The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-12-23 00:00:00

The Lord Chief Justice What do you mean by uhf age.

. .
To Mr. Serjeant lallanUne: 'the bile: would he less in
size, hut if a person Increased in size from fat the lobe of the
car would also increase,
The Lord Chief Justice ; In what way ?
Witness : In bulk.

Mr. Scrjeafit Would it be more pendant 2—ln-
ma it would be charged with fat, it would increase in
every direction bet the upper. My attention w 4.1 particu-
larly c,tlled to the plaintills hands. sly attention was
called to the ears awl Pi the hands also for the first time
yesterday. The hands m.• Allan for the size of the body, and
they are fat and hate dimples upon the joint.. They ale
~ally supple—what you •••all double-jointed. It is
to the extent I oleerved it in the plaintiff. My
-nte,fl woo, yesfel,LY to the Moab of the left
!.•,n.l. There was this peroliarity --that the nail was
b•taehol t.• the part beneath b• 0 less extent then the nail
other haul. The cstreniity of the thumb projects
1.• Ards. The flesh projects, aml turns op slightly at the
it.

Id such a condition of twit end thumb he obtained by
practised by the mr....P11 lii nioli - ti,,inething like
• t not to the s:oile stilt. i.e II 1., produced
• ;•ers-it biting. bin I ail 1t.,• plsint id bites his
..• .' the extent to n :deb I !, ,n.• allmled. I don't
I t tld, wan produced by bin!, II elil believe
, • ~.• isdl lon leili lost, a:. I tt th;s Is a none
hot ti.,t its formation lots ,P... 11 111,41•. i bef,.. it got
bd: cterit. I nee r saw irefOrt. Ii funD. bk.. this
it t 1,11. at i.,11 and f..rniation of a new hail. The plain-
t,' ,J. it, .1 1% lib both loge, but with tele mote espeeially.
rientt Et.dlatitine said he would podpoile, for the
1 • •id as:kin.,, the witness qinsitionn 111 retemitee to the
; .!irri loss of mennoty, about which evidence tut-re might
sl,,,rpin was recalled, and said: I now produce the
1.!‘• rt• t. ',11., in Iny examination In chief, and which I
ts, ftsm -,xdiley, dated July 3nl.
Mr S., rj..ant I:allantine : is the letter the jury re-
f. ".-.I t-• therefore be in CAN." to prodUce it. 'fills letter
n•dt:•l!,‘ in 1.1t1..

itnen., Thisi lat,r th dd. of my arrival in
,•Int). Itl b. MU 01,1. .

Th• Itterncy-thlieral :V le pi• the t tlvelope, showing to
whom the letter wad direct,: It it lost. (The letter 1,5
.4 1,A.)
Dr. 'I Thorpe I live in Rutland-square, Dublin, and
hidtklan In I,land. I was nudical Mlle, In the
h iii IsOo The plaintiff was on board. Four or five
d•U, i,ef”re we reached Rio he tvas alarniinglY ill. Ma
bp: :all wins heavy and laboured, and hie heart Was feeble and
the Iwo, were swollen notch, and the veins Were
considered him in danger I should say there
• lily leg, nerati.aiof the heart. Ile wet not then in a
t -late for a lonv voyage or a lals.rioll,l journey.
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. -
examined: Ile hail wit • .itisnlted rite liefiire then
1,.• hail seemed depressed Ile Ilse.' to lie down on ft
el the itfterniiiiii I don't think that I prescribed any
1 flrd to do het he nail he had some
I 1.;,.1,0 Nllllll would ri Met, those parnxyenni. He ap.
In tnneh dlay. He bald he would
Lot taku any unnlieinu, to Igave !dui none.

Re-examined would have Well A vrry proper
medicine for Mm to take.
To the foreman of the Jury We had had very hot weather
before the plaintiff got ill. It was such weather as fat
people would sutler Inge. The passengers complained of the
excessive heat.
The Court adjourned soon after four o'clock.

The case was resumed on Tuesday morning. Mr. Gifford
Mini that he proposed to commence by reading some if the
evidence taken Injure the Australian Commission, and the
following evidence was accordingly read :
Norman Ronald Nicholson, a farmer, of Spring-hill, near
Sale, in Australia, gave a description of a man known as
Arthur Orton, when at Dargo, in the country, and where he
was known as "the butcher." He said he was antler an as-
sguied name, and had been wrecked when on his way lilac.
Me said he had been a cavalry officer, and he could talk a
little French. Ile said he had had a college education, but
had not studied well.

Mr. Jenne, In answer to his lordship, SUiki that they read
this deposition to show that there was at Dargo a person
1014,111 they said was Roger Tiehborne.
_

The lord Chief Justice But icusing under the name of
(ten?
-

Mr. 'Jenne observed that they Elia not propose to ileal in
any way at present with the i irton theory.

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The next derOgitioll Wlaa that oflanses Henry Kensmis, who
was a prisoner In the Police Barracks, Richmond. Wild who
said he was at Gippsland 111 isr.o at a station abut thirty
miles from Hoisdale, a station which Ise was several times
St. Ile identified the Paris photograph of the plaintiff as that
of "Tons Castro," who was in lesl one of the men employed
St Ihsisdale. Ile never knew a pock-inarkod person named
Arthur i 'Eton there.

Bernard C. McGowan. a lieensed victualler, deposed that In
1857 a person called Castro, whom he recognised in the Parts
photograph, was at Gippstand.
James Erg" a polic..eonstalde, said that in IsZA or 187
Ire knew Castro at Myers Flat, at Castlemaine, and at
anga-Wagga, and other places, eastre knew the sword
exercise, and said he had been all officer in the army. If
alw salt he was heir to a property, and a.old be able to help
them all. They thought him a foreigner, but he amid he was
an Englishman.

It w as proposed to read the otepordtlon of William Fearne
a photographic artist in New south Wales, to Rhow statements
as to identify by the claimant under the name of' Tom
Castro."

-71-1 W .Lord Chief Justiee sAid that he doubted whether this
Was evidence, hut he should receive it subject to objection.
The Attorney.Geueral observed that they would tender a
bill ,d exceptions or move the court for • new trial If neeca-

Mr. Gitiard said that he should press the evidence.
The Lord Chief J ust ice took this opportunity oPmentioning
to the Attorney-General as a legislator a matter which
had impressed him very strongly indeed in this case, and
that was that the whole of this trial might he thrown away
by the improper admission of any trilling piece of evidence.
The Attorney-ceneral said that if he Were to attempt to
amend all the things that struck him as unworthy of a
civilized country in our common law he would have plenty
to di,

The evidence of )Ir. Fearne was then read. lie stated
that he had known wr.an Castro " in Australia, who, on
objecting to his portrait being taken, said that his family at
home held high pmition, and they believed No. was dead, and
he had no wish that they should think otherwise. On
another occasion he said that his fondly was one of the most
ancient Catholic families in England. Again, when thinking
of going to Captain Morgan, the bushranger, he said that he
carried With him the means of establishing his identity, and
that if witness would swear to return the packet if he should
return, he would deposit it with him, to be opened tmly is
the event of death, when instructions would he found in it.
The deposition of Michael Goulding, a warder in Wagga-
Wagga Prison, who was formerly in the army, stated that
he knew Castro in Wagga. Castro once said that lie thought
by Isis walk that the witness was an old soldier, and that he
(Castro had hems a soldier Mosel/. On anther area ,
when out of temper, he said of Mr. Baylis (the Magistrate
that he had seen the time when be would have put his
hand to his hat to him (Castro , and that he might do so
then if he knew who he was. Further, he said that if his
parents knew where he was, he coal have plenty of money,
but they dhl not know whether he was dead or alive. He
also suit that his was um; of the oldest Catholic families in
England. _
. .

lir. Robert Clark Robinson, of Wartia-Wagga, deposed
that he attended Castro when he had broken his nose by a
fall froni his hoi,e, and, took away a piece of bone half an
inch long by onellith of an inch broad.

Mr. William savage, of Winchester, said : I am a photo-
grapher. I received Irma Mr. holicr a photogniphie copy of
the daguerreotype copy. I copied it and I produced the
picture that I made.
flat the state of the dagnerre type been altered since you
copied it never saw the daguerreotype. I now see that
the inarain of the daguerreotype handed to me all round has
been Kelly treated. It Ims been abraded. The hand has
been obliterated by friction. I have seen the claimant's
thumb, and I see in my copy a peculiarity that I observe in
the thumb 41 the claimant. lint I only see this in a very slight
tegt ee. It appears to me that the photograph front which I
took mine had been taken with a lets that did not cover the
pima, properly, and hence the margin of the picture is
somewhat dim. . . .

: The thumb has been rubbed out since I
took my picture. I believe that I took icy picture in the
early part of 15417. The surface of a daguerreotype is CS.-
evetlihgly delicate. A camel's hair pencil would scratch it
unless it were applied with the greatest care.
To the tort Chief Justice If there were dust upon it
iind a person rubbed the dust off it with his hand it
would scratch it. A silk handkerchierwould l tto, hard
for It. A camel's hair brush, if applied delicately, would not
Inlet it.
. . _ . .

I the Attorney-General The frame round the dagnerrem
type has been broken, but I don't think that portions of that
getting in would account for the scratches. I cannot ima-
gine the scratching I have allndel to as being accidental.
There are scratches all over the picture, but in the body of
it they are slight. It would be net unlikely that the
daguerreotype might be injured in the course of being
photographed several times. Since May I have multiplied
copies of the picture for general sale by Mr. Mow ker's per-
mission. . .

.....
Re-examined: The daguerreotype plate now handed to me
has the figure of a howl upon it.
Try if you can nib off the noire with your thumb?—Wit..
flees after trying): My thumb is too greasy. It won't rub it
out ;it only scratches it. lam not wellac.mainted with the
daguerreotype process. I never practised it.

The Lord -Chief Justice Yossibly there might he a differ-
ence depending 1111011 whether the plate were thickly or only
thinly silvered. Von hare rubbed the plate hard xith a
piece of tolottitof paper.

. _
Witness : And it has left its mink. It Hs not obliterated
the hgure. The abrasion on the daguemot3pe leiplea Clink(
11.4 be produced hy a carnets hair pencil, or a thumb ,are-
lessly put upon it. I took a picture of the claimant in July,
154'.7. I cannot say 14hcther this was In fore or after I made
the photograph that was originally taken after the dagner-
rotype.
. . .

To the Attorney-Con:rid: My picture originally conic from
the negative handed to me, and there the thumb appears.
The Attorocy-General said that the neeative was taken by
Mr. Mayan, in June or July, lsni, and many copies had been
multiplied from it.
Mr. John F. Taylor was also examined In reference to the
daguerreotypes and phot.graphs.
soon after two o'clock the court adjourned Cr half an
hour ; and it was :orange.' that after the expiration nf tl.at
time the jury, thin ju,hte, two medical men, ;mkt some nf the
plaintiff's advisers should examine the marks upon his person
hi the grand jury room.

At n quarter to four hit lordship and the jury returned
into court.

Hr. Stafferlard was then called into the witness-box and
WWI CI,. examined the Attorney-Cenoral ; And at hair
o'clock the further hearing of tile ease was again adjounied.

The hearing Of the case was resumed on Wednesday morn-
ing, when the cross-eXaillinlltion o,f Or. Sutherland was con-
tinued by the Attorney General utter which, Mr. John
Francis Adams. whin had been called early in the day to
prove sonic documents, was recalled and examined In chief.
Mrs. Rosalie' Laushurgh, a native of Poland, said I left
Poland when 20 years old, and I am now In I spoke two
languages In Poland.
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----
Attorney-General said that it was proposed ti show
that this witness had forgotten her original language, but he
submitted that such evidence was not admissible.
Mr. Gitfard submitted that they were entitled to show
that it was possible to lose mem ”ry lif lanmunge and yet re-
tain memory of other eireurnstances.
The Lord thief Justice said that his impression was that
the evidence was not :nlinissible, and if obj,eted to he &Muhl
reject it.
••• • • •

The Attorney-General said that If they entered upon this
class of evidence It would lead to endless inquiries, and
therefore he must object to IL
The Lord Chief Justice rejecttd the evidence.
Mr. billiard said he would consider whether he should test
this ruling by a motion or to hill of exceptions.
Mr. David W. WynnOM said Imn an artist. lam much
engaged in studying the form and features of the human
figure. and in pointing - historical subjects. I have studied
the appearance f t 1101mi/ion hive at different thnes. I have
set n the plaintiff and also some if the photographs of
him. 1 trace a resemblance between the Chilian daguerreo-
type and the plaintiff. The photograph if the plain-
tiff taken at Wagga Wagga Is so bad a photograph that I
cannot form any opinkii as to likeness. In the other I
trace a resemblanoe to the features and structural propor-
tions id the head of the plaintiff. In the Paris photograph,
I trace the same face at in the copy of the Chilian
daguerreotype. in the Paris photograph of the Dowager
Lady Tichborne I trace a resemblance to the plaintiff.
There is a resemblance in the eyes. In the photograph of
Sir Alfred Tichborne I trace some resemblance to tile por-
traits of the plaintiff. The lower part of the nose of the
plaintiff is like that part of the face ill the portrait of sir
Alfred.
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.....
Is there anything the same in the portraits of the plaintiff,
the Lady Dowager, and sir Alfred i—Ves : the lower tart of
the nose. There were differences between the photograph
of the Clailian portrait in the increara of fat, ill the bridge
of the nose, and ill the um. r lip being wore drawn in in the
latter picture.
Do the Chilian portraits and the plaintiff's in your opi .. .. n
represent the same person? -I should not like to go so far
as that; but there is a likeness as of twin brothers.
Cross-examined I bad in the Royal Academy a pietism of
the death of Rockingham this year. My paintings mostly
represent persons I have never seen.
The Attorney-General: I won't ask you any more.
Mr. George Dunlop Leslie lam all Assottate (4 the Royal
Academy. I believe artists examine features more narrowly
than other people. I have seen the photographs in this case
What is your opinion as to the Chilian portrait and the
portraits of the plaintiff 7—None of the featuica are is the
same position. I think, however, that there is certainly a
resemblance. The reseniblance is chiefly is, the proportions
of the features, their relative distance to one another, and ilk
the appearance of the eyes. The plaintiff's fatness cousider-
ably conceals his features, and renders it rather difficult to
Jailer. I eau see a distinct resemblance hi spite of the fat.
Cross-examinedi I ani a figure painter. The likeness it
the plaintiff is concealed, and to a considerable extent oh,
literated under fat but Ills evident to a keen and wall
trained eye. It might escape the conimon. I cannot see
the likeness between the plaintiff and the portrait am
handed to be me except in the fat jaw.
Mr. Serjeant Rallantine: That is old (felon's portrait.
Lieut. •.(1. Marl:inn", I was formerly in the Carabineers,
but left before Roger Tiehlairne joined. About three years
wee I met the plaintilf at diluter at Colonel DiehingtonPs.
I bail a good 11.1 if eolivereation with the plaintiff
about regimental matters. The plaintiff had forgotteu
some matters, but remembered others. I asked if lie
remembered my dining with the reginient hi May.
I iiinutered at Channel, and went over with Captain
Morton to dine wi it the Carldneers at Cahir. Ile did not
remember that. I said he might remember when I called his
attention to a circumstance that occurred after dinner. Ile
replied," lave me some idea of what you mean." I said, "After
dinner the orderly sergeant came in and made a report to t
Hay, that made us leave the table." lie said, "Do you refer to
the beacon light on the hills, when a squadron was ordered
out tom,: what it meant. and returned, hlniiing it woo the
country pc( mle humble the g. trse That woo the incident I
intended to call his attention to I gave him no further hint
on the subject. I came to the court for the first time yester-
day, having previously written a letter to you. I talked
with the plaintiff for an hour.
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cross-eZarnined I had been staying at Colonel Lashing-
ton's some days before I saw the plaintiff. I met the
plaintiff at luncheon after church on Sunday, not at dinner.
At four o'clock the Court again adjourned.

The marriage of Prince Czartoryski with the Prin-
cess Marguerite Means, daughter of the Duke de !,lemofirs,
is definitely fixed for the 15th January next. The don ry of
her Royal Highness is to he a million of francs,

At the Devon assizes James Taylor, a bandsman on
board the Partk,,,ate, was charged with having munlered
an old man named Ifenty Rider, eighty years of age, In
September last. The prisoner killed the deceased by batter-
ing MA head in with a flat-iron, awl afterwards gave himself
Into custody. It was shown by medical evidence that the
man's mind had I.comediseased through drunkenness ; and
Baron Martin, being of opinion that he was not responsible
for his actions when the murder was committed, ordered
him to be confined during her Majesty's pleasure.

THE LASH IN NEWGATE AGAIN.
In London, on Wednesday morning, two garrotters
were flogged in Newgate prison, in presence of Mr.
Sheriff Bennett, Under-Sheriff Beard, and a goodly
muster of representatives of the press.
The first, one William Matthews, aged 241,- a gun
finisher by trade, was convicted on November 23 of rob-
bing a country cousin id a watch and chain in the Waterloo-
road, London. Not satisfied with his spoil, he amused
himself by throwing In a little violence by way of
kicking, He gave the man whom he had deprived of his
goods a few blows in the face, kicked two persons who
rushed to the assistance of his victim, and wound up his
performance by knocking over a policeman. Ills sentence
was a scourging by the act, seven years' penal seclusion, and
seven years' police surveillance Matthews has not a bad
face by any means, nor had he a bad back until after the
operation had been performed, says the reporter who
witnessed the salutary infliction. Calcraft was conspicuous
by his absence on this occasion the old man is con-
sidered Par feeble for the work. Two warden.' were brought
specially from Holloway Gaol to administer the flogging, and
two thick arms cats provided—far more formidable than the
implement used in the cases of Messrs. Regan and !Alley.
Forty lushes were administered, deliberately and ener-
getically, twenty by each warder. The prisoner behaved like
a cur, howling dismally from the third stroke. He kept up
an almost continuous yell, punctuated by shouts of
" Murder' Murder !" "Pray have mercy !" "The Lord
above knows Fin innocent." As he was taken away blood
was oozing from the centre of the sore patch tinder his
shoulders. lie Is likely long to remember the holiday time
of 1671, and the sound handling he got for his Christmas.
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---
The second ilowre, if the term may be employed, was a
much lighter Man, lieorge Smith, u Jeweller, aged 25 years.
It appears that he has been complaining of weak lungs since
big conviction, in consequence of which it was Judged advis-
able to let him off more easily. Still he suffered Intensely as
he bent to his thirty lashes, squealing at first like a pained
brute, and sinking into a sort of coma at the 01111. The
fellow, too, was a hardened practitioner, having been thrice
convicted of robbery from the person, once with violence,
previous to his last sentence.

Benson, onnarmed num, who had been sentenced to receive
25 strokes on the SRlue day as the other two, dhl not come
up for punishment, lie has been sent to Maidstone, and
will suffer the penalty there, should a legal point raised in
his favour be over-ruled. None of the prisoners were pre-
sent at the scourging, the weight of opinion of those con-
cerned in the repression of crime being against the adoption
of such a system.