An inquiry into the state of mind of W. F. Windham, Esq., of Fellbrig Hall, Norfolk : before Samuel Warren ... and a special jury, upon the petition of General Windham ... the uncle of the alleged lunatic, and other members of the family, at Her Majesty's Court of Exchequer, Westminster, commencing December 16, 1861.

William Frederick Windham

Date:: [1862]

Credit: An inquiry into the state of mind of W. F. Windham, Esq., of Fellbrig Hall, Norfolk : before Samuel Warren ... and a special jury, upon the petition of General Windham ... the uncle of the alleged lunatic, and other members of the family, at Her Majesty's Court of Exchequer, Westminster, commencing December 16, 1861. Source: Wellcome Collection.

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not very strongly marked, nor is it calculated to attract notice unless yoar 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 unmistakeable. 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 nnsoundness 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.] v Cross-examined bj' 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. Windham. I got them from Mr. Field, the solicitor for the petitioners. 1 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 aflSdavits 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 11th of Tiecember 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 hall- 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 1 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, ihei-e were some points upon which I had not formed a conclusive opinion in the hi st interview, and, therefore, I thought it desirable that I should see again. I refer particularly to his present mode of living. 1 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 capa e o managing himself. I say so, because I do not think a man is capable who coifi^ contract marriage while suffering from a foul disease, and ■e^on e new paramour with whom his wife had been living slept in the same house w i i ler night before the marriage ; who could act as Mr. Windham admitted he had done as a railway-guard and engine-driver; and who could not form a right appreciation of the position in which he had placed himself by contracting such a mairiuso.

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