The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1871-11-11 00:00:00

SATURDAY, NOV. 11, 1871

THE TICHBORNE CASE.

On Tuesday the ,reat trial of " Tiehborne r.
Lushington," which conunencedon Wedueaday, May
W, and continued with only a few intenniaaiena to the
Ith of July, WM ronalled before Lord Chief Justiee
Won' and the Speeial Jury of eleven, in tht NesPinna
Ilvw, eatini net,.

Th— ~,,
oh ug the caselias been Ph, Ing suspenried, there was
hally no abatement in the ouhty and interest which
this celebrated callse has excite.l it: alit:lasses of the com-
munity. The crowd outside the Westminster Sessioth,
House was c. tutts,sed of both sexes, and its comments and
questions showed that the published evidence ii, well
remembered. " Should you be stirpristsl to hear:'" was
h„ :node of commencing a questbn, and
the p,. -seers of tickets were followed by scores
a eager ry. re, they passed eat policemen on guard
at the entrance' and Wtrre kuuwu to have been ad-
witted into the hotly ei the count There seemed as
pettPle, ^All to be the same people waiting
eotAide when the count adjourned as when it opened ;
thnuglt when the proceedings closed for the day,
therr WO!! A Wight mil, on the diance of seeing the
vi.oir2.ont. the outside feature which impr.sed the
'..sitor most was the marvellous patience dis-
t.layed by the people, who derive an occult plea-
sure from gazing upon the outside of a building in
which an important trial is being carried on. Once
within the SYSN11111:1 .1101.1 Se intl it seemed us if the
famous scene lee! been preserved in all essentials and
that the tacation had not altered it a jot, except that
judge awl jury, claimant, barriste., and witnesses
all looked fresher for the four months' adjournment,
and that tokens were not wanting lif a disposit to
shorten, as far as consistent with justice, proceedings
which have occupied so much valuable time.
Oils:site the Lord Chief Justice was the space
reserved for the press. The seats to the right
and left id this were filled by ladies and gentle-
men interested in the case—the former predomi-
nating— while the sides of the court to the right and
left of the Judge were tilled by barristers in wig
“,id gown and by the jury respectively. The Bench
was full, but not crowded, Lord Granville, Sir William
Codrington, and Sir Charles Ailderley being among
those present at different periods of the day ; while
Professor Anderson, "the Wizapl of the North,"
ltoglc, the negro servant, and other people who are
either directly interested in the results of the trial, or
Ade, have given or are expected to give important evi-
dence, were is.inted out in the portions of the court
already referred to.
;

iay
of thone.i.reaent did not see the clainiant at
aIL Ile remained there but a short time, sitting near
his solicitor, Mr. Spofforth, and immediately under
Serjeant Itallantine, and Mr. Glffard, his counsel. It
was remarked generally that he I.siked partieuhlv
we-IL After the Loot Chief Justice had bowed to the
bar and the pry, and had taken his -sent. Sir John
colerielge trade a communication to the effect that the
ogreemeht witieh had been conie to between the
cann..el on loth sided with respect to the short-
hand nt ti's could not be adhered to ; to which Serjeaut
Rallantine "Those whom I represent cannot
afford the expense of altort-hand 1114,1. I now men-
tion that the short hand notes coat upwarela of I:300
is week.- The Lord l'hief ustiee said, 'There are
-oow mutely two thousand sheets of notes," at which
--me of those in court smiled wearily ; and then Si,'
it who wig. always referred to as
Mr..lttorney-Genend," explained, with great sweet-
loci Of manner, that though willing, on behalf of the
clients, to liar the full ego,t of the note-taking, he
...mid not undertake to let those representing the
elatmatit have copies of the not,. he Lord Chief
Justice pninounred thi, to Le 11Sele4S, aS his brother
lballantine would be unable to follow the evidence when
read ; after which the sithjeot dropped.
The greatest secreny has been maintained by both
Rides in regard to the evidence. to be brought forward ;
lot it is knewn to Inc extronely voluminous, and that
the procemalings will in all probability continue to
~,griny the Court for some months.
Mr. Secjeant Itallantine, .Mr. Gilfarel, Q.C., Mr.
and Mr. W. It. Rose appeared for the plain-
...tf the Attoniey-General, Mr. Hawking, ()X., Sir
11,iirge Hntnytnan, Q. C., Mr. Chapman liarber, and
Mr. ilsmen fir the defendant ; Mr. Henry Matthew;
'., was for the Doughty trustees.
'lle Lord thief Justice took his seat at ten o'clock,
an-I the whole of the eleoen jo e ryinn having appeared
in the 1010 and answortel to their names, the ease pro.
eveded.
'he first et (deuce put in was that of John Joseph Shilling-
law, who had been examined before the Australian vidn-
nibeion. The witness i'muisl,l I am pniprietor of the
Month Iji 31 oyo:ioe. and have been ill the colony
sinve (let-her, I IVt, clerk of tlo, bench at Williams-
tuin, the port of tetitollrit. in 154,2. tnt January, 10:4, I
was appointed Inspi-rter of Wstyr P.llcc, and remained in
thst pus it till t,51 wlim I was appointed tiovertiment
shipping-master. I he'ht that eilice fir thirteen years, when
I was rel ietctl, 441 ft ex neral reduct the cis it Service
from motives of plablic economy, and received compen.sath at.
laming part of I I Was at the :t.l t w hole tetaria
a-atter police force consist ingof alsiut lo or 12 hunts' crew sit
!lye men each. The arrivals of "verse, shipping were larger
then than those before or since. I know from my °will:WM.-
1.0, riot Irani the t'ustonphouse returns thu ill the year
t-..". 1 there was too .re shipping in llobson's nay than in any
Year before or slime. I took the vensus of the to put
afloat in 3une, 1554. hi that year there were truth dittictilties
It. maiming a ship outward bound almost universal desertion
toll: eilitntiii, prevailed. It was the duty of the polka to board
rvery ship entering the lay to the best of toy knowledge that
duty was performed. It was also the ditty of the in 111 l in
officer to hoard shit... 111 153411 man hal many hundred myself.
I tonal that desertion applied to 'bakers us well as men, cap-
tains as well as others. I have known toasters I,f :kito to
1.-rui a party out of their own crew to go to the diggings.
The police art's-skit many thousand dens-flees. over
i:g00 men a year wore reported us thsertern during 1,54 and
We have brought up as massy sus no men in a memo%
U. the pollcoeourt. Very many ships Weir litl,i tap Si ith.
Perhaps, only one or two men lift oil board. In One ship
Mn- f.,iittd only a hey and a eat ; they had laaat three l'or four
tia)s there. (Laughter.) A ship called the Doke of IkqljOrd
was erne, rted Into a Imlging-house. It was a common
thing to find lighterrnen's boats adrift. once we found
a titan swimming ashore, pushing a plank befare him,
with his clothen lashed in the middle; another time a man
getting ashore IT a carpenter's bench. In One ease a party
.ef thirty escaping from the Great ra.lilltleitt were shot at,
and ene was wounded in the back. Before the Merchant
,hipping Act came lots tern., in May, 1,55, it was the
practice under the law here to levy a poil-tau.f ta, per
head on every statute male adult. There was not to my
knowledge any practice of rewarding masters for bring-
hie shipwrecked persons to the port before May, 1855.
There was no inducement to masters to bring such persons,
and If a nmster ha,l any such persons on beiaril there was
twi pecuniary Inducement for hint to publish the fact.
The 11. atertoilch I believe you will find etas a special case,
and a vote was taken in the Colonial F.-tint:des fir it.
think a master brisioiog shipwrecked persoos to the port
bet are the passing of the Act would kt them go ashore as
soon as possible. Ile ntight inquire at the Custom house to
gee if there was any reward, but I am pretty sure he would
nod there was none t do not remember any shipwrecked
persons being bronght here. Now you mention it, I re-
member the Wah-reririle ease. I remember :silo that of 31r.
Liar, who was wrecked at the Cape, and ill hunted up the
duty hooks I might find others.
Cross-examlned The polldax of a head,l find, did not
come into force till Regular liners It-ft this port ittlwrii.
11 have seen Vat. Mai, and as much as CO paid to an able sea.
nl3ll for the run home. I did 110 t Like the census in
'the master of a vessel was bound by law t i give a retinal of
all passengers to the Immigration Office in 1,24. There was
no insuperable ditticnlty in a mana getting home ass poi-
meager in 1924 ships dirt get away somehow. The diffi-
culty was simply delay. Any man who could do anything lin
a diip could get lumte thrre was no iliilieulty in a sailor
getting home. A man might have gut away easily if Ise would
Wilts his passage home.

_
Re-examined :I ntaeine the went passenger" Ni the Act
tlid not Include ship% e eke! per' s 0,1,01, who wAn
ellott.lllll illl 1, is lb:ad.

The oral evitlence was then proce.led with.

Mr. W. F. Wilbraham tiardet, of Fulham-matt, said
Vsoml9 to 150 I lived at Sandrblgo, Llobson's 113 y. and
UMa ship mail contractor, in I -:,i I remember a ship and
n!,“ a ...honour, each 'lamed the lc.j y. arriving. I boarded
the schooner. They were both American vessels. I slid
5,-t observe any per, so, hut the crew on bead ; but I was
told [lure were shipwrecked sailors on board.

Th.. Lord thief .11,tice Vu must m,t say ulat
10,1,1

: A gentleman rime to MC a fortnight ago
f"r informatiou :thoot the shipping. I waY well known in
the colony as !Ming information iipon the suld,t. Ito
nitAltitoneti the I told him that it war an American
vessel he did not tell me that. I recollected the name b—
eams, tiling a sportsman, I sometimes Shot :in osprey ill
Ilohscm's hay. 1 lave known three vessels of that name In
flobson's hay.
What were you asked by the gentleman was asked if
I could give any informat almost the Overy in
And in lan you recollected the Oxproy in lied ?--Yes. We
la,arded every vessel that came into liolison'A hay in the
course of ant duty. I went to New Zealand in 1006, and saw
a vessel named the Osprey there. The schooner was thy,-
tc,ted, and I should say root COO tons berden. This was
00 unumal veßsch and therefore I recollected it. The ship
011 s Owl i.e 709 tolls. I read reports of the Tichborne trial,
and then I recollected seeing the two (hpre, .I lo not
kt,ow where they f They well, vessels,
haVa int..., in this Matter. I hare no

iii sit the Illtme .4 the Ovrey, or the ilit., 1,51.
To the forenian id the jury: The schooner was funned by
Vglikees. I allogthl civ there were afoul twelve inen in her
•.rew. They u er.• kl,iug I Wam 1,1110 iii heavy
f.inilties to hustrcl vvu ry vessel hr wog If they hall 1.31.1v.1
all F.:11,41 thy colt hue.. untlembsst their
laoznage I ton itt tin gno institotions in Itlellgairne for
Ainwrefskssl view. tI.1111.1e:to vessel hringing In such 111
crew would yen. T. I srg arrival .f
the ssel g :di, ieiss osl in Ow pohlie Irrat ihtin
Wight that: rt lid 011.11. My esp. s knee leatls site to be-
lieve that the art ;vat at it vessol with a shipwreeked crew
would be known fit the consol's tool reps.rted in the press,
but at that period there It ag very great excitement, and
things might not be reported. 'there was a Lloyds' agent at
3bibounie at the time. It would he his duty to collect hi-
formation as to the arrival if a shipwre,ked crew on board.
I freytently gave information to the newspapers ; bat per-
haps I should not communicate the fact of a few ordinary
hands being picked up.

John 1-:‘,•FNn tiardet Fam the son of the last witness, and
settic,ter Fulham I rrsieted at Victoria with
JO) Father. Iss hi the plat,. its 16A.
flare )o,i any rs Olin t ion 4,1 the vessel your father speaks
?—Ves. The very day I arrived In Melbourne the matter
occurred. Thli 1,1. The name I recollect per.
fectly. It She was laslitted out to me by
my broth, i C. wai then Odd emigration
:went tln re. I • sot spoke to one of the men.
IFebs4, hL wcnt. No ant
taken. it ,- . Ti.. wav
rental kably I.ti • ;I-.• Fvuulin rig, and a very
haiols4 re-••. 1.

W. there a mnintunitatiwi 111IC 1:1 you by any person on
board Simply nay yt ft or no.—

_ - -
I rosg-eneti--iitieff I have pc, 1,0-nl..As In re hot to ankt ny
lath,. Ile in making Important clainu against the Goveni-
nivnt in connection 5, ith Deptford dockyard. I was in Mel.
bourne clerk of Petty Ses8i1;1111, ..ainiksioncr of Cron n
I ands, Cononi4sioner the Soprenie Court, Clerk of the
Peace, and I had seven' other offices.

II at once ?—All at once (A laugh.) I have not read the
iehborae trial. I have talked alr.mt it. I mentblllell it to
my kinsmen, the Woottons ; and about a month ago I was
applied ill by Messrs. Baxter, Rose, and Norton. I referred
them to my father. I had nothing to call my mind to the
1r.0.p,e from la:4, until thistrial became the subject of eon-
%.•,ation in Melbourne. I think I was only a few minutes
1.1, board the Oerrry; and I won allliolli tO get to my friends.
'I he crew of my boat having mentioned that there were ship-
wrecked sailors on hoard, and she being such a handsome
model, I told the men to row me round It.

Ile-examined : I heard of the shipwrecked crew before I
This trial was (311441 of io[bourn,.
I .1%.p• it .:11111! on. (In loy line Ijr ii an., 1,..-
yiently end I tint thew I tecullected tine Uj,, y
,orniii.;l, lit•iloonflic.

-
•iniall Ivrtitin Lnekhart 1 ant a flax spinner in Fife-
`fetetin mpiny alrotit nut, bw0r...1 limits Ija 1+53 I Wvllt
I • I
I.9ii a putts.' in a shipping Intsiness at
Vi illiaue,tesu ',lv then ruiner, Mr I.line,leit, ix dead. It
19 i,l t tie tr Int nine
F t.. ‘lritoolrlto. janlllo. •• Acalner it tV:11
4, in Nlae, June, July I ...met, ::,y cliii Ii lannth
but it Arai nn to it tile litton very tint
s. The
theare s.-4,-•,ns there are Just the reverse to what
y In rt

.Inir wintor nr niunm, there ?-- %Vint,. I know I went
ItlttrY in f ff'tfAer. 'tilt! It was home months previous
tv that.

To the judge What I meant to say was that it was very
hot weather in October ; I cent with the Cendet from Wil.
hiftoSSlown to Melbourne. Captain Carder TM captain of
the Owlet. Ile is deal. If, tootle a commindeatini to me,
lle spwke to some venous who were on board his boat.
Mr,tirrleaut : I propose...lo ask what that emu
nnmication woo.

The Attorney-General objected to it aa being a communi-
cation behind the back of the defendant.
Mr. Serjeant Itailantiue : I put it as an explanation of an
act done ; the pointing out of the men.

• -•
liii lordslin: did mud think that the communication was
Ci idence, and the question tills not put.
Witness: I saw the persons he pointed out. There were
ten or to elve of them. They appeared like ',dims. They
Wert, Init part of the crew of the steamer. They were pas.
Delivers DA well as I was. Williamstown is ten miles from
Melbourne. They looked like a number of sailors who had
collielt a ship. I had conversation with them. They were
not all Fandish. I talked with them a long time.
huh you learn from them where they came from?
The Attorney-General objected to the question, and it was
not rrell6.l.

IN !Mess, I did not see any sea-hvseli with them. I cannot
say about their dress, except that they were dress, .1 am
EMI,. There was a shins captain With tunis. My cow
Vet sation was chiefly nail him. My inspressiou is that he
wa. a W ekliman. He pointed oat a WWI Ming a long Way
out, She had three masts I stout t know her tonnage.
Meth •urne harbour at that time was crowded with vessels
The vessol pointed out was black painted and had an
elliptical stern. At that time crewsgenerally deserted 550,5 w
as they got there. My attention was first called to the Tich•
borne case about 1567. The Comet was believeed to have
gene down in 1561 with all bands. I said in 1.567 that ill
was in England 1 could tell them something of the vessel.
What was the practice at the time as to crews picked up
—lt would be the duty of the captain to report them, hut
there was nothing binding on Min.
cress-examined : There was then an emigration offiee
where they kept lists at Melbourne at the time. It was very
hot in Oetober. ()etcher there is part of the summer—t)ue
spring. it eould not be In September that this occurred.
(Me reason is that the bay was not crowded in September. I
don't believe that it was October unit nobody shall persuade
me that it was. I believe that It was June, or July, or
August. I can give you the names of several vessels that
were in the Bay, and they were not there then.

_ .
The hied Chief Just's (en you swear positively it was
not September 7-1 won't swear.

To tin Ilswkins : It was not in October. I know that It
11/14S months before that. I have never seen any of the men
from that time to this.

I:e.examlned I have no interest whatever in this case on
one side or the other. I have no doubt whatever that it was
before September that I saw this crew. I have always
thought yo. The person who seemed the captain came from
the same vessel as the men.

Mr. John Steer lam a carpenter, anti in 1854 I went from
Greenock to Melbourne. I left In September, 1853, and
arrivedthere on the lot of April. I remained in Melbourne
for a fortnight, and then traded to Launceston. The fith of
JIIIIII I returned to Melbourne, and remained there until
Attuat. While there my attention was called to a vessel.
What vessel was it i—The Bella. I met a shipmate of mine
and he said that the crew of the Bella has been picked up.
, Thii last statement, not beim:evidence, was objected to )1 did
It 4 see the A lla. There was another vessel. I did not see
her at any time.

. -
Mr. SerJeant Ballantine Mid that there was one other alt-
-11005 in England whose evidence would bear upon this portion
of the cav, and there were others who were not in England,
and he there( we proposed to leave It for the present, and call
the witness St ore, wlni examination MO not finished in con-
seivininiu of the sugvestion that it was not convenient to
finish it until tint claimant had been examined.

John Moore wasaccordinely recalled and examined by Mr.
Oifiord. He sail : Since last examined !have not spoken to
or seen the claimant. I sass him In court whilst under
examination I have net the least doubt about his tieing
Ely old master. I hove some Alight knowledge lif another
accident besides that which happened with the fish-hook.
W ben iii board the vessel he caught more than inie
albatross, and one necident occurred Irvin a fish-
Mail: and another from the wing of the albatross. I wax
present when the accident occurred. We caught the alba-
trees, and it struck him with its wing. It reminded me of
being struck on the leg by a goose. The accident occurred on
the deck of the Pootioe. Sly master varied very much
about the time he was dug to beltway. Whilst on board the
Pa ,s 1 no he at one thue add lie would be away Is 1111 l Mks,
another time two years and a half, and another time he said,
"It will be a lug time beh,re lily friends hear from me
again." I remember the spinning f tar coard On board
the Paulin'. There was a machine used for it. I did not in
the tint instance remendier it. It was called to my recol-
lection by the claimant mentioning it. I believe I asked him
what things he recollected on board the Pauli,, and he men.
Honed the ter-cord machine. I said I did not recollect
It, end he said, " hut I do," and then he described
the motion, and drew a rough sketch, but noleoly
could understaad it. I think. It was brought to my recal-
lections by the motion of Ms 1111111111. He else reminded
ice of a large cask being placed on the right hand
side of the vessel going to the cabin. Ile also mentioned
olooit pigs running shout the deck I did a t remember it,
lett I remeniin, eireinustabccs which led me to think there
were pigs, thiough my slipping on the drck. I remember
him ilieoti.,iug about tiring et its bottle ; lint I do not know
whether he alluded to tiring it at ['pion Home or On 11.031,1
a ship. because he did It at both places. When at San-
tiago be mem ioned about his having been ill. He told me
what his eke.st was. I paid the doctor's bill for my master.
In 15,v7 I was is communication wills persons interested for
the defendants.

J)et)011 give to them the diary you kept r---1 gave it to
r. Unilir,gton I hare never received it back.

-
by the Lord Chief Justice I never made a copy of the
&my.
I by the Solicitor.Ceneral I never matte
, nor (ILI I permit :wpm., else to to se. I
wr,‘ ; ''• offlogton in April or May, lei 7. That was
• was ,Aamined before Mr. Roussel!. I
•
thicf Justice : I don't recollect having shown
Stir liary to any one before I gave it to Mr. Cullington.
Witness I remember the skinning of the albatross. I
did not put the hook accident in the diary, because Mr Taub-
borue forbade me putting anything in it concerning him. I
did not obey him to the full extent. I always remembered
the lnmk accident. I did not remember the accident from
the albatross striking Mr. Tichborne with the wing until I
beard it in court. I heard plaintiff's examination at the Law
Institntion. lie spoke alp .01 the hook accident. I had no
c,mversation with anybody at the Law Institution about the
albatross. I never said that he had made a 'trash' of the
albatross. I read hr the newspapers your question upon it,
and it very much surprised me. As far as I can recoiled,
the plaintiffs account here as to the accident with the alba-
tross's ring was correct. The book now handed to tee is in
my handwriting. It is my diary. The page before nod the
neat one, being the two last, were written by me in Edin-
burgh in line, the previous part having been written in
1,353.

To the Lord Chief Justine : This is the diary 1 gave to Mr.
Cullingten.

Examination continued It was then in Its present state.
There are various matters that hare been added since 157,3.
There are cuttings from newspapers anil I 4 ha matters diete.
To the Lord Chief Justice. This Uary was written day by
day as the events occurred.

It Is headed " Diary of a Voyage from Havre de Grace to
South America." That is what made me ask.—l might have
put the heading once. I never expected that this book would
come into a court of justice. I put down anything that came
Into my mind as it occurred. The liook was bound ill Edin-
burgh in the beainith:g of Iso7 or the end of IStok It hail
beta bound before, but was falling to pieces.

After several questions had been replied to respecting the
diary, the Attorney-General continued a letter to the
30th Jane, 1,33, to Mi.. Gosford, you soy, "I send you a very
tough sketch of a journal that you suggested I should
keep."
It was a rough sketch. I have no other lemma' than that
handed to me to-day. I may have had memorandum hooks.
I map have them now. I may hove twenty. Your 1115i111111•
thin that I have two journals in not true. In 1567 I was in
Fen ice with Mr. Fletcher, of Edinburgh. I then went to
Mr. Tatbot, in April, Ivll7, in Devonshire. Ile was a cousin of
Tichborne. Ile had better explain the reason of his dis-
charging lee. He assigned no particular reason, lie might
have said that I got drunk. I had a conversation with Mr.
Fitzgerald, a relative if Mr. Talbot, about this ease. Mr.
Fitzgerald %ride down a statement. I made and I signed it.
It was true to the hest of my belief.
'the document was read. It detailed a journey ut witness
to the plaintin's at ESSeS Villa, Croydon, in company with
Mr. Geddes, who knew Mr. Tichisove. It also stated to
witness's belief that he was not the linger Tichborne he had
travelled with. This document was dated 3/arch, 15437.
Witness continued I only saw hint walk into the house.
I woo most prejudiced against the plaintiff until I heard him
examined at the Law Institution. I know Pitts, a gentle-
man's servant. I met him at the ' Coburg," in Chailes-
street, I:rosvenor.square. Ile was then in the service of the
plaintiff. I may have said to him, .• He is no more Roger
than you or me." He might have replied, "lint the old lady
acknowledged him,"

Wynn say, " My dear sir, if they had sent over an Egyp-
tian mummy, :tad ticketed It Roger Tichborne,' she would
have acknowledged it as her son r

I beg her lady(ehip's pardon if I sald that, but possibly I
might. (Laughter.) I did not get ela/ from Lady Tichborne
US in.nvy owing to me I,y Roger. I received £5O from Mr.
(Maori. I think I wrote to Sir James Tichhonie what I
should call a bogging letter, and got .i:5O in answer.

To the tor.l thief Justice This was in IsA or
The Attonicyr /eneral : Is this statement in a letter true—
" Ile told MAMA that I owed him c.,/ and got paid

It Is not true. Gosford lent nie : and Liter I asked
for another C 5, hut did not get it. The first situation I had

after I came back from south America was with Cob nel
he-lie. I was never servant with Mr. Leslie. I hail a con-
versatinn with :Jr. NValnicsley after the plaintiff came back.
Tbk wm at lir. \Valine,ley's house in Mount-street.
Ithl pin say to him pot were absolutely certain that the
elaiamut wane rank imp,stor?
I have no recrllcethm of any Finch conversation. Which
Mr. It aluicsley in yore errant There are two of them. I
cannot ray whether I anti 110 or not.

To the Lord Chief Justice : After the Vxaminatioil at the
I. lllPtitllli,lll I net, said he watt an impostor. f might
hove said as much hefnre the examination.

The I,eri chief Justice (at foor o'clock) mitt he thenhi
cow:tilt the convenience of the jury us to the time f the
silting Of the court in the looming awl the time of the
aajeoi: .... • “1.•

The Forennin sail that the jury hoped that an adjourn-
nomt WlOlll. I take place al-cording to the oil arrangement, at
t•our il'eloek. and that they would not sit on Saturday.
The !mod tide( Justice said that the pmvious arrangement
would, tauter these circumstances, be adherent to.

The hearing of the case was resumed on Wednesday morn.
Ma, when Mr. .b Wmre's mots-examination was e.mtinued
by the Attorney-I:corral, mho real a long extract from the
Nit ness's diary, relating to the period when they were jour-
neying front Havre to Falmouth, and asked n-bother it was
lapt I day to day. The witness said, Yes, on hoard
ship."

Isl 4. you contour...raucously keep the ii(her diary we hail
est cilia) ?—\l- hen 4loes the first diary end?

It (Nell through Alsrch and into April. And then there are
some entries in the sante 'we in August ?—There is no
inference to Mr. Tichhorne in August.

I know that. Did pot keep two diaries contemporaneously?
-All thy. a were writteet tiro hoad.l ship.

The Lord Chief Jtv.tiee Tint it n..t. the que,tion,
knew it. I de. fr.; tII.IE 11 wtU net %,e,tre the thee of
the veurt.

Witness: If you call those three documents journals, (kept
(lire contemporaneously.
The herd Chief Justice I have looked at the little hook,
the larger one, and the paper in reference to entries of the
20th and 30th March. and I Ilnd that the circumstances are
entered shortly in Ihe little hook awl in the paper the letter
to Mr. tiosford , and longer in the larger hook. The entries,
however, are wit inconsistent with each ether

Mr. Serjeant Hallman*: I Was going to call attention to
that. 1 refer your lordship to the entries of the Ist :ilareh as
illustrating u hat your lordship says.

The Lord Chief Justice :It does The larger book looks u
thangli it was written to be printed.
Serjeant Rallaotitae: A book of travels.

Attioney-tieneral (to the witness Were you keening
all three diaries at once —Yes, I was. I carried the little
book in my pocket, and made memoranda, and then when
the weather was calm I wrote it in the larger book, or in a
letter to Mr. Gostord, or anybody else. I could not write on
certain days because the ship was rolling.
olnk at the account 14 the hook accident : when was the
latitede :old 'wound, put in weeks at terwards,
pi I inapt whet. I e.tt lora the mate. It was put in w Whit
wale ont board.

lou said yon inn. i beapi 4.f the mule accident until you
heard it in Court . how look al that lettcr from ) ourself of
February lith, I sA, in which you my, "lie has lost one of
his mules with barrage, by falling down into a ravine, tint
laggase ierovered Joitt in oil it nes not 1.1110ielf."
you say now It is perfectly C•of rect ; but it Ilt,Cr
o,curred to my memory. 1 lion e some recollections of being
In the pantry .4 Mr. Collitigtotial.
.1,1 shuttleworth, the butler, ask you your opinion as to
the eh ' tint toting 1110 real 111111 111.1 you say you oli.l
not Intend to say too much at present, as you had not made
up your hand (ill which alb yes gulag go that yell did