14 JULY 1832, Page 7

Ittb3 anti Sudticr.

MISS DAGSTER-THE COMMISSION DE LUNATICO.

THE case of Miss Bagster, or Mrs. Newton as we would rather desig- nate the lady, continues to occupy a large portion of the newspapers, and not a small one of the public sympathy. The impressions which some of the witnesses of last wee": had produced to her disadvantage, have been in a considerable degree removed by the examination of her- self. It now appears, that certain disclosures, the indelicacy of which caused a strong sensation in the court, were wrung from Miss Bagster by the grave and pertinacious inquisition of the witness who afterwards made a parade of them. Indelicacy was never, we believe, reckoned a proof of insanity, notwithstanding Pope's dictum that " want of de- cency is want of sense ;" but it is satisfactory to the friends of a young creature, who really seems to be by no means unamiable, tha vant of decency has been falsely imputed to her. We shall not, however,

speculate on what we wish merely to report.

Miss Bagster was privately examined on Saturday ; and on ATonday, the Short-hand notes were read over to the .Tury by Mr. Law, who is coun- sA for Mr. Newton, and, as we view the case, for the lady also. The public has thus come to the knowledge of the evidence elicited from the subject of the Commission. It is so long as to render the insertion of any thing like the whole of it impracticable; and there are portions that a regard for propriety would induce us to reject under any circum- stances. Why a line of examination which would have been barely tolerable in a trial at the Old Bailey for a criminal assault, should be persisted in after the first answer of Miss Bagster, we do not pretend to say. Of all the questions ever put by a judge to a party whose sanity be was anxious to test, the strangest was that of Mr. Commis- sioner Whitmarsh, when he asked Miss Bagster' by way of inducing her to make an indelicate statement, if she would go to the door with him, and whisper the indelicacy in his ear. We subjoin a few extracts from the evidence, of a very different character-

" Do you remember your going a lung journey?"-" Yes, Sir; I do." " Now, how lung ago is it slime you went? Do you recollect at all?"-" No; haw long is it?"

" Yon do not recollect? Where did you go to on the journey that you are speaking of?"-" Where did I go?"

"What place did you go to?" (The young lady paused, and appeared as though she did not wish to answer it.)

"You do not recollect exactly?"-" Yes; I do recollect."

" You do not recollect the name of the place?"-" Yes,! do; the name is Springfield." " Where did you go born; what place (lid you go from?"-" From tile Zoological Gardens."

"Who went with you from the Gardens?" (The witness paused in the same man of I%) Who went to the Gardens with you?"-" I went with Miss Clayton and a party,- Miss Newtons."

" How many- Miss Newtons were tin y?"-" Two, Sir."

" Do you like the Zoological Gardens.'.-" Yes, very much indeed; but I prefer other public places better."

"What public places?"-" I like to go ti the theatre better. I like to go to theatres and balls best."

" What do you like too to the theatre for-what do you like about the theatre ?"- " Merely for the sake of fashion."

"What do you do when you go • to the theatre?"-" I always choose out some good piece to see."

"What piece do you like best?"-"I think the last I saw- I like the best ; it was the Hunchback" "I have not seen it: what's the reason you like it? What is there about it ?"-" I do not know ; there was something abut it I was very much pleased at-Miss Kemble."

"She acts jolt, does she? What does she act in it?"-" She is a lady coming to town. I do not know exactly the part. She is a lady coining to town to visit the pub- lic places."

Did she net that part?"-" Yes, I think that is her character." .

"And what does she do?"-(A pause.)-" She comes to town merely to visit the pub-

lic places, and visit her friends."

" What friends has she that she comes to visit ?"-" I forget the names ; I did not stay quite the whole of it."

"You do not remember very much about it?"-" No." "You were very much delighted?"-" Yes." "What were you delighted with-what part was it that amused you most-do you recollect?"-"J do not at this moment."

"Did you see any thing at the playhouse that you were amused with in particular,

that you recollect ?"-(A passe.)

"You don't recollect?"-" No, I do not recollect."

"What house was that at?"-" At Covent Garden."

"Have you been at any of the other playhouses?"-" Yes ; I have been to most of them."

"Do you recollect which you have been to besides ?"-" Yes ; Drury Lane, Covent Garden, Sadler's Wells, and all the minor theatres. I have been to the Haymarket." "Drury Lane, Covent Garden, Sadler's Wells, and the minor theatres?"-" Yen." "Which do you like the best?"-" Why, I prefer Covent Garden to any of them, be- cause it is the most genteel and fashionable. I like to go in the season where all the fashion are, -the winter season I mean."

"Why do you like to go in the winter season?"-" Because it is more fashionable." There is nothing here that nine out of ten of the bread-and-butter- smelling misses that go to plays would not have said, though perhaps not so well. The journey to Gretna Green occupied of course a large share of the examination-.

"Did you know how far Springfield was ?"-" I should think it was 800 miles ; or it might be more ; I am not quite certain."

"Did you ask how far it was? "-" No, Sir, but I guessed it must be that since."

" Before you consented to go in the way you have mentioned, before yen went to the

Zoological Gardens, had you agreed to with Mr. Newton ?"-" I had been in the habit of going in to coffee, and had heard whispers about it,! must say'." "Who had you heard whisper?"-" Miss Emma Newton." 'What did you hear her say when she was whispering about it ?"-" She asked me if I had any objection; I 'said, I thought it' mamma heard of it I thought she would to disappoint it.: I• knew it was of no use. I knew the family so many years, I did. not like

or vex them, because I thought it would not lin very kind of me to do that; amino what was I to do?" " Was that what you thought when you heard those whispers when you were at coffee at Mrs. Newton's?"-" I had titonght various ways about wenething, without telling any one." " What had you thought about ?-llad that been when you were at Mrs. Newton's?'" -" At several parties." " Where you bad seen Mr. Newton ?"-" Yes, at balls." "What had you thought about ?"-" I cannot exactly say." " Had Miss Newtons, when whispering about this thing-what had they said about it? Can you recollect any thing they said?"-" I ant so dreadfully nervous that I for- get." " There in nothing to be nervous about ; we are all friends here. You need not her alarmed ; we will tile care of you. You do not recollect what they had been whisper- ing about exactly ?"-" Yes." " When you went to the Zoological Gardens, did you expect something to happen?"!. -" I had an blea or something certainly. I cannot say that I had not." " You cannot say but you laul an idea of something ?"-" Yes." "And what was it you had ;in idea of ? you can explain a little of it perhaps. What had ;Fou an idea or? Did you [Idol; you were going to be married ?"-" I had an idea. of swot 'ling of the kind, I must say ; because the young lady's sister had told me about running away." " What young lady was it whose sister had told you about running away ?"-" Miss — I must not tell the young lady's name, or I shall get into a scrape if I do." "What scrape should you get into ?"-" I should not like to gut the young lady intcs a scrape." " You rather wish not to tell that ?"-" Yes." " Then we won't press you about that ; some young lady has however told you ?"- "'When yon went to the Zoological Gardens. what did you think WIIS going to bet done ?"-" I almost made up my mind that I was not to go back to Warwick Square; my. mother waited near live boors fur thinner ; she was kept a long while waiting, um/ she could not tell where I was gone to." " Was she very unhappy alsint it ?"-" Yes." " She waited all Ilea ?''-" Yes." " What were you doing all that time ; where were V011 ?"-" We were on the road." "Did the horses drive :may at a ell dear, yes, Sir, I was so terrifiel - for fear we should lie stopped. I was a WO should be stopped." " Who did you; think would stop 3 out ? I thought my mother and :kIr. Gore woula come after us."

" Did you go very fast?"-" Yes." " All the way "-"

In every instance that Miss Bagster was examined, in public or in. private, she was found to be wholly ignorant even of the primary rules of arithmetic. The wise men who were sent to examine her dwelt in their evidence on this defect, as if ciphering Mlle intuitively, and those who never learned figures were yet to be skilled in the use of them. The Cominissioners seem to be imbued with the same theory. It appears that the young people, when proceeding towards Gretna

Green, on one occasion turned back- - Did you turn back ; how far back do you think; how many yards do you think it was ?"-" About seventeen yards." " Then how long was it you turned back for about seventeen yards ; did you return again ?"-" I am sure I do not know ; no. I did not." " Where was it you. turned back ?"-" I am sure I cannot tell." " Yon will recollect by anti by; was it in a coach-yard you turned back or in the high- road ?"-- I cannot exactly call to niind where it was." " How CalIle you to turn back-Mr. Newton wouldn't turn back of himself?"-" said, said I, I think I hod det ter try my mamma, to SOO if she Will forgive OS this once; perhaps, I thought. she might lie in good humour maw gh to do so.''

" And what did Mr. Ni ii ton SON' to I hat ?"-" Oh, he said he allouid be very happy if it could be so. I wds terrified. ami Jima I made up my mind I would not do it.'" Wouldn't do ?"-" I wwthin't eu home, fin- I was abaid to face my mamma ; my MIIMT:111 011ti I, I ant sorry to say, ;Ii but agree ; it is tlm area test-"

" You ale not able to sv y how hi ci turoed back, Whether you went back on the coal any distance, and then turned again ; did you (lo that ?''-" Yes."

" Did von .ro back eight or nine miles, and then turn again ?"-" No, I aid not, I may, safely say I did not."

" No nine or ten miles?"-" No." " Did you go back two or three 'MRCS ?"-" I am sure, Sir, I do not know." " Ito you think you %toot trick a mile ?"-" Oh, I must have gone more than a mile." " lint whether two or three miles yon cannot No." " Then you turned back and determined to go on:la:du ?''-" Yes." " I thought you said you only turned back for about seventeen or eighteen yards ?"-- " No ; I do not know ; I du not think I did."

" A mile is more than seventeen or eighteen yards ?"-" It must be, I know that; only at this moment I cannot tell, I am so nervous.

This subject is reverted to a dozen of times, at least, in the course of the examination. The following is more to the purpose- " When you go to church and say your prayers, to whom do you say your prayers! -"To the Almighty, of course." "Awl if you did not nay your prayers to the Almighty, what do you think would be the consequence of it ?"-" Something very serious would happen, of course." " Now suppose a person to behave wicked, and emainet themselves very improperly- and wickedly, what WOU111 II,' the cousrquence to them in anotImr world?"-" Of course they would go to hell ; they would go to the had place, of course." "Anti if you conduct yourself well, and correctly, and good?"-" Go to heaven, oC course, Sir: for if you wish to get there,-every one would wish to get there." " To be sure they would. Now supposing a petEOU were to to married to one mare and fall in love with another, what should you think of that?"-" I should not think it was right." "Now, supposing you were married to Mr. Newton, and you happened to take a fancy- to Mr. Alderman Kelly,what would you think of tint?"-" Oh, that would not be right.' " Now, if you were married to Mr. Newton-if you thought you were really married. to Mr. Newton ?"-" I should then give up the thought of Alderman Kelly, certainly; however I might have thought of it befinchaud, perhaps." "And if you thought you were married to Mr. Newton, then would you prefer going to live with Mr. Newton, or to go with your inother and Miss Clayton ?"-On that subject I do not see what I can do. I had rather live with them altogether. I do not like quarrels." • " Should you like to live with Mr. Newton all yonrlifetime?"-" Yes, Sir; his a very' good disposition; my mamma is very irritable. It is quite a misery, I am sorry to say, sometimes, to live with her, and a good disposition is what I look after."

She afterwards, in the course of the examination, mentioned that she had been told that she was of unsound mind, when the following ques- tions were put- " Who has told you of that ?"-" I haveheard of it at Alderman Kelly's house." "When did you hear of it, -who thorn?'-" From Dr. Hashun." "Did anybody else tell you of it ?"-" My mother told me so."

" What did your mother tell you?"-" That I was so hasty sometimes, it was very"

likely I should-" "You are rather hasty ?"-" I think I am rather hasty." "Did you ever give anybody a box on the ear?"-" I did once at school." " Young ladies do not often fight, do they-did you ever give a box on the ear at home ?"-" Yes, I must say I did." "Who was that to ?"-" They would not let me go somewhere, or do something." "Anil you gave them a box on the ear?"-" Yes." "Who was it ?"--" My mamma." "Don't you think that was wrong?"-" Oh dear, yes ; I was extremely sorry for it afterwards." "There is a duty we owe to our parents, and we onght to pay them respect; and if

they do go wrong sometimes, children should not mind that. We should make allow-

ance for old age?"-" Yes." "You know the duties we owe to our parents?"-" To be sure I do." "Do you remember your Catechism?"-" Yes. Sir." "What is the Commandment, something about honouring our parents?"-" I havot not looked into it lately. I have not set kot into a church for these two months."

" Have you not learnt that Commandment?"-" Yes. 'Honour thy father and thy

mother, that thy days may be long in the land which the Lord thy God giveth thee: " " That you would always wish to bear in mind, when your mamma may irritate your!' -" Yes."

One of the witnesses subsequently examined, with gn at judgment -observed, that the sense of wrong expressed by Miss .Bagster in this and in other instances was quite conclusive of her soundness of mind ; such soundness being, in fact, a capacity of judging between right and wrong, and not weakness of memory or ignorance of arithmetic. Our extracts must terminate ; we can give but one more— , " Shpposing you got tired of Mr. Newtou, should you like to marry any one else?"— .," NO. I should not think I should like it, but 1 do not think it would be proper. I do not think any one would do such a thing."

" Should you like to go to the theatre?"—" I am very fond of the theatre. Not in She summer season, it is rather too warm."

" Ladies dress very gay at the theatre Yes, and I wished very much to have .gone to the Opera this year, and I was to have gone with a very large party, but this stopped it all." "topped what?"—" Our going there. There was a large party made up to go." " Were you disappointed yourself at not going to the Opera t —" No, I du not think I was much."

" Which would you prefer, going to the Opera or Springfield ?"—" Why, I liked going Springfield better than going to the Opera." " Why did you like to go to Springfield hest ?"—" Why, Sir, I was happy, and I to not think I have been so happy for years as I was then, 1 do not indeed. I was not _half so happy before. I used to be very dull, always crying and fretting very much. You would have been quite frightened to see me.' "Do you think you was as happy ? Are you happy now ?"—" There are some things . that make me happy. They are rather different—thinking what has happened, and Altogether."

" Are you as happy now as when you was going to Springfield ?"—" I cannot say so, it is a difference. It is a different sort of hawiness. I was happy until I was seized by joy mamma, and then I was really wretched."

What conclusion the Jury may conic to, we shall not attempt to - guess: The mind of the public is, we believe, made up on the ease. That Miss Bagster is no Solomon, is abundantlrobvious ; that if her education had been Carefully and considerately and affectionately gone about, she might have acquired a moderate knowledge even of that most Abstract part of human study, numbers, seems not at all improba.

isle;• that at present she knows little or nothing about money, its value esr uses, and is not much more capable of acting as the .mistress of a , family than many little maids of ten years of age are, is plain enough ; _ but that she entered upon her obligations at Gretna without a .consciousness of their nature and extent, is by no means apparent, • —and much less so that her notions of right and wrong are so feeble as to render her irresponsible for that or for any other act. If the Jury decide that she is sane, we hope the Chancellor -'-Will see that her fortune is so secured as to prevent its being squandered by her husband or herself: if they decide otherwise, we hope the same authority will remove her from the constant irritation of termagant relatiOns' and find for her another preceptress than the lady Of a certain age who at present attends her, arid who, by her readiness to judge and her slowness to answer, is evidently very little fitted . for the care of a weak-minded young lady. If Miss Bagster were committed to the care of a retired and respectable family, and made the subject of patient and sensible instruction, she might even yet acquire A knowledge of addition, and pass through life with as decent a repu- tation for wit as her grandfather did.

Li/swim's. OF BANKERS.—On Saturday the 26th March last year, Mr. Schlencker, a merchant in the City, delivered, in payment of a parcel of goods sold to him by Messrs. Boddington arid Company, a „check on Bond, Patishall, and Co., his bankers, crossed in the usual way with the names of Messrs. Boddington's bankers, Martin and Co. 'The check was delivered to Messrs. Boddington at two o'clock ; it

• was handedin to Messrs. Martin at seven minutes to four. In con- sequence of a number of others being handed in at the same time, it was not praeticable to have it passed at the clearing-house, where the boxes close precisely at four o'clock ; but it was marked by Bond and - Co. for Monday. On Monday, their failed. The question who was .- liable for the payment, was tried in t re King's Bench on Tuesday, in an action of the Messrs. Boddington against Schlencker ; when the Jury, on the facts above stated, gave a verdict for the defendant,—thus ,....(supposing the verdict to stand) leaving Messrs. Boddington to recover payment from their own bankers.

Hinnoo SUTTEES.—Some time ago, an order was issued in India -against the celebration of Suttees. The Hindoos—at least a few of the more zealous than charitable among them—took offence, and peti- , tioned against the order. The petition has been pleaded before the Privy Council, and on Wednesday the report of the Lords was taken into consideration by the King in Council, when it was ordered that the petition be dismissed. Thus a cruel and irrational practice unre- , cognized by the Braliminical more than the Christian code of religion, After years of patient warfare, has been at length and for ever put down.