tu Huttac|>, IN THE MATTER OF DAVID OCHTERLONY DYCE SOMBRE, A PERSON FOUND TO BE OF UNSOUND MIND. 1’IiINTED BY HENRY HANSARD, NEAR LINCOLN’S INN FIELDS. TABLE OF CONTENTS. DOCUMENTS in Support of the Commission, submitted to Dr. Babington and Dr. Jeaffreson, the Physicians appointed by the Order of the Lord Chancellor, dated 7 May 1851, to examine Air. Dyce Sombre, consisting of the Judgments of Lord Lyndhurst and Lord Cottenham, the Reports of the Medical Gentlemen employed by their Lordships to examine Mr. Dyce Sombre, with the Affi- davits, and such Extracts from the other testimony as is necessary for the explanation of the same. page' 1. Mrs. Dyce Sombre’s Affidavit ------ sworn 25th June 1844 - 1 to 30 2. Dr. Drever’s Affidavit ------- sworn 24th June 1844 - - 31 to 40 3. Sir James Clark’s Affidavit ------ sworn 21st June 1844 - - 41 to 40 4. Dr. Conolly’s Affidavit ------- sworn 9th February 1844 47 5. Second - ditto - -- -- -- - sworn 21st June 1844 - - - 49 6. Dr. Monro’s Affidavit swrorn 12th February 1844 - - 50 7. Second - ditto - -- -- -- - sworn 21st June 1844 52 8. Dr. Elliotson’s Affidavit ------- sworn 21st June 1844 - 53 9. Mr. Martin’s Affidavit ------- sworn 24th June 1844 - - - $5 10. Report of Dr. Southey and Dr. Bright - 24th June 1844 - 50 11. Lord Lyndhurst’s Judgment ------ 8tli August 1844 - - - 57 to 92 12. Mr. Warwick’s Affidavit as to General Ventura - - sworn 18th November 184G - 93 to 98 13. Mrs. Dyce Sombre’s Affidavit as to Mr. Cecil Forester - sworn 29th July 184G 98 14.< Captain Troup’s Affidavit, so far as relates to Mr. Cecil" Forester - 15. Mr. Frere’s Affidavit, so far as relates to General Ventura - sworn 25th June 1844 - 100 16. Second Report of Drs. Southey and Bright - 20th September 1846 - 101 „ „„ sworn 5th AuSust 1846 - - 99 17.- Captain Troup’s Affidavit as to Madame Solaroli, and Mr. Dyce Sombre’s printed Memoir - - - - sworn 11th December 1846, 103 to 107 18. Letter from Mr. Dyce Sombre to the Lord Chancellor,' referred to in the next Medical Report - n,u 9th March 1847 - - - - 10/ 19. Third Report of Hr. Southey and Dr. Bright - 5th August 1847 - - - - 109 Baron Solaroli’s and Captain Troup’s joint Affidavit, as' to legitimacy of Madame Solaroli - 20.- sworn 7th September 1847 - - 111 21.- Captain Troup and Dr. DrevePs joint Affidavit as to' Madame Solaroli ------- sworn28thJuIy 1848 - - - ”3 22. Mr. Hutchinson’s Affidavit as to due completion of Monu-' ment - -- -- -- -- - sworn 24th July 1847 - - - 115 23. Mr. Frere’s Affidavit verifying Mr. Dyce Sombre’s Letter' to Mr. Larkins, 26th February 1848, as to the Monu- ment, and as to his interview with Lord Ward sworn 31st July 1848 - 110 24.< Short-hand Writer’s Notes of Examination of Mr. Dyce' Sombre - - - - - - - - 1st, 3d, & 6th November 1848, 117 to 155 25. Report of Dr. Southey Dr. Bright Sir James Clark Mr. Martin 18th November 1848 - - - 150 27. 26. Mr. Dyce Sombre’s Letter to the Lord Chancellor - - 12th January 1849 - 158 Letter from Lord Combermere and others, privately cbm-' municated to the Lord Chancellor - ,Q.r t 1Q.n .... 18th January 1849 - - - 104 28.. Medical Opinion of Dr. Paris and others, enclosed in Lord Combermere’s Letter - - - - 24th December 1848 - - - 16(1 29. The Letters referred to in that Opinion - - - - - 170 30. Mr. Frere’s Letter to Sir Richard Jenkins - 17th February 1849 - 17:5 31. Sir Richard Jenkins’Answer ------ 26th February 1849 - 170 32. Mr. Martin’s Affidavit ------- sworn 20th February 1849 - - 170 33. Mrs. Dyce Sombre’s Affidavit ------ sworn 20th February 1849 - - 179 34. Lord Cottenham’s Judgment ------ 20th April 1849 - - 181 to 191 35. Madame Sophie de Grefeuille’s Affidavit - sworn 11th October 1850 - - 192 36. Frederick Chretien Fuhrberg’s Affidavit - sworn 27th January 1851 - - 190 37. Mr. Dyce Sombre’s Letter to the Lord Chancellor - - 20th May 1851 - 201 lit mtitary. IN THE MATTER OF DAVID OCHTERLONY DYCE SOMBRE, A PERSON FOUND TO BE OF UNSOUND MIND. DOCUMENTS in Support of the Commission submitted to Dr. Babington and Dr. Jeaffreson, the Physicians appointed by the Order of the Lord Chancellor, dated the 7th May 1851, to examine Mr. Dyce Sombre. AFFIDAVIT of the Honourable MARY ANNE DYCE SOMBRE. The Honourable Mary Anne Dyce Sombre, now residing at the Clarendon Hotel, New Bond-street, in the county of Middlesex, the wife of the said David Oehterlony Dyce Sombre, maketh oath and saith,—That she is the daughter of the Bight Honourable Viscount Saint Vincent. And this deponent saith, that she first became acquainted with the said David Oehterlony Dyce Sombre in London, in the year 1838, and she was married to the said David Oehterlony Dyce Sombre on the 26th of September 1840. And this deponent saith, that very shortly after the said marriage, she, this deponent, and her said Husband, went abroad with the intention of wintering in Italy, but this deponent was taken ill before reaching Brussels, and was laid up for eight weeks at that place, at the end of which time the physician who attended this deponent having stated it was impossible for this deponent to continue the journey, he advised a speedy return to London. And this deponent saith, that nothing could exceed the kindness and affection of the said David Oehterlony Dyce Sombre while at Brussels; He was anxious that this deponent should see any person who he thought would give her pleasure, and was constantly of himself asking various persons to call upon this deponent. And this deponent saith, that she and her said Husband returned to London in December 1840, and had constant and varied society, large dinners, and parties to the theatre, &c. with the full approval of the said David Oehterlony Dyce Sombre, w'ho was most careful and attentive about this deponent, and treated her with what might be called jealous affection; He used to say, “ No great love could exist without jealousyHe was reserved in company, but courteous and attentive to his guests, and possessed the manner of a person perfectly accustomed to society. And this deponent saith, the said David Oehterlony Affidavit of the Hon. Mary Anne Dyce Sombre. Sworn 25th June 1844. Affidavit of the Hon. Mary Anne Dyce Sombre. Dyce Sombre often left this deponent alone in the company of both gentlemen and ladies: and this deponent used to go out in the carriage alone, the said David Ochterlony Dyce Sombre merely desired to be informed of the names of the persons this deponent used to visit; he had a general list written out, which comprised all her acquaintance; and before her drive she always, at his wish, told him where she was going to; and this depo- nent daily paid visits alone. And this deponent saith the bodily health of the said David Ochterlony Dyce Sombre was not very good, particularly as to his digestion, and he was very careless and inattentive about it; but this deponent perceived no indications of un- soundness of mind until the month of April 1841. And this deponent saith she was then still in very delicate health, and Sir Charles Clarke, who then attended this deponent, thought change of air might be of use, and accordingly this deponent and the said David Ochterlony Dyce Sombre left town for the Duke of Wellington’s, at Strathfieldsaye, intend- ing to proceed afterwards on a visit to this deponent’s Father, in Staffordshire. And this deponent saith that in the carriage this deponent wanted to refer to the book of Peerage, and was looking for it, when the said David Ochterlony Dyce Sombre asked her wThat she wanted, and when this deponent told him he said “ Oh, I went into Bond-street, and stood with it in my hand, and held it to the passers by; they looked at me, but it was some time before any one took it, at last somebody did: ” and this deponent believes he did what he said he had done, and in consequence sent for another copy. And this deponent saith this circumstance was so unlike anything she had observed in the said David Ochterlony Dyce Sombre before that it caused her great anxiety at the time, and she began to think his mind was affected: but this deponent saith the said David Ochterlony Dyce Sombre appeared quite well at the Duke of Wellington’s, and also at this deponent’s Father’s, at Meaford. And this deponent saith that in May 1841 this deponent and her said Husband went to Donington Park, to the late Marquis of Hastings, and the said David Ochterlony Dyce Sombre appeared to her not well, and out of spirits and moody there ; and on the day of departure from thence Lady Hastings came to this deponent’s room, and said that the said David Ochter- lony Dyce Sombre had had a private conversation with her, in which he stated this deponent was a person of improper character both before and since her marriage. And this deponent saith she was greatly alarmed and distressed, and expressed her apprehensions to Lady Hastings that he was becoming insane, and begging her at the same time to endeavour in every way to disabuse his mind of such an idea; and on returning to her said Father’s the said David Ochterlony Dyce Sombre’s manner, which had thitherto been kind and attentive to this deponent’s Parents, changed towards them; He became sullen and discontented; at times irritable, dissatisfied with everything, and sometimes with this deponent, though at others full of affection and fondness to her. And this deponent saith that at Meaford, about the begin- ning of June, during dinner, the said David Ochterlony Dyce Sombre appeared to have something weighing heavily on his mind, and after the servants had quitted the room he said, in the presence of this deponent’s Father, Mother, and Brother, that he thought it right to state that he had named to Lady Hastings that this deponent was a person of improper and incorrect character, and he now added that this deponent’s Father and Mother aided and abetted this deponent’s wickedness. And this deponent saith, that thereupon a quarrel ensued between this deponent’s Father and Brother and the said David Ochterlony Dyce Sombre, and the latter did not make his appearance in their presence for two or three days. And this deponent saith that on the same evening this deponent went to him in his dressing-room ; He was very low, and said, “ You are always my pet,” and appeared as fond of this deponent as ever. And this deponent saith, she believes it was two days after that her Father wrote out a paper for the said David Ochterlony Dyce Sombre to sign, in the words and figures following (that is to say), “ Upon the fullest and most calm reflection I voluntarily disclaim, without qualification or mental reservation, every idea of casting any imputation whatever upon the virtue, modesty, and character of my beloved wife, whether in relation to her con- duct before marriage or in relation to her conduct since her marriage; I also disavow all belief in every observation or insinuation which may have been made at any time to me by any one to her prejudice, and cannot ascribe any good motive or justifiable ground for it; I also disclaim every imputation on the character or honour of Lord St. Vincent, for indifference at any time to the conduct of his virtuous and amiable daughter. Given under my hand, at Meaford, June 7th, 1841.” And this deponent took the said paper to the said David Ochterlony Dyce Sombre in his dressing-room: and this deponent told him it was due to her that he should sign his name to it, and that she could not live with him after so false an assertion if he did not sign it; whereupon, with great reluctance, he did so. And this deponent saith, that on their return to town the said David Ochterlony Dyce Sombre was very irritable and excitable, and this deponent was very uncomfortable about him, believing him to be insane: and this deponent recollects Lady Hastings, as well as herself, being greatly alarmed at the unnatural noises the said David Ochterlony Dyce Sombre was making in the room near to where she and this deponent were sitting; He was very unwell then, and sent for Sir Charles Clarke, who unfortunately was leaving London; and the said David Ochterlony Dyce Sombre considered that his not coming was meant as an insult. And this deponent saith, she called upon the said Sir Charles Clarke just as he was leaving town, and told him what the said David Ochterlony Dyce Sombre said of her, and her apprehensions about him. And this deponent saith, she found it difficult at this time to please the said David Ochterlony Dyce Sombre: and this deponent remembers one evening at a small party the said David Ochterlony Dyce Sombre was much annoyed at this deponent sitting in one place the whole evening between two ladies of great respectability. And this deponent saith, the said David Ochterlony Dyce Sombre went to Sudbury, in the county of Suffolk, to the best of this deponent’s recollection, in the beginning of July; and before he started, this deponent went out of town to Sir Francis Burdett’s, near Hampton Court, and remained there a few days; soon after this, deponent and her said Husband went to Worthing for a short time, at which place the said David Ochterlony Dyce Sombre was extremely violent in his language to this deponent at various times. And this deponent saith, that after she and the said David Ochterlony Dyce Sombre left Worthing, they came to London, and he appeared to be better, and they went out to several places, including those after-mentioned, and after their return in the evening the said David Ochterlony Dyce Sombre invariably expressed himself much pleased with this deponent. And this deponent saith that in the month of July 1841 Affidavit of the Hon. Mary Anne Dyce Sombre, Affidavit of the Hon. Mary Anne Dyce Sombre, she was with her said Husband at a large dinner party at the house of Mr. Quintin Dick, on which occasion the said David Ochterlony Dyce Sombre desired this deponent to invite whoever she pleased of the company to join them on a subsequent day at their box in Covent Garden Theatre, where they were in the habit of having supper between the acts of the performance: and this deponent iftvited several of them accordingly. And this deponent saith that amongst the persons so invited were Sir Willoughby Cotton, who had some acquaintance with the said David Ochterlony Dyce Sombre, and Mr. Alfred Montgomery, late Private Secretary to the Marquis of Wellesley, and with whom this deponent had a very slight acquaintance, from sometimes meeting him in society, and whom she requested to bring with him his sister, Miss Montgomery, a young lady to whom this deponent had been introduced before her marriage. And this deponent saith, that the said Sir Willoughby Cotton, Mr. and Miss Montgomery, with others, came on the said invitation. And this deponent saith that nothing passed between this deponent and the said Alfred Montgomery but the most common civility. And this deponent saith that the said David Ochterlony Dyce Sombre was at the time much pleased, and praised her for her conduct throughout the evening. And this deponent saith that about the same time she, this deponent, with her said Husband dined at Captain Rous’, on which occasion some slight obstruction had occurred from an opening made in the pave- ment for the gas-pipes or sewers, which on a subsequent occasion appeared to have made a remarkable impression on the mind of the said David Ochterlony Dyce Sombre, though not particularly noticed at the time it took place. And this deponent saith, that the said Alfred Montgomery was not even, as this deponent believes, at that time acquainted with Captain and Mrs. Rous, and was not present at the said dinner at Captain Rous’, nor was he expected or invited there, according to the best of this deponent’s knowledge, recollection, and belief, although a long time afterwards it was imagined by the said David Ochterlony Dyce Sombre that he was present, as hereinafter stated. And this deponent saith, that in the middle of August 1841 she, this deponent, and her said Husband went abroad, and travelled through Belgium and Holland to Berlin, and the said David Ochterlony Dyce Sombre appeared to enjoy his journey very much, to be well and happy, and was very kind and affectionate to this deponent. And this deponent saith, that shortly before arriving at Berlin, to her great horror, the said David Ochterlony Dyce Sombre suddenly exclaimed to this deponent, “ Mary Anne, I feel I am going mad; I shall die in a madhouse; it is in my family; I know it must be; don’t you see the symptoms of it ? ” or used words to that effect. And this deponent saith, that at Berlin the said David Ochterlony Dyce Sombre was very bad indeed, and would sit or walk about the room for hour after hour while the dinner was waiting or the carriage at the door, accusing this deponent in the grossest terms of having defiled herself with the Waiters at the Inns, and her own Servants, Tradesmen and others; he said she had been an Opera Dancer, and that her Father and Mother knew it, and profited by it, and admired her for her cleverness in keeping a respectable appearance; and the said David Ochterlony Dyce Sombre then urged her to confess, and called on this deponent’s Maid to hear what he said. And this deponent saith that when these paroxysms were past, the said David Ochterlony Dyce Sombre wept bitterly, and intreated her forgiveness for his insulting conduct, and promised amendment; and the like scenes occurred frequently. And this deponent saith that whilst at Berlin she, this deponent, urged the said David Ochterlony Dyce Sombre to take medical advice, but he said he would not till he got to Paris. And this deponent saith that she afterwards proceeded with her said husband to Aix la Chapelle. And this deponent saith that during the journey the said David Ochterlony Dyce Sombre appeared to be suffering much, both in body and mind, and his conduct was quite opposed to what it had been previously; as, for instance, supposing it settled to leave any place at a certain hour, he would begin to tease this deponent about some impropriety of conduct, and continue the same for hours together, while the carriage was waiting: At Dresden once, and this deponent believes twice, when they had taken a box ' at the Opera, the said David Ochterlony Dyce Sombre deferred setting out whilst he was rating this deponent, so that they did not arrive until the performance was nearly con- cluded. And this deponent saith, that frequently at different places, if asked to ring the bell he would refuse to do so; if deponent got up, he would get up and say, “ Do you think I will allow you to ring the bell ? ” if this deponent sat down he sat down, and would go on for an immense time in this manner, which was totally different to his former behaviour. And this deponent saith, that up to the time of reaching Aix la Chapelle, the said David Ochterlony Dyce Sombre had not mentioned any particular man as the object of his suspicions, but at Aix la Chapelle he suddenly exclaimed, “ I have hit on the man; it is either the Duke of Wellington or Mr. Montgomery;” and he continued for an hour upbraiding her, this deponent, with her infidelity, and insisting upon her naming either the Duke or Mr. Montgomery, and said he would fight either, he did not care which it was, to show his love for her. And this deponent saith, that after leaving Aix la Chapelle this deponent and her said husband went to Paris by Brussels, during which journey from Brussels to Paris the conduct of the said David Ochterlony Dyce Sombre was terrible; and when they arrived at Paris about the end of November, where the said David Ochterlony Dyce Sombre had previously declared his intention to winter, they drove to the Hotel de l’Europe to look at some apartments; on entering which the said David Ochterlony Dyce Sombre flung himself into a chair, and began taxing this deponent again with impropriety of conduct, and desired this deponent to make no arrangement about the apartments, as they should leave Paris immediately: and this deponent believes the Master of the Hotel and the Servants were kept waiting upwards of an hour while this was going on. And this deponent saith that the said David Ochterlony Dyce Sombre did not allow this deponent to drive out by herself in Paris, but always accompanied her himself, and objected to her going out much even in the Morning, and then accompanied: and this deponent did not go out at all in the Evening, and the said David Ochterlony Dyce Sombre did not wish this deponent to see any of her friends there. And this deponent saith she, this deponent, and her said Husband, having dined one day at a Restaurant’s in the Palais Royal, and walked also through the Rue de Richelieu two days after, He said he saw this deponent had appointed some one to meet her at both Places. And this deponent saith that her said Husband insisted that she had intrigues and correspondence with the Due de Nemours, and that he would take her to England. And this deponent saith that her said Husband told her at Paris that some one had opened his Box of papers at the Affidavit of the Hon. Mary Anne Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. Clarendon Hotel, and desired his valet to get a passport immediately and go off to London and take a letter to Dr. Drever, an old friend of his in London, having settled to go himself in two or three days; but this deponent was able to persuade him to write to Dr. Drever by post instead of sending the servant, which this deponent did, being satisfied it was a fancy about the Box. And this deponent saith, that during the week she and her said husband were at Paris his conduct was the same as it had been since he left Berlin, but in an increased degree, rating this deponent for hours together, and then relapsing into an abstracted moody state. And this deponent saith, on this deponent’s and her said Husband’s return to London in December, he was bent upon fighting Mr. Montgomery : and this deponent believes the said David Ochterlony Dyce Sombre called at Lord Wellesley’s, where Mr. Montgomery resided, for the purpose of obtaining a meeting with him. And this deponent saith the said David Ochterlony Dyce Sombre no longer allowed this deponent to go in the carriage without him; she, this deponent, was restricted to seeing very few of her friends, and to the most part of them the said David Ochterlony Dyce Sombre was unkind and uncivil, so that it rendered it so painful to this deponent that she thought it best to give up entirely the pleasure of their society, and she accordingly scarcely saw any one. And this deponent saith that her said Husband, notwithstanding his said jealousy, appeared and was, as this deponent verily believes, devotedly attached to her. And this deponent saith, that being herself most sincerely attached to him, she never did give him any just cause for such ill thoughts concerning her, and did, as far as circumstances would permit, regulate her conduct according to his wishes, and in such a way as to give him assurance of her fidelity and attachment, and did endeavour to bear his vexatious treat- ment with all the submission and forbearance she could command, and did at all times, as far as circumstances would permit, avoid giving him occasion for uneasiness, endeavouring some- times to dispel his suspicions^by cheerful raillery, and at other times to reason with him on the subject, and to prevail on him to make specific charges, in order that she, this deponent, might have the opportunity of disproving them: but this deponent saith that after a time all attempts at raillery or reasoning served only to irritate the said David Ochterlony Dyce Sombre. 3 And this deponent saith it usually happened that after a continuance of this unhappy state of things for some time, the said David Ochterlony Dyce Sombre would regain his tranquillity for some weeks, after which he would have a relapse, and the attacks appeared to become more violent and continuous. And this deponent saith, her mother was extremely ill in Staffordshire, and was most anxious to see this deponent: and this deponent had the greatest difficulty in being allowed to go .to her for one week; the said David Ochterlony Dyce Sombre accompanied this deponent ’to Stafford, where this deponent’s Father, Lord St. Vincent, met her. And this depo- nent saith that the said David Ochterlony Dyce Sombre, on meeting her said Father, said only, shaking his fist, “ I have found out the man.” And this deponent saith, on her return to town, the said David Ochterlony Dyce Sombre was worse; he never mentioned this deponent’s Father’s name but to abuse him ; he called this deponent by the most horrible names and curses; at church, where he accompanied this deponent, he used to be so restless that this deponent feared every one’s attention would be called to him; if this deponent asked him to remain still, he would say he would leave this deponent, and would then appear to be going out of the pew, repeating all the time he would leave this deponent, but still not doing so; it was so distressing, that for some time this deponent thought it would be better to give up going to church. And this deponent saith, when this deponent drove out with him in his Cabriolet, and whilst driving, unpleasant thoughts would come across the said David Ochterlony Dyce Sombre; he would begin accusing this deponent in the Cab, and get excited till he whipped the horse, which was very spirited, into a gallop, and put himself and this deponent in great peril. And this deponent saith, in the evening, he the said David Ochterlony Dyce Sombre, would frequently say, “ Mrs. Dyce Sombre, may I go to bed?” and repeat it over and over again; if this deponent said, “It was early,” he would say, “ But I am tired : ” if this deponent asked him to go, he would be terribly excited, and say, “ Do you think I would leave youthis would go on for a long time together, from one to two hours. The money which, by the said David Ochterlony Dyce Sombre’s sanction, had been settled upon this deponent by this deponent’s Father, he objected to this deponent’s receiving, but, having no power to prevent this, deponent’s Father, to oblige him, paid it from March 1842 into his, her said Husband’s, Banker’s hands, instead of, as heretofore, into the hands of this deponent’s Bankers, where it lay dead, as this deponent forbore to touch it, in order to please him, and this deponent was therefore without money, which was what the said David Ochterlony Dyce Sombre wished, as he said this deponent would buy lovers if she had it; the said David Ochterlony Dyce Sombre was at the same time unbounded in his generosity to this deponent, in buying every thing this deponent fancied. And this deponent saith that she this deponent used her utmost endeavours to prevent her Father from coming to town, or if he did so, from coming into contact with her said Husband, as he had now conceived the greatest detestation of her said Father, which was aggravated by her said Father refusing, in or about the month of January 1842, to act as second to the said David Ochterlony Dyce Sombre in his projected duel with Mr. Montgomery; and by a fancy of her said Husband’s, that her Father kept his Nephew, Captain Carnegie, out of the way, in order that he might not act in that capacity. And this deponent saith it was evidently extremely dangerous for this deponent’s Father and the said David Ochterlony Dyce Sombre to be in the same room together, for the said David Ochterlony Dyce Sombre could not con- tain or restrain his violence, and he used frightful language and threats to him ; his countenance expressed the most passionate anger, and he appeared several times on the point of striking this deponent’s Father. And this deponent saith, one day at dinner, in the pre- sence of Miss Otway, the said David Ochterlony Dyce Sombre suddenly started up, and said he could not sit at dinner with this deponent’s Father, and, in the most violent manner, he left the room. And this deponent saith that notwithstanding this continued persecution, the said David Ochterlony Dyce Sombre at times showed this deponent the most unbounded love and affection, and the utmost confidence in every thing but what related to her own personal conduct; it was impossible to show more unbounded love and affection than he did when not under the influence of his delusions; he was constantly bringing this deponent some token of his affection, and, to use his own expression, this depo- nent had only to express a wish to have it obeyed; and that he cared for no one in the Affidavit of the Hon. Mary Anne Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. world but this deponent. And this deponent saith it was during the journey of this depo- nent and her said Husband abroad, towards the close of 1841, and during the spring of 1842, that the said David Ochterlony Dyce Sombre referred to various places they had been at in the summer of 1841, and reproached this deponent for the first time with alleged misconduct at them. And this deponent saith the said David Ochterlony Dyce Sombre alleged at various times that the improper intimacy between this deponent and Mr. Montgomery had taken place at the theatre, on the evening abovementioned, and at Captain Rous’ dinner party, where the said Mr. Montgomery, as above mentioned, was not present. And this deponent saith the said David Ochterlony Dyce Sombre threatened to throw a pearl necklace he had given her, this deponent, into the fire, because he alleged that Mr. Montgomery was present the first day this deponent wore it, namely, at Captain Rous’ dinner; and on account of his suppo- sition of an improper occurrence at the said dinner, the said David Ochterlony Dyce Sombre did not allow this deponent to associate with Captain and Mrs. Rous, or with Mr. and Lady Louisa de Horsey, who were not present at Captain Rous’. And this deponent saith the said David Ochterlony Dyce Sombre, as she has been informed and believes, asked several persons to be his second in the duel he wished to fight with Mr. Montgomery, but they refused. And this deponent saith the said David Ochterlony Dyce Sombre consulted Lord Marcus Hill about this deponent’s conduct, and at the end of January their mutual trustees and Lord Marcus Hill and Sir Francis Burdett were asked to attend and hear the charges her said Husband was to bring against this deponent, and to decide if there were grounds for them or not; and a meeting was held accordingly on the 31st of January 1842, at the Clarendon Hotel, at which Lord Marcus Hill, the present Earl of Lonsdale, then Lord Lowther, Sir Francis Burdett, Lord Combermere, Mr. Fitzherbert, Viscount St. Vincent, Mr. Edward Swynfen Jervis (this deponent’s Brother), Mr. Thomas Hawe Parker (this deponent’s Uncle), Dr. Locock, the physician who had attended this deponent, and the said Dr. Drever were present, and that deponent has been informed and believes that at such meeting the said David Ochterlony Dyce Sombre told wandering stories about this deponent’s misconduct before her marriage and her subsequent infidelity with Mr. Montgomery and 1 others; and that when questioned what led him to believe these stories, he said this deponent had confessed her guilt generally by wearing her hair in a particular manner, and this deponenPsguilt with Mr. Montgomery by asking the said David Ochterlony Dyce Sombre to take wine with this deponent eight weeks before in Paris, when he was in the act of charging this deponent with misconduct with Mr. Montgomery: the reason of this deponent’s asking him to take wine was, that this deponent had found reasoning useless, and did not wish the servants to hear what he was saying, and that he complained that a seat had been kept for Mr. Montgomery at Captain Rous’ dinner, and that he the said Mr. Montgomery had been concealed in the house, and that a place had been opened in the pavement to injure him the said David Ochterlony Dyce Sombre. And this deponent saith that a paper was signed by the parties present, except Lord St. Vincent and Dr. Locock (which last was only there in order to give evidence, after which, by the desire of the said David Ochterlony Dyce Sombre, he retired), at the said meeting expressive of their unanimous conviction and entire satisfaction that there was no foundation whatever for the accusations or suspicions enter- tained by the said David Ochterlony Dyce Sombre. And this deponent saith that when the meeting was over the said David Ochterlony Dyce Sombre came to this deponent in the most affectionate manner, and said, after kissing this deponent, how delighted it made him that this deponent had so many friends to uphold her, and that notwithstanding all this deponent had done, she was always his darling Pet. And this deponent saith that Lord Marcus Hill at various times most kindly spent hours in endeavouring to disabuse the said David Ochter- lony Dyce Sombre’s mind of these delusions, but in vain. And this deponent saith the said David Ochterlony Dyce Sombre continuing without amendment, she then persuaded him to have medical advice, and Dr. Chambers attended him for a long time in the months of February and March 1842. And this deponent saith that the said David Ochterlony Dyce Sombre rarely would allow this deponent to be out of his sight, and would sometimes go out of the Clarendon Hotel, where they then were, by the usual entrance from Bond-street, saying he should be out for an hour, and then return suddenly in a few minutes by the Albemarle- street entrance, apparently in expectation of surprising this deponent in the commission of some offence. And this deponent saith that she was informed by the said David Ochterlony Dyce Sombre that he had, about this time, stopped Mr. Montgomery in the streets; and the day following the said David Ochterlony Dyce Sombre drove this deponent out in his cab, and was in a great state of alarm for fear of being arrested, and having observed, on starting, two policemen on the opposite side of the street, he told this deponent they were looking out for him, and called one of them to ask him. And this deponent saith that on that day the said David Ochterlony Dyce Sombre drove the horse until it was quite exhausted, so that they were obliged to walk home. And this deponent saith that Dr. Chambers, after the occurrence of the said David Ochterlony Dyce Sombre stopping Mr. Montgomery in the cab, desired, on account of the responsibility of the case, that he might have further advice from a Physician skilled in nervous disorders, considering the case too serious for himself alone ; Dr. Seymour was applied to, but this deponent understood he did not wish to under- take it on account of its responsibility; and Dr. Sutherland was sent for, and he saw the said David Ochterlony Dyce Sombre once only, and he hoped the delusions might pass away if his bodily health was attended to, and he had change of air and scene. And this deponent saith about May, 1842, Dr. Jones, who was considered clever in nervous disorders, was substituted for Dr. Chambers, and he considered the said David Ochterlony Dyce Sombre insane, but hoped he still might with care and attention recover, and the said David Ochterlony Dyce Sombre did get better about the beginning of August 1842. And this deponent thinks it material to name that several circumstances had fretted the said David Ochterlony Dyce Sombre; in the early part of this year 1842, he had lost his seat in Parliament; his claim against the East India Company had been rejected; and above all, he had no employment to occupy his mind and thoughts. And this deponent saith that in the middle of August 1842 they agreed to leave town for Dover, and when the carriages were at the door for their departure, General Ventura, a very old friend of the said David Ochterlony Dyce Sombre, arrived with his daughter at the Clarendon Hotel. And this deponent saith that the said David Ochterlony Dyce Sombre was delighted to see General Ventura, and immediately took this deponent to him and introduced her, and after Affidavit of the Hon. Mary Anne Dyce Sombre. a short time she and her said husband proceeded on their journey. And this deponent saith that at Dover the said David Ochterlony Dyce Sombre was very well, and enjoyed himself extremely in rational exercise and social amusements, and his delusions were so abated that he left this deponent at Dover whilst he himself went up to Town to visit the said General Ventura. And this deponent saith that after staying at Dover about a fort- night they returned to Town, where the said David Ochterlony Dyce Sombre’s happy state of mind continued, and he greatly enjoyed the company of his friend General Ventura, and after staying in town four days he accompanied this deponent to Stafford, on the way to her Father’s at Meaford, and allowed her to go in the carriage alone from the Station the remainder of the way. And this deponent saith that she is informed and believes that the said David Ochterlony Dyce Sombre returned to London to the Clarendon Hotel, where he had left his friend General Ventura, and that two or three days after he intended to accompany his friend General Ventura as far as Dover on his return to Paris, but the said David Ochterlony Dyce Sombre being called by his servant on the morning of their departure did not choose to get up, and the said General Ventura having quitted London, the said David Ochterlony Dyce Sombre shortly after rejoined this deponent at Meaford, and in company with this deponent’s Cousin, Miss Parker, and another female companion, they visited the Lakes and Edinburgh: there they stayed till the 5th or 6th October. And this deponent saith the said David Ochterlony Dyce Sombre continued well till the day of leaving Edinburgh, when he did not appear so well; he became gradually worse, with the usual symptoms of moodiness and irritability, and full of the usual fancies about this deponent’s guilt, till he arrived at Inverary, where, in the newspaper, he read the marriage of Mr. Montgomery, and on that evening he asked this deponent if she was not wretched that this deponent’s dear Alfred was married, and numberless questions of this sort. And this deponent saith the next day the said David Ochterlony Dyce Sombre insisted to this deponent that Mr. and Mrs. Montgomery were dining at the Duke of Argyle’s, as well as this deponent and the said David Ochterlony Dyce Sombre; and the following day the Duke had made preparations for deer shooting to amuse the said David Ochterlony Dyce Sombre, but he would not go; and he said the offer of the Duchess to give this deponent some stags’ horns was shameful, and if she did he would insult her. And this deponent saith that cannon were fired from the top of a hill near the house, to raise the echo, and the said David Ochterlony Dyce Sombre insisted to this deponent they were fired in honour of Mr. Montgomery’s marriage. And this deponent saith they went from Inverary to Teignmouth Castle, Lord Breadalbane’s, and thence to Inverness, and during the journey the said David Ochterlony Dyce Sombre was terrible; he then taxed deponent with improper conduct with his old friend General Ventura, who, he said, went to her Father’s in the country the same day she, this deponent, did, before this deponent and her said Husband’s journey to Scotland, although the said David Ochterlony Dyce Sombre himself took this deponent as far as the nearest station to this deponent’s Father’s, and himself saw this deponent deposited in the carriage, to finish the journey, and then returned to Town to the same hotel where General Ventura then was, and he remained there till the General left London for Paris. And this deponent saith the said David Ochterlony Dyce Sombre desired this deponent not to wear a bracelet he had himself given this deponent, but which, he asserted, was given to this deponent by General Ventura. And this deponent saith that sometimes, after travelling all day, when they arrived at the Inns in the evening, the said David Ochterlony Dyce Sombre would touch nothing, because, he said, things were put into his food to injure him; he would often ask leave to go to bed all the time they were at dinner, but would not go, and he was very violent at times. And this deponent saith that, at Inverness, Dr. Fraser was consulted, and he told this deponent that the said David Ochterlony Dyce Sombre had said things were put into his food, and he told him of his misery on account of this deponent’s ill conduct. And this deponent saith that in walking at Inverness one day they met an old friend of the said David Ochterlony Dyce Sombre’s, a Mr. Fraser, since dead, whom the said David Ochterlony Dyce Sombre had known in India, and for whom he had formerly entertained the greatest respect. And this deponent saith that the said David Ochterlony Dyce Sombre scarcely spoke to the said Mr. Fraser, and the moment he left them her said Husband taxed this deponent with impropriety of conduct with him; and her said Husband told this deponent he should send off a letter to him to desire him to call upon them the next day, Sunday, upon important business, and that the proof whether this deponent’s guilt had been before or since marriage would be seen by whether the said Mr. Fraser came before or after Church. And this deponent saith such letter was sent off accordingly by a messenger on horseback to Mr. Fraser’s place, about eight miles off, and the next day, after Church, Mr. Fraser called ; he had previously, as this deponent believes, been informed of the said David Ochterlony Dyce Sombre’s state by Dr. Fraser. And this deponent saith she talked to Mr. Fraser, and the said David Ochterlony Dyce Sombre sat by watching, and said not a word, and, after some time, Mr. Fraser left, when the said David Ochterlony Dyce Sombre waved with his hand the way to the staircase, and came back and said he was quite satisfied that the guilt had happened after marriage, and that having insulted Mr. Fraser, as he said, by showing him down stairs, if he was a gentleman he would call him out. And this deponent saith the said Dr. Fraser advised this deponent that the said David Ochterlony Dyce Sombre was insane, and recommended this deponent to go to town with him as fast as she could, as, he said, it was a most responsible case. And this deponent saith, that, at Inverness, the said David Ochterlony Dyce Sombre questioned this deponent’s maid whether General Ventura had not been with this deponent when last at Meaford, although the said David Ochterlony Dyce Sombre had been with the said General Ventura all the while he was in London, and knew he had left town with his family to go abroad. And this deponent saith that the said David Ochterlony Dyce Sombre, at Inverness, told this deponent he had written a letter to General Ventura, which he had transmitted to Messrs. Frere, Forster and Company, in London, with directions to send it by a special messenger to the General at Paris, and to follow him to Marseilles, Alexandria, or India, which letter this deponent believes to have contained a challenge, on account of the said General Ventura’s alleged intimacy with this deponent. And this deponent saith that, being in great fear, she wrote from Inverness to her friend Lord Marcus Hill, who was then at Mr. Ferguson’s at Pitfour, to meet her at Banff, but Mr. Ferguson hearing that they were at Liverness pressed them to visit Affidavit of the Hon. Mary Anne Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. Pitfour, which invitation was accepted. And this deponent saith that at Pitfour the said David Ochterlony Dyce Sombre was very ill, and while going down to dinner called out that a gentle- man of the company, Sir James Bannerman, an elderly man, had insulted him; and when an endeavour was made to turn the conversation by talking of sporting, he said, in a manner and tone which would leave no doubt of his meaning, “ that he hoped soon to have something better to shoot at than partridges/’ And this deponent saith that no endeavour to amuse or please the said David Ochterlony Dyce Sombre being of avail, she, this deponent, made the best of her way to Town. And this deponent saith, that after leaving Pitfour, at Aberdeen, the said David Ochterlony Dyce Sombre was extremely violent with this deponent. And this deponent saith, that at the Queen’s Ferry they could not all pass in the boat at once, and the said David Ochterlony Dyce Sombre stayed with this deponent; and some time after- wards the said David Ochterlony Dyce Sombre insisted that she had sent her maid to an inn there to get Sir David Ochterlony, whom this deponent had never seen but once, to meet her said maid at the inn. And this deponent saith that at Howick the said David Ochterlony Dyce Sombre threw this deponent twice off her chair, and this deponent was only saved from falling by her maid. And this deponent then became so greatly alarmed that this deponent wrote to beg the mistress of the Clarendon Hotel to have an alarm bell put up in her bed-room and the bolts taken off from the doors. At Carlisle these dreadful scenes were repeated, and it is impossible to convey any idea, and no one who did not witness them could have any idea of what it was. And this deponent saith, they passed close to this deponent’s Father’s, in Staffordshire, but the said David Ochterlony Dyce Sombre would not allow this deponent’s stopping to see her Parents. And this deponent saith, at Birmingham the said David Ochterlony Dyce Sombre was again most violent, and remained on the step of the carriage rating this deponent while the train was moving off, to his imminent danger; he would not get into the carriage for some time. And this deponent saith, when this depo- nent and her said Husband arrived in London every one was shocked at the alteration in his appearance and manner. And this deponent saith she sent for Dr. Chambers, who saw him the next day, and he expressed his alarm, and brought Dr. Sutherland the following day, the 16th November 1842, and they both attended for a considerable time from this date. And this deponent saith that shortly after his arrival in Town the said David Ochterlony Dyce Sombre wrote again to challenge Mr. Montgomery, and he sent a letter to Colonel Wyndham to forward immediately, Mr. Montgomery being abroad. And this deponent saith, Dr. Chambers, at this deponent’s earnest request, wrote to Colonel Wyndham to beg he would take no serious notice of the said David Ochterlony Dyce Sombre’s conduct, and he received for answer, as Dr. Chambers told this deponent, that had it not been for the said Dr. Cham- bers’ letter and request that he, Colonel Wyndham, would have immediately had the said David Ochterlony Dyce Sombre put under arrest. And this deponent saith the said David Ochterlony Dyce Sombre wrote twice to Sir Henry Willoughby, with whom he had been acquainted but one day, and who was in Scotland, to act as his Second in this projected duel; he also eventually wrote again to General Ventura, in India, as he told this deponent, to challenge him, but this letter was not, as this deponent believes, sent. And this deponent saith, the said David Ochterlony Dyce Sombre was now become so suspicious that he scarcely left this deponent for ten minutes together in the day ; he remained in the room till this deponent was dressed in the morning, and before leaving the said room regularly called this deponent to him and asked by what rule she, this deponent, intended to go by during the day, whether by the Unity, or the Trinity, or the Four Friends ; and upon this deponent’s choosing one, he placed her fingers in some particular manner, and then told this deponent that she was to do the same when next they met, and if she, this deponent, did not do it exactly, he should know she had been guilty; and this deponent was in the greatest alarm for fear of not remembering to do it exactly as he told her. And this deponent saith the said David Ochterlony Dyce Sombre took fancies about this deponent’s pocket-handkerchiefs, and several times took them away from her and locked them up, and if this deponent moved her hands or feet he said she had been guilty, and he did things to convince himself which cannot be named; and this deponent was afraid to put on any article of clothing that was new, on account of the said David Ochterlony Dyce Sombre’s suspicion. The ornaments he had given this deponent she was afraid to wear for the same reason. When the said David Ochterlony Dyce Sombre went into his dressing- room he expected this deponent to go at intervals to him while he was dressing, to show herself; he would frequently rush into the room while this deponent was at break- fast with nothing on but his shirt, to see if this deponent was safe. And this deponent saith that from the 15th November to the 30th March} when the said David Ochterlony Dyce Sombre was placed under restraint, this deponent never went out in the carriage alone, and not more than half a dozen times, without her said Husband, and then always in com- pany with her Cousin, Miss Parker, and the said David Ochterlony Dyce Sombre limited their drives to one hour ; and twice it happened that this deponent was a few minutes after the time, and the said David Ochterlony Dyce Sombre locked her and the said Miss Parker out, and the last of these times he came up to Miss Parker’s bed room, where this deponent was, and was very violent. And this deponent saith the said David Ochterlony Dyce Sombre allowed this deponent to go to Afternoon Church with Miss Parker, but he used to watch them in by waiting at the corner of the street until the carriage drove up, and was almost always at home to receive them, or, if not, he came in immediately after. And this deponent always found him very unsettled on these occasions; he said he had been lost without this deponent. And this deponent saith it was during the time she and the said Miss Parker were at Church that the visit to Dr. Elliotson, detailed further on, occurred, and this depo- nent was obliged to keep almost every body, both of relatives and friends, away ; and not more than half a dozen people did this deponent admit; it was impossible to do so, in fact; some of this deponent’s oldest friends would not come; the ladies were alarmed, and the gentlemen said they were afraid the said David Ochterlony Dyce Sombre might take some fancy about them. And this deponent saith her Father was in town when she and the said David Ochterlony Dyce Sombre arrived from Scotland, but this deponent was afraid to inform the said David Ochterlony Dyce Sombre; and this deponent only saw her said Father once for a few moments early one morning. And this deponent saith the said David Ochterlony Dyce Sombre was now continually saying he wished for a separation; and he would go on for hours repeating the same words; but on two occasions when this deponent Affidavit of the Hon. Mary Anne Dy ce Sombre, said she would agree to a separation the said David Ochterlony Dyce Sombre started up and declared he would murder her first. And this deponent saith she was anxious the said David Ochterlony Dyce Sombre should try the homoeopathic system, and Dr. Duns- ford attended him sometime in January, and he appeared to derive benefit from this system; but all at once he became worse again, and Dr. Dunsford begged to retire and call in other advice. And this deponent saith, the said Dr. Dunsford substituted Sir James Clark and Doctor Conolly. And this deponent saith, although the state of mind of the said David Ochterlony Dyce Sombre appeared to be greatly influenced by his bodily health, yet that it was not entirely so, and this became more and more apparent. And this deponent saith, that whatever the said David Ochterlony Dyce Sombre fixed to do he did, and at the time he said he would, though it might be weeks or months after. And this deponent saith, for example, the said David Ochterlony Dyce Sombre, at Inverness, in the month of October, fixed that this deponent’s maid Sarah Lake, a very respectable person, who had lived many years with her, should leave on a certain day (this deponent thinks Christmas-day) if she did not marry before that time, because he said she was a person of improper character; and this deponent did not reason with him about it, hoping he would forget it, and said nothing on the subject; but a fortnight or so before the time he asked the said maid if she had made her selection, and upon her saying she had not, he said if she did not marry before the day he had fixed he would turn her out of the house. And this deponent saith, from the time of his return from Scotland the said David Ochterlony Dyce Sombre swore at the said maid, and called her shocking names, as he did this deponent, asking her at times before this deponent to act improperly with him. And this deponent saith, that one morning before Christmas-day the said David Ochterlony Dyce Sombre came and told this deponent and her maid he had asked his hair-dresser to marry the said Sarah Lake, and that he had con- sented, and the said David Ochterlony Dyce Sombre had promised to take him as his valet. And this deponent saith, the said David Ochterlony Dyce Sombre was afterwards pacified without the said maid’s marrying, by desiring his valet to look out for another maid; and this deponent selected one approved of by her said Husband, who was brought by the valet, and the said David Ochterlony Dyce Sombre told this deponent that the new maid was to look after this deponent’s maid, Sarah Lake. And this deponent saith, that from the middle of January the said David Ochterlony Dyce Sombre got rapidly worse; and on the 27th of that month was the anniversary of the death of her Highness the Begum Sombre, who had adopted the said David Ochterlony Dyce Sombre as her son and heir; and the said David Ochterlony Dyce Sombre had heretofore had a Mass performed on that day, but about a fortnight before the time he said the Priest had not performed the Mass for the dead on the previous year, although he had said nothing to this deponent of any such suspicion on the previous anniversary when this deponent went with him to hear the Mass; and in conse- quence of the suspicion the said David Ochterlony Dyce Sombre did not have the said Mass performed, but sent 501. to Mr. Hardwick, the Magistrate, at Marlborougb-street, begging him to give it to the poor, and he put into the newspaper his letter to Mr. Hard- wick, and the latter’s acknowledgment of the 501, and an explanation to the effect, to the best of this deponent’s recollection, that the reason he had no Mass performed this year was, Affidavit of the Hon. Mary Anne Dyce Sombre. that the Priest had not performed the Dead Mass; and that he had found deceit in the world, but he did not expect to find it in one who professed himself to be a religious follower of Christ, or some such expression. And this deponent saith, that soon after this occurrence the said David Ochterlony Dyce Sombre told this deponent he intended writing to the Queen to inform Her Majesty that. he should give up his claims on the East India Company, and wrote accordingly, and sent a servant with a letter to Windsor Castle, on the 10th of February 1843, enclosed to Prince Albert, and the receipt of the letter was acknowledged by Mr. Anson. And this deponent saith, the said David Ochterlony Dyce Sombre the same day sent to Sir James Lusliington, then the Chair- i man of the Directors of the East India Company, a copy of the said letter to the Queen, and also a challenge; and the said David Ochterlony Dyce Sombre, on the 19th of February 1843, also challenged Sir Richard Jenkins, one of the Directors of the East India Company, and in consequence a policeman waB, as this deponent has been informed and believes, stationed at the Clarendon Hotel door by direction of the Board of Directors or their Agents.' And this deponent saith, she invariably did all she, this deponent, could to endeavour to dissuade her said Husband from doing these things, and when persuasion failed, this deponent wrote to beg the various persons addressed by him would answer his letters, but avoid saying anything to irritate him, as he was ill and attended by medical men, but this deponent never stated what his illness was. And this deponent saith, one day, to the best of this deponent’s recollection, in February, she and her said Husband were walking in Albemarle-street, when Mr. Bruce passed, and bowed to this deponent; the said David Ochterlony Dyce Sombre asked who he was; this deponent told him, and he took this deponent home, and said, “I shall go and ask him if he is Mr. Bruce”; on his return, he told this deponent he had been to the British Institution, and asked to speak to Mr. Bruce; and on discovering from him that he was Mr. Bruce, he said, “ As you liberated La Valette, perhaps you would like to liberate Mrs. Dyce Sombre; I shall be happy to give you any information about her;” but that Mr. Bruce declined talking on the subject. And this deponent saith, that the said David Ochterlony Dyce Sombre had repeatedly, during the months of November, December, January, and February, talked of a friend who had told him everything, and the things were so extraordinary, that latterly this deponent was con- vinced it was his own imagination; and he told this deponent that, in consequence of what he had done with respect to the East India Directors, that the Officers of a Regiment had given a great public dinner, in honour of him and his conduct in the business, at Dublin; and that the Queen had desired there should be a chair always left for him at her table, or that there was a chair always left for him there, and various things of this sort. And the said David Ochterlony Dyce Sombre, in the month of February, told this deponent her conduct was getting so bad that he would murder her; he was at times very violent; several times lie kicked this deponent out of bed, and sometimes he held her against the wall of the room for long together, threatening this deponent and calling her by horrible names; and sometimes he seized this deponent by the throat, and said he would strangle her, but generally became very sorry afterwards, and said, although she had behaved improperly, yet it was unpardon- able of him to treat her so, and would then load her with caresses; and ten minutes, or Affidavit ot the lion Mary Anne Dyce Sombre. Affidavit of tlie Hon. Mary Anne Dyce Sombre, sometimes an hour after, something would come across him, and he would begin again, and say that he should kill himself or this deponent, and put an end to his misery; that he did not wish to murder this deponent, that he should be very sorry, but it was too strong for him, and that he could not help it; these threats were repeated constantly from the begin- ning till towards the end of February; he several times spoke at night of which way it would be best to destroy this deponent, whether by smothering her with a pillow, or stopping her mouth, so that no marks of violence should be found on this deponent; and if this deponent told him if he killed this deponent he would be hanged, he sometimes said he should glory in being hanged for what he had done, and told this deponent’s maid to be sure to come and see him hanged; but generally he said he should not be hanged, as the law could not touch him on account of deponent’s wickedness. And this deponent saith, that for several weeks she, this deponent, put out of sight in her bed-room all knives and dangerous weapons, and the servant, into whose room the alarm bell rang, received, by this deponent’s order, repeated instructions to be on the watch, and to come up the moment he should hear it. And this deponent saith, that towards the end of February, the said David Ochterlony Dyce Sombre told this deponent he would buy pistols to shoot this deponent; and three or four days after, having left this deponent for a short time, he returned into the room where this deponent was, and said, “ I have brought themand when the servant brought the case in, the said David Ochterlony Dyce Sombre showed the pistols to this deponent; he then gave this deponent another caution about her conduct. And this deponent saith, that a few days after this, the said David Ochterlony Dyce Sombre told this deponent that he must load the pistols, for, instead of getting better, deponent was getting worse, and that this deponent gloried in her wickedness. And this deponent saith, that in the beginning of March the said David Ochterlony Dyce Sombre for the first time told this deponent who the friend was who he had for some months so repeatedly mentioned to this deponent as telling him everything. And this deponent saith they were sitting in the drawing-room alone, before dinner, and the said David Ochterlony Dyce Sombre said he had written to Mr. Metcalfe, at Delhi, to desire him to make over to the descendants of his friends two Squares the late Emperor had given to her Highness the Begum Sombre, and this deponent asked who this friend was; he said he was a person who had committed an offence, and deponent verily believes conspired against the said Begum; that he, the said David Ochter- lony Dyce Sombre, had put him in prison, where, after some years, he died; and deponent thinks this circumstance preyed on his mind, for he had often named it before, and she believes the said David Ochterlony Dyce Sombre to be a very humane man. And this depo- nent saith the said David Ochterlony Dyce Sombre then proceeded to say that this man used to appear to him and tell him every thing, and that he had appeared to him the night before, and said if he would do something for him he would be his slave, and tell him every thing. And this deponent saith her Cousin, Miss Parker, entered the room while the said David Ochterlony Dyce Sombre was giving this account, and in the evening he repeated it before this deponent’s maid, when this deponent said to the said David Ochterlony Dyce Sombre, “ Supposing he (meaning his friend) is not satisfied?” and the said David Ochterlony Dyce Sombre replied, “ Oh, he’ll be satisfied; ” and this deponent said, “ When shall you know ? ” and the said David Ochterlony Dyce Sombre said, “ He will come to-niglit.” And this deponent saith that at night this deponent was awakened by his suddenly calling out, “ Mary Anne, Mary Anne, I have seen him, and he is not satisfied;” he was in extreme terror, and begged he might hold this deponent fast, as this would keep the Spirit away; and this deponent saith she was dreadfully alarmed. And this deponent saith the next day she said to the said David Ochterlony Dyce Sombre, that the Spirit was a good Spirit, and would tell him only good things of this deponent; and some time after he said, “ You are right; he says you are a nice, good little creature, and that I shall be quite happy with you at last.” And this deponent saith that one or two days after the said David Ochterlony Dyce Sombre said that a wicked demon had appeared, and desired him to kill this deponent, but that his friend the good Spirit had told him not to do so, for he would be happy with this deponent at last. And this deponent saith the said David Ochterlony Dyce Sombre one night started up in bed, and said, “ There he is, there he is; don’t you see him now ? he is putting out his tongue; there, there, don’t you see ? he is gone,” and appeared greatly alarmed; and always, for about four weeks after, kept hold of this deponent all night, for he said this kept the demons away. And this deponent saith that on another occasion the said David Ochter- lony Dyce Sombre snatched off her wedding ring, and threw it into the fire, saying the spirit had ordered him to do so. And this deponent saith that several times the said David Ochterlony Dyce Sombre told this deponent that he the said David Ochterlony Dyce Sombre would marry this deponent in Heaven. And this deponent saith that the said David Ochterlony Dyce Sombre followed this deponent to every part of the house, and scarcely left her for five minutes together in the day; but still he was not at all satisfied, and very fre- quently felt all over the doors and sides of the room, to find out the secret places through which he alleged that she, this deponent, introduced and got rid of her lovers. And this deponent saith that in the month of February, as she had been informed and believes, the said David Ochterlony Dyce Sombre visited Dr. Elliotson, in Conduit-street, and by his conduct made the said Dr. Elliotson apprehensive of danger to himself. And this deponent saith the said Dr. Elliotson, as this deponent has been informed and believes, through Mr. Edward Ricketts, a relative of this deponent, urged the necessity of putting the said David Ochterlony Dyce Sombre under restraint. And this deponent saith that she has been informed and believes that representations having the same bearing were made to Messrs. Frere, Forster & Co., the solicitors of the said David Ochterlony Dyce Sombre, by various persons, and that a policeman was kept at the door of the hotel where the said David Ochterlony Dyce Sombre resided, at the instance of the Chairman of the East India Company. And this deponent saith that the said David Ochterlony Dyce Sombre had presented Captain Harvey Tuckett, with whom the said David Ochterlony Dyce Sombre had very little acquaintance, and for no sufficient or reasonable consideration, with a sum of money due from the Reverend Mr. Fisher, the early friend and tutor of the said Da rid Ochterlony Dyce Sombre, and who was rather in embarrassed circumstances. And this deponent saith, that one night the said David Ochterlony Dyce Sombre told this deponent that the Spirit had desired him to insult the light, and that after he had done this, he would tell him something; this deponent was in bed, and he desired this deponent’s maid to leave the room, and this deponent told Affidavit of the Hon. Mary Anne Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. her to wait in the room adjoining; and the said David Ochterlony Dyce Sombre then got out of bed, and placed lighted candles on the hearth-rug, and extinguished them in a manner which it would outrage decency to describe, calling out at the same time, “ Insult the light —insult the light; ” he then got into bed, and this deponent called her maid in, and told her what had happened. And this deponent saith, a few days before the said David Ochterlony Dyce Sombre was placed under restraint, he told this deponent at night that the Spirit had desired him to shave off his eyebrows; and the following morning, on his naming it again, this deponent told him that the Spirit would, this deponent should suppose, be quite satisfied if he merely took off a small portion of each; he said, “Well, I will see ; you are right, I believe you are right,” or words to that effect; and two hours after, the said David Ochterlony Dyce Sombre appeared with a piece of each eyebrow shaved off; and this deponent desired her maid to observe it, and also Miss Parker. And this deponent saith, that after he was placed under restraint, the said David Ochterlony Dyce Sombre, as this deponent understood, had them entirely shaved off by his hair-dresser; and this deponent spoke to Sir James Clark about his having previously shaved off a part, and he said he had shaved off the whole. And this deponent saith, the said David Ochterlony Dyce Sombre fancied also that things were put into his food to injure him, and he thought that Savory and Moore, the Chemists, put things into his draughts for the same purpose, and therefore left them, and went to Dinneford: and this deponent remembers him saying one day to the head-waiter at the Clarendon Hotel that he put things into his food, and the waiter said he hoped he was not capable of doing such a thing; but the said David Ochterlony Dyce Sombre went on talking about it: and this deponent had heard him at dinner several times ask the servants if there was any thing in the meat, and sometimes he would scarcely eat anything. And this deponent saith, that two or three days before he was placed under restraint, the said David Ochterlony Dyce Sombre said, the Spirits desired him to drink beer instead of wine, and he did so. And this deponent saith, that the said David Ochterlony Dyce Sombre was always much excited when either salad or Scotch collops appeared at dinner. The salad he associated in his mind with General Yentura, who is an Italian, and said, “I see you have Italian salad again. Ah! ah! ah! ” and the collops he said was in compliment to Mr. Fraser, who was Scotch: at dinner if this deponent was depressed, and did not eat, he would say, “ What is the reason of your not eating ? there is a reason; you cannot deny it,” or words to that effect; if this deponent laughed, he would say she was hardened; latterly, if there was music in the street at dinner time, he would say it was an insult, and desired the servants to send it away. And this deponent saith, that two or three times, about a month before the said David Ochterlony Dyce Sombre was placed under restraint, he spat Ht of the window of the carriage in passing Westminster Abbey, in order, as he told this deponent, who was with him at the time, to insult the Archbishop of Canterbury. And this deponent saith, that one day, two or three weeks before the said David Ochterlony Dyce Sombre was placed under restraint, he and this deponent saw Captain MacDonald in the Park; and the next two days, while he and this deponent were walking, the said David Ochterlony Dyce Sombre kept his eyes earnestly fixed upon the tails of an ermine cape this deponent had on, and several times muttered “ gemini ” ; before going in the second day he said, “ I’ll pull off your geminis ;” and this deponent intended not to put the ermine tippet on again, but the next day this deponent forgot and did so, when the said David Ochterlony Dyce Sombre seized hold of this deponent in the presence of her maid, and pulled off all this deponent’s geminis, as he called them, which were the tails of the ermine. And this deponent saith, the last tnree or four weeks before the said David Ochterlony Dyce Sombre was put under restraint it became very painful to walk with him, but this deponent did not like giving it up, as she thought it of consequence to his health, and used to walk in the centre path of Hyde Park, which at this season, February and March, was very retired, or otherwise in Kensington Gardens. And this deponent saith, that the said David Ochterlony Dyce Sombre fancied persons who passed were insulting him, and several times he stood in the way of persons who were walking, but further than looking at them he did nothing; and one day in Kensington Gardens, while walking with deponent in the broad walk opposite the palace, the said David Ochterlony Dyce Sombre left this deponent and went up to an empty sentry box and beat it round with his cane, and then put his arms round it and tried to lift himself to the top of it; on this occasion his manner alarmed this deponent so much that this deponent refused to go into a retired part of the Gardens with him, which he wanted her to do, and this deponent had much difficulty in getting him out of the Gardens. And this deponent saith she was fearful of danger to herself in going to his dressing-room latterly, and this deponent therefore used to desire his valet to keep close to the door while this deponent went in: on one of these occasions this deponent was greatly alarmed by the said David Ochterlony Dyce Sombre locking the door, and then looking at this deponent with a grin, and then at a drawer, which this deponent then suspected, and which it was afterwards discovered, contained his pistols ; he continued looking in this way for some minutes, when this deponent turned the key suddenly and got out of the room, making an excuse that she was wanted: and this deponent firmly believes that it would have been impossible for this deponent to have remained with him so long if she had shown fear, which it was this deponent’s study to avoid doing in order to put off the necessity of restraint to the last moment. And this deponent saith, the said David Ochterlony Dyce Sombre, in this deponent’s presence, said to Sir James Clark that he had warned this deponent to leave him ; that this deponent was the most venturesome person he had ever met with; that this deponent was remaining with him at the risk of her life, which was not worth a minute’s purchase; that he did not wish to kill this deponent, but he must do it. And this deponent saith, the said David Ochterlony Dyce Sombre was always fancying latterly that people wished to insult him, and he wrote to Sir Hume Campbell to beg he would give him satisfaction for having looked at his, the said David Ochterlony Dyce Sombre’s, hat, which, he added, his wife, meaning this deponent, had told him was meant as an insult, but this deponent was fortunately in this instance able to dissuade him from sending the note; and this deponent has repeatedly passed hours in vainly endeavouring to dissuade him from acting on the different fancies lie took up. And this deponent saith, that some time in February 1843 he told deponent 1 e had a long time previously been shown by Lady Dinorben into Lady Gardiner’s room, and had an improper intimacy with Lady Gardiner ; and at another time, that Lord Breadalbane and Lord Marcus Hill wished him to pay improper attention to their ladies, Affidavit of the Hon. Mary Anne Dyce Sombre, Affidavit of the Hon. Mary Anne Dyce Sombre. which lie declined to do; and at another time he said the Queen and Prince had been at the Clarendon Hotel for the purpose of carrying on improper intimacies with him and this deponent. And this deponent saith that the said David Ochterlony Dyce Sombre, some time in the month of March 1843, told this deponent she must fight a duel with a lady, and desired this deponent repeatedly to write to Lady Ann Beckett to fight with her, for he said this deponent must do it. And this deponent saith, that one of the persons the said David Ochterlony Dyce Sombre fancied this deponent intrigued with was Prince George of Cambridge ; sometimes he said he discovered these things by freemasonry, sometimes by necrology, and sometimes by the rules of mathematics. And this deponent saith, that at the end of March this deponent felt it indispensable, for the safety of the said David Ochterlony Dyce Sombre and this deponent, to give her (this deponent’s) consent to his being placed under restraint; and he had repeatedly told this deponent that her life was not worth a moment’s purchase; he said he did not wish to kill this deponent, but it was too strong for him, and would be done in a moment: and this deponent is informed and believes that Dr. Monro, unknown to this deponent, sent a keeper into the hotel, and what precau- tion could be taken to prevent mischief this deponent took; but this deponent had so much reason for alarm, that she never latterly went to bed without thinking it was probable she would not see another day. Apd this deponent saith, that on the morning of the March, the day on which the said David Ochterlony Dyce Sombre was put under restraint, the said David Ochterlony Dyce Sombre seized a knife from the breakfast table, and vowed he would cut off this deponent’s nose; this deponent’s Cousin, Mr. Ricketts, was with Miss Parker in the next room, and this deponent got up to run to them for protection, but he, the said David Ochterlony Dyce Sombre, pursued her; this deponent turned i-ound, and told him if he did not put the knife down she, this deponent, would ring, and have up every servant in the house, upon which he flung the knife upon the floor. And this deponent saith, that on the same evening at dinner, the said David Ochterlony Dyce Sombre ate nothing but bread and some beer, and in the evening he left the sitting-room, where Miss Parker and this deponent were, repeatedly; this deponent believed every time he came back that he would bring his pistols; he did not utter a word either at dinner or in the evening, but kept his eyes fixed on this deponent the whole time with an insane and frightful stare, keeping this deponent and Miss Parker in an agonising state of suspense till the doctors came, and the said David Ochterlony Dyce Sombre was put under the care of Dr. Domeir and two keepers. And this deponent saith, that the said David Ochterlony Dyce Sombre remained in the apartments he had previously occupied at the said Clarendon Hotel till the 11th of April 1843, when, he was removed to a suitable residence provided for him in the Regent’s Park, called Hanover Lodge. And this deponent saith, the said David Ochterlony Dyce Sombre remained at Hanover Lodge aforesaid until the 9th day of, September 1843; during this time he was constantly attended by Sir James Clark until the said Sir James Clark left London in attendance upon the Queen, when the said David Ochterlony Dyce Sombre, at his own request, wras attended by Mr. Martin, as his physician. And this depo- nent further saith, that in or about the month of June, John Rose Troup and Peter Paul Marie Solaroli, who, as this deponent has always understood and believes, had respectively married the two sisters, and as this deponent believes, the only next of kin of the said David Ochterlony Dyce Sombre, arrived in England, with their said wives, and the said Peter Paul Marie Solaroli visited the said David Ochterlony Dyce Sombre, and afterwards informed this deponent lie was perfectly convinced of his insanity ; and both he and the said John Rose Troup, as this deponent at that time was informed and believes, became very urgent to proceed to have a Commission issued for the purpose of protecting the property of the said David Ochterlony Dyce Sombre; and the said David Ochterlony Dyce Sombre, as this deponent was then informed and believes, was also anxious to have a trial, in the hope of having his confinement terminated: but this deponent saith that she, this deponent, was in hopes he would recover without the said trial being necessary, and she therefore refused her sanction to the issuing of the Commission until on or about the 27th day of June 1843, when this deponent directed that a Commission should be issued. And this deponent saith, an Inquest was held under the Commission on the 31st day of July 1843, when, as this deponent has been informed and. believes, the said David Ochterlony Dyce Sombre was found to be of unsound mind. And this deponent saith, that she was unable to agree with the said John Rose Troup and Peter Paul Marie Solaroli upon any satisfactory arrangement for the appointment of Committees of the Person and Estate, and the long vacation having intervened, no application was made for those Appointments until after the escape of the said David Ochterlony Dyce Sombre, as hereinafter mentioned. And this deponent saith that towards the autumn, no improvement having shown itself in the malady of the said David Ochterlony Dyce Sombre, and the situation of the Hanover Lodge being damp, from which the said David Ochterlony Dyce Sombre suffered, it was considered by Sir James Clark and this deponent very desirable to change his residence, and that at one time a house near the sea was thought of, and at another, a sea voyage. Travelling by land, and almost every possible plan that could afford healthful exercise, a change of scene and pleasure was deeply considered, but was suspended on account of the disinclination which, as this deponent was informed, was evinced by the said David Ochterlony Dyce Sombre, at the idea of the leaving the said Hanover Lodge. And this deponent saith, at the end of August 1843, the said David Ochterlony Dyce Sombre, who was then attended by Mr. Martin, sent a scrap of paper by him, on which was written, that this deponent’s maid was to go to him the next day early, and she brought this deponent word the said David Och- terlony Dyce Sombre wished to see this deponent the following day, but tins deponent thought it would please him more, as it did herself, to go up the same afternoon. And this deponent saith she went, accordingly, and met Mr. Martin at Hanover Lodge, and the said David Ochterlony Dyce Sombre was perfectly tranquil, and did not express any sort of emotion at seeing this deponent. And this deponent saith that Mr. Martin told this deponent he considered th'e extreme composure of said David Ochterlony Dyce Sombre, after so long a separation, as a very unfavourable symptom; and when Mr. Martin left the room, the said David Ochterlony Dyce Sombre talked most rationally for some time to this deponent, interesting himself in every way about the welfare of this deponent, as also of her said maid; but all at once he said, “ I suppose you know the Queen has offered me a peerage to hush up the business, but I have refused itand he then asked if this deponent was living with Affidavit of the Hon. Mary Anne Dyce Sombre, Affidavit of the lion. Mary Anne Dyce Sombre. Sir Frederick Bathurst, and insisted upon examining, to see if this deponent was going to have a child, as he said he would take care this deponent did not put off the child upon him. And this deponent saith the said David Ochterlony Dyce Sombre had a memorandum in his hand to remind him, to ascertain this fact. And this deponent saith, the said David Ochterlony Dyce Sombre said many other things to this deponent which are unmentionable; among others, the conditions upon which he would take this deponent back, as specified in full in Sir James Clark’s affidavit, sworn in this matter the 25th day of June instant; and she, this deponent, is enabled to explain the meaning of the initial letters contained in the paper, written in red ink by the said David Ochterlony Dyce Sombre, as mentioned in the said affidavit of Sir James Clark, as follows, that is to say, the initials A., B., and C. mean the Archbishop of Canterbury ; the initials E. J. mean this deponent’s Brother, Edward Swynfen Jervis; the initials H. P. mean Hyde Park; the initials Yisct. St. Vincent, mean Viscount St. Vincent, this deponent’s Father. And this deponent saith, the said David Ochterlony Dyce Sombre told this deponent that Lady Londonderry had sent to him to propose that he should marry her second daughter, Lady Alexandrina Vane; and he told this deponent he had seen her driving with Sir Frederick Bathurst in a carriage not this deponent’s own, but the said David Ochterlony Dyce Sombre was not the least excited or angry; he spoke of these things as matters of course; and if this deponent attempted a denial he said, “ Come, come, you know better.” And this deponent saith, she saw the said David Ochterlony Dyce Sombre at Hanover Lodge twice after this; the last time, this deponent believes, the 7th of September, and in all respects he was then the same as before. And this deponent saith, that the said Mr. Martin informed this deponent that a few days after he first attended the said David Ochterlony Dyce Sombre, with a view to induce the said David Ochterlony Dyce Sombre to travel, he introduced to him a gentleman named John Grant, who had been a medical officer in the service of the East India Company, and who was able to converse in the Eastern language, in talking which the said David Ochterlony Dyce Sombre had always much pleasure. And this deponent saith, that the said John Grant is a person of mature age, and was very highly recommended by the said Mr. Martin, who stated that the said John Grant had been his intimate friend during 25 years, as a person in every way qualified to take charge of the said David Ochterlony Dyce Sombre if’ he could be induced to travel* And this deponent saith that the said David Ochterlony Dyce Sombre having in the month of September, as this deponent was informed and believes, consented to accompany the said John Grant, it was arranged that they should set out immediately, lest the said David Ochterlony Dyce Sombre should relapse into his former disinclination of not quitting the Regent’s Park, which, as the season was now far advanced, would have created great em- barrassment. And this deponent saith that the most minute instructions were given by herself to the said John Grant for the comfort and security of the said David Ochterlony Dyce Sombre. And this deponent saith that in the month of September the said David Ochterlony Dyce Sombre quitted Hanover Lodge in company with the said John Grant, a keeper, and two servants, and proceeded to Bath, Bristol, Gloucester, Birmingham, and Liverpool, from which last-named place, very early in the morning of the 21st of the same month, he, as this deponent was informed and believes, effected his escape from the Adelphi Hotel, Liverpool, the aforesaid John Grant having exhibited throughout the excursion a total neglect of his charge, and an entire disobedience of instructions. And this deponent saith, that it having been ascertained on the said 27th day of September that the said David Ochterlony Dyce Sombre was in Paris, on the 28th September Bartle John Laurie Frere, this deponent’s solicitor, having provided himself with necessary letters to the British Ambassador at Paris, and, accompanied by a medical man and a keeper, went to Paris to endeavour to recover possession of the said David Ochterlony Dyce Sombre; but the French authorities refused to deliver over the said David Ochterlony Dyce Sombre. And this depo- nent saith, that she received a letter from the said David Ochterlony Dyce Sombre, inform- ing this deponent that he was at Paris, and one from Mr. Frere, stating that he was going to try and bring him back, by the same post; but this deponent feared the hurrying him back would be injurious to him, and this deponent wrote to ask him if she should join him in Paris; this deponent being then in Staffordshire, her Father and herself came to town, when this deponent saw Sir James Clark, and he feared that the hurrying him home might cause great excitement: and this deponent was in hopes by going herself that after a time she might persuade him to return with her; she, this deponent, wrote again, asking him, the said David Ochterlony Dyce Sombre, to allow her, this deponent, to join him; she, this deponent, having received a letter from him desiring her to remain with this deponent’s Father; and this deponent also wrote to Mr. Barlow, the commissioner to whom this matter is referred, stating her fears, and asking if she might go. Mr. Barlow’s answer was as follows, that is to say : ££ Dawlish, October 6th, 1843.—Dear Madam, I beg to acknowledge ££ the receipt of your letter. Indeed I had not previously heard anything as to the escape of ££ Mr. Dyce Sombre, except what was stated in the newspaper, and which I trusted was not “ true. The circumstances you mention shew most gross carelessness, a history of the ££ greatest neglect and disobedience of all orders, and a laying aside of all common sense. In ££ answer to your inquiry whether I can authorise you to proceed to Paris and bring Mr. ££ Dyce Sombre over, quietly and by persuasion, I can only say he ought to be brought ££ back as quickly and as much by persuasion as possible; but I have no power to authorise “ you or any one to take any particular step. I have only power (on evidence produced ££ before me, and after hearing the solicitors of all the next kin), to approve of some person ££ to be a Committee to take care of the person of Mr. Dyce Sombre, and then the custody or £‘ care of his person is granted by the Chancellor to the individual so approved, who must then, ££ according to the best of her or his judgment, do what is necessary for the safe custody and ££ comfort of Mr. Dyce Sombre, and is responsible to the Chancellor for so doing. It is however ££ necessary that Mr. Dyce Sombre should be brought back to England as soon as possible, and ££ it is also desirable that he should be put under as little restraint as can be, and that the best ££ means should be adopted for that purpose; and for that purpose sncli Committee of the ££ person should be forthwith appointed, and is the only person who can do any legal act as to his ££ custody. But as you took out the Commission, and as no Committee has yet been appointed, ££ the Chancellor would, I conceive, look to you to see that Mr. Dyce Sombre is in safe custody ££ and has the necessary comforts, and you should certainly do what is deemed desirable for ££ that end, and you require no sanction from me to go to Paris or elsewhere if it is thought Affidavit of the Hon. Mary Anne Dyce Sombre, Affidavit of the Hon. Mary Anne Dyce Sombre. “ your presence will facilitate that object; you must be guided very much in this respect by “ what you hear from Mr. Frere, who I understand is now at Paris, and by the opinion “ of medical men as to the effect of your presence. I shall by this post write to Messrs. “ Frere, stating that I have this morning heard from you as to the escape of Mr. Dyce “ Sombre, and that I am, as I have been, ready to approve of either a permanent or “ temporary Committee, but for that purpose they must bring a state of facts and evidence “ before me; and that I shall be in town on Tuesday next the 10th instant, and shall, as I “ have been, be ready to attend to any application which they may think it necessary to “ make. I was in town in the middle of September, as I intimated, and I have from time “ to time, on receiving other papers, inquired of my clerks whether the parties were ready to “ proceed with the usual inquiries as to Mr. Dyce Sombre’s matters. I proposed making “ my report before I quitted town, but the solicitors were not ready with any evidence ; and “ I stated my readiness to meet them in London at any time, and that I certainly should be “ there on the 19th of September (as I was), but I had heard nothing further on the subject “ until the receipt of your letter. It could not have been supposed that the persons under “ whose custody you (acting under the best advice) put Mr. Dyce Sombre could have acted “ with such carelessness. I ought to apologise for troubling you with so long a letter, and tc with every mark of respect believe me to be your obedient faithful servant, Francis “ Barlow” “The Honourable Mrs. Dyce Sombre.” And this deponent saiththat she was well aware of the dangers which she must encounter by placing herself within the power of her said Husband under his present afflicting circumstances, but this deponent was willing to undergo everything rather than to fail in what appeared to this deponent to be her duty to him, by contributing what might be in her power towards his relief and recovery; but the French authorities having declined to deliver up the said David Ochterlony Dyce Sombre, after this the danger no longer existed of his being brought back with undue haste, and this deponent relinquished the idea of going to Paris. And this deponent saith that some months after, having received a letter from Mr. Okey, the Counsel to the British Embassy in Paris, with whom this deponent corresponded on the subject, in which he stated that the said David Ochterlony Dyce Sombre talked of going to the baths in Germany, and suggested for deponent’s consideration her going to one of them, this deponent told him it would be too hazardous, in which he concurred. And this deponent saith that since the said David Ochterlony Dyce Sombre has resided at Paris she thought it her duty to make the best regulations in her power for the remittance of the funds necessary for his main- tenance, and for securing the proper application and administration of the same, and for pro- viding, as far as was in her power, for the welfare of her said Husband, and for that purpose this deponent continued her correspondence with the said Mr. Okey, and engaged his advice and assistance thereon, requesting he would take care that her said Husband was provided with everything that could add to his comfort and respectability. And this deponent saith that she is informed and believes, that the habits and modes of life into which the said David Ochterlony Dyce Sombre has fallen during his residence at Paris are very injurious to his health and detrimental to the prospect of his recovery, and that although the said David Ochterlony Dyce Sombre has been received occasionally into good society there, he has formed some intimacies and connexions which must be extremely disadvantageous to him, and this deponent has therefore been desirous of withdrawing him from the same. And this deponent saith that for this purpose, she, this deponent, proposed and begged of Mr. Okey to try and persuade the said David Ochterlony Dyce Sombre to travel with him, hoping that the removal from this bad society and the change of air and scene might afford the best hope of his recovery; and the reason of this deponent fixing upon Mr. Okey, whom she has never seen, wras, that he appeared to take an interest and to be sorry for the said David Ochterlony Dyce Sombre, and also that the said David Ochterlony Dyce Sombre seemed, by Mr. Okey’s letters, to have a regard for him, and therefore this deponent thought the said David Ochter- lony Dyce Sombre would willingly accompany him, and this deponent was in hopes of being able to arrange this plan; but some time afterwards Mr. Okey wrote to say he could not leave his family for so long a period; and that after the frightful language and threats he had heard the said David Ochterlony Dyce Sombre make use of, he could not expose them to anything of this sort; and this deponent believes the said Mr. Okey did not say anything to the said David Ochterlony Dyce Sombre about travelling with him. And this deponent saith she hath received letters from the said David Ochterlony Dyce Sombre from Paris, and they betray the same delusions continuously to a certain period. And this deponent is informed and believes, during the latter part of the correspondence, that pains were taken to prevent his betraying his delusions in like manner in his letters; and the correspondence ceased towards the end of January 1844 ; but this deponent is well informed and believes that the same delusions continued to the time of his leaving Paris for this Country. And this deponent saith she is firmly persuaded and convinced and verily believes, that whatever appearances of reasonable- ness and consistency the said David Ochterlony Dyce Sombre may now evince, the same cannot safely be relied upon, as evidences of a permanent re-establishment of his sanity, without due probation continued for such length of time and under such circumstances, as, in the judgment of experienced persons, may be deemed sufficient for that purpose. And this deponent saith that the said David Ochterlony Dyce Sombre possessed a perfect knowledge and understanding of the English language. And this deponent saith she scarcely ever saw any English person write with such facility and rapidity as the said David Ochterlony Dyce Sombre, and that the errors he sometimes committed in writing are wholly the result of inattention and the aforenamed rapidity with which he conveyed his ideas to paper. And this deponent saith she has annexed in a schedule to this affidavit copies or material extracts from some of the papers in this deponent’s custody, addressed by the said David Ochterlony Dyce Sombre to this deponent, which this deponent conceives to be relevant to the matters mentioned in this affidavit. And this deponent saith she constantly received letters from the said Mr. Okey and from her acquaintance in Paris detailing cir- cumstances which showed the continuance of the delusions of the said David Ochterlony Dyce Sombre. Sworn at the Public Office, Southampton Buildings, in the county of Middlesex, this 25th day of June 1844, Before me, W. Russell. M. A. Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. The Schedule to which the foregoing Affidavit refers. Madam, Paris, 24 September. Perhaps by this time you are made acquainted that I have not waited the result of the good intention of the Lord Chancellor, or of his representative, Mr. Grant, to whom, by way of remembrance from me, ask him if “ John Bull ” has his own way at all times. I gained the shores of France in less than 30 hours after leaving Liverpool, and stopping four hours in town into the bargain; such things would not have been believed by our ancestors if they had been prophesied in their time ; and in less than 15 hours again I was in eternal Paris. What are your wishes now ? Whatever they are, you must write them down, and direct your letter to the care of Messrs. Frere Laffitte, No. 1, Rue Laffitte. Of course I shall expect you not to leave your father’s roof, and now, as he can have no excuse to meet me, and give me satisfaction here, he can do so without impunity. You shall receive this on Tuesday, 26th; and I am yours truly, D. O. Dyce Sombre. Dear Madam, Paris, 12 October 1843. Mr. Frere went yesterday, and much disappointed he was, I am told, at not taking his prey back. The scrap of paper you wrote on Saturday, I only received yesterday, the 11th instead of the 9th. Who did you send it by ? for it does not bear the English post mark. I expected to have seen the person, if he is come, to give me a meeting. You must have received my last, in which I again, in answer to you, recommend your dispatching a friend. I saw your friends, Sir Hume and Lady Campbell, who could have acted for you, but they are gone; but the Ricketts are, if you choose to employ them. Mr. M. Ricketts called on Solaroli last night. You complain of not hearing from me oftener; I do not think I have not answered any of yours; if you write me every day I shall answer you, but I have nothing to say myself. You must know that I cannot speak to you of Lady M. Hill; his Lordship owes me an explanation before we can be friends again. I hope you have left town. Believe me yours truly, D. O. Dyce Sombre. My dear Madam, Paris, 24 November 1843. How is it that I have not had the pleasure of hearing from you this last week; if I have any thing to say, which of course you have the option to decide, it must be that you write me at least twice a week, if not oftener ; and, if you please, I shall name the days, and then I will be certain when I go to Laffitte’s—Tuesdays and Fridays. I enclose you a note, written to me by your “ dear friend RogersI have met him twice, and though he appointed a time for me to see him, but he was out. I have seen Mr. Broadwood, and have told him that, since it cannot be decided in any other way, I am going to put my case into the hands of the members of the Jockey Club, who will soon trot out the gentn whoever he is, before the public, if he does not behave like one. I enclosed a lock which you seemed 30 anxious to receive. I wish you would send me the Indian letters ; this is the third mail that they have withheld from me; now there you can really assist me; also the Persian seal I require so much. There are such beautiful white bonnets here, which I would wish you to send, but you have precluded me from doing these things ; you must be the best judge about yourself. I saw Lord Brougham, who desired to be remembered to you. Believe me yours truly, D. O. Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. Dear Madam, Paris, 18 November 1843. I have great pleasure in receiving your letter of Monday the 13th. I trust you have received my last. I have agreed to the proposal I made in it, of having this disagreeable affair brought to a close by the arbitration of the members of the Jockey Club in Paris. I am sure it must be your wish that this should be brought to an end without further delay. Dear Madam, Paris, 21 November 1843. I am gratified by the receipt of your two last letters, but I must insist upon this arrangement of ours coming to some kind of end. I always have said that it would be much better if it could be settled through friends; but since they will not undertake it, I think you would find the members of the Jockey Club very fair in their arbitra- tions, provided you agree to abide by their decision, as I will do on my part without hesitation. Think of this once more, and consult yourself, and not Mr. Frere, who I can detect in your last letter, as if it had been dictated by him. I must also beg your signing your full name to your letters, and not in the way you do. I am glad to hear of the arrival of the block of marbles; they must be a part of the monument; I wish you to have them taken out of the Custom-house, and placed in some conspicuous place on my account; but for heaven’s sake do not employ Mr. Frere on my behalf, at all events. Do not you call this annoying: my seal is not to be delivered to me, though a private one, but the public one, by which I can execute any deed, is with me, and no one has asked me for it; and my private letters are to be opened, thanks to you and your d d laws. Remember me to your friend Clara Burdett, and believe me yours truly, D. O. Dyce Sombre. Paris, Boulevard des Capucines, No. 23, Dear Madam, 25th November 1843. I had very great pleasure in receiving your letter last Thursday, but as there was no post yesterday going to England, or rather my letter would not have been delivered on Sunday, I have waited till to-day. From the above you will see that I have taken private lodgings, Affidavit of the Hon. Mary Anne Dyce Sombre. beautifully furnished, where you could also live very comfortably, if you could prove what I wish you to do; so you better direct your letters here now. I have also got a little room for Lake, and a small foot-stool for Fidi. I shall put this note in myself; but pray seal your own letters, as two or three of your last ones came with a blank seal, having no sort of inscription on. I wish you would send me the list of my clothes, &c., as I am very badly off with some things, such as gloves, boots, &c. I am glad you have sent the picture by Mr. Dick; I wish you had sent a few dozens of gloves also by him. I shall expect to hear from you to-morrow, and shall write you the next day; and I am yours truly, D. O. D. Sombre. The Honourable Mrs. Dyce Sombre, Clarendon Hotel, Bond-street, London. D. O. D. S. Boulevard des Capucines, (No. 23), Dear Madam, 27th November 1843. You surprise me greatly by accusing me that my letters are not so kind as you expect them to be; I am sorry to think that, for such is not my intention. The only thing that now remains for you to do is to clear up the matter, and which can only be done through private friends, or through a man of business, since you will not accede to the arbitration of the members of the Jockey Club. You ask me if my father had been a Catholic : I have told you he was not, but I was both christened and brought up as a Catholic. You also ask if Major R had ever forged the Begum’s name to any document: I do not know what you mean by it. I think I have answered all other questions put by you. Your letters are never shown. But I must again entreat your retiring to Staffordshire, and I must insist upon knowing when you go. I hear during my confinement you have paid a visit to Lady Essex : is that so ? I have written to Mr. Barlow, and I wish you would do the same, and get him to send me all the Indian letters received since my confinement. Would you prefer getting a divorce, which you can do, but I cannot. Answer me straightforwardly; would you not be more happy, you think, by living with the person whom you prefer best, either in a married state or not, just as you please. Dear Madam, Paris, 7 December 1843. I am very much obliged to you for your letter of the 4th, received yesterday, and thank you very very much for asking your father to direct it, which has convinced me of his being with you, but I had rather that you had done this the very day you had received my letter. I have one very bad piece of news to tell you, and for which I had actually a quarrel with Mr. Solaroli; he accused you publicly, at Meurice’s Hotel, in the presence of Mr. Farr, who repeated before Mr. Goldsmith Okey, and others, to what I know that you offered first of all, 400/. per annum to him; then 800/.; to Troup, 400/., and to Dr. Drever, 200/. a year to keep them quiet, and have nominal charge of my property, but to allow you 10,0001. per annum for our joint use, and the entire management of my person; and that you had contrived to get the marriage settlement made in your favour, in such a manner that if I had died without making my will, you would have been entitled to half my pro- perty in spite of the large jointure settled upon you of 4,0001. a year. So you see I knew all this, for he had told me, on our first meeting, and I kept it quiet, the first part of it, for your sake, but now it is known all over the embassy and other places; and when he showed me your letter (of which I have got the possession of), in which you write to your father to get him (Solaroli) to stuff in anything he likes in a bag of cloth, and say that those were the papers I wanted of him, and to deceive me in that manner, and get possession of my papers, I had nothing else to do but to take up my pen and ink and take his deposition before Goldsmith, who is a notary public, and have it authenticated by him, on Mr. Sola- roli’s oath. What can you say to all this ? Surely you cannot deny now that you have deceived me; and what pleasure can I have in living with you after that ? Answer me; you say you have made several proposals to me about yourself; I know of not one ; why not go to Sir F. B., where you will be more happy, and I shall be free. Answer me by return of post if you will agree to this, but your answer must be clear and distinct. It was your own friend, Mr. Broadwood, who told me about your going to Lady Essex; but I believe you when you say you had not. I have not heard of Mr. Dick’s arrival yet. Yours truly, D. O. Dyce Sombre. I have appointed other solicitors in the place of Frere, the rogue. Affidavit ot the Hon. Mary An.ie Dyce Sombre, Dear Madam, Paris, 2 December 1843. I have had the pleasure of receiving yours of the 28th November, but I have been sadly disappointed in not hearing from you this morning. I could not have written yesterday, but I wish you would tell me in your letters when you intend writing next. I see you have taken the affidavit required, to which Mr. Frere has also put his name; so you cannot have any excuse for remaining in London now, and I must beg and insist upon your returning. I am also told, and of which you must send me an explicit answer. Is Lord St. Vincent with you or not ? I am told not, though you have always persuaded me that he was. I must have an inventory of my things, as I am very badly off with some. Pray write me more explicitly of what your wishes are; you seem to go out to parties alone; this, surely, is without my knowledge or consent. Why do you not throw up the mask and appear in your own garb, and say what you intend doing. I think you will be more happy with the person of your own choice, and relieving me from my engagements. Yours truly, D. O. Dyce Sombre. Affidavit of the Hon. Mary Anne Dyce Sombre. Dear Madam, Paris, 10 January 1844. It is a very feeble excuse which you make why you did not write me last Friday, for you say you had received only one letter from me that week. Surely you could have answered that one, at all events. However, to put away further disputes on that head, I shall write you on Wednesdays and Sundays, while you are to write, as formerly agreed on, Tuesdays and Fridays. Mr. Okey was with me here just now, and read me your letter. If you send me a copy of the affidavits by Messrs. Troup and Solaroli, I shall send you all the answers you may require of me about the Begum, &c. I shall write to Count Loschi about the shawls. I do not correspond with Mr. Solaroli. I hope you have received the book and the box of bon-bons which you wrote for. I spoiled two boxes to make that one. Mr. Farr is close by you at Long’s. If you wish to see him, he will go over to you, Lord Marcus Hill has behaved any thing but what he ought to have done in the part he took of the transaction of the 29th March last, and Lady M.’s letter requires an explanation. Yours very truly, D. O. Dyce Sombre. Madam, From what I have heard of late,—in fact, I always thought so,—that you are my enemy. The situation you have placed me in is shameful. Nevertheless, I am told you are appointed committee or guardian of my person. Pretty guardian you are when you refuse the paltry sum of 80 Napoleons to pay the doctors’ bills! Now if these very doctors had decided me mad, you and your confederates would have been too glad to have paid this sum. I have heard of a letter from that man Sir James Clark to Sir Robert Chermside, in which the former upbraids the latter for not having found me insane. Your conduct, and that of your advisers, must come before the public now. How will you dare to show yourself in society after such an exposure as must take place ? I am told you have mixed in your unworthy cause several ladies, who are trying to poison the minds of their husbands. Saturday, 20th—28th October 1843. You say you have no carriage. Why is that? I would wish you to live not only respectably, but in style, if you are true to me ; but, of course, I am not going to pay for my own dishonour or your follies. M. A. Dyce Sombre. This is the Schedule referred to by the annexed Affidavit. Sworn this 25th day of June 1844, before me, W. Russell. AFFIDAVIT OF DR. DREVER. Thomas Drever, the younger, of Hillswieh, in the Highland of Shetland, m. d., maketh oath, and saith that he was formerly a medical officer in the service of the Honourable East India Company. And this deponent saith that in the year 1829 he was stationed at Meerut, in the Upper Provinces of Bengal, and in the year 1832 he went to reside at Sirdhanah, within a few miles of Meerut, as physician in the household of her Highness Zebulnissa Begum, commonly called the Begum Somroo, and continued to live there till the death of her Highness in January 1836. And this deponent saith that shortly after he went to Meerut he made acquaintance with the said David Ochterlony Dyce Sombre, who was at that time a young man about 21 years of age, living in the palace of the said Begum: and this deponent has been informed and believes that the said David Ochterlony Dyce Sombre was the Son of George Alexander David Dyce, who was the Son of a British officer, and that the Mother of the said David Ochterlony Dyce Sombre was Juliana Reynard, the Daughter of Louis Reynard by a Miss Lefevre, which said Louis Reynard was styled in India Nawaub Zuffer-y-Caub Kheen, and was the Son, by a Rajpoot Lady, of Walter Reynard, a German by birth, surnamed Sombre, the Husband of the said Zebulnissa Begum. And this deponent saith that during the whole of the time he resided at Meerut and Sirdhanah, and until the said David Ochterlony Dyce Sombre left India in the year 1838, he, this deponent, was upon the most intimate and friendly terms with the said David Ochterlony Dyce Sombre, and became perfectly acquainted with his habit of feeling, thinking, and acting. And this deponent saith he always understood and believed that the said David Ochterlony Dyce Sombre was educated by the Reverend Mr. Fisher, a clergy- man of the Church of England, a chaplain in the said Company’s Bengal establishment, who was living with his wife, an English lady, and a large family of children at Meerut, and this deponent understood and believes the said David Ochterlony Dyce Sombre spent some time of his boyhood chiefly in the family of the said Mr. Fisher. And this deponent saith her said Highness the Begum was very fond of the said David Ochterlony Dyce Sombre, and treated him as her son. And this deponent saith that as the said David Ochterlony Dyce Sombre grew up he gradually took a part in the management of the affairs of the said Begum, and at last, in the year 1834, she formally ceded to him all her possessions, and adopted him as her heir. And this deponent saith that her Highness the Begum’s income was very large; she maintained an army, and was absolute in her dominions; and she lived in a style of regal splendour. And this deponent saith that the society in which the said David Ochterlony Dyce Sombre moved was chiefly composed of the European civil and military servants of the said East India Company, at Meerut and Delhi, and others, and the language usually spoken amongst those admitted on terms of equality, except with her Highness herself, was principally English, and the manners much the same as those of English people in India; and the said David Ochterlony Dyce Sombre usually wore the Affidavit of Dr. Drever. Sworn 24th June 1844. Affidavit of Dr. Drever. European dress, and did not wear tlie native dress more than many Europeans in India are in the habit of doing. And this deponent saith that the said David Ochterlony Dyce Sombre’s natural abilities were very good, although not much cultivated, and he was master of the English, Persian, and Hindostanee languages, and was much used to and very careful and methodical in business. And this deponent saith that the said David Ochterlony Dyce Sombre was by no means quarrelsome or ready to take affront, and his disposition was mild and liberal. And this deponent saith he never observed any signs of strong, credulous, or superstitious feelings in the said David Ochterlony Dyce Sombre. And this deponent saith the said David Ochterlony Dyce Sombre was formerly remarkable for the absence of jealousy in regard to women. And this deponent saith that even the British residents in India who cohabit with the native women, are in general extremely particular and jealous in excluding their friends, however intimate, from the Zenana, or women’s apartments; but this deponent saith that the said David Ochterlony Dyce Sombre was remarkably indifferent on this point, and during a time when he cohabited with a native woman, he freely admitted this deponent and other friends into the Zenana. And this deponent saith that upon the death of her said Highness the Begum, the said East India Company took possession of her territory, and the said David Ochterlony Dyce Sombre, after arranging his affairs in India, and travelling for a short time in the East, left India for England in the year 1838, confiding by power of attorney the arrangement of his affairs to Peter Paul Marie Solaroli, who had married one of his Sisters, and to this deponent, and Major Sleeman. And this deponent did not interfere materially in such arrangement, and after- wards left India on his own affairs, and in the month of July 1840 arrived in London, where the said David Ochterlony Dyce Sombre also arrived from the Continent a few days afterwards. And this deponent immediately saw, and was frequently afterwards in company with, the said David Ochterlony Dyce Sombre, and continued with him on the same intimate and confidential terms as formerly. And this deponent saith that the said David Ochterlony Dyce Sombre immediately told this deponent of his intended marriage with Mary Anne, his now Wife, the Daughter of Viscount St. Vincent, and appeared very desirous that it should take place, but there was then some impediment; but this deponent did not know the nature of such impediment precisely, but generally understood it related to the mode in which the children were to be educated, in consequence of the said David Ochterlony Dyce Sombre being of the Roman-catholic, and the said Mary Anne Dyce Sombre of the Protestant persuasion. And this deponent saith that in or about the month of August following the said David Ochterlony Dyce Sombre introduced this deponent to Lord St. Vincent and his daughter. And this deponent saith that on the said Viscount St. Vincent conferring with deponent on the subject of the said intended marriage, he, this deponent, gave it as his opinion, as he then, from his previous knowledge of the said David Ochterlony Dyce Sombre had every reason to expect, that such marriage was likely to promote the happiness of the said David Ochterlony Dyce Sombre, and of his intended Wife. And this deponent saith he was present when the said David Ochterlony Dyce Sombre gave instructions to his solicitor, Mr. Bartle John Laurie Frere, for the settle- ment on his intended marriage. And this deponent saith that such instructions proceeded entirely from the said David Ochterlony Dyce Sombre, and the said David Ochterlony Dyce Sombre was particularly pointed in his direction that he was to have nothing to do with Mrs. Dyce Sombre’s own fortune, which was to be dealt with entirely as she and her friends thought fit. And this deponent saith that the said David Ochterlony Dyce Sombre, in speaking to this deponent afterwards on the subject of the said settlement, said that he had made a large provision for his wife, that his son might be in some measure dependant on his mother, which was requisite, as he was to be brought up as a Roman-catholic. And this deponent saith the treaty for the said marriage was afterwards broken off; but this deponent does not believe that it was on account of any disinclination or want of affection on the part of the said David Ochterlony Dyce Sombre, for he always appeared to be very sincerely attached to the said Mary Anne Dyce Sombre. And this deponent saith the said marriage took place eventually on or about the 26th day of September 1840, in the presence of this deponent. And this deponent saith that during the whole of the transaction, as far as this deponent witnessed it, the said David Ochterlony Dyce Sombre appeared to be in the full possession of all his faculties, and perfectly master of himself, and to understand clearly what he was about; and never uttered a word which could lead this deponent to suppose he had any doubt or suspicion as to the good conduct or character of the said Mary Anne Dyce Sombre. And this deponent believes that from his intimacy with the said David Ochterlony Dyce Sombre he, the said David Ochterlony Dyce Sombre, would have told this deponent had he then entertained any such suspicion. And this deponent saith that on their marriage this deponent promised the said David Ochterlony Dyce Sombre and his Wife to join them at Naples, and spend the winter with them there; but this arrangement was prevented by Mrs. Sombre’s being taken unwell on the Continent, which obliged them to return to London in the end of 1840. And this deponent then saw them frequently at the Clarendon Hotel, in Bond-street, dining with them often, and accom- panying them to the Theatre. And this deponent saith, from everything which he saw, he was led to believe that David Ochterlony Dyce Sombre and his Wife were happy together, and he was most kind, affectionate, and indulgent. And this deponent saith that on David Ochterlony Dyce Sombre’s marriage, he committed some boxes to his, this deponent’s charge, which were left along with deponent’s own boxes, in the house of this deponent’s Uncle, Dr. Drever, senior, in Park-street, where this deponent also resided for a short time, in the early part of October 1841. And this deponent saith that on the said Dr. Drever, senior, giving up the house and going to reside in the country, this deponent went along with him, intimating beforehand to the said David Ochterlony Dyce Sombre the circumstance, and the said David Ochterlony Dyce Sombre in consequence then removed his boxes. And this deponent saith the said Lord St. Vincent did use an Hotel in Park-street, but never during the short time this deponent resided in that street. And this deponent saith he shortly afterwards left London and went to reside in Shetland, having visited the said David Ochterlony Dyce Sombre at Lord St. Vincent’s, at Meaford, on his way, and found him apparently very happy with his Wife. And this deponent saith that the first indication he had of any change in the temper and disposition of the said David Ochterlony Dyce Sombre was in the postscript to a note, dated Paris, the 24th November 1841, he Affidavit of Dr. Drever. Affidavit of Dr. Drever. received from the said David Ochterlony Dyce Sombre, such postscript being in the words or to the effect following, viz.: “ I particularly desire and beg of you to go to the Clarendon kindly, and look for my iron chest that is kept there, and see if it is all right; do not call me suspicious, but do it. Ask for Lord Combermere’s picture, that ought to be at the same place, and the map of Hindostan; but of course your object would be to see the iron chest in reality.” And this deponent saith that he received a letter from the said David Ochterlony Dyce Sombre, dated Birmingham, 24th December 1841, stating that he, the said David Ochterlony Dyce Sombre, was very anxious to have seen the deponent before he left town, and had called on him three or four times, and wished to speak to him, this deponent, very much. And this deponent saith, he afterwards received a letter from the said David Ochterlony Dyce Sombre, dated the 28th December 1841, to which the said David Ochterlony Dyce Sombre begged a reply by to-morrow’s post, appointing to meet this deponent at Bir- mingham ; and the said letter proceeds in the following words; (that is to say) “ What I “ wish to say to you is this, which of course is in confidence, Lord St. Vincent and I are two “ different people, and as I said to you before, that you cannot be a friend to us both at the same “time. Now I know you to be a man of honour. Let me ask you candidly if your uncle’s “ going to Clifton has anything to do with Lord St. Vincent, or any of his friends, for you “ must clear my mind on the subject, otherwise I feel very uneasy. Of course every one has “ a right to look after its own interest, but then let it be clearly understood so. One day, and “ that I believe will be very soon, you will know the reason why I wish it.” And this deponent saith, he believes the said letter was intended to have been delivered to this deponent at Cheltenham, where this deponent had gone by appointment to meet the said David Ochterlony Dyce Sombre, but that it was returned to the said David Ochterlony Dyce Sombre, who forwarded it to this deponent at Edinburgh in a letter, dated the Clarendon Hotel, 1st January 1842. And this deponent saith, he immediately wrote to the said David Ochterlony Dyce Sombre to assure him, as the fact was, that Dr. Drever’s, this deponent’s Uncle, going to Clifton was in no way whatever connected with Lord St. Vincent, his family or con- nexions, but wholly and solely on account of his, the said Dr. Drever’s, Wife’s health. And this deponent added a wish, that he could as easily remove the many other impressions which seemed to pass across the said David Ochterlony Dyce Sombre’s mind, and urged him to open his mind to this deponent, adding that deponent had been a good deal disappointed at seeing so little of Mrs. Sombre and the said David Ochterlony Dyce Sombre, and that he thought that this was his, the said David Ochterlony Dyce Sombre’s fault, as this deponent had been generally well And this deponent saith, he received an answer from the said David Ochterlony Dyce Sombre, dated the Clarendon Hotel, 6th January 1842, in which the said David Ochterlony Dyce Sombre said he had received this deponent’s letter, and rejoiced to hear that his, this deponent’s, uncle’s going to Clifton had no connexion with the said Lord St. Vincent, or any of his family. And this deponent saith, the said letter continued in the following words: “ Believe me, circumstances that have occurred to myself “ have made me so sensitive that I have no wish that any of my friends should have anything “to say to both of us (that is, to his Lordship and myself,) at the same time, while for “ motives of their own, they would not scruple to make me their tool; and however fine you “ may Imagine, and lucky for me to have made such a connexion as his Lordship; but the less “ I open my lips on the subject the better. You commit yourself when you talk of my good “ dinners; I never boasted of them; but I do not deny that I am the person who wishes “ neither you, nor any of my friends, to come too often to me, for reasons of my own ; not that “ I am not aware that you are welcome to the houses of many families of the highest respec- “ tability. You, from good nature, can put up with insults, but this I cannot do, nor can see “ my friends be subject to it, though they may be directed from titled persons. I repeat to “ you here, that you were grossly insulted the day you met the Duchess of Leeds here, and “ though she was more known to me through Lord and Lady Stafford than to Mrs. D. S., ye:j “ my Indian blood would not allow me to put up with slights; but no more of this for the “ present.” And this deponent saith, that he is totally ignorant of having received any slight from the Duchess of Leeds, or any other person at the apartments of the said David Ochter- lony Dyce Sombre. And this deponent saith, he received another letter from the said David Ochterlony Dyce Sombre, dated the Clarendon, 11th January 1842, in the words, or to the effect following; (that is to say): “ Private.—My Dear Drever, I received yours of the “ eighth, yesterday, and I grieve to see from it that the impressions Lord St. Vincent and his “ family are anxious to give to my friends have unfortunately taken its effects upon you, for I “ have never been in the enjoyment of better health than I am at present, thank God; though “ you say that my mind must be affected, for I take fancies, as you are pleased to style my “ sufferings. I would be very glad to see you indeed, and to open to you my mind, but it “ must be on two conditions, and unless you agree to both pray do not come; one of these “ conditions would be secrecy, of course, even from your Uncle or any other person whatever ; “ and the other your sacred word of honour that you are capable and will carry me through “ the business without shrinking, for it must and will end in a duel, though it may be ten years “ hence. Write me this promise and come ; otherwise I better go to a priest and confess to him “ my sins and iniquities, and at all events he will pronounce his absolutions. Now if you begin “ to lecture and moralise me you better not write me at all, and I will understand you, or if “ you do not wish to mix yourself up in this affair there is no necessity for you doing; you “ are not obliged ; but if you wish to come forward as a friend, I was never in want of one “ more than I am at this present moment; but I tell you beforehand, it is a duty affair, though “ people of the highest titles are concerned in it. If you do come, let me know beforehand, and “ pray do not go to your own lodgings, but alight at an hotel, where you must see me “ only, and nobody else; this must be a promise. There is a very nice quiet hotel behind “ Portland-place, and I believe called the Portland Hotel, where I could come and see “ you. Recollect it is much better to die with honour than to live in dishonour. Write me “ a reply with a composed mind; I am as cool as a cucumber; and believe me yours “ sincerely, D. O. Dyce Sombre.” And this deponent saith, he wrote and sent to the said David Octherlony Dyce Sombre a reply in the words, or to the effect following; (that is to say): “25, Royal Crescent, Edin., 13th January 1842. My dear Dyce, I received your “ letter of the 11th instant this morning, and its contents grieve me not a little. I shall “ make my arrangement, and hope to be in London by Wednesday at furthest; but whether “ my coming can be of any use to you is quite impossible forme to form any idea. In regard Affidavit of Dr. D rever. Affidavit of Dr. Drever. “ to tlie first condition, it would be an easy matter, as hitherto anything connected with your “ affairs entrusted to me has been confined to my own breast. In regard to the other, it is “ utterly impossible for me to give an opinion or make any promises. I most certainly would “ not allow you to submit to anything that an honourable man could be ashamed to own, but “ I must be the judge how far you are right in the ground you have taken up; and when “ anything of the kind has taken place, it is usual to state circumstances to the friend, and to “ be guided by his cooler judgment what steps ought to be taken. I most certainly shall deponent should be sworn; and this deponent having been accordingly re-sworn for his satis- faction, he immediately asked this deponent whether ihe Ball at the Clarendon Hotel had not taken place as he, the said Lunatic, had imagined, to which this deponent replied in the negative. And this deponent saith he continued to attend the said Lunatic till the 28th day of August, when this deponent left London, in attendance upon the Queen ; and Mr. James Ronald Martin was appointed to attend the said Lunatic in this deponent’s place. And this deponent saith, that up to the last time he saw the said Lunatic there was no amendment in his state of mind. And this deponent further saith, that on the 17th day of June instant, at the request of the Committee of the Estate of the said Lunatic, he, this deponent, in company with Dr. Monro and Dr. Conolly, visited the said Lunatic at his lodgings in Half Moon-street, Piccadilly, in presence of Dr. Southey and Dr. Bright, the physicians appointed by the Lord Chancellor, for the purpose of ascertaining the present state of mind of the said Lunatic. And this deponent saith, that after a long examination this deponent found that the said Lunatic is still of unsound mind, and labours under the sanm delusions as he was under before and at the time of executing the Commission last year: and more particularly, this deponent saith that the said Lunatic again affirmed that the Earl of St. Vincent had told him that a servant had had connexion with his Wife, who is the said Earl’s Daughter, at Dover, before her marriage, and that she had herself told him, the said Lunatic, that she had received men, from her Father down to Tradesmen ; and the said Lunatic explained distinctly that by receiving men, he meant the having criminal connexion with them ; and the said Lunatic also insisted that he was told (but declined giving the authority), that his Wife had danced in an opera ballet before her marriage. And this deponent saith, that on such last-mentioned examination the said Lunatic admitted that the conditions upon which he would receive back his Wife were a duel of three fires with Sir Frederick Bathurst, and that he, the said Lunatic, should have connexion with her in Hyde Park, and that he should take her back from thence on horseback; he first said that it should be on a roan horse, but afterwards said that he should not insist upon that point: the said Lunatic further observed, that he did not know what he might have been driven to do to Mrs. Dyce Sombre; and he admitted it to be his belief that medicine had been put into his food to injure him. He stated that this deponent had advised him to call out Sir Robert Peel; he admitted that he had dined on an apple and porter, in order to stop the Queen's Levee, and that when he afterwards heard that the Levee had nevertheless been held, he had thrown a decanter of wine through the window ; he further insisted that the Acts of the House of Commons Affidavit of Sir James Clark, m. d. Affidavit of Sir James Clark, m.d. ought to be null and void, in consequence of his confinement: he would not admit that he ever had any belief in Spirits, and endeavoured to explain what had occurred on that subject, by referring it to the circumstance of the guardians having come into his room in the Regent’s Park and disturbed him. He denied that he had at any examination in Paris expressed any opinion of Mrs. Dyce Sombre different from that which he had now given. And this deponent saith that the whole bearing and demeanor of the said David Ochterlony Dyce Sombre, and the statements which he made, and the expressions which he used during the last-mentioned examination, afforded, in the judgment of this deponent, ample proof of his mind being still possessed with all his old delusions. And this deponent saith that he is of opinion that the said David Ochterloey Dyce Sombre, without being in any degree cured of his delusions, is quite capable (in the absence of evidence to contradict him) of dissem- bling his delusions, and of inventing plausible stories to explain and account for them to strangers. And this deponent saith that the manners of the said Lunatic, so far as this deponent has witnessed them, were in general remarkably quiet and self-possessed for ordinary purposes and occasions, having no relation to the delusions which possessed him, and that the same appear calculated to prepossess strangers in favour of Avhat he said, and even to induce a belief that his extravagant ideas were not so totally destitute of foundation as they might first appear to be, and as they would have proved to be on a more intimate knowledge. And yet this deponent saith that during all the time this deponent has attended him his mind has been, and still is, possessed with such continuous rooted and dangerous delusions as, in this deponent’s judgment, must and do render him, the said David Ochterlony Dyce Sombre, notwithstanding the faculties which he possesses, decidedly incompetent to the management of himself and his affairs. James Clark. Sworn at the Public Office, Southampton Buildings, Chancery Lane, London, this 21st day of June 1844, Before me, N. W. Senior. AFFIDAVIT OF DR. CONOLLY. John Conolly, of Hamvell, in the county of Middlesex, Doctor of Medicine, Physician to the Hanwell Lunatic Asylum, maketh oath and saith that he visited the above-named David Ochterlony Dyce Sombre professionally repeatedly during the months of February, March, April and May 1843, and that he this deponent was well acquainted with the nature of the disease of the said Lunatic, and signed the certificate for putting him under restraint on the 30th day of March 1843. And this deponent saith he hath carefully read a printed copy of a paper referred to in an affidavit sworn in this matter on the 6th day of January 1844, by Edgar Smith, purporting to be a copy of the report made by Doctors Behier, Bouneau and Chermside as to the state of mind of the said David Ochterlony Dyce Sombre, and copies or briefs of the several affidavits hereinafter mentioned, respectively made in this matter, and sworn on the several days hereinafter mentioned, that is to say, two several affidavits of Etienne Luc Bertin, m.d., sworn respectively the 5th and 8th days of January last. The affidavit of Felix Voisin, sworn the 6th day of January last. The affidavit of Robert Verity, m.d., sworn the 4th day of January last. The affidavit of Joseph Francis Olliffe, m. d., sworn the said 4th day of January last. The affidavit of Marie Andre Ferrers, m.d., sworn the 6th day of January last. The affidavit of Jean Pierre Fabret, m.d., sworn the 9th day of January last. The affidavit of Alexander Marie Alfred Vallot, sworn the 6th day of January last. The affidavit of John Newing, sworn the said 6th day of January last. Two several affidavits of Lewis Goldsmith, sworn respectively the 8th and 29th days of January last. The joint and several affidavit of Major Sir Henry Robartes Wyatt, Captain Henry Collier, Alexander Roper, Lieutenant Carlos, Arthur Henry Rum- bold, Francis Walsh, and James Edward Jerningham, sworn the 13th day of January last. The affidavit of Warren Hastings Anderson, sworn the 27th day of January last. The affidavit of Frangois Louis Schrader, sworn the 27th day of January last. The affidavit of Pierre Charles Huguier, m.d., sworn the 3d day of February instant. The affidavit of Edgar Smith, sworn the 3d day of February instant, and a certain paper marked (A.) therein referred to. The affidavit of George Freer Holland, a major-general in the East India Company’s service, sworn the 4th day of February instant. The affidavit of Antoine Bryard, sworn the 30th day of January last. The affidavit of Louis Lassieur Brequet, sworn on the 30th day of January last. Two several affidavits of Henry Martin, sworn respectively on the 1st and 4th days of February instant, and the affidavit of Le Baron Felix Fieullet de Conches, sworn the 1st day of February instant. And this deponent saith, that having attentively read and considered the said several documents, he, this deponent, saith that there is nothing stated in any or either of them inconsistent with the continued existence in the mind of the said David Ochterlony Dyce Sombre of the dangerous delusions with which he was affected during the whole time of this deponent’s attendance upon the said David Ochterlony Dyce Sombre, and at the time when the Commission was held concerning Affidavit of Dr. Conolly. Sworn 9 th Feb. 1844. Affidavit of Dr. Conolly. him, the said David Ochterlony Dyce Sombre ; for this deponent saith that the said David Ochterlony Dyce Sombre was at that period capable of exercising control over his words and actions in matters relative to ordinary business, and, to a certain extent, even relative to his delusions, under the influence of a desire to obtain some advantage over those who had the care of him or who attended him. And this deponent saith he is of opinion that the hope of setting aside the Commission would enable the said David Ochterlony Dyce Sombre to exercise all the control over himself exemplified in the said several documents, without any abandonment of his delusive notions. And this deponent saith, that with respect to the said printed paper, with reference especially to the passage in the second page thereof, concerning the calmness with which the said David Ochterlony Dyce Sombre replied to parts of the examination touching on the most delicate subjects connected with his delusions, it is to be observed that calmness upon such subjects more nearly resembles the insensibility of an unsound mind than the indications of an abandonment of delusions, which the said David Ochterlony Dyce Sombre undoubtedly at one time was afflicted with, and that nothing is said of any avowal being made of such delusions having existed, and having been given up. And this deponent saith, that in the same paper it is remarked, that Mr. Dyce Sombre entertained a susceptible, and almost punctilious respect for Mrs. Sombre, which a man does not entertain for a woman who has deceived him; but this circumstance, in the opinion of this deponent, merely exemplifies an actual characteristic of the malady of the said David Ochterlony Dyce Sombre, and an inconsistency such as is only observed in an unsound mind, because this deponent says the said David Ochterlony Dyce Sombre did in reality entertain the most extravagant suspicion of the fidelity of his said Wife. And this deponent further saith that it is to be observed, that of all the medical deponents, Dr. Huguier alone states, that during the whole period from the 15th of October 1843 to the 3d of Feb- ruary 1844, Mr. Dyce Sombre was labouring under bodily illness, abdominal inflammation and bronchitis, requiring Dr. Huguier’s attendance three times a week. And this deponent saith that it would appear therefore that an examination of the bodily symptoms constituted no part of the examination of the other physicians who have testified to his perfect sanity, an omission which, in the opinion of this deponent, indicates an imperfect investigation of the circumstances on which their decision should have been founded. J. Conolly. Sworn at the Public Office, Southampton Buildings, Chancery Lane, in the county of Middlesex, this 9th day of February 1844, Before me, Wm. Horne. SECOND AFFIDAVIT OF DR. CONOLLY. John Conolly, of Hanwell, in the county of Middlesex, Doctor of Medicine, Physician to the Hanwell Lunatic Asylum, maketh oath and saith that on Monday, the 17tli day of June instant, he, this deponent, visited the said Mr. Dyce Sombre, and conversed with him for some time, in company with Sir James Clark and Dr. Monro, and in the presence of Dr. Southey and Dr. Bright, and on that occasion, in answer to observations made and questions put by this deponent to Mr. Dyce Sombre, it appeared that all his former impressions respecting the infidelity of his Wife remained in his mind, but with some change in the objects of his prin- cipal suspicions, his jealousy being now rather fixed on Sir Frederick Bathurst than on Mr. Montgomery, and also on Mr. Fraser (deceased); and he exhibited much irritation on being asked if he had not written kindly to her, and invited her to go to him in Paris. And this deponent saith that several questions were put to Mr. Dyce Sombre by Dr. Monro and Sir Janies Clark, in answer to which he acknowledged that he conceived his food had been jioisoned when he was at Hanover Lodge, and that he believed Madam Dyce Sombre to have been extensively and notoriously profligate before marriage, giving as his authorities her Father, Lord St. Vincent, and herself. He acknowledged that he had dined one day on an apple, thinking it would occasion a Royal Levee to be put off, and that he was much sur- prised and very angry when he found that such result had not followed; that he considered the Acts of Parliament null, in consequence of his case not being considered; that he might possibly have shot Madam Dyce Sombre, if he had not been secured, or, more probably, would have challenged her; and that he thought Louis Philippe had latterly been less polite to him, in consequence of the Duchess of Kent’s influence. And this deponent saith that in acknowledging these extravagances, Mr. Dyce Sombre did not speak of them, or appear to think of them, as if he was now in a sounder state of mind than formerly, or as if he had become sensible of their having been mere delusions. And this deponent saith that Mr. Dyce Sombre did not, on this occasion, as he had done formerly, persist in considering this deponent to be an agent of the East India Company; and he also now denied that he had ever believed in the suggestions and influence of Spirits, whose advice he thought he ought to follow ; and he denied having sent a memorandum to the said Sir J ames Clark, containing the conditions on which he would again receive Madam Dyce Sombre, but on the memo- randum being produced, he acknowledged it to be his writing, and read it with expressions of approval; and being questioned as to the proposition formerly made by him, to refer the question of his Wife’s infidelities to the Jockey Club, and as to his conduct towards Dr. Elliotson, he refused to enter into those subjects at all. And this deponent saith that Second Affidavit of Dr. Ccnolly. Sworn 21st June 1844. Second Affidavit of Dr. Conolly throughout this interview the whole manner of Mr. Dyce Sombre, his opinions and expres- sions, convinced this deponent, and this deponent doth verily believe, that his mind continues unsound, and that his delusions have a tendency to violent and dangerous actions. J. CONOLLY. Sworn at the Public Office in Southampton-buildings, Chancery-lane, in the county of Middlesex, this 21st day of June 1844. Before me, N. W. Senior. AFFIDAVIT OF DR. MONRO. Affidavit of Dr. Monro. Sworn 12th Feb. 1844. Edward Thomas Monro, of Harley-street, in the County of Middlesex, m. d., Physician to JBcthlem Hospital, maketh oath and saith, that he attended the said David Ochterlony Dyce Sombre several times in the month of February 1843, and again saw him in July 1843, and is well acquainted with the nature of the insanity of the said David Ochterlony Dyce Sombre as it then existed. And this deponent saith, he has had submitted to him a printed statement of an examination which is alleged to have taken place into the mental state of the said David Ochterlony Dyce Sombre, in Paris, before the Prefect of Police, on the 13th day of October 1843; and also various affidavits made by a great variety of per- sons, physicians, acquaintances of the said Dyce Ochterlony Dyce Sombre, shopkeepers, his valet, and the master of the hotel where he lodged for some time in Paris. And this deponent saith, he hath given to the said statement and affidavits his earnest attention and consideration. And this deponent saith, that the case of the said David Ochterlony Dyce Sombre was very strongly marked in July last, and wore a very settled and determined character; it was pregnant with the seeds of much risk and danger to Mrs. Dyce Sombre, from the peculiar nature of the delusions under which he distinctly laboured with reference to her and her supposed want of conjugal fidelity. And this deponent saith, he never wit- nessed a more glowing picture of pure insanity than was displayed by the said David Ochterlony Dyce Sombre, when this deponent visited him in the month of February. And this deponent saith, that impressions of this description, which have taken deep root and have gradually gathered head, are not easily eradicated, however they may be apparently in abeyance under the temporary influence of some very urgent motive for suppressing them. And this deponent saith, he can well believe that examinations may be conducted by skilful physicians, and may not after all detect a latent delusion, such as that of the said David Ochterlony Dyce Sombre, especially when under the disadvantage of examining a patient who under- stands imperfectly, and cannot express himself in the language they speak, and when a thousand minute shades of difference may unintentionally be thrown round the replies by the difficulty of interpretation. And this deponent saith, the cunning and power of conceal- ment possessed by many insane persons is very great, and they become aware, after a time, of the points respecting which they are considered defective, and display a very wonderful tact in eluding a very rigid investigation. And this deponent also saith, that the belief of the said David Ochterlony Dyce Sombre in his delusions is so great, and his manner at times when conversing of them so calm, that a person unacquainted with the true state of the case might be very readily persuaded that what the said David Ochterlony Dyce Sombre says is true, although in fact the mere creations of his fancy. And this deponent saith, that the affidavits in question bear testimony to the good manners and gentlemanly deportment of the said David Ochterlony Dyce Sombre, and state that he plays a good game at whist; conducts himself with propriety at dinner and at the theatre; that he never appears embarrassed or disturbed by the questions put to him; that he can choose a watch, his clothes, or a cabriolet, and settle an account, and is prudent and careful in the expenditure of money, and does not suffer himself to be overcharged. And this deponent saith, these powers of mind, if they may be so termed, are all perfectly compatible with insanity, and are continually found to exist in persons confessedly of unsound mind. And this deponent saith, that in the case of Lord Portsmouth, which excited so much attention 21 years ago, many properties and accomplishments of this nature were proved and admitted, but did not weigh against proof that his Lordship was unsound in mind in other respects. And this deponent saith, such capabilities of mind may exist in a man in whom there are at the same time existing all such morbid impressions, and ungrounded hallucinations, as totally to inca- pacitate him for the duties of life, in a large point of view; warp his better judgment in important matters, the disposition of property and regulations of his family affairs, and render him dangerous to the life and safety of those dearest to him. And this deponent saith, the said David Ochterlony Dyce Sombre is possessed of very pleasing manners, a mild demea- nor and gentlemanly deportment. And this deponent can easily believe that he may win the regard of those who witness his afflictions, and that their better judgment may be dazzled by exterior and superficial qualities. And this deponent saith, that his own opinion, therefore, as a medical man of considerable experience in cases of insanity, would be scarcely influenced at all by witnesses of the last-mentioned description. And this depo- nent saith, the mental condition of the said David Ochterlony Dyce Sombre has been recently from his, this deponent’s, own observation, very unsound and fraught with dan- gerous tendencies, and he therefore feels it to be very important that great care be taken in order to arrive at a just conclusion as to his present condition. Edward Tiios. Monro. Affidavit of Dr. Monro. Sworn at the Public Office, Southampton Buildings, Chancery Lane, in the county of Middlesex, this 12th day of February 1844. Before me, R. Richards SECOND AFFIDAVIT OF DR. MONRO. Second Affidavit of Dr. Monro. Sworn 21st June 1844. Edward Thomas Monro, of Harley-street, in the county of Middlesex, m. d., maketh oath and saith, that on the 17 th day of June instant, he, this deponent, by direction of the Committees of the said Lunatic, and by special order of the Lord Chancellor, in company with Sir James Clark and Doctor Conolly, visited the said David Ochterlony Dyce Sombre at his residence, No. 16, Half-moon-street, for the purpose of inquiring into and ascertaining his present state of mind. And this deponent saith, that such inquiry was conducted in the presence of Dr. Bright and Doctor Southey, physicians, appointed by the Lord Chancellor to visit the said Lunatic, and the same lasted above an hour. And this deponent saith, that the said Lunatic exhibited all the same species of delusions which this deponent had witnessed in him in 1843. And this deponent saith, in particular, that the said Lunatic, being ques- tioned on the subject of the supposed infidelity of his Wife, stated that Lord St. Vincent, his Wife’s Father, had told him that she had received a valet before her marriage, meaning, as he afterwards explained, that she had done so criminally and incontinently, and that she herself had owned that she had received men in like manner, from her Father down to Shop- men. And this deponent saith, that the said Lunatic further stated, that pernicious things had been put into his food at the Clarendon Hotel and at Hanover Lodge, meaning, as this deponent understood, in 1843, that such things were administered to him for the purpose of producing impotency, and giving no different interpretation on this occasion, although the term impotency was not now employed. And this deponent saith, that a letter, written by the said Lunatic in 1843, containing a challenge to Sir Robert Peel, having been produced by Sir James Clark to the said Lunatic, the said Lunatic justified it by saying that, as he could not obtain justice from inferior authorities, he thought it right to demand it from the higher. And this deponent saith that the said Lunatic, being questioned by Sir James Clark why he had thrown his Wife’s ring into the fire, he justified it, saying, she could have no use for it, meaning, as deponent understood, that her infidelity disqualified her from wearing it. And this deponent saith, that the said Lunatic justified his acts of violence towards his Wife, which he said would be in proportion to the proofs of her mis- conduct, and that he might have gone great lengths in proportion to the amount of his discoveries, or used expressions to this effect. And this deponent saith that several parties were named to the said Lunatic, as having been objects of his suspicions, as to their having had criminal intercourse with his Wife; and he was asked to state the grounds of his sus- picions. And this deponent saith the said Lunatic did not deny his suspicions, but appeared to be unable to give, and that he did not, in fact, give any reasonable explanation of the same whatever. And this deponent saith that a paper was referred to by Sir J ames Clark, which had been written by the said Lunatic, and which had been given into Sir James Clark’s possession on a former occasion, containing several conditions upon which the said Lunatic would receive his Wife back again, the contents of which were of a very wild and incoherent nature. And this deponent saith the said David Ochterlony Dyce Sombre did not admit that he had given the said paper to Sir James Clark, insisting that the said Sir James Clark had taken it, but he admitted that it did contain the terms upon which he would receive his Wife back ; and one of such conditions was in terms expressly admitted as intended to convey a suggestion that she should submit to his having carnal connexion with her publicly in Hyde Park, and ride home on horseback. And this deponent saith that the said Lunatic, being questioned as to his violent conduct towards Dr. Elliotson in 1843, declined to answer, because he said there was no proof of it before the parties then present; and he also declined, for the same reason, to explain what he meant by a proposal contained in a letter written by him to his Wife, from Paris, that their differences should be referred to the Jockey Club. And this deponent saith that the said Lunatic said that His Majesty Louis Philippe had changed his conduct towards him, the said Lunatic, from the time of the Duchess of Kent’s arrival in Paris, and that he suspected the Duchess of having influ- enced the King against him. And this deponent saith he is firmly convinced that the said Lunatic is still of unsound mind, and labouring under delusions which incapacitate him for many of the ordinary duties and relations of life, and render him highly dangerous. And this deponent saith that the present state of the said David Ochterlony Dyce Sombre is in this deponent’s judgment, a state of decided and undoubted insanity. Edward Tiios. Monro. Second Affidavit of Dr. Monro. Sworn at the Public Office, Soutliampton-buildings, Chancery-lane, in the county of Middlesex, this 21st day of June 1844, Before me, N. W. Senior. AFFIDAVIT OF DR. ELLIOTSON. John Elliotson, of Conduit-street, in the county of Middlesex, Doctor of Medicine, maketh oath, and saith, that towards the end of the month of February 1843, a card, with the name of Dyce Sombre upon it, was left at his, the deponent’s, house in Conduit-street aforesaid, and on the following day, on the Sunday, this deponent was told by his servant that the gentleman who had left the card was in the dining-room. And this deponent saith he went into the room, and saw a dark looking man, who this deponent afterwards found was the said David Ochterlony Dyce Sombre, but who was at that time a perfect stranger to this deponent. And this deponent saith the said David Ochterlony Dyce Sombre said, “Are you Doctor Elliotson?” And this deponent saith he told the said David Ochterlony Dyce Sombre that he was Doctor Elliotson, and invited him to be seated; but the said David Ochterlony Dyce Sombre said again, “ Are you Doctor Elliotson ? ” to which this deponent replied as before; the said David Ochterlony Dyce Dombre, however, again repeated, in a still more peremptory manner, “ Are you Doctor Elliotson ? ” to which this Affidavit of Dr. Elliotson. Sworn 21st June 1844. Affidavit of Dr. Elliotson, deponent replied, “Yes, I am Doctor Elliotson; what is your business with me?” And this deponent saith the said David Ochterlony Dyce Sombre said, “ You know what I come for to which this deponent replied, “ No, indeed I do not; I never saw or heard of you before; how can I know what you come for.” And this deponent saith the said David Ochterlony Dyce Sombre said, “You do know very well;” and, after a pause, added abruptly, “ Give me more of the society of my Wife.” And this deponent said, “ How can I do that; I do not know the ladythe said David Ochterlony Dyce Sombre repeated, “ Let me have more connexion with my Wifeand this deponent replied, “ I do not know even the lady’s name ; what was it before her marriage ? ” And this deponent saith the said David Ochterlony Dyce Sombre said that his Wife’s maiden name was Devisne, but immediately corrected himself, and said it was another name, which this depo- nent has forgotton. But this deponent saith that he is quite positive the name was not Jervis, which he had since been told was Mrs. Dyce Sombre’s maiden name. And this deponent saith that, after some moments’ recollection, he, this deponent, said, “ I have never known any lady of the names mentioned.” And this deponent saith that the said David Ochterlony Dyce Sombre said a little more, showing that he conceived this deponent to have some power over his said Wife, and said that this deponent had mesmerized him, or her; and then he said, “ You shall fight meto which this deponent replied, that he could not without some cause. And the said David Ochterlony Dyce Sombre said again, “ Yes, you shall fight meand thereupon this deponent opened the door to let the said David Ochterlony Dyce Sombre out of the room. And this deponent saith the said David Ochterlony Dyce Sombre turned round before the servants in the hall, having a stick in his hand, saying, “ I will insult you before your servants, and you must fight me.” And this deponent saith that he had no previous acquaintance whatever with the said Lunatic, or with his Wife, and had no communication of any kind with either of them. And this deponent saith that the manner of the said David Ochterlony Dyce Sombre, during the extraordinary interview above detailed, was very excited, and in all respects that of an insane person. And this deponent saith, that shortly after this interview, a gentleman named Ricketts called, on the part of the friends of the said David Ochterlony Dyce Sombre, to warn this deponent that the said David Ochterlony Dyce Sombre had purchased pistols. And this deponent expostulated with the said Mr. Ricketts on the impropriety of leaving the said David Ochterlony Dyce Sombre at large. And this deponent lastly saith that, speaking as a medical man of considerable experience, he has no hesitation in stating it as his opinion that, at the period above referred to, the said David Ochterlony Dyce Sombre was dangerously mad, and unfit to be entrusted with the management of himself and his affairs. John Elliotson. Sworn at the Public Office, Southampton-buildings, Chancery-lane, in the county of Middlesex, this 21st day of June 1844. Before me, N. W. Senior. Affidavit of JAMES RONALD MARTIN, Esq. James Ronald Martin, of No. 71, Lower Grosvenor-street, Grosvenor Square, in the county of Middlesex, Esquire, formerly a Surgeon in the service of the Honourable East India Company, on their Bengal Establishment, and late Presidency Surgeon of Calcutta, in the province of Bengal, but at present on the retired list of surgeons on pension, and now and for some time past practising as a consulting surgeon in London, maketh oath and saith, that he, this deponent, is acquainted with the above named David Ochterlony Dyce Sombre, who was introduced to this deponent in or about the year 1838, then residing in Calcutta, by letter from Major-General Cartwright, then commanding at Delhi, and that in consequence thereof he, this deponent, occasionally saw the said David Ochterlony Dyce Sombre in Calcutta. And this deponent further saith, that having been professionally called upon to attend the said David Ochterlony Dyce Sombre towards the latter part of August 1843, in consequence, as this deponent was informed, of his, the said David Och- terlony Dyce Sombre’s then medical attendant, Sir James Clark, having been obliged to leave town, and of the wish expressed by the said David Ochterlony Dyce Sombre that deponent should attend him, he, this deponent, repeatedly visited the said David Ochterlony Dyce Sombre at his then residence, at Hanover Lodge, Regent’s Park, on various days, as this deponent believes, on and between the 28th day of August and the 17th day of Sep- tember 1843. And this deponent saith, the said David Ochterlony Dyce Sombre acquainted this deponent that his Wife, Mary Anne Dyce Sombre, had been unfaithful both before and after marriage, and related other circumstances connected with her, in a manner which convinced this deponent that the said David Ochterlony Dyce Sombre was not of sound mind. And this deponent saith that Charles Edward Trevelyan, Assistant Secretary of Her Majesty’s Treasury, brought to this deponent a draft of a memorial, which he, the said Charles Edward Trevelyan had presented to the Directors of the East India Company, praying that Board to interfere in order to obtain the liberation of the said David Ochter- lony Dyce Sombre, whom the said Charles Edward Trevelyan conceived to have been improperly confined. And this deponent saith, that to afford the said Charles Edward Trevelyan an opportunity of judging of the true state of the case, he, this deponent, took him to visit the said David Ochterlony Dyce Sombre at Hanover Lodge. And this deponent saith, the said David Ochterlony Dyce Sombre and Charles Edward Trevelyan conversed together for a considerable time, in a manner which would not have led any one to suppose that the said David Ochterlony Dyce Sombre was insane. And this deponent saith, that this deponent, after a time, asked the said David Ochterlony Dyce Sombre if he did not wish to consult Mr. Trevelyan on his private affairs; and thereupon the said David Ochterlony Dyce Sombre said that he did, and then informed the said Mr. Trevelyan that Mrs. Dyce Sombre, his Wife, had had carnal connexion with her Father, Lord St. Vincent, and that he, the said Lord St. Vincent, had confessed it to the said David Ochterlony Dyce Sombre; and the said David Ochterlony Dyce Sombre was proceeding in his narrative and remarks, but the tone, and manner, and nature of this communication appeared to be suffi- Affidavit of J. R. Marlin, Esq. Sworn 24th June 1844. Affidavit of J. R. Martin, Esq. cient to convince Mr. Trevelyan that the said David Ochterlony Dyce Sombre was not sane, and the said Mr. Trevelyan soon after left the room with this deponent, saying to the said David Ochterlony Dyce Sombre, he feared he could be of no use to him. And the said Mr. Trevelyan afterwards informed this deponent he should withdraw his memorial to the East India Company. And this deponent saith that during his acquaintance with the said David Ochterlony Dyce Sombre in India, he was not aware that the said David Ochterlony Dyce Sombre was affected by any unnatural or insane prejudice or jealousy. And this deponent further saith, that on one occasion the said David Ochterlony Dyce Sombre stated to the deponent that a Peerage had been offered to him, the said David Ochterlony Dyce Sombre, by Sir James Clark, on the part of Her Majesty, if he, the said David Ochterlony Dyce Sombre, would agree to take no notice of his Wife’s delinquencies; but this offer he, the said David Ochterlony Dyce Sombre, declared that he had declined. Some persons, he said, thought very little of such matters, but he, the said David Ochterlony Dyce Sombre, thought a great deal of them. And this deponent saith that on another occasion the said David Ochterlony Dyce Sombre made it a condition of permitting his Wife to call at Hanover Lodge, that this deponent should first call upon Sir Frederick Bathurst to fight a duel with the said David Ochterlony Dyce Sombre, this deponent being requested to be the said David Ochterlony Dyce Sombre’s second on the occasion. And this deponent saith, that for this challenge the said David Ochterlony Dyce Sombre alleged as a reason that Sir Frederick Bathurst had long been in the habit of carrying on a criminal conversation with his, the said David Ochterlony Dyce Sombre’s, Wife, and that on one occasion the said Sir Frederick Bathurst had lived with her for three days. J. R. Martin. Sworn at the Public Office, Southampton Buildings, Chancery Lane, in the county of Middlesex, this 24th day of June 1844, Before me, S. Duckworth. Report of Dr. BRIGHT and Dr. SOUTHEY. My Lord, London, 24 June 1844. In the matter of Mr. Dyce Sombre we have to report to your Lordship that we have had several interviews with that gentleman, and been present while he has been examined by various physicians. Although it is probable that he is now much better than he was at the time the Commis- sion issued, we are of opinion that Mr. Dyce Sombre still labours under certain delusions, which influence his conduct and conversation, and consequently, cannot at present be considered of sound mind. We have the honour to be, To the Lord High Chancellor, Your Lordship’s faithful Servants, &c. &c. &c. J. Bright. H. H. Southey. LORD LYNDHURST’S JUDGMENT, On hearing Mr. Dyce Sombre’s first Petition for a Supersedeas of the Commission of Lunacy. 8th August 1844. The Lord Chancellor.—This case was argued at very great length at the Bar, and a great quantity of evidence, consisting of affidavits and documents, was laid before the Court, in support of the allegations on the one side and the other. I have read and considered them with that attention which the importance of the subject appeared to me to demand. It is a question with respect to which I have felt much inierest and anxiety, not merely on account of its relation to the interests of the individual whose soundness of mind is the subject in question, but also because it is supposed that the decision of this Court, or rather the verdict of the jury upon the Commission issued under the authority of this Court, was at variance with the opinion expressed by those medical persons, men of great skill and science, who, under the authority of the Prefect of Police, made a report with respect to the state of Mr. Dyce Sombre’s mind in the month of December, in Paris. Two questions, main questions, have been argued on this occasion, and I think very properly argued: the first question is, whether Mr. Dyce Sombre ever was of unsound mind; whether the finding of the jury upon the inquisition as to the unsoundness of his mind can, in fact, upon the evidence, be supported; and in the next place, as a second and material question, whether, supposing him to have been of unsound mind at that period, he has recovered his self-possession, and is at this moment of sound mind, or whether he is in a state fit to be entrusted with the management of his affairs, and with the care of his own person. Those are the two main questions which have been agitated and discussed in the course of this extended inquiry. With respect to the first question, it is material, in consequence of the observations which were made in the course of the argument at the Bar, to advert for a few moments to the history of this gentleman. He is of Asiatic origin, with a mixture of European blood in his veins; he was descended, I think, from a gentleman who was a German by birth, in conse- quence of a connexion with a native woman; he was either the Grandson or the Great Grandson, as I collect from the affidavit of Dr. Drever, of that gentleman; he was connected by marriage with the Begum Somroo, in consequence of which he was taken into her family, brought up in her Zenana, and became a favourite with her. At an early period of life he appears to have been sent, for the purpose of education, to Meerut, a distance of a few miles from the residence of the Begum; he was there entrusted The Lord Chancellor’s J udgment. 8th Aug. 1844, The Lord Chancellor’s Judgment. to the care of a Mr. Fisher, the chaplain to the East India Company, and in their service. That gentleman had a wife and family of children; and he lived with them for a period of four years, or about that time. He was educated by Mr. Fisher, and he appears to have profited by that education, for he writes English with great precision and accuracy, and although blunders may occasionally be detected, they are blunders resulting from the haste with which his letters are apparently written. I have conversed with him, and the witnesses who have given their evidence have also conversed with him, and I find that, although he has a hesitation in his manner, he speaks, and, as I think, understands the English language very accurately. Such is the history of this gentleman. When he came to mature age he was entrusted by the Begum with very considerable authority, and ultimately she gave up her Dominions to him, and he was appointed her Heir. During this period he associated principally with English people, with the civil and military servants of the East India Company, who resided at Meerut and its neighbourhood; he wore the English dress, became familiar with English manners, and on the death of the Begum in the year 1836 he removed to Calcutta, where he resided for about a twelvemonth, still continuing the society of the English residents of that place. He came to Europe in the year 1838, passed some of his time in England, went to the Continent, remained there till the year 1840, having come here, I believe, in the year 1839, but having gone back again to the Continent, and in the year 1840, in the month of September in that year, the marriage between him and Mrs. Dyce Sombre took place. He appears therefore to have been educated to a considerable extent in English manners, to have become acquainted with the English language, with the habits of European society, and although an Asiatic by birth, and in a great degree by descent, it cannot to any extent, I think, be considered that he was not acquainted with the character of society and the manners of society in Europe. Having stated this, I must, on the other side, say that it is quite clear that one of the prejudices, or one class of opinions, existing among Asiatics appears to have taken deep root with him, namely, the feeling of jealousy with respect to female connexion: it displays itself during his courtship with Mrs. Dyce Sombre in a very strong way ; it displays itself in particular circumstances, evidenced in a manner too clear to admit of dispute. He had a strong feeling of jealousy, a deep-rooted feeling of jealousy, which it was impossible, I apprehend, in consequence of his early habits and associations, to get rid of and to eradicate. It is not for me to say anything with respect to the prudence of the connexion; it is not a question before me. After the treaty had gone on for a considerable time, Mrs. Dyce Sombre, having originally rejected his offers, accepted him for her Husband. He was dissatisfied with her conduct in going out to parties with her Father, unaccompanied by himself, and he evinced his jealousy in a variety of ways, so much so that it made such a deep impression on the mind of the lady that she broke off the con- nexion, in consequence of which he went abroad. He went, I think, to Vienna; she expected that he would return; he did not do so; she wrote a letter, that letter brought him back, and the negotiation, the treaty, was renewed; she again accepted him as her Husband. Some dispute took place with respect to a point of considerable delicacy, namely, the educa- tion of the children. It had been originally agreed that the Boys should be educated in the Catholic Religion, the Girls in the Protestant. He insisted ou another term, which was that if there were no male descendants, the Girls should be educated in the Catholic Religion. She considered this a breach of the engagement they had entered into, and she again broke off the connexion. He was amazingly irritated at this, tore up the licence, and expressed himself in the strongest terms, and sent a challenge to Lord St. Vincent. Two days afterwards he repented of what he had done ; he sent a letter expressing his contrition in the strongest terms, and apologising for his conduct. The affair was arranged, and the marriage took place. Such is the history of the case up to the time of the formation of this connexion. Almost immediately afterwards they went abroad. They went abroad with the intention of passing the winter in Italy. They went in the first instance to Brussels. Mrs. Dyce Sombre there became extremely ill; she was not able to leave her house for a period, I think, of about eight weeks, during the whole of which time he behaved to her with the utmost kindness and affection; and from the time of the marriage up to this period he was incessant in his atten- tions. They seem to have been much devoted and strongly attached to each other. It was found impossible to prosecute the original intention of going into Italy ; the physicians opposed it, and she returned to London. They went to the Clarendon Hotel; they there saw various society during the winter, and remained in London on the same footing, and on the same terms, up to the month of April. She discovered nothing whatever to lead her to suppose that there was anything of infirmity in his mind. She knew of his jealousy previous to her marriage, and the same feeling continued after the marriage: he said there could be no true love without a mixture of jealousy; but neither before nor after the marriage, up to this time, had there been the slightest indication, according to her apprehension, of any thing like infirmity or unsoundness of mind. In the month of April they left London for the purpose of paying a visit to Strathfieldsaye, to Meaford, and I believe the Marchioness of Hastings, at Donnington Park. The first thing that occurred to awaken her alarm was a circumstance which Mrs. Dyce Sombre mentions in her affidavit, in the carriage. She was looking for a volume of “Lodge’s Peerage;” she asked for it, and it could not be found. “ Oh,” he said, “ I took it into Bond-street, and held it out to the passers by; several persons looked at me, and did not take the book, but at last a person took it, and walked away with it.” She was astonished at this statement, and alarmed, and agitated, but of course she took no notice of it; it, however, made a deep impression on her; she could not conceive in what this had originated. They went on to Meaford, and from Meaford they went to Donnington Park; they were received by the Marchioness of Hastings, and stayed there two or three days. On the day when they quitted he made, what he called, a confiden- tial communication to the Marchioness: he stated to her that his Wife had been a very pro- fligate woman, and had had intercourse with all kinds of persons, both before and after her marriage. Lady Hastings was anxious to undeceive him; she said she was an intimate friend of hers, that she had known her long, that there was not the slightest foundation for the imputation; but her endeavours were all in vain. She communicated this to Mrs. Dyce Sombre, which of course increased her alarm and her anxiety. They returned to Meaford, to her Father’s. Nothing particular passed for a day or two. One day after dinner, when the family were assembled at table, he repeated what he had said to the Marchioness of The Lord Chancellor's J udgment. Hastings, and said that Lord St. Vincent and Lady St. Vincent knew of it all, and had encouraged her in it. This, of course, produced great agitation, and a scene of much expos- tulation and remonstrance, and he signed a paper, but with great reluctance; with apparent reluctance he signed a paper, stating that what he had said was incorrect. She was anxious to get to London; they returned to London; Dr. Chambers was sent for: medical attendance w as required, and for a little time things went on as usual. In the course of the summer they went to Worthing. At different periods in the interval he had broken out with some violence, renewing his accusations. At Worthing the excitement became more intense, and he charged her with great bitterness, and with great violence, of misconduct both before and after marriage. They returned to London from Worthing; they mixed in society ; her life was rendered unhappy by his acts of violence, and the accusations made against her, but still they went on mixing in society. They dined with a large party at Mr. Quintin Dick’s, I think it was in the month of July in that year; he was much pleased with the society there, and told her to invite such of the company as she pleased, to meet them at their box at the theatre on the following night. She accordingly invited several persons, and amongst others a Mr. Montgomery, with wrhom she was slightly acquainted, and she asked Mr. Montgomery to bring his sister with him, as she was not of the party. Nothing further took place: I mention this because this is an occurrence to which reference was afterwards made. The party assembled, according to the invitation, at the theatre: the evening passed off agreeably; Mr. Montgomery did not continue in the box during the whole of the evening, but he returned, and handed her to her carriage, and there the matter terminated. A short time afterwards they received an invitation to dine with Captain and Mrs. Rous ; they went there, and in passing near the house of Captain Rous there was a hole in the street, in consequence of some workmen being employed either on the gas pipes or the sewer, or in some other way; he took some general notice of it, but nothing particular, and they went to the dinner: the dinner passed off as these things usually do, and they returned home. The autumn had now approached, the season for quitting London, and they determined on going abroad, and passing the winter at Paris, after making a tour to Berlin. Mr. Dyce Sombre seemed in very good spirits at that time; everything was going on well and smoothly; he enjoyed his journey extremely; but on his approach to Berlin he suddenly said, “ I feel that I am going mad, and that I shall die in a madhouse.” At that time there was great alarm felt. When he arrived at Berlin he behaved with extreme violence, charged her with having had connexion with various persons of every description, both before and after her marriage; said that she had deceived him; that she had been an opera dancer. He admired the skill and talent with which she had concealed the fact, and considering the nature of the life that she had led, that she had such ladylike manners, or something to that effect. He stated that all this was known to her Father and Mother; that they encouraged it; that they abetted it, and that they profited by it. These were words that he over and over again repeated, conducting himself towards her with the greatest possible violence. She wished to have a physician; he said that he would not have a physician till they got to Paris. She hastened the journey, and they went to Aix-la-Chapelle. Up to that period he had never mentioned the name of a single person on whom the accusation lighted, or who The Lord Chancellor’s Judgment. was the particular object of suspicion; but on arriving at Aix-la-Chapelle he said, “ I have hit on the man; it is either the Duke of Wellington or Mr. Montgomery; you shall tell me which it is, and I will fight himand then the same degree of violence went on as before. I am stating these facts contained in the affidavit of Mrs. Dyce Sombre, and it must be so understood. I am merely at present stating the facts as contained in the affidavit of Mrs. Dyce Sombre. She represents these facts, and they are contained in her affidavit. They left Aix-la-Chapelle, and proceeded on their route to Paris, and on their arrival there went, as strangers frequently do, to dine at the Palais Eoyale at some restaurant, and they took a walk to the Rue de Richelieu, and the next day he charged her with having assigna- tions at both places: he charged her with carrying on an intrigue with the Due de Nemours, and a correspondence with him; and though they had intended to pass the winter at Paris, he insisted on immediately returning to London. He said somebody had opened his iron chest at the Clarendon Hotel. He wrote a letter, and ordered a special messenger to be sent, for the purpose of taking that letter to Dr. Drever, a friend of his, whom he had long known in India, and with whom he had been very intimate. Mrs. Dyce Sombre persuaded him at length not to do that, but to send it by post, as they were on the point of returning themselves to London. That letter requested Dr. Drever to go to the Clarendon Hotel, and examine into the fact; to make a pretence that he came to look at the portrait of Lord Combermere, or something to that effect; but he says, “ The real point is the chest; look to that; do not think I am suspicious, but do what I require.” Dr. Drever, when he received that letter, was amazingly surprised ; he did not know what he meant; he had uncomfortable feelings with respect to it; and whether he did or did not do what was required, does not, I think, appear from the affidavits. They arrived in London, and on their arrival in London Dr. Chambers was sent for, and medical advice was administered. During this journey he adverted to the circumstances that had taken place on those two visits to which I have referred: he insisted that his Wife had criminal intercourse with Mr. Montgomery on the night in question when they went to the theatre. He said the hole in the street, on the day when they went to dine with Captain Rous, was a hole made on purpose to catch and destroy him. He said Mr. Montgomery was concealed in the house; that a place was kept for him at the table; that he did not appear, but that he was concealed in the house, and had had crimininal conversation with his Wife. These facts he repeated over and over again, and insisted upon them as realities. The state in which they were now living attracted the attention of their friends, particularly Lord Marcus Hill, who tried to persuade him that he was labouring under delusion with respect to the conduct of his Wife, and that he was unjust to her; that her character was quite different from that which he had supposed her to assume; that they were mere delusions; and their friends thought it right that there should be some meeting of mutual friends with the trustees; that he should attend and state what his charges were, what were the grounds of his suspicions; that they should examine into them, and express their opinion with respect to them, and he undertook to be bound by the decision. The meeting accordingly took place. He stated what his charges were; he stated this affair with respect to Mr. Montgomery, the dinner at Captain Rous’, the hole in the street; that Lord St. Vincent had told him that his Daughter, before marriage and after The Lord Chancellor’s Judgment. The Lord Chancellor’s J udgment. marriage, had been the most profligate of women, and had criminal intercourse with persons of every description. He was asked to substantiate this: he stated something vague and unconnected, amounting to nothing; and the result was, that they signed a certificate stating their opinion with respect to these charges, and their opinion with respect to their character. That document has been referred to, and which perhaps it is proper I should read: “We, the undersigned, having given our patient attention to the various statements this day brought before us by Mr. Dyce Sombre, as tending in his mind to criminate his Wife, have come to the unanimous decision that the statements have no foundation in any fact whatever, but seem to us to have originated in a mere phantom, arising, no doubt, from ignorance of the manners and habits of European society; and we feel it due to the con- duct and character of his Wife solemnly to declare, that the investigation to which we have attended with the utmost impartiality, has fully convinced us of her entire innocence and purity. We further feel ourselves entitled to expect that this result of our deliberation shall have the effect of dissipating such illusions for the future, and that the conduct of Mr. Dyce Sombre towards his Wife shall be such as shall be in unison with that ardent affection, admitted by himself to be entertained by him towards her, and with the regard and respect justly due to an innocent and devoted Wife.” With respect to that ardent affection there is no doubt he had for her the greatest possible affection ; that it constantly happened after these fits of violence, he would beg her pardon, and sometimes went down on his knees, and said he was sorry for having given her uneasiness; and though he was satisfied of the impropriety of her conduct, still he could not help loving her as strongly as ever. Dr. Drever was one of the persons present, and a party to this paper; he declined to sign it on account of this expression, “ but seem to them to have originated in a mere phantom, arising, no doubt, from ignorance of the manners and habits of European society.” He said he could not persuade himself to sign it, because he could not ascribe the circumstances to that cause; he said he was afterwards persuaded to sign it from a suggestion, that its being signed by the parties present would tend to tranquillize his mind, and put an end to the unpleasant situation of these parties. He accordingly did sign it. He says Sir Francis Burdett, he believes, refused to sign it, for the same reason, and Sir Francis Burdett does not seem to have signed the paper. The parties present were Lord Combermere, Lord Marcus Hill, Mr. Fitzherbert, Lord St. Vincent, Dr. Drever, and several other of their friends. He said he had agreed to be bound by their decision, and he must, of course, submit to it, but he said it would ever remain there, pointing to his forehead; he submitted, but he was not satisfied. A short time afterwards, he met Mr. Montgomery driving in the street; he was on foot himself, and he rushed to the cabriolet and endeavoured to stop it; he did not how- ever succeed. Mr. Montgomery drove on, and on this being communicated to Dr. Chambers, who was attending him, he required some further medical assistance; some person con- versant, as he said, with nervous disorders. Dr. Seymour was called in; he refused the responsibility, in consequence of which Dr. Sutherland was consulted. It is quite clear, therefore, wdiat Dr. Chambers thought, at that time, was the nature and character of* his malady. About this time, towards the autumn of the year, I think it was, that General Ventura arrived in London, a name well known in the history of the East; he was an old friend, a man of a certain age, and an intimate friend of Mr. Dyce Sombre. They were at that moment setting out for Dover; they stopped, had some conversation with him, and they proceeded on their journey. He was so anxious to see General Ventura, on account of his intimacy with him, that he left his Wife at Dover, and came up to town; he returned again to Dover, and after a few days they came to town again. General Ventura was still at the Clarendon Hotel, the hotel which they frequented; they all remained together for about three or four days. Mrs. Dyce Sombre then went to her Father, at Meaford, in Stafford- shire. Mr. Dyce Sombre accompanied her by the train as far as Stafford, leaving General Ventura and his Daughter at the Clarendon Hotel; he returned to Town immediately, and he remained with General Ventura until that gentleman embarked for India, which took place in the course of a few days. I mention this circumstance, with respect to General Ventura, because it is to be referred to at a subsequent period. Nothing interrupted their harmony; they were old friends, old associates, and his object in returning to Town wras to remain with General Ventura and his Daughter till they embarked for India; he did so accordingly. The parties determined to take a tour in the autumn; a tour to the Lakes, and to Scotland. They proceeded as far as Edinburgh, and the tour was extremely agreeable; nothing unpleasant passed; this gentleman, Mr. Dyce Sombre, was in extremely good spirits, and particularly good health; but the thing was entirely changed on their leaving Edinburgh; his delusions again returned; he had seen in the paper an account of the mar- riage of Mr. Montgomery; he was very much irritated, very violent during the journey; and they went on to Inverary, to the Duke of Argyle’s. He insisted that Mr. and Mrs. Montgomery were there, as part of the company. I believe they had gone to the Continent, and nothing would pacify him. There is a remarkable echo at this place, and on a hill. I think there is a cannon planted for the purpose of giving effect to that echo; the cannon was fired for that purpose one morning; he insisted it was fired in compliment to the marriage of Mr. and Mrs. Montgomery; he was irritated and dissatisfied. They went on to Taymouth and Inverness; everything that was unpleasant passed during that journey, the same words were repeated, the same violence was resorted to. At Inverness, Mrs. Dyce Sombre called in the assistance of Dr. Fraser; he conversed with Mr. Dyce Sombre, and heard what was stated; he said he was clearly insane, and advised her immediately to return to London; that it was very hazardous her continuing the journey, and he recommended her to go to London as speedily as possible. It was at Inverness that he charged her with criminal intercourse with General Ventura; he said, “ When you went down to Meaford, when I accompanied you to the station at Stafford, General Ventura followed in the same train, and you carried on an intrigue with him at your Father’s house.” She did all she could to disabuse him and to dissipate those delusions, but he was so possessed with it that he sat down and wrote a letter, a challenge to General Ventura; he sent that challenge up to Town to his agents, Messrs. Frere & Forster, desiring them to forward it immediately to General Ventura; to send it by a special messenger: “ You will find him at Paris; if he has left Paris, go on to Marseilles; if he has left Marseilles, pursue him to Malta, to Egypt, and, if necessary, to Bombay; it is a matter of the greatest importance; you will find him at The Lord Chancellor’s Judgment. The Lord Chancellor’s Judgment. Bombay, because I know he must remain there a few days.” Mr. Frere did not of course send the message ; it was to require General Ventura immediately to come to England, in order to give him satisfaction for his conduct towards his wife. Again, they met Mr. Fraser in the street, an old friend of Mr. Dyce Sombre, whom he had known in India, with whom he had been intimate; he lived eight miles from Inverness, but he happened to be at Inver- ness when they were there, and they met him accidentally in the street. Mr. Dyce Sombre scarcely spoke to him; when they got back to the inn, he said, “ You carried on an intrigue with Mr. Fraser ; I do not know whether it was before or after marriage, but I will show you how I will find out, and he asked her whether it was before or after marriage.” She tried to undeceive him, and found it impossible. He said, “ I will know by this; I will desire him to come over here to-morrow (Sunday), and he will either come before or after church, and it will govern my decision as to whether your intercourse was with him before or after marriage.” Accordingly he wrote that letter, inviting him to come over, and sent a special messenger with it, a distance of eight miles. Mr. Fraser came the next day after church ; he was introduced into the room; conversed with Mrs. Dyce Sombre ; Mr. Dyce Sombre, during the whole of the period, observing him -with great attention. When he got up to go away, he made a motion pointing to the stairs, and then Mr. Fraser took his leave. Then Mr. Dyce Sombre said “ It was after marriage.” “ Did you not see how I insulted him by pointing the way to his going down stairs; if he is a gentleman he will send me a challenge.” Shortly afterwards, in consequence of the earnest solicitations of Dr. Fraser, they quitted Inverness, and proceeded to London; he was extremely violent at different periods on that journey; he could scarcely be prevailed upon to get into the carriage, or get into the train; when at the station he burst out into violent attacks upon her, and at last they arrived in London. On their arrival in London she sent for Dr. Chambers and Dr. Sutherland; they attended him for some time. He wrote a challenge to Mr. Montgomery ; Mr. Montgomery was at that time on the Continent; he sent to Colonel Wyndham, whose Daughter Mr. Montgomery had married, and desired him to forward it. Mrs. Dyce Sombre wrote privately a note to Colonel Wyndham mentioning this circumstance, and of course the letter was not forwarded. Colonel Wyndham said if he had not received that note he should have had him put under arrest. He wrote to the Queen saying that he was willing to give up his claims on the East India Company; he sent the letter to the Queen, and the receipt was acknowledged by Mr. George Anson. He sent a challenge to Sir J. Lushington, the Chairman of the East India Company, to do what he considered just; he sent a similar letter to Sir Richard Jenkins, a Director of the Company; he stated that a regiment at Dublin had given a treat, a dinner, in honour of him, on account of his conduct with respect to the East India Company; the Queen was so much pleased with it that she desired a chair to be kept vacant for him whenever he chose to come to her Palace. It is material I should state from the affidavits themselves some passages which it would be difficult for me to communicate in any other way. Mrs. Dyce Sombre, in her affidavit, says, “ That he was at times very violent; several times he kicked deponent out of bed; and sometimes he held her against the wall for a long time together, threatening this depo- nent, and calling her by horrible names; and sometimes he seized deponent by the throat, and said he would strangle her, but generally became very sorry afterwards, and said although she had behaved improperly, yet it was unpardonable of him to treat her so, and would then load her with caresses for ten minutes or sometimes an hour after; something would come across him, and he would begin again, and said that he would kill himself or deponent, and put an end to his misery; that he did not wish to murder deponent; that he should be very sorry, but it was too strong for him, and that he could not help it. Those threats were repeated constantly from the beginning till towards the end of February. He several times spoke at night of which wray it would be best to destroy deponent, whether by smothering her with a pillow or stopping her mouth, so that no mark of violence should be found on deponent.” She says “ That tor several weeks afterwards deponent put out of sight, in her bed room, all knives and dangerous weapons, and the servant, into whose room the alarm bell rung, received by deponent’s orders repeated instructions to be on the watch, and to come up the moment he should hear it ring.” Then she says in another part, “ That she was fearful of danger to herself in going to his dressing room latterly, and deponent therefore used to desire his valet to keep close to the door while deponent went in. On one of these occasions deponent was greatly alarmed by Mr. Dyce Sombre locking the door, and then looking at deponent with a grin, and then at a drawer, which deponent then suspected, and which it was afterwards discovered, contained his pistols; he continued looking in this way for some minutes, when deponent opened the door suddenly and got out of the room, making an excuse that she was wanted. Deponent firmly believes that it would have been impossible for deponent to have remained with him so long if she had shown fear, which it was depo- nent’s study to avoid doing, in order to put off the restraint to the last moment.” Says “ that Mr. Dyce Sombre, in deponent’s presence, said to Sir James Clark that he had warned deponent to leave him; the deponent was the most venturesome person he had ever met with ; that deponent was remaining with him at the risk of her life, which was not worth a minute’s purchase; that he did not wish to kill deponent, but that he must do it.” He believed he was visited by Spirits ; two Spirits, one of a benevolent character, the other of a character directly opposite; he awoke her in the night, and showed her the Spirit, and seized her, for he said that was the only way to prevent its coming back again. Another night he alarmed her by pointing out the other Spirit, and said “ Do you not see him there; ” and described its appearance. Then he laid hold of her for the same purpose, with the same object, and held her for many nights in succession, in order to prevent their being disturbed by the repetition of such appearance; he said that the malignant Spirit had desired him to murder her, and the other Spirit had interposed, and said he must not do it. He said the Spirit had desired him to shave off his eyebrows ; she answered him and said, “ Will it not do if you shave off a part; will not that satisfy him ? ” He said “Perhaps it will do,” and he shaved off a part of each eye- brow ; he afterwards shaved off the whole. He sent a challenge to Sir Hume Campbell; Sir Hume Campbell had looked at his hat; that was the ground of it; and he said it was an insult. The letter was intercepted, but it is in evidence. One morning he took up a knife, followed her round the room, and threatened to cut off her nose, saying, “If I do not do more I will cut off your nose.” She attempted to run into the adjoining room, in which Mr. Ricketts and Miss Parker were, but turning round suddenly, she said, “ I will The Lord Chancellor’s Judgment. The Lord Chancellor’s Judgment, ring the bell, and call up every servant in the house, if you do not lay down the knife.” It had the effect which might naturally be expected, assuming the fact to be as it is supposed, that he was not in his right mind ; such an appearance would probably have had the effect it had; he dropped the knife ; this was heard by Mr. Ricketts in the adjoining room ; it was heard by Miss Parker, who was in the adjoining room. He said a lady of rank, whose name is mentioned in the affidavit, which I shall not of course repeat, had taken him into the bed room of another lady of the same rank, in order that he might have a criminal inter- course with her. He stated that two noblemen, whose names are mentioned in the affidavit, had distinctly offered him the use of their Wives. He said the highest persons in the country had come to the Clarendon Hotel for the purpose of carrying on intrigues with him and his Wife. Now these are facts stated in the affidavit of Mrs. Dyce Sombre. If they are anything like a true representation nobody for a moment can doubt what was the state of this gentleman’s mind. It is idle to think any such doubt can be entertained. What interest had she in misrepresenting these facts. There is nothing in opposition to this that I am aware of; she was fond of him to all appearance, and it is not doubted or questioned; why should she if he is not insane, why should she be desirous of making him out to be an insane person. Is there anything in the evidence to support such a suggestion ? But it does not depend on her evidence alone; it is confirmed by the testimony of a great variety of wit- nesses. That which relates to the Marchioness of Hastings, and what took place there, is confirmed by her affidavit. She afterwards came to town, and passed some time at the Clarendon; she saw what was going on, and she states it; her affidavit is in conformity, to that extent, with the affidavit of Mrs. Dyce Sombre. Sarah Lake, her servant, her maid who had lived with her for several years, and continued in her service during the whole of the period, confirms generally all that is stated by Mrs. Dyce Sombre. In stating Mrs. Dyce Sombre’s affidavit, I have selected particular facts, but they are but a feeble representation of the impression created by the affidavit itself, because it is the little fillings up, the slight circumstances, the combination altogether that creates the impression. I cannot therefore give the full effect to that affidavit without doing that which it is unnecessary for me to do in such a case, without reading the affidavit from beginning to end; but I think I have stated enough for the purpose of satisfying any reasonable man that if the statement be true, to the extent to which I have carried it, no doubt can be entertained as to what was the state of this gentleman’s mind at the period I have referred to. Miss Parker passed a long period of time with her; she was in that journey with them to the Lakes, and to Edinburgh ; she confirms the statement of Mrs. Dyce Sombre, not in all particulars, because that is impossible, she could not always be present at the same time ; she travelled on the journey in a different carriage with a German lady, but she confirms it in the main, and she afterwards resided at the Clarendon Hotel with them till the period when he was put under restraint, and she confirms the general character of his conduct in such a way as to render it impossible to doubt the correctness of the statement. Dr. Drever also confirms the statement. Dr. Drever, as I have mentioned, had been an intimate friend of this gentleman, Mr. Dyce Sombre ; he had known him in India; he had held an office in the household of the Begum ; he had been physician in that household, and they had been on the most intimate and friendly terms; he received the letter, to which I have referred, from Paris; afterwards a conversation took place between them, and it appears he entertained the most unfounded suspicions and jealousies of the conduct of Dr. Drever; he imagined that Dr. Drever had taken part with Lord St. Vincent against him, for which there was not the slightest foundation, which arose out of the removal of some boxes from a house in Park-street when that gentleman was going into the country. Dr. Drever says, Mr. Dyce Sombre told him his wife was a profligate woman before marriage and after marriage ; that Lord St. Vincent knew it; that he abetted it. He endeavoured to undeceive him, but he said, “ I knew it all before I married her;” then Dr. Drever asked, “Why did you marry her?” to which he said—I do not know whether it was to Dr. Drever or some other person— “ It is not unusual for us in India to marry women of bad character, singers and dancers.” He told Dr. Drever of the hole in the street, and said that it was made to catch him to destroy him. Dr. Drever’s evidence also on other circumstances goes to the confirmation of what I have stated, so that the case does not rest on its main features in the evidence of Mrs. Dyce Sombre, even if it could be supposed she would be so profligate as to come here to make a false affidavit for the purpose of locking her Husband up as a maniac, if one could suppose such a thing, but it does not rest on her evidence alone; her evidence is followed in many of the most material facts by the other witnesses to whom I have referred. A short time before this he used to wTatch her when she wrent to Church; he would stay in the street to see whether she came out; sometimes he would go to one door and sometimes to another; on one of these occasions he went and called on Dr. Elliotson, who lives in the neighbourhood, in Conduit-street. I believe the Church is in George-street; he had left his card the pre- ceding day; he went into the room and asked for Dr. Elliotson; Dr. Elliotson made his appearance; Mr. Dyce Sombre says, “ Are you Dr. Elliotson ? ” “ Yes, I am.” “ Are you Dr. Elliotson?” “Yes, I am.” “Do you know what I have come for?” “ No, I do not.” “You do; you know what I have come for; you must give me more of the society of my Wife; I know she is under your influence; ” using some general words about mesmerism, or something of that kind. Dr. Elliotson said, he did not know who she was; he asked what her name was before marriage, he gave some fictitious name, but did not mention the name of Jervis; then he turned round and said, “ You must fight me.” “ Why am I to fight you ? ” “Nevermind; you must fight me; I will insult you before your servants, and you must fight me;” and he then left the house. Dr. Elliotson did that which any professional man would have done under such circumstances; he wrote to a relation of Mrs. Dyce Sombre, Mr. Ricketts, of the Treasury, and told Mr. Ricketts that he must take measures imme- diately to restrain him; that he was incurring great responsibility, and that he must do it without delay. Mr. Ricketts had about the same time received a letter from Miss Charlotte Parker, who was living at the Clarendon Hotel, to say that he had twice the day before coolly and deliberately stated that the only way to get out of his misery was to put Mrs. Dyce Sombre to death, and that he should load his pistols, which he had about that time purchased, to shoot her; on that, this gentlemen went immediately to Dr. Monro, who had been in the habit of visiting him. Dr. Monro signed a certificate, and sent it by . The Lord Chancellor’s Judgment. The Lord Chancellor’s Judgment. Mr. Ricketts to this lady in order that she might sign it; Mr. Ricketts pressed her in the strongest manner to put her name to it; she refused to do it; she said, “ He has passed a quiet night, and I hope he may be better. I will not do it at present.” She was pressed from time to time to do it; for nearly a month she declined, always hoping that a more favourable turn might take place, but in consequence of the threats to which she was con- tinually exposed, the danger she constantly incurred, apprehending most serious consequences to result from it, at the expiration of a month she signed a certificate, and he was put under restraint; nothing could exceed her forbearance in this respect. This does not depend on her evidence, it is sworn to by Mr. Ricketts; it is known and sworn to, I think too, by Miss Parker. She abstained from putting him under restraint in the hope that he might become better, running the greatest personal hazard in the hope that that event might take place. So when he was confined she refused to allow the Commission to be sued out for the same reason; application was made to her from time to time. At length Mr. Solaroli, his Brother-in-law, insisted upon it, and said it was necessary for the protection of the property, and she then gave way, she yielded and consented to the Commission being sued out. So far from being eager and anxious therefore to have this gentleman declared a Lunatic, so far from enforcing the law, and the protection of the law, she abstained from doing so at the most imminent hazard to her own life, from motives of kindness, of affection, and from an anxious desire to prevent that species of restraint. This evidence is not capable of being contro- verted, it is clear beyond dispute ; what ground is there for supposing that this lady has had any indirect motive in the conduct which she has pursued towards her husband; there is none whatever, at least as it strikes my mind. Her maid went to Hanover Lodge at the desire of Mr. Dyce Sombre, in consequence of a message which he sent to her; when he saw her, he desired her to request Mrs. Dyce Sombre to come the next day. The message wras com- municated. Mrs. Dyce Sombre came ; immediately she entered into communication with him ; his conversation was perfectly collected, not the least symptom or trace of insanity; he spoke on general topics, general subjects, like any other person; at last the conversation took a different turn; he said the Queen had offered him a Peerage if he would consent to veil his Wife’s irregularities; he said that was a thing he could not submit to, and he had declined the Peerage ; he said in mild and placid tones, “Are you still living with Sir Frederick Bathurst ? I saw you in a carriage the other day, it was not your own carriage, but in another carriage with Sir Frederick Bathurst. Are you likely to have a child by him? You shall not palm that child on me.” All this was said in the mildest manner, and he began to examine her to see whether there were any appearances likely to produce a child; he then said he would take her back to live with him on certain conditions, which she does not repeat in her affidavit, because they are of an indelicate nature, but she refers to a written paper which is con- tained in the affidavit of Sir James Clark, which I shall presently allude to ; he said on those conditions he would take her back and she should live with him. He mentioned that some lady of high rank, on the supposition that the separation would take place, I presume, had offered him her daughter in marriage; and when she tried to persuade him that these were all delusions, his answer was, in a mild way, “ Come, come, you know better.” The conver- sation went on in this way for a considerable time, and she took her leave. Now, then, it is material I should direct the attention of the learned counsel to the evidence of the physicians. I have stated this as the history of the case ; his previous history; the courtship ; the marriage ; the affection that subsisted between them for a time; the tranquillity that prevailed until that journey to Meaford; the progress of the disorder; its gradual increase in intensity up to the period when he was put under restraint. Now the medical men have been examined, the medical men that concurred in putting him under restraint; they are medical men of the first character in this country, for science, skill, and knowledge in that particular department. Dr. Conolly, Dr. Monro, and Sir James Clark, I will read the affidavit of Sir James Clark for the purpose of showing how confirmatory it is of the circumstances which I have stated. I feel it absolutely necessary, and I regret to be obliged to go into this detail, but it is necessary in consequence of the nature of the case, and in consequence of what has taken place in France. In an ordinary case I certainly should not have done it, but I am going much more into detail on account of these circumstances to which I shall by and by have occasion to allude, because it is supposed that there is some conflict of decision between the Tribunal of this Country, and that Tribunal, if I may so designate it, which was established for the purpose of this inquiry in France. It is necessary therefore that I should go into this detail. Sir J ames Clark says “ That in the month of February in the year 1843 he was called on to attend Mr. Dyce Sombre with reference to some pain about his heart, this deponent not being then aware that any doubt existed as to his sanity. Says that he first saw Mr. Dyce Sombre on the 21st of the same month of February at the Clarendon Hotel, Bond-street, where he was then residing with his wife, Mrs. Dyce Sombre. Says that on a subsequent day of the same month he visited Mr. Dyce Sombre again, and met there Dr. Conolly and Dr. Monro. Says that on this occasion, during a long conversation, Mr. Dyce Sombre stated his conviction that Mrs. Dyce Sombre his Wife was un- faithful to him, and when asked what proofs he had of it, he said she had acknowledged it to him, and he also said that something was put into his food to injure him.” I quite forgot to mention that he was of opinion, repeatedly of opinion, that something was put into his food at the Clarendon Hotel, that he was of the same opinion, and stated it repeatedly that some- thing was put into his food on his journey to the Continent; he made the same remark repeat- edly on his journey in Scotland, and he made the same remark also with respect to his food at the Lodge in the Regent’s Park. It is necessary that I should mention this with the view to an observation I shall afterwards be called upon to make; it was not confined to Hanover Lodge, but it applied to the Clarendon Hotel; it applied to the journey on the Continent, it applied to the journey to Scotland, and it also extended to the house in the Regent’s Park. He says, “ On the 25th of the same month of February, he, this deponent, visited Mr. Dyce Sombre alone, on which occasion Mr. Dyce Sombre repeated his statements with respect to the conduct of his Wife, and her admission of it, and added that the footman had also admitted it to this deponent on the preceding day; and Mr. Dyce Sombre being asked by deponent to explain in what way the footman had admitted it, Mr. Dyce Sombre replied, that he did so by standing on the stairs a step lower than this deponent.” That has given rise to an argu- ment that the admission by the Wife might have been a constructive admission of a similar character. Great pains have been taken, and I myself have taken great pains, and great The Lord Chancellor’s Judgment. The Lord Chancellor’s Judgment.. pains have been taken by persons in my presence, and also by the other medical men for the purpose of ascertaining whether any deception of that nature was practised, and I can state, as the result of that investigation, he perfectly understood the questions put to him; his answers were distinct and plain, that the admissions were made by word of mouth; his state- ment of the fact was as clear and as precise as could be made by any person living. He says, “ He visited Mr. Dyce Sombre on the 28 th of March, and found him in a state of excitement, and on Mrs. Dyce Sombre coming into the room Mr. Dyce Sombre told this deponent that he was visited by two Spirits, a good and evil Spirit, and that one of them had desired him to throw Mrs. Dyce Sombre’s ring into the fire. He once said that she insulted him, also talked very much of a challenge which he had wished his Wife to send to some one.” I might have mentioned that in the progress of the account I gave, he advised her to send a challenge to a lady, whose name is mentioned in the affidavit, because, as he suggested as a reason for it, “ that as they were both much attached to the same person, he thought it therefore better that they should fight it out with pistolsand said she insulted him every minute of the day, and that she had insulted both him and deponent, and being asked for an explanation, he said she had insulted them by the manner she came into the room. Says that there was nothing in the manner of Mrs. Dyce Sombre which appeared to deponent to be insulting to any one. Says that on the 29th of March 1843, he visited Mr. Dyce Sombre in company with Dr. Sutherland, and on that occasion Mr. Dyce Sombre repeated the story about the Spirits, and said that a Spirit had twice knocked him off his horse in India; and although Mr. Dyce Sombre being afterwards pressed upon the subject, admitted that the affair of the Spirits might be imaginary, he still adhered to his assertions respecting his Wife’s infidelities, but without stating anything like a reasonable ground for them. Says he was satisfied from the probability of most of the assertions made by Mr. Dyce Sombre with regard to his Wife and himselfi and from the absurdity of others, that Mr. Dyce Sombre was insane. Says that Mr. Dyce Sombre showed such ungovernable violence towards his Wife, and was at times so angry and excited, and so strongly possessed with his delusions in regard to her, that deponent considered that there was great reason to expect he would attempt her life. That Mr. Dyce Sombre did not appear to be at all capable of restraining himself with regard to his Wife, or of being restrained by any other means than force or authority, and deponent therefore became thoroughly convinced that it was necessary for Mr. Dyce Sombre to be placed under restraint, and he frequently urged the necessity of it on Mrs. Dyce Sombre, but found her very averse to it. That on the 30th 1843 a consultation took place on this subject between Dr. Monro, Dr. Sutherland, and Dr. Conolly, and deponent, in the presence of Lord St. Vincent, the Father of Mrs. Dyce Sombre, Thomas Hawe Parker, Esq. her Uncle, Mr. Edward Ricketts a Cousin, and Mr. Frere, the Solicitor of the Lunatic, and it was agreed by all the parties then present to be necessary that Mr. Dyce Sombre should be put under restraint, and that it ought to be effected immediately, provided the consent of Mrs. Dyce Sombre could be obtained. That the consent of Mrs. Dyce Sombre having been obtained, Mr. Dyce Sombre was, on the same day, on the certificate of Dr. Conolly and Dr. Sutherland and deponent, committed at the Clarendon Hotel to the charge of Dr. Domeier. That on entering the room to acquaint Mr. Dyce Sombre with the measure thus taken, Mr. Pyce Sombre exclaimed, u I know what yon are come for; you are going to shut me up in a madhouseand he sat himself down on the floor and there remained in a state of great excitement as long as deponent stayed in the room. That on the morning of the 1st of April following deponent visited Mr. Dyce Sombre with Pr. Conolly, on which occasion Mr. Pyce Sombre insisted to this deponent that there had been a Ball at the Clarendon Hotel on the previous night, and that Mrs. Pyce Sombre had danced at it. Says he was informed and believes that no Ball had taken place at the Hotel, and endeavoured to convince the Lunatic of the fact, but that no proofs or arguments or assurances could satisfy him of it. That on a second visit, in the afternoon of the same day, he, deponent, having been told that the Lunatic had presented a pistol at one of his attendants, asked him if he really intended to shoot the man, to which the Lunatic replied, “Not him;” and, on deponent asking whom he intended to shoot, he replied, “ Madam Sombre; ” and added, that if deponent had not come on Thursday night, he would then have shot her, and she should have taken the other pistol and have shot him. That Pyce Sombre has since repeated the same thing to deponent on several occasions, but he added more than once, that he did not mean to kill her, only shoot her in the back. Says he visited the Lunatic on 10th April, when he told deponent that he had a sad night, with two Spirits ; that he had seen the heavens open, and saw one of the Spirits rise from his grave, and that the Spirit desired him to do one of three things: the first, he said, was too bad, and he would not mention it; the second was to kill a cat in a particular manner, and the third was to eat his own dirt; and the Lunatic seemed impressed with these visions as being real occurrences. Says that about the 11th of April Mr. Pyce Sombre was removed to Hanover Lodge, Regent’s Park, and, on the 16th, he told deponent that the Begum had appeared to him, and had witnessed his marriage again ; and, on the 6th of May, he said to deponent that the Blue Spirit had appeared to him, and told him that some person, whose name deponent forgets, had given the Ball at the Clarendon ; and he also told deponent that the Blue Spirit appeared to him when he was seven years old, under a pomegranate tree, in the form of the letter T. That about the beginning of May the Lunatic began to grow impatient under confinement, and to insist on keeping in the house with the window blinds drawn down, and he remained in bed till very late, and only dressed in drawers and dressing-gown, and insisted upon taking all his food cold, and said he would not go out any more. That, on the 10th May, the Lunatic declared to deponent, that Mrs. Pyce Sombre told him that her Father had had connexion with her, and Sir F. Bathurst had had connexion with her in Hyde Park in the open day. That, on the 17th of May, he found the Lunatic in the same state: he said he was visited by the Spirit every night; and deponent having been informed that he had dined the day before on what he called a State Ball, which consisted of bread and an apple, over which he burnt some brandy, and a glass of porter, this deponent asked an explanation, and was informed by him, that he took this kind of dinner in order to put a stop to the Queen’s Levee, and expressed his surprise that the Levee had, notwithstanding, taken place, saying, he should protest against it. That, on the 22d of May, the Lunatic told deponent, that during a short sleep, he heard that Lord Cardigan had travelled to Rome with Mrs. Pyce Sombre before her marriage; and, on the 29th of May, he told deponent that he had a high moral The Lord Chancellor’s J udgment. visit the preceding night: that he had been removed to a lunatic asylum, where he had seen poor lunatics, and one fine old looking man, dressed in an Indian costume, hut without a left leg; as this old gentleman passed him he struck the Lunatic on the elbow with his hand, which awoke him, and at the moment the Spirit asked him if he knew who that wTas; he said, ■. . ; o'; Sir T. Wilde.—What we took down from your Lordship was communicated to Mr. Dyce Sombre. The Lord Chancellor.—Let there be no mistake as to that; this was given out by Mr. Cartledge as a minute of my order; it was furnished by Mr. Cartledge to Mr. Leman, in order that Mr. Leman might communicate it to Mr. Dyce Sombre in Paris. If Mr. Leman communicated something else instead of this it is not my fault. Sir T. Wilde.—We certainly sent a Paper containing what we took down from your Lord- ship, and which the Reporter also took down. The Lord Chancellor.—That is the proper document, for it was given out for the purpose. Mr. Leman.—I did communicate it, and I sent the Short-hand Writer’s Report with it. Sir T. Wilde.—The Short-hand Writer’s Report together with our Paper. The Lord Chancellor.—I believe it is hardly necessary to state that, Sir Thomas Wilde; you have your remedy with regard to this decision, because an Appeal will lie to the Privy Council. Mr. Wakefield.—We should like time to consider it, my Lord; perhaps your Lordship will allow the Petition to be put in the Paper to be spoke to with regard to any directions you will give as to the future management of this gentleman. Mr. Kelly.—As regards this Petition, I understand your Lordship’s decision to have been given. I do not wish to interpose. The Lord Chancellor.—At present I refuse to supersede the Commission. I shall not decide finally as to what I should do with respect to this gentleman without hearing the learned Counsel on both sides. Sir T. Wilde.—The only question, my Lord, is, what is to be his position in the mean- time, and until your Lordship does pronounce such order as shall appear expedient. Mr. Kelly.—I conceive, my Lord, that is a proper subject of reference to the Committee, not for discussion now. The Lord Chancellor.—The Committee has nothing to do with it. Sir T. Wilde.—If the decision may immediately take place and be acted upon, perhaps it is as well that the discussion should take place before the decision. Mr. Wakefield.—After what has fallen from your Lordship, with regard to going abroad, we should wish to have a day or two to consider it. We should wish to have the Petition put in the Paper, and brought on before your Lordship, for you to make a direction on that Petition; that is the proper thing to do. The Great Seal is not tied down. The Lord Chancellor.—There is no objection to Mr. Dyce Sombre continuing as he is now for two or three days. Mr. Wakefield.—Till the further Order of the Court. The Lord Chancellor.—I think the friends of Mr. Dyce Sombre had better advise with him. I do not know whom he confides in. I have reason to believe that he has withdrawn his confidence from Mr. Walpole; but certain circumstances have been communicated to me with regard to his conduct. I wish to say nothing more about it: I allude to something that has happened within a day or two. I think it would be better if he were to change his place of residence. In the first place it is rather too public. I do not know, Mr. Leman, whether you have his confidence ? The Lord Chancellor’s Judgment. The Lord Chancellor’s Judgment. Mr. Leman.—I believe so, my Lord; he is waiting outside now. The Lord Chancellor.—You know the circumstance to which I allude? ilfr. Leman.—Yes, my Lord ; the warm bath. The Lord Chancellor.—A man does not take a warm bath in the middle of the street. Mr. Leman.—His rooms are exposed. The Lord Chancellor.—Would it not be better that he should change his residence? You may suggest the propriety of that. Mr. Ijeman.—I will, my Lord. The Lord Chancellor.—If, while this is depending, anything offensive occurs of that nature, it will be absolutely necessary for me, for the sake of the public, to interpose. Mr. Ljeman.—I will take care to communicate with him on the subject, my Lord. Mr. Wakejield.—I believe Lord Eldon, in several cases of this kind, has directed the Petition to stand over, giving an interim direction as to the management. Mr. Kelly.—The Lord Chancellor has done something very different this moment; he has dismissed the Petition. I do not wish to raise any discussion prematurely here, but I do not, at this moment, understand, after what has fallen from your Lordship. The Lord Chancellor.—I refuse the application to supersede the Commission at present; but I may give directions, notwithstanding that, as to the mode of treatment. Mr. Wakejield.—No doubt. Mr. Kelly.—We should desire, after what has fallen from your Lordship, a day or two to consider it. One cannot have listened to what has fallen from your Lordship now without feeling it requires attention and consideration. Mr. Lloyd.—In the mean time, my Lord, the committee of the estate may go on making the same allowance ? The Lord Chancellor.—The committee of the estate must go on, of course; that allowance must go on, at all events, for the present. Mr. Kelly.—Will your Lordship allow me to ask whether there is any early day when you would desire to hear what is to be said on this ? The L,ord Chancellor.—I will hear it at my house whenever it is convenient. Mr. Kelly.—In two or three days. The Ljord Chancellor.—Early in the week. AFFIDAVIT OF MR. JOHN WARWICK. I, John Warwick, the person appointed by an Order made in this matter, dated the 19th day of December 1844, to attend upon the said David Ochterlony Dyce Sombre, make oath and say, that having, in the course of my employment, in the month of March 1845, arrived at St. Petersburgh, I formed acquaintance with Doctor Handyside, an English physician, residing and practising in that city. And I was informed by Doctor Handyside that shortly after Mr. Dyce Sombre arrived in St. Petersburgh, he consulted said Doctor Handyside for a derangement of the digestive organs; that at the third or fourth visit Mr. Dyce Sombre requested that gentleman to give an opinion as to the state of his mental health. That Doctor Handyside requested time for more extended observation; and, after a few days, having, by perusal of a report of the last inquiry before the Court of Chancery, made himself acquainted with Mr. Dyce Sombre’s leading delusions, he directed his inquiries to these points, and found that Mr. Dyce Sombre retained these delusions as strongly as formerly. That after this Doctor Handyside refused to furnish Mr. Dyce Sombre with the certificate of sanity, which he required, and was consequently dismissed. That at one of his visits upon Mr. Dyce Sombre, who was at the time staying at one of the English Boarding-houses in St. Petersburgh, Dr. Handyside found him very unwell, and greatly agitated, asserting that the people of the house had attempted to poison him, and, presently, taking a poignard from a drawer, he unsheathed it, and walked about the room with the weapon in his hand, exclaiming that he meant it for his enemies. That Doctor Handyside had great difficulty in calming his excitement; and he then learned that Mr. Dyce Sombre had been drinking large quantities of curacoa, which had disagreed with him. And I say that in the month of August last I obtained an interview with General Ventura in Paris, formerly an old and intimate friend of the said David Ochterlony Dyce Sombre (but who has, for the last three or four years, been a principal object of the said David Ochterlony Dyce Sombre’s delusions), for the purpose of procuring from the said General Ventura a narrative of his connexion with the said David Ochterlony Dyce Sombre, and of the treatment and conduct which he had met with from the said David Ochterlony Dyce Sombre since his return from India. And I say that the said General Ventura positively refused to make any written statement or deposition touching the said David Ochterlony Dyce Sombre or his affairs. And I say that at my interview with the said General Ventura, the said General did, at my request, relate to me several circumstances, of which I immediately afterwards wrote a full memorandum, for the use and information of the Committees of the person of the said David Ochterlony Dyce Sombre. And I say that the following is a true copy of the memorandum so drawn out, and transmitted by me to Messieurs Frere, Forster and Company, the solicitors for the Committees of the person of the said David Ochterlony Dyce Sombre: 4‘ I became acquainted with Mr. Dyce Sombre first in India. When I heard of his coming to Europe, I felt anxious on his account: I knew him to be rich, young, and generous, and Affidavit of Mr. John Warwick. Sworn 18 Nov. 1346. Affidavit of Mr. John Warwick. “ unacquainted with European manners; and I feared that he might become the dupe of “ designing persons. When, therefore, I met him in Paris, I resolved to act the part of “ a guardian to him, indeed my sentiments at that time were almost those of a father towards “ Mr. Dyce Sombre; I warned him against the deception likely to be practised on him. “ I introduced him into society, I presented him to the King, and obtained for him an invitation “ to dine at the royal table. In those days Mr. Dyce Sombre frequently spoke to me about “ marriage, and expressed an intention to marry an European lady, and, if possible, an English “ woman of suitable rank. I strongly advised him not to do so, from my knowledge of his “ character. I told him plainly that he was not suited to form a happy alliance with any “ European lady, and I predicted to him that if he did so marry, his marriage would prove “ unfortunate. To these observations Mr. Dyce Sombre replied that his mind was made up “ on the subject, and that he himself had none of my misgivings. In the course of time “ I heard of Mr. Dyce Sombre’s marriage. I visited London in the month of August 1842, -17 Reid, Captain David ; 1st February 1849 : Had various opportunities of witnessing the demeanour of said D. O. Dyce Sombre when investigating lengthened accounts, when he displayed great perspicuity in detecting mistakes therein ; his conduct and demeanour gentlemanly and correct; great reten- tiveness of memory, and particularly accurate in dates, and is fully convinced that he is able to manage himself and his affairs - - - - - - - - 40 Ricord, Philip, M. D. Joint with Charles Shrimpton, M.D., and Daniel MacCarthy, M. D.; 25 March 1851: Visited Mr. Dyce Sombre several times together and separately; have no reason to change their former opinion, viz., that he is perfectly competent to manage his person and property -------------47 Shrimpton, Charles, M. D. Joint Affidavit with Daniel MacCarthy, M.D.; 19th July 1850: Again examined said D. O. Dyce Sombre, and considers him to be of sound mind, and perfectly capable of managing himself and his property ------ 46 Trevelyan, Sir Charles E.; 19th February 1849: Well acquainted with Mr. D. 0. Dyce Sombre since 1827, who never exhibited any symptom of insanity before his marriage; that the painful circumstances which have since occurred are mainly to be attributed to the excitement caused by the remarkable contrast between his Asiatic habits and his new situation. That he had not proper legal advice in the arrangement of his marriage settlements, to a sense of which much of his subsequent irritation is to be attributed. Does not consider Mr. Dyce Sombre’s doubts and assertions as to Madame Solaroli’s legitimacy to be an indication of insanity, and believes him to be perfectly competent to manage himself and his affairs - - - 44 Verity, Robert, M. D.; Paris, 4 January 1844: Had a most rigid and close examination of Mr. D. O. Dyce Sombre three times with Dr. Bertin, Dr. Olliffe and Dr. Voisin, and that Drs. Fabret and Ferrus assisted on those occasions, and is fully convinced that said D. O. Dyce Sombre is in the full enjoyment of his intellectual faculties, and fully competent to the government and control of him- self and his property ---------- - - 2 1850: Voisin, Felix, M. D.; Paris, 6th January 1844 : page. Visited and .examined Mr. D. O. Dyce Sombre three times with Drs. Bertin, Olliffe and Verity, and fully convinced that said D. O. Dyce Sombre was in the entire enjoy- ment of his intellectual faculties, and fully capable of managing1 his person and pro- perty 4 THE WILL AND CODICIL OF DAVID OCHTERLONY DYCE SOMBRE, ESQ. I, David Ochterlony Dyce Sombre, late of Sirdhana in the East Indies, but now residing at Paris in the Kingdom of France, do hereby revoke all former Wills and testamentary dispositions by me at any time heretofore made, and declare this to be my last Will and Testament:—Whereas under and by virtue of divers dee<| s or instruments in writing, executed by the late Begum Sombre, certain large sums of money were directed to be set apart and applied for the religious and charitable purposes specified in such deeds or instruments, that is to say, the sum of Company’s rupees one hundred thousand, for the benefit of the Roman Catholic Church of Sirdhana; the sum of Company’s rupees one hundred thousand, for the benefit of the Roman Catholic College of Sirdhana ; the sum of Company’s rupees fifty thousand, for the benefit of the poor of Sird- hana ; the sum of Company’s rupees twelve thousand five hundred, for the benefit of the Roman Catholic Chapel at Meerut. And 2 whereas, I am by such deeds or instruments appointed a trustee for the charitable purposes therein particularly mentioned, in conjunc- tion with the Magistrate for the time being at Meerut, and I am desirous of appointing a successor to myself in the trusts aforesaid. Now, therefore, I the said David Ochterlony Dyce Sombre, by virtue of all powers contained in such several deeds or instruments herein- before referred to, and of all other powers enabling me in this behalf, do by this my last Will, executed in the presence of and attested by the two credible witnesses whose names are intended to be hereunto subscribed, appoint and declare that the Bishop or Senior Roman Catholic Priest for the time being of the said Roman Catholic Church at Sirdhana shall be a trustee in my room of the several deeds and instruments, and for the several charitable purposes aforesaid, with all the rights, powers, and privileges belongingto and exerciseable by me in my lifetime, or such thereof as are now capable of taking effect. And I direct my Executors, hereinafter named, to concur in all proper and necessary acts, if any, for vesting the trust premises aforesaid in such new trustee, either solely, or jointly with any other continuing trustee, as the case may be. I direct that my body shall after my decease be conveyed to Sirdhana in the East Indies, the late Capital of the Dominions of Her late Highness the Begum Sombre, and after my heart has first been taken out of my body, I direct that my body shall be buried in the corner of the Christian Burying Ground at Sirdhana, facing the South East, and that there shall be placed over it a Bronze Cross, having a death’s head engraved thereon, which Cross I direct my Executors to procure, if possible, at the Great Iron Foundry at Berlin, situated outside of the Oramien- burg Gate, and called the Eissengiesserie; but if not, then I direct them to procure a similar monument at some other place. And I further direct that my heart, after having been taken out of my body as before mentioned, shall be embalmed and enclosed in a Silver Case, having an appropriate inscription thereon, and that such Silver Case containing my heart shall then be buried, separately from my body, in the room next adjoining and leading into the Sepulchre of 3 Her late Highness the Begum, in the Church of Sirdhana aforesaid, and that a Tablet shall then be placed over both my body and heart, with inscriptions engraved thereon, recording my death and the circumstances attending my burial; and in case from any cause, unforseen by me, it shall be impossible strictly and literally to carry these my directions into execution, I direct that my Executors shall carry them out as far as shall be practicable, it being however my wish and desire that no variation whatever shall be made by them, unless absolutely necessary. And I direct that my Executors shall, unless the same shall have been done by me in my lifetime, also superintend and provide for the erection in the said Church at Sird- hana of the Monument to the memory of the late Begum Sombre, which is now being sculptured by the artist Tadolini at Rome, my said Executors paying all costs of its transmission to its ultimate destination, and also paying to the aforesaid Artist the residue, if any, remaining unpaid to him at the time of my decease, of the origi- nal price agreed on by me, which residue now amounts to the sum of twenty five thousand francs, being one fourth of the entire original cost. And I direct that my Executors hereinafter named, shall, after paying, in the first place, all legacy duty chargeable thereon, set apart out of my personal estate, and invest in their names in the Government stocks, funds, or securities of the East India Company, a sufficient sum to answer the following Annuities, which include those given by me by way of pension, in the year One thousand eight hundred and thirty-six, before leaving Sirdhana; that is to say,— One Annuity of Company’s rupees fifty, to Ameer Alii Kham of Kootana. One Annuity of Company’s rupees fifty, to Frangoise Koine of Dehli. One Annuity of Company’s rupees twenty, to Frederick Cardozo of Sirdhana. One Annuity of Company’s rupees four, to Yacob Jan of Dehli. One Annuity of Company’s rupees four, to Sheik Bussawun, Jemadar of Sirdhana. One Annuity of Company’s rupees five, to Mathias De Lamotte of Dehli. One Annuity of Company’s rupees five, to Emam Buksh, Fraush of Dehli. One Annuity of Company’s rupees four, to Alif Khan, 4 Feelban of Sirdhana. One Annuity of Company’s rupees five, to Kullender Buksh, Nukal of Sirdhana. One Annuity of Company’s rupees four, to Muddara Sukka of Sirdhana. One Annuity of Company’s rupees five, to Yadgar Khan, Subadar of Sirdhana. One Annuity of Company’s rupees seven, to Rheem Khan, Subadar of Sirdhana. One Annuity of Company’s rupees three, to Sahib Singh, Durzee of Sirdhana. One Annuity of Company’s rupees three, to Rumzan Khan, Kidmutgar of Sirdhana. One Annuity of Company’s rupees two and a half, to Poorungur Goshain of Sirdhana. One Annuity of Company’s rupees fifteen, to the widowof Colonel Poethod of Sirdhana. One Annuity of Company’s rupees fifty, to Sohagum Begum of Dehli, widow of John Thomas. One Annuity of Com- pany’s rupees ten, to Ladlie Begum of Dehli, daughter of Abool Hussum. One Annuity of Company’s rupees twenty, to the rest of Abool Hussum’s children of Dehli. One Annuity of Company’s rupees thirty, to Mirza Alii Beig of Sirdhana. One Annuity of Company’s rupees thirty, to Mussom Alii Beig of Dehli. One Annuity of Company’s rupees four, to Mhomed Adul, Subadar of Sirdhana. One Annuity of Company’s rupees twelve, to the wife of Musseeh Buksh of Dehli. One Annuity of Company’s rupees four, to the widow of Alii Buksh of Sirdhana. Two Annuities of Com- pany’s rupees, seven and four, to two of Luttafut Alii Khan’s relatives of Dehli. One Annuity of Company’s rupees three, to the widow of Kulloo, Jemadar of Fraushes of Sirdhana. One Annuity of Com- pany’s rupees four, to Ruttum Singh, Chobedar of Sirdhana. One Annuity of Company’s rupees four, to Gunga Sing, Jemadar of Sird- hana. One Annuity of Company’s rupees four, to Pertaub Singh writer of Sirdhana. One Annuity of Company’s rupees two, to Bul- daiva, Hircara of Sirdhana. One Annuity of Company’s rupees thirty, to Moonshee Nursing Roi of Dehli. One Annuity of Company’s rupees five, to Mhomed Azeen, Mistree of Dehli. One Annuity of Company’s rupees three, to the Widow of Kajo Succa of Sirdhana. One Annuity of Company’s rupees three, to Mama Sosum of Sirdhana. One Annuity of Company’s rupees five, to the widow of Musseeta, 5 Kidmutgar of Dehli. One Annuity of Company’s rupees two, to Sobha Singh, Hircara of Sirdhana. One Annuity of Company’s rupees four, to Khoda Bux, Syce of Sirdhana. One Annuity of Company’s rupees two hundred, to Hoosna Baee of Sirdhana One Annuity of Company’s rupees ten, to Adela of Sirdhana. One Annuity of Company’s rupees four, to Maho, Bearer of Sirdhana. One Annuity of Company’s rupees ten, to Sahib, Coolie of Sirdhana. One Annuity of Company’s rupees ten, to Daibee, Coolie of Sirdhana. One Annuity of Company’s rupees ten, to Zea Beig of Dehli. One Annuity of Company’s rupees nine, to Bo Nurgis of Sirdhana. One Annuity of Company’s rupees three, to Sobhan, Coolie of Sirdhana. One Annuity of Company’s rupees three, to Pasquala daughter of Joze of Sirdhana. One Annuity of Company’s rupees five, to Shu- brung, widow of Huzza, Coolie of Sirdhana. One Annuity of Company’s rupees five, to Francisca widow of Sebastian of Sird- hana. One Annuity of Company’s rupees seven, to Ccecelia of Sirdhana. One Annuity of Company’s rupees seven, to Barbara Parker of Sirdhana. One Annuity of Company’s rupees seven, to Sabahut of Dehli. One Annuity of Company’s rupees seven, to Goomanie wife of Kullo Beig of Sirdhana. One Annuity of Company’s rupees seven, to Rooplie of Sirdhana. One Annuity of Company’s ru- pees seven, to Jhoonta of Sirdhana. One Annuity of Company’s ru- pees fourteen, to Mhatab Baee of Sirdhana. One Annuity of Com- pany’s rupees eight, to Mumoola Baee of Sirdhana. One Annuity of Company’s rupees eight, to Gyan Baee of Sirdhana. One Annuity of Company’s rupees seven, to Sogain Baee of Sirdhana. One Annuity of Company’s rupees eight, to Golundam Kullan of Sirdhana. One An- nuity of Company’s rupees eight, to Uttro of Sirdhana. One Annuity of Company’s rupees seven, to Mooshkee of Sirdhana. One Annuity of Company’s rupees five, to Faizun, widow of Kurran of Sirdhana. One Annuity of Company’s rupees five, to Rozi widow of Joze of Sirdhana. Two Annuities of Company’s rupees six, to two of the daughters of the said Kurran Khan of Sirdhana. One Annuity of Company’s rupees five, to Margaret of Dehli. One Annuity of 6 Company’s rupees ten, to Rheemun of Dehli. One Annuity of Company’s rupees seven, to Sudda Bhar of Dehli. One Annuity of Company’s rupees four, to Russ Baee of Meerut. One Annuity of Company’s rupees four, to Hoosum Poorie of Dehli. One Annuity of Company’s rupees four, to Nowbhar of Meerut. One Annuity of Company’s rupees four, to Bhuboola of Dehli. One Annuity of Company’s rupees four, to Gooman Baee of Dehli. One Annuity of Company’s rupees seven, to Chand Baee of Dehli. One Annuity of Company’s rupees four, to Goolundam Khooro of Dehli. One Annuity of Company’s rupees five, to Uchpul of Dehli. One Annuity of Company’s rupees fifteen, to Madaleine of Dehli for their respective lives ; and also any further or other Annuities which I may hereafter bequeath by any Codicil to this my Will. And do and shall out of the annual interest and dividends accruing due thereon, or on the stocks, funds, and securities, into which the same shall be converted, pay such annual sums as aforesaid to the several persons hereinbefore named, or to be named in any Codicil hereto, during their respective lives, by equal half yearly payments, on the days on which the interest of such Government funds or securities is usually payable ; the first of such half yearly payments, or a proportionate part thereof calculated from the last payment which may have been made to each annuitant or pensioner in my lifetime, being considered to accrue due on the first ordinary half yearly day of payment of such Government securities which shall happen next after my decease: and subject to the payment of such several Annuities, the sum so set apart shall fall into and become part of my residuary personal estate. And I direct that my said Executors do and shall out of my personal estate invest, in their names, in such stocks, funds, and securities as aforesaid, the sum of Company’s rupees twenty thousand, and do and shall pay the interest and dividends from time to time accruing due thereon to Ann, the wife of John Rose Troup, now residing in London, during her life; and do and shall after the decease of the said Ann Troup, in case she shall leave any issue her surviving, transfer and 7 make over such stocks, funds and securities to the person or persons, who under this my will shall become entitled to the Palace of Delhi hereinafter devised, or to the monies arising from the sale thereof; but in case she shall leave no issue her surviving, then such sum of Company’s rupees twenty thousand shall fall into and become part of my residuary personal estate. And I direct that my said Executors do and shall in like manner invest, in their names, the sum of Company’s rupees fifty thousand, and pay the interest and dividends thereon to Victoria Reghelini, wife of Major Anthony Reghelini of Sirdhana aforesaid, during her life; and after her decease, do and shall, in case she shall leave any issue her surviving, transfer and make over such stocks, funds, and securities to the person or persons who under this my Will shall become entitled to the Sirdhana Palace, called the Delkoosha, and the adjoining Bazaar hereinafter devised, or to the monies arising from the sale thereof; and in case she shall leave no issue her surviving, such sum of Company’s rupees fifty thousand shall fall into and become part of my residuary personal estate. I give and bequeath to Major Anthony Reghelini of Sirdhana aforesaid, on condition of his sur- rendering the house in which he is now living for the purposes hereinafter mentioned, the sum of Company’s rupees ten thousand. I give and bequeath to Regina, the wife of Pasqual Reghelini of Sirdhana aforesaid, the sum of Company’s rupees five thousand. To Juliana, wife of Alexander Derridon of Allyghur, Company’s rupees five thousand. To the eldest son of the said Pasqual Reghe- lini who shall be living at my decease, Company’s rupees ten thousand. To Stephen Reghelini, the son of the said Major Rhe- gelini, Company’s rupees ten thousand. To Maria Juana Reghelini, the daughter of the said Major Reghelini, Company’s rupees fifteen thousand. To Anna Maria Reghelini, the daughter of the said Major Reghelini, Company’s rupees twenty thousand; and to Gregore, alias Futto, of Sirdhana aforesaid, Company’s rupees ten thousand. To George Thomas, alias Jowruj Jung of Sirdhana aforesaid, Company’s rupees thirty-six thousand. To the 8 wife of the said George Thomas, alias Jowruj Jung, the sum of Com- pany’s rupees fourteen thousand. To George Thomas, the son of Jacob Thomas of Sirdhana aforesaid, the sum of Company’s rupees ten thousand. To Sohagum Begum, the wife of the late John Thomas of Sirdhana aforesaid, the sum of Company’s rupees one thousand. To Juliana, the wife of John Peter Legois of Sirdhana aforesaid, the sum of Company’s rupees seven thousand. To John Peter, John, Charles, Francois, and Joseph Legois, five of the sons of the late Captain Louis Legois of Sirdhana aforesaid, the sum of Company’s rupees ten thousand each. And I give and bequeath to the Honourable Meliora Cotton, the daughter of Viscount Coin- bermere, of Combermere Abbey, Cheshire, the sum of one thousand pounds sterling of British currency. To the two eldest daughters of Sir Richard and Lady Jenkins of the sum of five hundred pounds each. To Sir Charles Metcalfe Oehterlony of the sum of two thousand pounds. To the eldest son of the late Colonel Thomas David Steuart, the sum of two thousand pounds. I give and bequeath to each of the twenty-four Directors of the Honourable East India Company at the time of my decease, and also to the six Directors who shall then be out of office by rotation, the sum of one thousand pounds each, for their own personal and individual use and benefit: and I declare that such sum is intended by me to be in addition to the annual sums hereinafter given by me to the Chairman and Deputy Chairman respectively of the Board of Directors. I give and bequeath the sum of Company’s rupees ten thousand, to Joseph Skinner of Dehli aforesaid. I give and bequeath the sum of five thousand pounds to each of my three Executors hereinafter named, that is to say, to the Honourable Mountstuart Elphinstone, Henry Thoby Prinsep, now residing at Hyde Park Gardens in the County of Middlesex, and Sir Henry M. Elliott, K. C. B. all of the Bengal Civil Service, in case they shall within one year from the time of my decease take probate of this my Will. I give and bequeath all the jewels, trinkets, and ornaments of the person belonging to me, Original so. 9 and now in the possession of my wife, with the exception of the Star given to me by Her late Highness the Begum, having her picture set in the centre, and which jewels, trinkets, and ornaments I value at seven thousand pounds, to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, to be equally divided between and amongst them, after the decease or other determination of the interest to which my present wife is entitled therein. And I give and bequeath such Star, valued by me at five hundred pounds, to Virginia Pattle, daughter of the late William Pattle Esquire. I give and devise to the said Mount- stuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott their heirs, executors, administrators, and assigns, the large house or palace of Delhi, situate in the Town of Delhi, and the premises adjoining (with the exception of the two Kutras or square buildings adjoining the before mentioned ground), and all and singular the appurtenances whatsoever to the said palace or house and premises appertaining or belonging, or commonly used or enjoyed there- with, to the uses, and upon the trusts, and with, under, and subject to the powers, provisoes, and declarations hereinafter contained, (that is to say) : — To the use of the said Mountstuart Elphin- stone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators, and assigns, during the life of the said Ann Troup, upon trust to permit the said Ann Troup and her assigns to use and enjoy the same, or to receive and take the rents, issues and profits arising therefrom, for her life; and after her decease to the use of the first, second, and all and every other son and sons of the said Ann Troup, severally, successively, and in remainder, one after another, as they shall successively be in priority of birth, and of the several and respective heirs male of the body and bodies of all and every such son and sons ; the elder of such sons and the heirs male of his body being always to be preferred and to take before the younger of such sons and the heirs male of his and their body and respective bodies. And for default of such issue, upon trust absolutely to sell and dispose of the said 10 last mentioned house or palace of Delhi and premises, either together, or in lots, by public auction or private contract, in such manner and upon such conditions as to the trustee or trustees for the time being of this my will shall seem proper, for the best price in money that can be reasonably had or obtained for the same, and to execute all proper and necessary conveyances and assurances thereof. And I direct that my said trustees or trustee shall stand possessed of the monies arising from such sale, after payment of all costs, charges and expences attendant thereon or incident thereto, upon trust to divide the same into as many parts or shares as the said Ann Troup shall have left daughters, or female issue of different deceased chil- dren, her surviving, but so that the issue of each deceased child shall not be entitled rateably with the daughters of the said Ann Troup, share and share alike, but shall only be considered as entitled to one share between or among such issue; and upon trust to stand pos- sessed of one of such shares for the benefit of each of such daughters of the said Ann Troup absolutely, and of one of such shares for the benefit of the issue of each deceased child of the said Ann Troup, such share to be equally divided between such issue if more than one ; and if there shall be but one daughter, or the issue of only one deceased child, who shall survive the said Ann Troup, then the whole of the said trust monies shall be in trust for such only daugh- ter, or such issue of a deceased child, as the case may be : and in case the said Ann Troup shall leave no issue her surviving, then the said last mentioned hereditaments and premises shall fall into my resi- duary estate. And I give and devise to the said Mountstuart Elphin- stone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators, and assigns, the Sirdhana Palace, called the Delkooska, and the adjoining Bazaar or Market just outside of the Gate in the Town of Sirdhana aforesaid, called Daiba Gunge, with all and singular the appurtenances thereto belonging, or there- with usually held or enjoyed, to the uses, and upon the trusts, and with, under, and subject to the powers, provisoes, and declarations hereinafter declared and contained of and concerning the same, 11 that is to say; To the use of the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, execu- tors, administrators, and assigns, during the life of the said Victoria Reghelini, upon trust to pay unto or permit the said Victoria Reg- helini and her assigns to receive and enjoy the rents, issues, and profits thereof for her life; and after her decease, to the use of the first, second, and all and every other son and sons of the said Victoria Reghelini, severally, successively, and in remainder, one after another as they shall successively be in priority of birth, and of the several and respective heirs male of the body and bodies of all and every such son and sons, the elder of such sons and the heirs male of his body being always to be preferred and to take before the younger of such sons and the heirs male of his and their body and respective bodies; and for default of such issue, upon trust absolutely to sell and dispose thereof, in such manner, at such time, and with such powers in all respects, as hereinbefore specified with respect to the property lastly hereinbefore devised, and stand possessed of the net proceeds arising from such sale, upon trust to divide the same into as many shares or parts as the said Victoria Reghelini shall have left daughters, or female issue of different deceased children, her surviving, but so that the issue of each deceased child shall not be entitled rateably with the daughters of the said Victoria Reghelini, share and share alike, but shall be considered entitled to one share only between or among such issue ; and upon trust to stand possessed of one of such shares for the benefit of each of such daughters of the said Victoria Reghelini, and of one of such shares for the benefit of the issue of each deceased child of the said Victoria Reghelini, such share to be equally divided between such issue if more than one ; and in case there shall be but one daughter, or the issue of only one deceased child, who shall survive the said Victoria Reghelini, then the whole of the said trust monies shall be in trust for such only daugh- ter, or such issue of a deceased daughter, as the case may be; and if the said Victoria Reghelini shall leave no issue her surviving, then the said last mentioned hereditaments and premises shall fall into 12 and become part of my residuary estate. I give and devise to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators and assigns, the Khirwa Bungalow, to the uses, upon the trusts, and with, under, and subject to the powers, provisoes, and declarations hereinafter con- tained, that is to say; to the use of the said Anthony Reghelini during his life, on condition nevertheless that he shall convey or assure to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators and assigns, the house in Sirdhana wherein he now lives, and I direct that such house and premises, when so conveyed and assured to them, shall be held by my trustees or trustee for the time being, upon trust to permit such house to be used during the lives of the Khadiman Mhal, and the survivors and survivor of them, for their residence, without receiving any rent or re- muneration for the same: and after the decease of the Khadiman Mhal, and the survivor of them, the said house and premises shall be convey- ed and assigned by the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, to the uses, and upon the trusts hereinafter declared of and concerning the same; and after the decease of the said Anthony Reghelini, the said Khirwa Bungalow and premises shall remain and be to the use of Stephen Reghelini, now the only surviving son of the said Anthony Reghelini, his heirs, executors, administrators and assigns. I give and devise to the said Gregore, alias Futto, and his assigns, the Gunge or Market at Sir- dhana, with the premises and appurtenances thereto belonging, or therewith commonly held, occupied or enjoyed, for his natural life : and from and after his decease, I give and devise the same to Dabie Coolie of Sirdhana aforesaid, for his natural life: and after his decease, I give and devise the same to all and every the child and children of the said Dabie Coolie who shall survive him, equally to be divided between or among them, if more than one, as tenants in common in fee, and if but one, then the whole to such one child, his or her heirs and assigns. I direct that the Roman Catholic Missionaries who now occupy the late Colonel Dyce’s house at 13 Sirdhana, in the Old Cbowrie of Sirdhana, shall resign and sur- render, and, if required so to do by my said Executors, convey and assure such house and premises to the uses and upon the trusts in this my will declared : and on condition and in consideration of their so doing, I give and bequeath to the Roman Catholic Bishop for the time being of such Mission the sum of Company’s rupees fourteen thousand, for the general purposes of the Mission. And I direct that the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, shall set apart, in lieu of such last mentioned house, for the use of such Missionaries, the house in the Old Chowrie which was built by Her late Highness the Begum Sombre for Bhow Begum, and which is now occupied by the family of the late Begum’s Khadiman Mahl, and shall, subject to such condition as aforesaid, convey and assign such last mentioned house and premises to such uses and upon such trusts for the benefit of the said Mission, as the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, shall direct or appoint. I direct that the house hereinbefore mentioned, lately occupied by Colonel Dyce, with the hereditaments and premises thereto belonging, when conveyed and assured to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs and assigns, as hereinbefore directed, and also that the whole of the Old Chowrie of Sirdhana (except the house and premises hereinbefore excepted and directed to be set apart for, and conveyed in trust for the pur- pose of the Roman Catholic Mission, as aforesaid), and all and singular the pieces or parcels of land, messuages, or tenements, hereditaments and premises thereto belonging or appertaining, or therewith commonly held, used, and enjoyed, shall go, remain, and be to the uses, upon the trusts, and with, under and subject to the powers, provisoes, and declarations hereinafter declared and con- tained of and concerning the same, that is to say; to the use of the said George Thomas, son of the late Jacob Thomas, during his life; and after his decease, in case he shall leave any son him surviving, to the use of such son, or the eldest of such sons, if more 14 than one, his heirs, executors, administrators and assigns abso- lutely ; but in case the said George Thomas shall leave no son him surviving, then and in such case the same shall be held by my said trustees, upon trust absolutely to sell and dispose thereof in such manner and with such powers in all respects as herein- before specified with respect to the Palace of Delhi and the Sirdhana Palace hereinbefore devised. And I direct that my said trustees or trustee for the time being shall stand possessed of the monies arising from such sale, after payment thereout of all costs charges and expences attendant thereon or incident thereto, upon trust to divide the same into as many parts or shares as the said George Thomas shall have left daughters, or issue of different deceased children, him surviving ; but so that the issue of each deceased child shall not be entitled rateably with the daughters of the said George Thomas, share and share alike, but shall only be considered as entitled to one share between or among such issue: and upon trust to stand possessed of one of such shares for the benefit of each of such daughters of the said George Thomas abso- lutely, and of one of such shares for the benefit of the issue of each deceased child of the said George Thomas, such share to be equally divided between such issue, if more than one; and if there shall be but one daughter, or the issue of only one deceased child, who shall survive the said George Thomas, then the whole of the said last mentioned trust monies shall be in trust for such only daughter, or such issue of a deceased child, as the case may be. And if the said George Thomas shall leave no issue him surviving, then the house hereinbefore mentioned, with the appurtenances, lately occupied by Colonel Dyce, but not the Old Chowrie, shall go, remain and be to the use of George Thomas, half brother of the said late John Thomas, for his natural life, and after his decease, to the use of all and every the children of the said George Thomas, half brother of the said late John Thomas, their heirs, executors, administrators and assigns, to be equally divided between them, share and share alike. But in case the said George Thomas, half brother of the said 15 late John Thomas, shall leave no child or children him surviving, then it is my Will that the said house and premises shall go, remain, and be, to the use of, and to be equally divided between and amongst, all and every the child and children of the said John Peter Legois, who shall be living at the decease of the said George Thomas, half brother of the said late John Thomas, their heirs, executors, administrators and assigns. And in the event of such failure of issue as aforesaid, I give and devise the said Old Chowrie with the appurtenances to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs and assigns, in trust for the benefit of the said Roman Catholic Mis- sionaries, and in trust to convey and assure the same to such uses, and in such manner, as the proper Ecclesiastical Authorities of such Mission shall direct or appoint. I give and devise the Market, the Gardens, and all other the premises of which I may be seized or possessed at the time of my decease, situate at Agra in the East Indies, with all and singular the rights, members, and appurtenances thereto belonging, or therewith commonly held or enjoyed, unto the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators and assigns, upon trust absolutely to sell the same in the manner and with the powers hereinbefore mentioned, and to stand possessed of the proceeds of such sale, in trust to divide the same equally between and amongst all the children of Abool Hussan Beig, living at the time of my decease, share and share alike. I give and devise the Parade Ground, usually known as Cheik Mulloo’s Parade Ground, with all and singular the rights, members, and appurtenances thereto belonging, or therewith commonly held or enjoyed, to Zea Beig of Sirdhana aforesaid, his heirs, executors, administrators and assigns: and in case of the death of the said Zea Beig in my life- time, I give and devise the said last mentioned hereditaments and premises to the two sons of the said Zea Beig, their heirs and assigns, as joint tenants, and not as tenants in common. I give and devise the piece of ground called Andhairya Bugh, on the 16 road from Khirwa to Sirdhana, with all and singular the rights, members, and appurtenances thereto belonging, or therewith usu- ally held or enjoyed, to Sahib Coolie, his heirs, executors, admin- istrators and assigns : and in case of the death of the said Sahib Coolie in my lifetime, I give and devise the said piece of ground, hereditaments and premises to the eldest son of the said Sahib Coolie, his heirs, executors administrators and assigns. I give and devise the piece or parcel of ground and premises situate in Sirdhana, com- monly known as the Bagur ground, with all and singular the rights and appurtenances thereto belonging, or therewith usually held or enjoyed, to Dabid Coolie, his heirs, executors, administrators and assigns: and in case of the decease of the said Dabid Coolie in my lifetime, I give and devise the said ground and premises to the eldest son of the said Dabid Coolie, his heirs, executors, administrators and assigns. I give and devise the large Kutra or square building situate in the town of Delhi, and adjoining the Palace of Delhi here- inbefore devised, and the appurtenances thereto belonging, to Mhatab Singh of Delhi, son of Moonshee Kan Singh, his heirs, executors, administrators and assigns: and in case of the death of the said Mhatab Singh in my lifetime, I give and devise the same to the eldest son of the said Mhatab Singh, his heirs, executors, adminis- trators and assigns. I give and devise the small Kutra or square building, also adjoining to the said Palace of Delhi, with the appurte- nances, to Gobind Singh of Delhi, son of Moonshee Omaid Singh, his heirs, executors, administrators and assigns: and in case of the death of the said Gobind Singh in my lifetime, I give and devise the same to the eldest son of the said Gobind Singh, his heirs, execu- tors, administrators and assigns. And I hereby authorize and em- power the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, and the survivors and survivor of them, and the executors, administrators and assigns of such survivor, or other the trustees or trustee for the time being of this my will, from time to time, at their or his discretion, to alter, vary, and transpose the sums of money hereinbefore directed to be invested by them for the several 17 purposes aforesaid, for or into other stocks, funds, or securities in their or his names or name, being either the parliamentary or public funds of Great Britain, or Government stocks, funds, or securities of the East India Company, as there shall be occasion. And I direct that my said trustees or trustee for the time being shall stand possessed of such stocks, funds and securities, and of the dividends and interest thereof, upon the same trusts as hereinbefore declared with respect to the original stocks, funds, and securities, and the dividends and interest to arise therefrom. And I declare that all legacies and sums of money hereinbefore given to or directed to be invested for the benefit of any woman who shall be married at the time of my decease, and all rents, issues, profits, dividends and interest given or directed to be paid to any such married woman, are intended by me to be for the sole and separate use of such married women, inde- pendently of their respective husbands, and so as not to be subject to their respective interference, control, or engagements; and I declare that the receipt of such married women shall, notwithstand- ing their coverture, be a good discharge for the monies hereby made payable to them in manner aforesaid. I give and devise to the United Company of Merchants of England trading to the East Indies, and their successors, commonly called The East India Company, the old palace of Sirdhana called The Mhal, and all the enclosure called the New Chowrie, with the messuages or buildings and pieces or parcels of ground thereto belonging, and also the house which is to be made over by Major Anthony Reghelini, with all the rights, members, and appurtenances thereto respectively belonging, and therewith com- monly held, occupied and enjoyed, for the purposes hereinafter men- tioned. And as to all the rest, residue, and remainder of my real estate, either in Great Britain, the East Indies, or elsewhere, of or to which I, or any person or persons in trust for me, am is or are seized or entitled, in possession, reversion, remainder, or expectancy, or which in exercise of any power I am enabled to appoint by this my will, the greater part of such property being situate in Calcutta, Sirdhana, Meerut, Dehli, Agra, and Bhurtpore; and also as to all the rest and residue of my personal estate and effects of what nature or kind soever, and such personal estate and effects as by virtue of any power I am or shall be enabled to dispose of by this my will, (except such real and personal estate and effects as are or may be vested in me upon any trusts, or by way of mortgage) I give, devise, and bequeath the same unto and to the use of the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors administra- tors and assigns, according to the nature and quality thereof respec- tively, upon trust that they the said trustees, and the survivors and survivor of them, and the heirs, executors and administrators and assigns of such survivor, do and shall with all convenient speed after my decease sell, dispose of, call in, and convert into money all the said residuary personal estate and effects, (except such part thereof as shall consist of ready money) and leasehold lands and tenements, and also do and shall with all convenient speed absolutely sell and dispose of all the said residuary real estate, and so much of the said residuary personal estate and effects as shall consist of leasehold lands and tenements, either together or in lots, by public auction or private contract, to any person or persons willing to purchase the same, for such price or prices, and on such terms and conditions in all respects, as to the said trustees or trustee for the time being shall seem reasonable, and for promoting and facilitating such sale or sales, do and shall enter into, make and execute, all such contracts, conveyances, surrenders, assurances, acts and deeds, as the said trustees or trustee for the time being shall think proper. And I do hereby further declare that the said trustees or trustee for the time being shall stand and be possessed of such part of the said residuary personal estate and effects as shall consist of ready money, and of the monies to arise from such part of the said residuary per- sonal estate and effects, as I have hereinbefore directed to be sold, dis- posed of, called in, and converted into money, and also of the monies to arise from the sale of the real estate and premises hereinbefore directed to be sold, upon trust that they or he, the said trustees or trustee for the time being, do and shall with and out of the said monies pay satisfy and discharge the funeral and testamentary 19 expences hereinbefore directed to be incurred, and the several pecuniary legacies given by this my will, or to be given by any codicil or codicils hereto, and do and shall out of such monies invest the sum of Company’s rupees one hundred and twenty-five thousand in Government stocks, funds, or securities of the East India Company, in the names of them the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, and alter, vary, and transpose the said stocks, funds, and securi- ties for or into other stocks, funds, and securities of a like nature, as there shall be occasion. And I declare that the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their executors, administrators and assigns, shall stand possessed of the stocks, funds and securities arising from the invest- ment of the said sum of Company's rupees one hundred and twenty- five thousand, upon trust to apply the dividends, interest, and annual produce thereof from time to time, at the sole discretion of such trustees or trustee for the time being, for the support and benefit of the blind, lame, or indigent Inhabitants of Sirdhana and its neighbourhood, without any distinction of caste or religion; such relief to be administered at such times, and in such manner, and to such persons from time to time, as to the said trustees or trustee for the time being shall seem expedient. And I direct that the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their executors, administrators and assigns, or other my trustees or trustee for the time being, do and shall pay over the clear residue remaining, after answering the purposes aforesaid, to the said United Company of Merchants of England trading to the East Indies, and their successors, commonly called The East India Company, to be applied by them for the purposes hereinafter men- tioned. And I declare that either the receipt of the said Company, signed with the seal thereof, or the receipt of the Chairman and Deputy Chairman for the time being of the said East India Company, shall be a good and sufficient discharge to the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, the 20 survivors and survivor of them, for the monies so directed to be paid to the East India Company as aforesaid, and that they shall not be responsible, after such receipt, for the misapplication or nonapplica- tion of the monies by this my Will bequeathed for the purposes hereinafter mentioned, or in anywise concerned to see to the applica- tion thereof. And I further declare that, notwithstanding the trust for sale and conversion aforesaid, it shall be lawful for the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators, and assigns, either to defer for a reasonable time, or altogether to abandon and not to carry into effect such trust for sale and conversion, as to the whole or any part of my residuary real or personal estate so devised and bequeathed to them as aforesaid, as to which it shall be thought expedient that the same should remain in its existing estate: and in such case I direct that such real or personal estate so remaining unconverted shall be conveyed and assigned by the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators and assigns, to the said United Company of Mer- chants of England trading to the East Indies, and their successors, and the rents, issues, dividends, income and produce arising there- from, until such sale and conversion, shall go and be paid to such Company and their successors, with full power to the Chairman and Deputy Chairman thereof for the time being to give receipts for the same in manner aforesaid. And my will and desire is, that out of the monies so directed to be paid to the said Company and their successors there shall be set apart and invested, in the first place, in such manner and upon such securities as to the Directors of the East India Company for the time being shall seem fit, a sum suf- ficient to produce the annual income of two thousand five hundred pounds sterling, and that the annual sum of one thousand pounds, part thereof, shall be paid by two equal half yearly payments in each year to the President of the Board of Control for the time being, and that the further annual sum of one thousand pounds, part thereof, shall be paid to the Chairman for the time being of the Original so. 21 Board of Directors of the East India Company, by like equal half yearly payments, and that the remaining annual sum of five hun- dred pounds, thereof, shall be paid to the Deputy Chairman for the time being of the said Board of Directors, by like equal half yearly payments, the first of each of such payments to be made six months after my decease. And in ease either of the three above mentioned persons shall decline to receive the same, or the said three several yearly sums of one thousand pounds, one thousand pounds, and five hundred pounds, or any of them, shall from any cause become inapplicable or undisposed of for the purposes of such annuities, I direct that the said annual sums arising from the funds so set apart shall thereupon become applicable for the time being, and from time to time, so long as they shall remain undis- posed of, for the purposes next hereinafter mentioned with regard to the bulk of my residuary estate. And my will and desire is, that the said Old Palace of Sirdhana, called the Mhal, so devised to the East India Company as aforesaid, and the whole of the monies so directed to be paid to the East India Company as aforesaid, and the real and personal estate and effects, if any, which shall be so conveyed and assigned as aforesaid, and the rents, issues, dividends, income and produce of such real and personal estate, shall, subject as hereinbefore is mentioned, be applied for the endowment and es- tablishment in the said Palace of Sirdhana and house so to be made over as aforesaid, of an institution to be called The Sombre College; ” the object of which institution shall be, to provide for the education of the higher classes of the natives of India, without any distinction of Religion, and to qualify them for holding public and other situations of trust, no person being admitted to the benefit thereof at an earlier age than seven years, nor at a later age than twelve years old. And I direct that every question relating to the establishment and management, or otherwise relating to the said College, or the funds hereby bequeathed for the purpose aforesaid, shall be decided by the votes of the Directors for the time being of the East India Company, or the majority of them, according to the usual practice of the said Board in other matters, with the ap proval of the President of the Board of Control for the time being. And my will further is, that if any person, or the husband or wife of any person, taking any benefit under this my will, or any person or persons in his, her, their, or any of their name and names, or upon his, her, their, or any of their behalf, shall dispute this my will, or my competency to make the same, or shall refuse to confirm this my will so far as he or she can, when required by my Executors or either of them so to do, or if they or any of them, or any person or persons in the name or on behalf of them or any of them, shall lodge any caveat against proving the same, and shall refuse or neglect to withdraw or cause to be withdrawn such caveat for ten days after request made by my Executors or either of them to that effect, or if any proceedings whatsoever, shall at any time be had or taken by any other person or persons whomsoever, not claiming under this my will, by any possible result of which any estate or interest could be in any way attainable by any person taking any benefit under this my will, of larger extent or value than is intended for him or her by this my will, and such proceedings shall not be formally disavowed, stayed, or resisted by such person, to the full extent of his or her ability to do so, then I revoke every devise, gift, legacy and bequest in this my will contained to the use of, or in trust for, or for the benefit of such person or persons so disputing or refusing to confirm this my will, or so acting as aforesaid ; and I direct that such devises, gifts, legacies, and bequests, shall fall into and become part of my residuary estate. And I declare that it shall be lawful for the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, their heirs, executors, administrators, and assigns, from time to time and at all times during the minority of any person who, by virtue of the limitations of this my will, shall be entitled to any estate in possession of and in any part of the estates hereby devised or bequeathed as aforesaid, and also for the said several devisees and legatees in this my will named, as and when, by virtue of the limitations aforesaid, they shall respectively be in pos- 23 session or entitled to the receipt of the rents and profits of the seve- ral estates and hereditaments respectively devised or bequeathed to or in trust for them as aforesaid, by any deed or instrument in wri- ting, either referring or not referring to this present power, to be sealed and delivered by them, him, or her respectively in the presence of and attested by two or more credible witnesses, to limit or appoint by way of demise or lease all or any part or parts of the said estates, hereditaments, and premises hereby devised or bequeathed to or in trust for them him or her respectively, with their appurtenances, to any person or persons, for any term or number of years absolute, not exceeding ninety-nine years, if the same be for the erection of any building thereon, and either with or without any land to be used or held therewith, and to demise or lease any part thereof for any term of years absolute, not exceeding twenty one years, for any other pur- pose than that of building, so that every such lease be made to take effect in possession, and not in reversion, or by way of future interest, and so that there be reserved in every such limitation or appointment by way of demise or lease, payable during the estate or use thereby created, the best or most improved yearly rent or rents, to be inci- dent to the reversion of the hereditaments so to be limited or ap- pointed by way of demise or lease, that can or may be reasonably had or obtained for the same, without taking any fine, premium, or foregift, or anything in the nature of a fine, premium, or foregift, for the making thereof, and so that there be therein respectively con- tained a clause in the nature of a condition of re-entry for the non- payment of the rent or rents thereby to be respectively reserved, in case the same shall remain unpaid for any space not exceeding thirty days, and so that the person or persons named therein as Lessee or Lessees do execute a counterpart or counterparts thereof respectively, and do thereby covenant for the due payment of the rent or rents thereby to be respectively reserved, and be not by any clause or words therein to be contained made dispunishable for waste, or ex- empted from punishment for committing waste, anything hereinbe- fore contained to the contrary thereof in anywise notwithstanding. 24 And I hereby expressly authorize and empower the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, and the survivors and survivor of them, their executors, administrators and assigns, and also the trustees for the time being of this my will, to pay any sums of money claimed as being due from me or from my estate at the time of my decease to any person, if they shall think proper so to do, although such debt or claim may not be established by legal evi- dence : and I also authorize and empower them, if they shall think fit so to do, to make arrangements for permitting any sum due to meat my decease to remain outstanding on the security on which the same shall then be owing, and also to refer to arbitration, or settle and compound, at their discretion, any doubtful questions or disputes which may occur in getting in my outstanding estate and effects, or in administering the trusts of this my will, without incurring any personal liability for so doing, anything hereinbefore contained to the contrary notwithstanding. And I declare that the receipt or receipts in writing of the said Mountstuart Elphinstone, Henry Thoby Prin- sep, and Sir Henry M. Elliott, or the survivor of them, or the execu- tors or administrators of such survivor, or of the trustees or trustee for the time being acting in the execution of the trusts hereby cre- ated, for any money payable to them or him under or by virtue of this my will, either in respect of the purchase money of property hereinbefore directed to be sold, or otherwise howsoever, shall be a good and sufficient discharge or discharges for the same, and that the person or persons to whom such receipt or receipts shall be given shall not be answerable or accountable for the loss, misapplication, or nonapplication, or be in anywise bound or concerned to see to the appli- cation of the money in such receipt or receipts respectively acknow- ledged to be received, or to enquire into the necessity or regularity of any sale or sales which may be made by virtue of the directions in this my will contained. And as often as the first or subsequent trustees of this my will, or any of them, or their, or any of their heirs, execu- tors, administrators, or assigns shall die, or desire to be discharged from, or refuse, or decline, or become incapable to act in the trusts 25 hereby in them respectively reposed as aforesaid, before the said trusts shall be fully executed, then and so often as the same shall happen, it shall and may be lawful to and for the then surviving or continuing trustees or trustee, or the executors or administrators of the last surviving or continuing trustee, or in case there shall be no such trustee, executor, or administrator, willing and able so to then for the Chairman of the East India Company for the time being, by any deed or deeds, instrument or instruments in writing, to be by them, him, or her, sealed and delivered in the presence of and attested by two or more credible witnesses, from time to time to nominate or appoint any other person or persons to be a trustee or trustees in the place of the trustee or trustees so dying, or desiring to be dis- charged, or refusing, or declining, or becoming incapable to act as aforesaid; and as often as any new trustee shall be nominated and appointed as aforesaid, all the trust estates monies and premises, the trustee or trustees whereof shall so die, or desire to be discharged, or refuse, or decline, or become incapable to act as aforesaid, or such of the said trust estates, monies, and premises as shall then be subject to the trusts aforesaid, shall be thereupon with all convenient speed conveyed assigned and transferred, in such manner and so as that the same shall and may be legally and effectually vested in the person or persons so to be appointed as aforesaid, either solely, or jointly with the surviving or continuing trustees or trustee, as occasion shall require, to the uses, upon and for the trusts, intents, and purposes hereinbefore declared and contained of and concerning the said trust estates, monies and premises, or such of the said uses, trusts, intents, and purposes as shall be then subsisting, undetermined, and capable of taking effect; and every person so to be appointed as aforesaid, shall have all the powers and authorities of the trustee in whose room he shall be substituted. Provided always, and I declare that the said trustees hereby appointed, and to be appointed as aforesaid, and each and every of them, and the heirs, executors, administrators and assigns of them and each and every of them, shall be chargeable respectively for such monies only as they 26 respectively shall actually receive by virtue of the trusts hereby in them reposed, notwithstanding their or any of their giving or signing, or joining in giving or signing, any receipt or receipts, for the sake of conformity ; and any one or more of them shall not be answerable or accountable for the other or others of them, or for involuntary losses. And I empower them, with and out of the monies which shall come to their respective hands by virtue of the trusts aforesaid, to retain to and reimburse themselves respectively, and also to allow to their respective co-trustees or co-trustee, all costs, charges, dama- ges and expenses, which they or any of them shall or may suffer, sustain, expend, disburse, be at, or put unto in or about the execution of the trusts of this my will, or in relation thereto. And I appoint the said Mountstuart Elphinstone, Henry Thoby Prinsep, and Sir Henry M. Elliott, Executors of this my will. IN WITNESS whereof I the said David Ochterlony Dyce Sombre have to this my last Will and Testament, and to a duplicate thereof, each contained in twenty- three sheets of paper, set my hand and seal the twenty-fifth day of June, One thousand eight hundred and forty-nine. Signed, Sealed, Published, and Declared by the said Testator as his last Will and Testament in the presence of us, present at the same time, who, at his request, in his presence, and in the presence of each other, have subscribed our names as witnesses. « D. O. DYCE SOMBRE. L. S. D. Mac Carthy, M. D.Ph. to the Brit. Embassy, 14, R. Castellane, Paris. Charles Shrimpton, M. D. ] 7 Rue d’Anjou St. Honor6, Paris. J. F. Olliffe, M. D. 2 Rue St. Florentin, Paris. 'CijtS tS a CO&tCtl to the Will of me, David Ochterlony Dyce Sombre, bearing date the twenty-fifth day of June, one thousand eight hundred and forty-nine. Whereas under or by virtue of a certain Deed bearing date in the year one thousand eight hundred and thirty-seven, it was declared that the sum of Company’s rupees one hundred and thirty thousand, therein mentioned to have been immediately before the date thereof paid by me to Lieutenant Colonel William Henry Sherman and Doctor Thomas Drever, should be held by them upon the trusts therein particularly mentioned for the benefit of Ann Troup in my will described, during her life, and after her decease for the benefit of her children, if she shall leave any her surviving, but if not, then upon trust to transfer the said trust funds into my own name, or otherwise stand possessed thereof, for my own absolute benefit. And whereas by another deed bearing date in the same year, it was declared that the sum of Company’s rupees one hundred thousand, therein also mentioned to have been paid by me to the said William Henry Sherman and Thomas Drever, should be held by them upon the same or the like trusts, for the benefit of Georgiana Solaroli therein described, and after her decease for the benefit of her children, if she should leave any her surviving, but if not, then upon trust to transfer the said trust funds into my own name, or otherwise stand possessed thereof for my own absolute benefit. And whereas under and by virtue of the mar- riage settlement executed upon my marriage with my present wife, then Mary Ann Jervis, and which marriage settlement bears date the eighth day of September, one thousand eight hundred and forty, I am entitled, subject as therein is mentioned, and particularly subject to the life interest of my said wife, to certain large sums of money then invested in Government funds at the Bank of England, and also to certain Railway shares, and other monies 28 * Whose names are Lord Com- bermere, Lord Low- ther (the present Lord Lons- dale) Mr. Thos. Fitz- herbert of Stone Staf- fordshire, Dr. T. Drever, late of the Ben- gal Army, the Honble. E. S. Jervis and Mr. J. H. Parker. D. O. D. S. therein also mentioned to have been transferred into the names of the trustees * thereof, or to the stocks, funds and securities into or upon which the same may from time to time be converted or in- vested : Now, therefore, I hereby declare that from and after my decease the said several trust funds and premises hereinbefore mentioned, or the stocks, funds and securities into or upon which the same shall be converted and invested, shall from and after my decease, but subject to the trusts to which the same are respectively liable, fall into and become part of my residuary personal estate, and shall be paid and transferred by the trustees thereof respec- tively to the trustees in my said will named, upon and for the trusts intents and purposes in my said will mentioned. And I hereby confirm my said will in all respects. IN WITNESS whereof I have hereunto, and to a duplicate hereof, set my hand this thir- teenth day of August, in the year of our Lord one thousand eight hundred and forty-nine. Signed by the said David Ochterlony Dyce Sombre, as and for a Codicil to his last Will and Testament, in the presence of us, present at the same time, who, at his request, in his presence, and in the presence of each other, have hereunto subscribed our names as Witnesses. D. O. DYCE SOMBRE. L. S. August the thirteenth, 1849. Charles Shrimpton, M. D., Rue d’Anjou S\ Honore 17, Paris. George G. Sigmond,M.D., Royal College of Physicians of London, 32, Rue de la Paix, Paris. D. Mac Carthy, M. D., Physician to the British Embassy, Paris. Rue Castellane No. 14.