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

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DR. KENEALY'S ADDRESS.

On Tuesday morning, ae soon as the Judges had taken
their seat on the bench, the 132nd day of the trial, Mr.
Kenealy begun his address on the part of the Ciabuant.
The cowl was greatly cromg ea, and • large assemblage of
people had collected tog Mer in the hall. The learned
counsel spoke at the outset, and for • considerable time
afterwards, in so low • tone that he could scarcely be heard
even by those in his Immediate vicinity, which led the Lord
Chief Jostles to sak him to raise his vice, observing that
only half ot whet he said reached the bench. Having male an
earnest appeal to the Supra'. Judge to guide the jury in thls
great drama by wisdom. Impartiality, and j esti ma, so that they
might arrive at aright conclusion, without fear, far mr, it af-
fection, he expressed his overwhelming sense of the terrible
respon.lbl'ity that was cast upon him, and confidently
hoped that if from over zeal be had occasionally gone beyond
the strigt limits of moderation, they would grant him their
Indulgence, hearing In mind the enormous difficulties en or
which he had I +homed in the conduct of the csse. Doting
the trial hi, mind had Amen continually under a mighty
strain, end he had Wen able to indulge In recreation
of any kind, or even to leave his chambers. Still he had
never turned from the faithful ducharg• of his duty
aa counsel, and would rather walk the street' in poverty
than. by Ireely donning his client, rias to the highest
dignities of the bench, or ride In gorgeous oqulpsgee
He was augmented by the camactousnem mist in aptle of
oratorical artifices and elab.rate felleden the twelve men In
the boz would be able to discriminate between truth and
falsehood, and that the maxima, Vineff mania bertha and
"Great is the truth, and 11 shell i resell," would be r• allied
in the [null. Mr. Renee], then went on to up that he
should show that In this owe god and power had been used
to support the most monstrous falsehood that had ever been
concocted in this conntry, adding that though he might well
be alarmed at hie formidable and unscrupulous adversary,
he was resolved to battle lath him to the very last, and ht
hoped he should be able to thwart the accomplishment of
hie unholy end. He neat spoke of the fearful difficult'rs under
which his nt laboured in defending himtelf, and pall,
although blotched and bleared here and shore, his cereer
presented One harmonious and consistent picture until he
surrendered himself to folly and mad.s, and forted him-
self there as • victim of that folly aid madam, called npon
answer the gr.re*t chair s that ever were made against
any man. Earnestly appeal.g to the jury to disabuse their
minds of sny preconceived opinions on the unfit or inno-
cence i I the accused, he said lie pie might have sole tem
dinlngroom to drawing-room or cub, denouncing him lean
ltnpr'atot and declaring that if they had an opportunity they
would sive effect to their opt.'-an—

Th. iord Chief Jtutice : --Who mid that?

lienealy I d:d not .ay any one di,.

The Lord Chet Justice : You sagest It.

Mr. &welly di I not think he Et;i Nadi anything to justify
h's lordship's question, lie was certain if Cu, of the jury
La I before entering the box formed an opinion of the case,
be redid not allow it to influence him now, and he thermal,
warned them, by refwence to the examples of past t mos, of
the danger of their giving way to prej idlee again t an Inch
Weal. ile then urged Vie jury to mutat, their predeces-
sors In the care .4 the unfortneste wanderer, James
A nnesley, wh- se :tory now formed the plot of an interest, g
dramn at one of the thestre•—• jury who c ,vcred their
name with a gory that etched the admiration of every
strident of 1,140ry by giving • Vf r lict for ri-ht and
justice against the wicked machinations of influence and
wealth. A. regards the present cote. after full and ample
comideration, In did ml hesitate to charioteer* It as
the worst, the wick- dest, the blackest, and the most
profligate prosecution in this country *tome the days of the
Stuarts. ii 11•111, referred to the truatmert of 9 r Walter
Mel. fah, who on his trial •as denounced by Sir E Coke as
a el ider of bell," and to too judicial tyranny if Jeffreys
and S. rogg,, he parsed on to the treatment of his witnesses
by the c unmet on the other side. which he geld wa• • dime
grecs to the adminktration of justice, and obtervece he
should have thought that men who had flourished forged
documents in the face of the jury would have exhibited er-me
mildness and some mole of deCellef. &nodally would he
have thon,ht el when bribery was add • d to the enormity
because, dieguise It as they mieht, giving Captain Oaks two
guineas a day—a permsnart Government 611%4Mo—war
briberur d
Chief
jaajlevelhgTCbahatrileen%C:rtporonvtldh a 'Mr.

Mr %mealy : I think there is some proof of it, although it
msy not be the best.

-
• The 1.-od Chief Justice said that the suggestion only reeled
on. conversation with Charles Orton which tram not admit-
ethic In evidenoe, and wee not admitted.

•
Mr. Minutely I am corrected, but the giving of the
rtlErney We hare heard of to witutaim as remtuurallau or
conmenration I contend le really bribery.
Tee Lord Chief Juno. To what Instance' do you
mire?

Mr Keno.ly : The £l,OOO to the Maklllaten.
The Lord Chief Jostles : That ham already been remarked
Itlmm
Mr. Kenealy : And £9,000 given to Goateed.
The Loitt Chief Jostles : There la no proof whatever of
Male

Mr. Kaneely : The WM prod la that he has not peild the
The Lord Cider Indite: He hat not got ft to Pei. If he
had Me Iluidees would wholly faiths their, duty to the Court
of Malian If they did set oompd him to pay.
10. Kg/00Y : He Went paid the moneyStad NMI that
Is exik,„•-(Lauglleil meikrro,g, hut thitsiny
ee ' the n ' van to debar , es
Thrlearned comeel said &Ming ea thee • Ili
Into cousifieretinn, t enured e CroWeenitht "
been a little len triuraphana overbearing, tyranuicat
and despotic in the treatment of the defendant's
witnesees— a treatment against which be strongly pro-
tested. Accordlog to them the witneseee for the promote
Mon embodied all the virtues under heaven ; then on
the others lids meet of the elope of ausdher place.
The Lord Chief Justin" said that whit the learned counsel
had uttered wee a serious relkcifon es its Court, and he
took oe himself eaphatleally to deny MI truth. If the
judges had seen any ill tratment et a wine.' It Was Midi
bounden ditty to protect blm ; be. betted not rove say, and
no application had been made to them on the 'abject. He
hal hegrd a great deal dempitimg ea-the UMW he would
not say of propriety, but or endmanca ; but when these
charges were openly made reflecting on the conduct of the
Court, he felt hoend to my they were wholly unfounded in
Yr Justice Lash I conn et help sliding that Mere Is Oa
the slightest ground for the inoinuation.
Mr. he nealy : lam sorry to hear your lordship say to,
because I nave the strongeet opinion the other way.
The Lord Chief Joslice : And • counsel fans in his duty if,
woen his witnese Is 111-treated, he does net ask for the pro-
tection of the court.
Mr. Kenealy said he hod protested two or three times
against the way Mr. Hawkins had treated his witnesses.
The Lord Chief Juotice. obeerving that he did not remem-
ber the occas.one, said it hod alwrys been his oracle° to
protect witnemes against being brow-beaten or Insulted by
' oonnsel.
Mr. Kenealy was softened he should be able to show that
his wit novas had been delthera:ely insulted, and In the most
offensive way. Next advertith to the rebutting evidence
ho said that in comegmnce of the courre eursued bj toe
Crown, as lilt were not enough to have to de.fide whethor
the defendant was Wver Tubber)e in not, they had the
additions' luxury of having to determine whether Jean
Lola had committed perjury and was really Captain Sorenson,
and probably he would be pot on ht. trial without havlog
an opportunity of properly defen ling himself.
The Lord Chief Joatice gad the court thought that where
the jury were of opinion that a witness had committed per
jury, the witnesses to prove it should be bound ov,r to
appear before a magistrate, and that wits • Course they
recommended other judges to pur‘ue.
Mr. honesty, continuing, said that if the Crown got a ver-
dict, he did not know where these prosecutions would st.tp,
and supposed Mr. Whalley, Mr. Bulpitt, and Mr. 13Iddulph
could not poesibly means from the charge of wilful and
deliberate falsehood. Yet he had hope. The defendant
11,d not called so many lords and colonels, thank God, but
he had a floe body of Carablneers, who whild weigh Much
more in the mile. (Loughter.) In crlnstrod case, the
Yuri were hound to Rive the poisoner %behold% or any dotibt
they might entertoln, hot he scorned to rest his defence upon
nit and relleo up ott the post ire and oversrhela t• w err.
vent, of Lady Itch• ono, Mr. Hopi:lag, and others to setn•fr
the jury that the dehndent wee the man he represented him-
self go ne. He proceeded to argue that toe manner and core
duet of the defendant proved that he amid not be the low,
illiterate, and vulgar brute which Arthur Orton appeared to
he; and that the way in which he boldly .and openly pre-
sented himself to the public throughouybe country showed
en Inward coneciouanem of innocence. If her were Orlon,
would he not, on being liberated from Newitate, have
escaped, as he might easily have done, and left kis bail
In the lurch, especially when he knew tisitt the Government
would only have been too glad to have got rid el the
ce.e in that way, and would not have attempted to bring
him back? He, on the creiteary, remained to meet his
accuses, satistied that the jury would vindicate his
rights. Speaking of the unprecedented cosine of
putting a Cabinet Minister In the box, he said that Mr.
Childers had sworn as to the gold fever what was now clearly
untrue ; not wilfully, but recision', and witty. Although
:he went on to say) the defendant had degraded himself, jet
he had about h'm the genuine but indefinable easel oe ad
air of • true gel Memel+, as could he seen by any one when
he walked dawn Westminster Hall (Laughtgr He
could bear that laugh. As Queen Elisabeth was known
by her Hon port, so the defendant was known by the
post of a gentleman. The greatest possible slim!.
anoe must be made for a man who had been so (*Poem-
st ,need as the defendent had been. Nothing but • h.
'Amur en of inn,conce could have supported • men who
had bean den mooed in the Honse of Commons, in prolic and
private, who had to fight !bested clever antagonist.. •nd
against an army of tigers Ana raging Ilona There have neon
plenty of men who have atoned for wild and foolish sots,
end have redeemed their characters by a life of beneficence
of forwards. They had • great opportunity offered to them
of Bowleg this man back to atone for all the follies of
which he had been guilty-0g sending him back to Me
ancestral home to stone by • future life for all the misery
and folly that he had ow:omitted, and probably of bringing
eround him thole now arrayed against him The man had
been to a certain extent crushed and made • bankrupt. tie
was thought to be in the power of Ms enemies, who cons'-
dared this a grand and eolendhl game for whish some were
ple)lng. worth the expenditure of unbounded wealth. Con-
vict this man, say they, and we have hie estate.
The Lord Chief Justice Who are we

lir. Kenealy : ilie enemies.

The L rd Chief Joao': ibe es'atee are In the hands of
trustee- for tue boi,tlt of the tut.; heir.

Mr. K.' nealy syld there well no difficulty In any penon in
vested with the ncredotal office training the heir to be the
.ervant instead of th• master, and so enrich the power that
was at work here. There were peat and unseen power, at
work behind-the pro•ccution againat this man for their own