The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-06 00:00:00

A-Juror : II not the de/endant a Homan Catholic?

SE-. Keoealy : 1 rear he Is a very bad 8e.,, I fear also ehtt
tvh,..t the date, dent said In 18C6 b• I be n carried to other
•.z., that he la not Ip lag to be Co hberal to certain
pu11..., his ancestors have been.
The L ,rd CLIO Juttlce said iiwas not known until Gibbea
mewl acted It, cod the statement that as. In the pound era,
g v,-n to the Church was too preposterous for belle. It *as
denied by Mr. G. ford.

Mr. Kennaly said thPre wu more done In that way than
many suppoved. He decilind to take Goeford'e denial If
Sir Edward Danghty's chetine b oh hal been produced they
ould have told • rilflprput tale to that of God..rdl. Pro-
bably what had been commul.Mated to (Abbas might have
given an Idea to certain teoplei that they would not get much
out of the &fondant, that be was not the nun for them.
art that might have given it,, to much that had bean
done In the coarse of tl.is c,3e The learned conow I

de.) to any that tot hail call, wi,c. on woo hot fee qt.
!bed the defehdent In his fet.tur t hair, k. hi • e
ad by ht.s.ntt. ot remarkable grao soil set est Can. hter
Ile was scrim. in it. remark. although it hod g iv. , rite t
that smile. A • uffi,er war a or...debut 11 tura in the
kndirape, and who was person who wu taken particular
to tic. of y his mon, and tht-y were or r I kelp nien to
remember tne COTTIV:o Caere and features of th se who had
entum•nded them than those who were their companion.
and friend*.
The Court then again adjourned,

At the sitting of the rout on Wednesday morning, Mr
encaly resumed hie speech by contending that the pvesecu-
ts, ergs fours -ed on a prtmiple utterly aht o•reet to the
Englith law, and Indeed to every principle of justice, because
tine crime was taken for panted, sad innocence se a thing
that did not exist. The wit, In of the operator for the prose-
cutions was bued on the idea of guilt; the whole ovum, cre
for the defence wee traded as If it wells evldeoce pr.tl
the crime The only endue that could he offered for inch •
procee ling was that the mind of the lea !lug counsel was so
Imbued by the prejudice of many tests (as appeased by his
own admission) aut he was ens In to divest himself 01 it
when he came into this criminal con, t to press his charge
against the defendant Ordinarily, in criminal cues, the
pews who conducted the prosecution did not preface his
evidin.c, with a •thitlUelli expressive of • foregone coin.
c tutors of guilt, and, In his judgmeLt, the Imansge used in
this case wee without parallel in any criminal proceeding,
unless in infamous dam when At•orney•Geueral Coke
thought it decent and right to adore. • prisoner In the
words he had quoted p,atentat —day, which would always
he reprobated by every hi n •urahle man, and, he hoped,
had passed away for ever. Having read a passage from Mr
e•kins'a speech, Mn'. Keueany said he Meth city hotted
the jury 101st, the guilt of the accused for granted. Coln-
merthug further on the course so Mikan, ha went on testy,
" This hu never been the Paw of England, and, in my
opinion, tile the law of hell."

_
The Lord Chief Justice : Really, Mr. Keneal), we meet in-
terpose. That Is not an eaprendon to use in a court of
low ice. It le taking a great deal upon yoareell to say what
the law the.. Is.

it r Kenos!). : If your lordship takes on yourself to prescribe

. , -----
The Lord Chief Justice : I take upon myself to say that lan-
guage Neould not be used—l will not 1111, blasphemous—but
roost Indecorous and Improper to be used here.

Mr. Kenealy : I demand Lobe bear. If your lekdshlp In.
leads to prescribe to counsel what language cr what argu-
ment he shall nee—
The Lord Mel Justice : No; certainly not argument, but
I do undertake to prescribe what Is proper language in
court.

Mr. Kenra y: It Is proper language.
The Lord Chlet Joule.: Mr, I say It Is not, and it shsll
not L e ustd. Ihers Is not the lesst occasion tor It, and it
must shock noose ears If Is does not shock yours.

M. £ensly: I hope toy earn are as futidlous as anybody
"SO".

lbs Lord Chief Justice: I dare lay; but I thlek It to the
duty of the court to interfere when such Improper exprie
'loos are used.

Sir. genesly, continuing his address, said that no language
of his could be sufficiently etrois to °spree, his abhorrence of
the course adopted or his otter diegust of the way in Which
the cue against the defendant was presented to the jury
According to the English law, every man was presumed en be
Innocent until he was proved to be guilty, but by the con-
duct of this prosecution the prisoner was presumed to be
guilty and called upon to pro. his innocence. That he
reprobated as a scandal and a disgrace to any earthly tribu-
ne), and mid it wes only fit for the tribunal to which he had
referred. Than out of doors some people said that if the
defendant was Emote Tichhorne he ought to he hanged,
end that If he was not he ought to be hanged ; in
either case he wee equally guilty. That wee • short
aud, perhaps to some, an egret able and satisfactory
mode of settling the apse, but it was not the mode of
settling it in a court of law or justice. They were not
to haus him under any conceivable circumstances, but only
when he was proved to be guilty. tie, therefore, hoped thee
the jury would not be influenced by what they heard out of
The learned counsel then said that In one respect
thts was the most remarkable trial in Itog's id—perhaps in
the it rd—ole, that the prisoner was gelled upon to answer
Ills whole life, and that if he had forgotten the most
trilling events of his chldhood, youth, and manhood, he
was guilty, ills recollectrm of them periods we. put ag dost
She united reconectimm of tur witnesses, each of whom, added
by diaries, Vurnels, letters, and memoranda, remembered
imam Isolated act, and if htt could not aatslactorily reply to
questions on this great congeries of facts, he was a perjarer,
and the jury were asked to find him guilty. Even if he
@poke rightly, it wts not put down to his knowledge or re-
collection, but was treated at evidence of falsehood and
des•gn, and it was eald he had Me coached by old Bogle,
bliss Brains, Sl'Canu, eerier, and Mr. Ontl or. He was, In
set, put In this dllenines—that whatever he did be was said
to be guilty, and he hut no possible chance of escape. It was
c,net (men tly most unfortunate that the defendant was per.
ml Met to take his trisl ono, r circurnst ,oces •h mad, it
nen:weary thst he shonid answer for his whole life, Clien if
be hod neon charged for perjury simply upon Ws evidence
ae to Stonyhurst, Wu Loiter, bliss Hale, or Mies JD tufting,
which would have answered every purges., the trial
might have occupied oily two or thr e days, and
there would have been something like fairness In the
prmecutioo. Haviod remarked that no man to East end
could pate eatisisetorily throlgh a crosa-aramloattoo like
that to vrh,ch the defen !atm was exposed as to the whole
ur se of hie life, he entered Into a long argument to account
fir the defendant's f crgetfulums, supporting his tilt ory by
reference to De. Alkin's " Eyes and no Eyes," and Montalgoe's
Confessions of ignorance of the simp'ed thinge connected
with husbandry, although they we. constantly passing under
his eye In the country where Ile had lived from his infancy.
Il• also prised over the seine ground thet he had taken up In
his first speech to show that, in addition to his want of the
powers of of serration the mind of the defendant had beau
weakened and elmost destroyed by drink and (Vesication,
and said that toe jury tonal aleo hear In mind that If his
ivory were trite, they must be preps. I for any act of &en
right folly on his part. The wild way ire which he abandoned ,
imme, parents, relative., and friends, arid led elite of exile I
and seclusion from all civilise. ion, could only be attributed
to extreme folly, extreme notation In, or extreme despair, or
all combined.

Mr. Kenney then dealt with the defendant'. evidence
about St dy wet, and attributed to a diaesee from . Lin he
we. suffering SOIMO ‘..f Its apparent Income o..uries, end panl.
cularly those parts where be said he lived In • ("Maga out-
side the ColleAe gates, and colored topics the 1.8•4011 wby lie
Immediately left Stontharst when he returned In 1849.

•
The Lord Chtef 'Justice remarked thet the correspondence
oh lee 4 Oa Roger Tlckborne never returned to the college
alter the vacetion In March, 1848. Alter he left then they
coul trace him, step by step, wt•h LI, father abroad and In
Ragland; and In November, 148, he wrote from Iraoyla
to kis motber, saying be nova intandad to go back to
Slonyhtirsk

Mr. geneedy aid thews wee nothing to oonlendiet his
hypothesis gnat when the detesdant returned to nide, house
at 1849 be Wee etuntraelly expelled tie (the 'carpel swinge)
Mowed Mut 81, Jelin Coleridge most have knows of this
cireamelastee when he was Met examining the defendant.
id maki be relied npon it as the sheet anchor of lin dine,
muse le vat. saber ma be whieh the oefeedent aux
0 boo been coached iteggeption had been mad* that the
ofendent obtained lit kn-ehiolye of doe iichir min"
Analreda from. Obi Elomplrews, the Jaunt Lootelog.
Aso, and the Peerage end laronsta.oe," bee ere can n •
go:nal,:
elts . port. T •t so
evel ore hale . f
whohs Informationwusa to llots
a kind of volume of universal knowledge' about the footle
bat he did not other from Mr II .wkins whether he meant
to tem.& him as an innocent ohne or a consenting party
to the trend from the very legfrodng. rube wag an tatridgent
and shrewd man, and • Moat fademble epeclmen 5* the
African race, be Mamboed Waldo of ide being • elope, sad wee
detesn to the •Wrnative dist be mipt. 11 he wont 'Puking
ntirstlif ally, its knave • nes more glatioot Mho=
the dreniption of Roger TichbOrne hi the advert,
and the defendant could hardly be found, aid If tile
latter had beau an liapeetoe ii we Impounds to mama
wand what ore the information was to him, or how
he isould hale hoped to succeed in pomading Bogle that
he was the right mad If Bogie had lent himself to a
fraud, he wee negativing the whole of his past lire
Wangs* orse • man• of iii other., to be made the an-
willing dupe of a clever pilot. If he (Mr Retied))
were • c'ever priest, and one devoted body and soul to
the advancement of his Church, Indeed al getting hold
of • rogue be wonli apply himself loin hone t and honour-
able man, and endeavour moot o mpletely to mete hian
hie dope and slave. M. dAr,nzs was one of those
people who had been got bold of en a had been talked over
and eh 3 had given hie evidence with honesty and good faith :
but it was not deserving of any particular attention from
item. The learned couneel pointed out the ambition M
d'Arenra's description of Roger's personal appearance and
tunlgtne.a by so many oth,
A leryman In your trot speech you spoke of M. d'Aranza
ea • most exemplary man—• truthful witness
•

Mr, Kens&ly : And so I have said now, but he was a weak
man—hous at and honourah e ; but be bad showed himmif
to be persuaded with things that had been proved never
to have stilted. It was strange (hot two persons so Inti-
mately acquainted as Roger and M. Warm-re were that
Roger never mentioned to the latter that he was tattooed
or have shown him the marts upon his arm. M. d'Araost
wane perfectly honest man. Ile might have been talked
vur about Roger not being knock kneed, but be could not
be persuaded 1 y any priestly Arians, to toll them what was
untrue shout toe tattoo marts.
The Lind Chief Justice said no Imputation of the kind
w.s made against M. diAranz• when he was crost,ixamlised.
If that line of argument was to be set up, he bught to hays
been sated about R. There ought is have been some founea-
Mon laid (or the iteory set up—not to set up a theory mid
than mums the fact
Mr. Kentaly said he had a etc lit to argue that M. d'Aransa
was not accurate ; and, secondly, that las might possibly
have had infused into his mind by some other party notions
of Roger rich b wit's persoital appearance.
The Lord Chief Judoo said the first was a fair and legiti•
mate paiht ts argument.

Mr. Remedy said that K. d'Armas amoclated with the
lii,g.se• asd toe !tangles. The learned oorumal read
ITOkal r e cross-susamlnatton of the defendast at the law
In•lttutton to Mow that he wee not coached by Ledy
Tichhorne. Roger was not a person of accurate Infor-
mation, susd he we. earth at in the spelling of names, and
the same as wat to be found in the defendant a an-
druhted letters. Roger's Mtlnshansen exploit In South
Auatralls, his Ignorance of Omsk, and the defendant's
parches' of an hotel In Sydney for £lO,OOO, which latter,
the learned c9nneet maid, must have disgusted the family—
the extraordinary stories he told, Mr. Gibbs.' evidence of a
species of weakness of intellect, or related by him under
foreign influence., were touched Upon by the learned
counsel, observing that be used them as proofs demonstra-
tive that the de eodant did not study the Information In
the illustrated papen when in Sydney. Lady Tichbrrne kit
upon the real reason why the defendant made them lase
Mat' manta whoa she wrote, "I know him to be rather
giddy."
The Court then again sejmenecl.