakers, and could assuredly 
 not be pretty. Mr. Windham's feeble mind seemed to have been attracted either 
 by what he had read in the newspapers, or by the idle conversation he had heard 
 in the Hayroarket or other places of respectable resort, and he remarked to his good 
 housekeeper and friend, Mrs. Martins, that he would rather marry a pretty horse- 
 breaker than a lady. In that circumstance, gentlemen of the jury, you will 
 see in Mr. Windham a desire to mix with low society rather than with society 
 of his own station. That taste for low and disreputable society which was 
 found in him in his childhood, continued from his youth, when he was fond of asso- 
 ciating with waiters and servants, and of helping them in the discharge of their 
 duties. Such being the facts with regard to Mr. Windham, I will now come to the 
 history of Miss Agnes Willoughby nee Rogers. She in the first instance had described 
 herself as a clergyman's daughter, her father having left her 600 a-year, her two 
 sisters having also been liberally provided for by this beneficed clergyman. By 
 Miss Willoughby this child Windham, whom she called " her boy," was introduced 
 to Mr. Bowen May, upon whose professional conduct connected with this matter I 
 regret to say I cannot pass any compliments, for such a marriage settlement has 
 been drawn up as I believe has never been drawn up in any respectable office. Mr. 
 Windham was lured on to this by the statement of Agnes Willoughby, who stated 
 that by her marriage she should be giving up an annuity of 2,000, which was just 
 as questiouab'e as that she was a clergyman's daughter, and that her father had 
 left 600 a-year. It was no doubt an excellent and delicate device, and 
 none but an idiot could for a moment have believed it. The learned counsel 
 having commented on Mr. Bowen May's further connection with the preliminary 
 transactions, and the consultations which Mr. Windham had with Mr. H. 
 IlliDg\vorth and Mr. Johnston, the surgeons, and with Dr. Whidborne on the 
 marriage morning, on the same subject, at the request of Miss Willoughby herself 
 came to the " desecration of the marriage ceremony on that auspicious marriage 
 morning." The poor dupe, who had been caged up all night, was taken to the 
 drawing-room of a house in Blenheim-terrace, St. John's-wood, where there were 
 three dressed-up clowns (I do not include Mr. Boweu May, who is always the pink 
 of elegance) consisting of Miss Willoughby's brother and two other persons. It is 
 represented that they had good clothes on, bnt they did not look like gentlemen. 
 Probably they had gone to the establishment of Moses and Son, for it is well known 
 that a man may go into that establishment a clown and come out a perfect nobleman, 
 star and garter and all. (Loud laughter.) Then there were the mother of Agnes 
 Willoughby, the widow of the Rev. Mr. Rogers, and Agnes Willoughby's two 
 sisters, who acted as bridesmaids. They went all together to the retired church at 
 the corner of Grove-road, where the solemn ceremony of marriage was degraded 
 and disgraced. None but a madman could have taken part in such a procession. I 
 follow them to Paris where they were to pass the happy honeymoon. I should like 
 to see the man servant who accompanied them to Paris ; where he was whipped up it 
 is impossible to say, for he is one of the Rogers' appointments. There a quarrel arose ; 

 
 197 
 
 the lady not the gentleman wished to go to the Jardin Mabillc, a 
 distinguished for the choicest manners or the purity of its morals. ProbabJ 
 been whispered to Mr. Windham, that it would not be exactly the thing for . 
 married man to take his bride to such a place, particularly as the gentlcir. 
 fond of telling everybody he met that he was the great Mr. Windham, of Fel. 
 hall. At length they left Paris and returned to Fellbrigg. While stopping on 
 way, at Norwich, Mr. Windham was met by Mr. Gwra, the surgeon, in 
 a public-housa yard. Mr. Gwyu, who was a perfect stranger, weutT r.p to 
 Mr. Windham, and asked to give him some shooting. Mr. Windham said, 
 "Oh, yes, come upstairs, and I will introduce you to my wife." After 
 that Mr. Gwyii went to Fellbrigg-hall, and became installed as the medical 
 attendant of this poor simpleton. It was during Mr. Gwyn's stay at Fellbrigg 
 that Mrs. Windham went away. When she returned the family doctor was there, 
 and the poor idiot was persuaded that he had inflicted upon his wife a frightful 
 disorder. For this he was induced to make compensation to her of many thousand 
 pounds. Meanwhile every attempt had been made to sweep away every sixpence 
 that this young man could get at by the sacrifice of any portion of his property. 
 The learned counsel proceeded to examine Mr. Windham's banking account, 
 showing that he had reduced his account to 17, a large sum being drawn 
 in favour of Mrs. Windham and Mr. Roberts, without making the slightest provision 
 for meeting any one of Emmanuel's bills. He said if he had been a free man he 
 would have been unable to meet them, and would have been entirely brggared. 
 He was a poor idiot to accept those bills in favour of people who were plunging 
 him into inevitable ruin. The next point touched upon by Mr. Chambers was the 
 timber contract, relying upon the jury to say that this was the most extraordinary 
 dealing with timber which was growing that was ever engaged in by any timber- 
 brokter since they had known anything of the commercial world a transaction by 
 which a poor idiot had been duped and cheated. In concluding his speech Mr. 
 Chambers said that during these proceedings Mr. Windham had been reconciled to 
 his wife, through the instrumentality of Mr. Gwyn, the family doctor, who 
 introduced himself by asking for two days' shooting. He said I hope that I have 
 convinced you gentlemen of the jury that Mr. Windham is labouring under such a 
 state of mind as renders a man incompetent to manage his affairs. As crimes are 
 now punished, property protected, so does the law protect the imbecile and the 
 insane who are likely to be injured in wealth, health, character, and life. That is 
 the spirit of the English law. Sir Hugh Cairns has referred to a very admirable 
 quotation from Virgil, setting forth the horrible condition of a man who, 
 by the command of an ancient tyrant, was chained to dead corruption. 
 I refer to one who by modern craft and cunning will be fettered to 
 modern corruption unless you gentlemen of the jury will say that at 
 the time he was so lured he was not competent to manage himself. Do you 
 not think the quotation would be more referrible to Mr. Windham if he should be 
 released? If you find him of sound mind the whole of the property of the poo- 
 young Mr. Windham will be seized upon by those ugly birds who will soon fly into 
 the portals of Fellbrigg. Mr. Windham will be turned from the doors, and become 
 an outcast in the world. Where is he to go ? Will he go to the ancient haunts ? 
 Will these ancient haunts receive him ? The portals of the hospitable shop of Mr. 
 Barnes, in the Haymarket, receive him ? No ; they will be closed against his 
 entrance. Within a year, or within a shorter period, he will be deprived of even a 
 sixpence with which to pay for a glass of ale at any of these night houses at which 
 in times past he has spent his money so freely. But what will be his condition 
 even before he comes to that ? Do you think that when he goes to the park, or to 
 those elegant resorts of refined society which Mr. Coleridge had so eloquently 
 described, there will be ladies riding without grooms, and with restive 
 horses, ready to accept his kind offices, and, in consideration of his kind 
 offices, inviting him to call upon them as often as he pleased ? No, no ! It would 
 be " Begone rags and wretchedness." Mr. Windham must be saved. Am 
 I going too far hi saying he shall be saved? But if he is to be saved 
 saved from ruin of health and character, from disease and wretchedness of 
 life, from disgrace, from scorn, from repulsion from repulsion from the doors of 
 his own wife, who will be living in luxury upon her 800 or 1,500 a-year he 
 must be saved through the instrumentality of those relatives who have come 
 forward to do their duty, through evil report and gross abuse ; and I feel confident
 
 198 
 e saved by the. law of the land, and by the verdict whicli the jury pro- 
 
 er having stated his intention to sum up before examining the alleged 
 j court adjourned for a few minutes for refreshment. On re-assembling, 
 . Warren proceeded to sum up. He said, gentlemen of the jury, at last this 
 ms, and, in point of time, unprecedented case has come into the hands of 
 i and the jury, to be dealt with calmly and justly, as became men acting 
 .aer a solemn sense of sworn responsibility. As has been observed, the case 
 involves issues the most momentous of any not involving life and death 
 momentous also to a reflecting and enlightened public, as to the 
 principles upon which it has to be determined. The excitement exist- 
 ing out of doors in this case must be sternly excluded from this 
 court of justice with reference to the question now before us. If what has occurred 
 in this court has excited feelings of irritation and impatience in those who have 
 only read the details of the proceedings, what must have been the case with us 
 who have been compelled by a sense of duty to sit there and listen, often with 
 a shudder of loathing and of deep disgust ? We have listened patiently, but our 
 eyes have been fixed all the while exclusively, unwearingly, on the one great 
 painful and difficult question which the constitution of the country placed in your 
 hands, and in your hands alone. No one is entitled or justified at this stage of the 
 proceedings in pronouncing an opinion upon them, as to their final determination, 
 who has not been here from first to last, and seen what we have seen, and without 
 hearing every witness from first to last, and judging for themselves under the pres- 
 sure of their respective oaths. So much has been said by the learned counsel 
 on both sides as to the character of the proceedings that I shall only give a 
 very brief account of what is the true position of the matters before you, and 
 how they have come before you. From first to last they have been conducted 
 with exemplary regularity and with vigorous adherence to the law of the 
 land. In November an application was made to the Lords Justices for a commission 
 in lunacy. A vast body of contradictory evidence being brought before them by 
 afiidavit, there was no other course for them but to do as they had done, and to 
 send the matter to be determined by a jury. On the face of the order by virtue of 
 which you are here, it appears that there are fifteen petitioners, including the wives 
 of the respective male petitioners. It appears also, that the proceedings were con- 
 curred in by the entire family of Mr. William Frederick Windham, with the exception 
 of his mother, Lady Sophia Giubilei. For a time I and yourselves had been under 
 the impressfon that she concurred in the proceedings ; but by the lips of her counsel 
 she has repudiated any sanction, and her husband has sworn that she disapproved 
 of them. The order was dated Nov. 3, 1861, and the question which the Lords 
 Justices had sent you to decide is, whether " Mr. W. F. Windham is lunatic or 
 enjoying lucid intervals, so that he is sufficient for the government of himself, his lands, 
 manors, &c." These are the words of the order. But I will call your attention for 
 a moment to the interpretation of the word " lunatic," as given in the second section 
 of the Lunacy Regulation Act. In the interpretation clause occurred these 
 words : " The word lunatic shall be considered to mean any person found by inqui- 
 sition to be idiot, lunatic, or of unsound mind and incapable of managing himself or 
 his affairs." The case for the petitioners was opened by Mr. Chambers by putting 
 a mass of facts before you which undoubtedly are of a ver .- serious nature. The 
 medical testimony is precise and pointed, and from very eminent men. F-om Dr. 
 Mayo, the President of the Royal College of Physicians, from Dr. Forbes Winslow, 
 and from Dr. Southey, you have heard evidence which you have not forgotten. A 
 great body of facts also nas been brought forward by Mr. Chambers, who let fa!', a few 
 words, on the conclusion of his case, which has convinced me that thecase will be one of 
 extraordinary difficulty. The case for the petitioners was concluded on the 1st of 
 January 49 or 50 witnesses having been called who had given most important 
 testimony. Sir Hugh Cairns had then proceeded, in a speech of uncommon 
 brilliancy and power, to address himself to the case which had been established by 
 the petitioners, and to the case he was about to open, and then proceeded to call a 
 body of 90 witnesses on the part of Mr. Windham. I believe that this is the thirty- 
 third day of the proceedings, and we have.had one hundred and forty witnesses, who 
 had been examimed and cross-examined by counsel, and examined a little 
 by us. I have taken 600 pages of closely -written notes, which I will 
 go over if you require. (Several of the jury intimated that this lengthy 
 

 
 199 
 
 proceeding on the part of the learned Master was quite unnecessary.) 
 I am quite prepared to find from seeing the extraordinary care and at- 
 tention you have paid to the case that you do not require me either to go over the 
 evidence or to give an analysis of the case. I will briefly explain what we have 
 not to do in this inquiry. You are not to tiy the validity or the invalidity of the 
 acts of Mr. Wiiidham. You are not to try the validity of the marriage, of the 
 marriage settlement, of the disentailing deeds, of the timber contract, of the sales 
 of jewellery, or of any other instrument which has been put in. You have to deal 
 with them as media of proof only of the issue which alone, in its solitary and 
 solemn incidence, is before you. You are not here to try the motives and conduct 
 of the petitioners. I will explain to you wbat is the question which you have to 
 determine, and what is the law, which you are bound to take from me on my re- 
 sponsibility ; and how yon are to deal in fairness with the two great bodies of 
 evidence which have been brought before yon. Ther Master quoted a case tried 
 before Lord Cottenham, in which a petitioner in lunacy had moved to have the 
 verdict of the jury quashed, on the ground of their having been influenced by an 
 opinion of his motives. He eaid you will see the importance, from that case, 
 of not allowing yourselves to be biassed by any condsideration of the motives 
 of the petitioners. With regard to General Windham, whcse name has been 
 so freely mentioned in these proceedings, and whose conduct has been subjected to 
 such severe criticism, but who has received, at the hands of his counsel, so splendid 
 a vindication, as far as eloquence could go, you are not to decide upon his motives. 
 Even if you assume them to be ever so selfish, the question for you to try is, 
 whether yon have got unimpeachable evidence on which you can go, even though 
 the hand might be polluted which has brought it. The counsel for the defence 
 has adverted to the fact that none of the petitioners have appeared, except Lord 
 Bristol and Lord Alfred Hervey. If the others could have given satisfactory 
 evidence, it was a pity they had not been called ; but neither of us know that they 
 could have given satisfactory evidence. That was a matter which had to be decided 
 by counsel in the exercise of that discretion which belonged to them. The ques- 
 tion, and the only question, which you have to try is, whether Mr. W. F. Windham 
 was of sound mind enough to be able to manage himself and his affairs ; or if ho 
 were not of such sound mind as to be able to manage himself and his affairs. 
 That there might be no misunderstanding on this point, I will quote 
 
 Lord Eldon in the case of Kidgway and Darwin, decided in 1802, to 
 point out what is the state of the law as to whom the protection of the 
 law was applicable. Lord Eldon says, " I have reason to believe that the Court 
 
 did not in Lord Hardwicke's time grant commissions of lunacy in cases in which 
 it has since been granted. The question is not now whether the party is absolutely 
 insane, as in the time of Lord Hardwicke, but the Court has thought itself authorised 
 though certainly many difficult and dangerous questions with regard to the liberty 
 of the subject turned on that the Court has thought itself authorised to issue a 
 commission, provided it could be made out that the party is unable to act with any 
 proper and provident discretion, and is liable to be robbed by any one, under that 
 imbecility of mind, which is not strictly insanity ; but, as to the mischief it produces, 
 calling for as much protection as actual insanity." That is the opinion of Lord 
 Eldon. In 1806, Lord Erskino endorsed that view. In 1827, Lord Lyndhurst im- 
 plicitly adopted the rule of Lord Eldon, which has eversince been judicially recognised 
 as defining a condition of mind which justified and called for the protective inter- 
 position of the law. The legislature had not interposed to alter that legal view, so 
 that you must take that to be the condition of the law which must govern 
 the present case. For these reasons, we must regard the case before you 
 to be of a pre-eminently practical character. The broad question you have 
 to decide is, whether, upon tho view of the whole of the vast body of 
 evidence, Mr. Windham is at the present time of sufficiently sound mind 
 to be entrusted with the management of himself and his affairs. You 
 will remember that the whole of the medical witnesses on both sides, when. 
 questioned by me, have acquiesced in the correctness of my proposition that 
 the question before me is a matter of evidence and a question of degree, on 
 which laymen were quite as competent to come to a right conclusion, having all 
 the facts before them, as expertes. It is an inquiry, not of a scientific, but of a 
 practical character. This being so, it is for you to determine, having the evidence
 
 200 
 
 and the statements of counsel on both aides before yon, whether you found the 
 state of mind of Mr. Windham to be such as to bring him within the scope of the 
 protection of the law on the principles which have been laid before you as defined 
 by supreme judicial authority. Here I will again remark, that mere weakness of 
 character, mere liability to impulse, good or bad, mere imprudent, reckless 
 eccentricity, to which I will add immorality no, not all of these 
 constitute unsoundness, unless we believe ourselves justified, looking at 
 the whole evidence fairly, in referring them to a morbid condition of the 
 intellect. They might evidence uusoundness, but they did not constitute 
 it. There is a difference between lawyers and medical men as to the existence 
 of that intermediate condition of mentalunsoundness which is recognised by supreme 
 judicial authority. Many of the medical men who have been examined have 
 excluded it. But you must jemember that Dr. Taylor, in his able work, has dis- 
 tinctly recognised the three kinds of insanity, imbecility, and absolute idiocy. If 
 you keep these three conditions clearly in mind, it will enable you to discard many 
 irrelevant issues. Coming to the evidence which has been adduced, you must bear 
 in mind that, as Mr. Windham cannot be heard as a witness, you must weigh with 
 scrupulous and jealous attention all the evidence bearing on his acts and conduct 
 before you come to a decision. In reference to that great division of evidence, the 
 medical evidence, I must remark that a person is not necessarily of unsound mind 
 because Dr. A. says he is, or of sound mind because Dr. B. says so. You must listen 
 to and weigh such evidence ; but it ought to have no greater weight with you than 
 the other evidence. The general body of the evidence which has been brought 
 forward presents a marvellous conflict aud contradiction. It is utterly impossible 
 that you can determine on each fact or on the testimony of each witness. 
 The case must be decided on the general value of the whole mass of evidence on 
 either side, weighed and balanced together in such a way as to enable you to form 
 a correct judgment. Yon must not attach too much weight to the evidence of 
 those who have only casually met Mr. Windham, and who spoke to his condition of 
 mind, as such temporary communication with him is not sufficient to enable them 
 to come to a sound conclusion. We shall have to decide between the theory of 
 the petitioners that Mr. Windham's is a case of congenital deficiency of intellect, 
 and that of the defence, that his mental condition is simply the result of 
 neglected education. I have carefully abstained from allowing any intimation of my 
 opinion on this case to escape me, but I will observe that yon must not lightly affix 
 upon the father and mother the imputation of having neglected the education of this 
 young man. With the vast mass of correspondence which has been put in you 
 must deal as you think fit ; but with respect to the two letters written by Mr. 
 Windham to Mr. Jackson, and put in as evidence on behalf of Mrs. Windham, 
 I feel bound to say that better letters could not be written by any of 
 the gentlemen in this court. I have called your attention to those 
 letters on account of the argument of Sir Hugh Cairns, that the theory 
 of the petitioners of the low intellectual condition of Mr. Windham from 
 his birth would be disposed of, if it could be shown that he had acted intelli- 
 gently once, and only once. One great test of the opinionof people is thefooting upon 
 which they have delt with Mr Windham, Now there is one fact which does not appear to 
 be challenged. That is, General Windham's having negotiated with his nephew for 
 the sale of a piece of land of the value of 1,000. General Windham must either 
 have thought his nephew of sound mind, or, if he did not, why did he offer to deal 
 '; "with a man who could not bo a contracting party ? Yon will have to consider how 
 far that is evidence that General Windham considered his nephew to be of sound 
 t mind. You must decide whether Mr Windham is at this moment the great boy he 
 has been represented, or whether he has the average amount of capacity which will 
 enable him to manage his property without being interfered with, and whether every- 
 body has treated him on that footing. Yon must not, however, apply too high a 
 standard to the young man, for you are not trying whether he is a consummate man 
 of business. I do not intend to go into the question of the evidence of the 
 Llewellyns further than to observe that it was clear that either Mrs. Llewellyn or her 
 "brother and sister have deliberately perjured themselves. It will be for you to decide to 
 -whom you give credence. The marriage will have to be considered by the jury with 
 reference to its bearing on the state of Mr. Windham's mind. All that I will say about 
 this marriage, its inception, its completion, and what took place afterwards, is what 
 appears to me a perfectly frightful transaction. There has been frightful vice and 

 
 201 
 
 weakness ; but the cardinal question for you is, doea that marriage or any of 
 fts incidents and consequences throw light upon the condition of Mr. Windham's 
 mind, with regard to his sanity in the eye of the law. Knowing the terms 
 of the timber contract, you, as men of business, will have to decide whether 
 the entering into such a contract without professional assistance was the act of 
 a sane man. Though cautioned by Dr. Hood and Dr. Seymour to conduct himself 
 with propriety during the course of these proceedings, it appears certain that Mr. 
 Windham has been seen in his old haunts in the Haymarket, and on one occasion 
 talking to a prostitute. I do not wish you to attach too much importance to this fact 
 but I do not wish you to lose sight of it. The solution of that conduct given by 
 Mr. Karslake is that Mr. Windham despised the proceedings, and thought them 
 Unjust, monstrous, and outrageous, and therefore laughed at them. It will be for 
 jou to decide how much of the evidence is to be accepted as relevant, and 
 how much is to be discarded as not bearing on the issue. You must look 
 broadly at both masses of evidence, and give your verdict on the principles 
 which have been laid down. You have yet a duty to perform, namely, 
 to have an interview with Mr. Windham, in order that you may see him, 
 talk to him, and hear what he says, in order to apply what you see and hear to 
 what you have heard in open court. I see no reason to alter the decision I have 
 come to, that the interview should take place privately in the presence of counsel, 
 and with a short-hand writer in attendance. My objection to the examination 
 taking place in open court is, that the exhibition would not be in the interest of the 
 public, and that Mr. Windham might utter against third parties what will involve 
 us in hostile actions for slander. Further than that, it is your unanimous wish 
 that the examination should be in private, and it is also in accordance with every 
 precedent on the subject. As soon as the interview with Mr. Windham has taken 
 place, you will be left to yourselves to consider the verdict. The verdict, I am 
 sure, will be founded injustice, whatever it may be. If adverse to Mr. Windham, 
 its effect will be to place him under the benignant protection of the law as to his 
 property and person, but not to incarcerate him in the way which has been 
 suggested as the result of finding him to be of unsound mind. 
 
 The Court then adjourned until eleven o'clock on the following day. 
 
 The jury will this (Thursday) morning have an interview with Mr. Windham, and 
 after consultation will deliver a verdict, which will terminate the proceedings. 
 
 THIRTY-FOURTH DAY. THURSDAY, JANUARY, 28. 
 
 The adjourned inquiry into the state of mind of Mr. W. F. Windham, of Fellbrigg- 
 hall, Norfolk, was resumed to-day in the Westminster Session-house, before Mr. 
 Warren, Q.C., one of the Masters in Lunacy, and a special jury. 
 
 Mr. M. Chambers, Q.C., Mr. Field, and Mr. Hume Williams, appeared for the 
 petitioners ; Mr. Charles Russell for Lady Sophia Elizabeth Giubilei, the mother 
 of the alleged lunatic; Sir Hugh Cairns, Q.C., Mr. Karslake, Q.C., and Mr. Milward, 
 for Mr. William Frederick Windham ; and Mr. Coleridge, Q.C., for Mrs. Windham. 
 
 This morning the Master took his seat in court at 11 o'clock, at which time there 
 were present Sir Hugh Cairns and Mr. Karslake in their robes, and Mr. Chambers 
 in his private clothes. 
 
 The Master announced that he was very poorly, the result of his great exertions 
 in the case. 
 
 Sir G. Armytage, the Foreman, said that the jury had assembled in the room 
 assigned to them, and they were ready to proceed. 
 
 The Master said he would be with them in a minute. 
 
 Sir Hugh Cairns said he wished once more to renew his protest against Mr. Wind- 
 ham being examined in a closed court. His desire was that Mr. Windham should be 
 examined in open court. 
 
 The Master said that in the case of Armstrong 
 
 Sir H. Cairns said he did not want to discuss the case of Armstrong, which had 
 frequently been mentioned, but which had no bearing on the case of Mr. Windham. 
 All he desired was to renew his protest. He presumed that, according to previous 
 arrangement, the jury would not be allowed to ask Mr. Wiudham any queslions, but 
 that all questions would be put through the Master. 
 
 The Master said that last nip-ht he had informed the jury that they would be 
 allowed to put questions to Mr. Windham in a friendly way. It would be merely a 
 friendly interview.
 
 202 
 
 Sir H. Cairns also protested against this course as being unfair to Mr. Wiadham. 
 
 It was then arranged that the examination of Mr. Windham should take place 
 in the court, from which all strangers were ordered to withdraw. This was at 
 about twenty minutes past eleven, and Mr. "Windham was introduced. He was 
 questioned on all the matters which were brought out in evidence the places he 
 had been to, his early life, his tutors, his acquaintance with Agnes Willoughby, his 
 marriage,, his and her subsequent conduct, the jewels, &p. He is reported to have 
 answered all the question put to him unhesitatingly, straightforwardly, coherently, 
 and consequentially. 
 
 THE VERDICT. 
 
 The Jury retired at three o'clock, and returned in half an hour with a verdict 
 " That Mr. Windham is of sound mind, and capable of taking care of himself and 
 his affairs." 
 
 The announcement was received with loud cheers. 
 
 LOKDON : 
 3. MELDHUJI, PRINTER, 3, RUSSELL COURT, BRIDGES STREET, STRA.XD, 
 
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