The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-23 00:00:00

Il

THE TICHBORNL TRIAL.

The Conrt did not re-miserable on Monday until
twelve ovel,ek. A larger number than usual of Mon-
day idlers assembled in Westminster Hall to greet the
Claimant. The ulterior of the court, including the
galleries, was densely crowded. The judges took their
seats at live minutes past twelve o'clock, but the
foreman and another juryman were absent until ten
minutes peat.

l'efore the formal opening of the proceedinge, the Lord
Chief Justice handed a l-tter to the jury, remarking : You
can trust me to hand a paper to the jury :It is something
amusing.
Mr. Kenealy : Certainly, my lord.
A Juror, after reading she paper: That would be a new
phrase in criminal judicature.
The To rd Chief Justice Yes. (To Mr. Keenly.) It is a
proporal on the part of the writer that the I (indent scull
submit to be rot arnerised, and then allow himself to be In.
terrogatfd whilst in that candition. , Laughter, In which the
defendant joined h. artily).

Master Cockburn: It would be the story of the Polish Jew
realised. (Renewed laughter).

Mr. Keneely then rammed his address by drawing atten-
tion to the evidence of Mrs. Ann Cuckbarn, who slated V at
thur Orton suffered severely front an sited' of St. Vitua's
dance, pre deicing great realleuiness end movement of the
upper part cf the face, likely to bare its mark upon him lu
some kind of nervous sem/dome, and that be was lather
better when he came back alter his first ',nage. She does not,
however, appear to have taken much notice of him, and could
not remember whether he wore wires In his core, or hat ny
mart. left by the am flue of the:mint* to which the
prosecution have b mod themselves with considerable
tenacity is that A rhnr orton wag not marked with the Intuit-
pen; hue she nit ta) that he tea. not. Then she said
/he heard blot give evidence at the former trial, and rem et-
nised hi,, by his voice It in' L'lt to be a remarkable thing
that i he rhou'd have to recogribed him es Arthur Ortun, for
when M'Evriy beard defendant slug he re ccutniso ' notes and
expreseion which reminded him oil the voice of Roger Tien
borne.

M. J011iC) Lush: Se lute, "I sew him get on of
curl,ge at the vow., aal 1 neagulsof Lim t mr,meot I
tow him.

Mr. Kent aly : That it In the cror--, trmleation ; hut In the
examination in chief she 55) 5, ' I recognieet him by his
voice," wi ich I cannot hut think a hardly trustwtrthy
tr stlmony. Then she age hts hair was straight and she
did n rt notlce that it had an Incllnarim to curl; that her
opportunities of observation Wile vi, slight indeed, slot
that will, of course weaken that part of her evidence.
Indeed, YOU wl, 1 nod that when examined all the witnesses
brouct t to I rove the defer dent Arthur Organ deposed to
hardly anything at all of an (ml ortant nature. Teis
says that she only saw Annur WWI twice since his return
from hie that v.: age. She says los Mor an. other light In
colour, an..l then she gives &desert:lion of hint as Butioety
Orton," * parson of large limbs. Ii will to pre ved to you
try more than one medic witness of hhtl staortno that rhe
detenthr.t's banes r.re small rid deii rh-, tic' as tr may be
soptus.-d would cut the structure cf It. r 11th (roe; and
you .11 find that bla Nang al, law, a men arises Ir.‘m fat.
ness, and 11.1 155 bares are email and delm n rte. as show hy the
math en of his hands and feet, Si yen it ay see for youreelvee.
Persons of this sort may ha made panic in experienced
hands. A photocraph sue shown to bar, which she said was
not avert good one, apparently on account of tho great
stoutness which was there. I think such an recognition,
under the inspiration ot Welcher, .1,1 hardly Ire quite satis-
factory to 3 our minds. ibis srAs in 18-0, and as facet re-
mean', she hut Doi sten Arthur Orton sines 1e52 I con-
sider the evidence of female witnrwes to he Menitely
stronger than that ot males. The features of • man, and
such like things, do Lot lir themselves so much on the minds
of men so on those of women, therefore I am taking the evi-
dence Of the women first.

The Lord Chief Justice: I cannot say that Is the result of
my experience.
)dr. lienealy I thought It was a Lbaracterletlc of the
female mind to recollect features and mere externals more
readily than men.
ire L rd Chief Justice: It may be so.
11r. Kenealy If a lady goee into a ball-room she will
Coombe the venous dresses, but a man would not.

The Lord Chief Ju.tlce I agree with you there : but there
they are 01. their own grcund.

xtp. !Cones!, It a lady goei to a dinner party she will
describe the china, the silver, and such like thin.
The Lord Chief Justice f here she comes to matters
connected with the domestic household. I agree with )oit
teem

Mr. Recealy Your lordship's expeller. Is great. and
is entitled to the Mehest deference ; hot with all submission,
I do not alter my opinion that women are infinitely mere
correct in their recollection a features and of extern a' s than
men. There are, of course, exceptions to every rule. The
learned counsel then commented on the evidence of
sarah Aitcheson, who spoke of the bite in the arm by
the pony, Sophie East, and Sarah Gilt, who had but a
very slight acquaintance with Arthur Orton, and he
was surprised such witnesses should have been called
on what was said to he a atrong cue. It was an
attempt in numbers rather than to the name of their
evidence that an impression was to be made on the Jury's
mind. Frederiek Cronin was the trump card for the
prosecution, bat he never saw Arthur Ortou after 1848.
lie had no perfect recollect' on of him, but vague reminis-
cences of him when they associated together es playmate.,
It would have been better taste that after Cronin, Miss
Loiter, and Mrs Lances had been shown photographs of the
defendant, the y had not been taken by Whither to the
Dowager Lady Tichborne's fun. rat to identify him. It indi-
cated cruelty of conduct, and a want of consideration and
feeling of the surrounding circa/valances of this un-
fortunate gentleman. It was characteristic of the whale
of um prosecution from Inc beginning to the end, and
the way he was als, treated in the Court of Cameron
E 1... He had always been treated In a cool, creel, and
unfeeling manner. Having passed in review many of tte
Orton witnesses, who only knew bier as fourteen years of
age and Linder, the leaned counsel observed It was quite re-
freshing to see the rapidity with which they came to the con.
c'usion that the defendant must lie the man iota which the
boy they knew had deveroped, and identified him as inch.
Some of the witnesses described bin a. • Emit hig la I, end
that he we nt under the mune of " Bullocky." Tbedefeadant
was certal :ly tall and stout, but liter (Mr. Keneally) was nit
entirely mi.taken, the defendant had all the appearance of a
gentleman, and end not come under the proper desinatton
e o beillocky. They all recognised him from the sound
of his voice, hot the voice of a boy not a mu. must he two
as distinct Vino as possible. The Crown might have
done better with its money and its time than by calling
many of the witnesses, who hardly proved any thing.
They pave no distinct denial of his being puck-marked
and wearing earring. Some of the witnesses were of
the cis. of cvidencs of Lord fit. Lawrence, who resorted
to tricks and ruses that were by no means creditable.
Having gone Ororgh the evidence of sevesal other of
the Orton witireseea, the learned counsel sold ho was
sere the jury would not convict the defendant beanie
Artt ur Orion, eh n 1:e stilled,' mulled all over hi. face"
They had seen the defendant, and although he had a
very-pleasant smile he RAS sere they w mid tilt content
it el'h Arthur's. Than, again, there was noililrg pectiliser
ab tit the &fondant', walk, c..nelder lug that he was a stout
man and parlreps a little in kneed, to identity hire al
Arthur Orton, and not Roger Tichherne. He did net charge
the salines.s with giving far. evidence, but It was rich
that if tiny hod strioualy considered it Icr five minutes,
hey woul, not so rapidly have nine to the cone nil a
Vat the defendant was Arthur (tarn. 'I iso much a elpht
ought not to ba attached to such evideece. Ile Lent etc..
to the erotic witness of the we William Spelt, who
elitud his eye at the d. fondant all the time he was giting
Lis vine... Ile said he hail been a horse dealer, tut In
a manlier ill it conveied the id .• of • horie-oteal.r ; ho
hat bee.. a cab proprietor, and lie now kept a tooth at the
ran v. The manager of this prosecution bad pretested them
with a drama, in which, as it wore, the whole world had been
represented. They had had representatives of the army,
any, and the bar railed before them, hut not the minor
bench, in the {Knees of tie la orker and Mr. Callington
They had had, in fac , persona of eta, y ciars and dream-
stances eet life They Lad also had Elpanhads, French, 4-auto
Americans, ai el Australians, an I as—
All the world's a stage,
And all the men and w men merely players,—
they had the drama represeet ri ley William Byrett Ifs
regretted to .e Weetminister Hall &Wiped of oh ire grand
hiaterie traditions end tun el Lao a shoe to Air. It was a
happy thought, no dbu",t, to turn this tragic trial into a farce,
brit In doing so the manager bad forgotten the hallo and the
hones, without whlui the whole tt log was tricorn rlcie, and
future hlstori ns record ieg the progress of the t ial would no
doubt regret the lamentanle cm. tlcioney of those characters.
From the aunt ma to the rilicilous war but a step, and eel.-
randy it had been illustrated In Westminster Hall by the
production of this with ars. Even the dead Jetts of Joe
wirier loaf been revived mare than once far the eacasian.
Ile (Mr. K. neat)) should In.ve been ashamed to have pre-
seated such a witness before them.

The Lord Chet Ju,tice : Do you think the prosecution had
any previous knowledo how the witness would conduct him-
self to the boo?
Mr. Keneaiy said he shooll have th light the prosecution
would have known something about the nun before calling
dm. The evidence of thin man, like many other', wee on-

worthy of consideration. Me now came to the evidence
of DOM. Haley end the estraordinarr story she
told. One had no doubt gone home to South MIMIC,
and Old not care what was add shout her it was to he
hoed that she hod r, °steed her 1 0(0 tots and expemes for
locking at lye defendant lor A si ort time, and, without con-
versing with him, our to Min as Arthur Orion, oh,n she
had not seen since 1851, when ho %ea shout 17 years of age
Mr. Kenealy thin rove a deacripton of Arthdr Orkm—an
awkward clumsy, hollo.diy, oearse fellow, with A siodieri
mouth, who it was ..sid fascinated the proud Bnanisl ladles
of 'tooth America so much that thy cut cif lucks of his
hair.

The Lord Chief Justice said It was an old lady who cut the
lock ed.

Mr. K.nealy Then his powers of fasc:natlon must have
been greater than usual.
• •

o-
The I rtt Chief Justice Bald he Uhl not appear to have
Isecthated the young one..

.
Mr. Ken, sly said he asked the y not to 1101.ve the story
Donna ilriey told. It was iwrenible that a man like Art me
Orto'i should have rec teed such hmp tslity as she described,
I,nd to have been furnished with horses and guns for his
amusement, rldinc here, there, mid every where, passing a
first-rite tie, as R ger Tichborne described it in iii lettere.
tier description would apply to R.ger Tiehborne, oh., went
there fa. a f -yr works' atonement, and it Ma evident
tnat she had confounded one man wit, the other. She bad
fixed riper dates tint des.r.led her evidence. ,he fixed the
time when Arthur Orton esrue at five Cr six ye•trs after he?
marria;e in 1-17, v:z 1/362 or 1a; 3 about the pertoe—the
Inter one—erhon Bower Tit:Warne Wes ttere. Arthur Orton
Geoid not Imre been there then.

Mr ;Nalco L.h S., 8,1,1 tire CTii yam after my
m.rrium It nc.y be bee.

M. Ker.raly tall Aft,.ur Orton kit Velparaisu slyly lu
lesl, but by no posslblllty could he brought to base been
there in 1053 or 1E54, heCeliSO el 151 he was In Hobart ro 00.
DOI en H Jr, spoke v«ry gust& di, shoot his ot leg tattoo. d.
She .it she believed he was with the 1.1,er• •• A. a," but
It war, tuarkehle that II he hi.d .p,ll re irk,. they were not
mentioned h. Oho o %tofl,s ro,lot e ticket when be sent ofl
be:ard the Middkton

The Lord Chid Justice sold tha first tiokut did not r quire
any nutlet to be token of m rks. the atrennti dui, and he said
none. It necessary the pint should ho cleared up.
Mr. Entirely pointed out that at first, lefore the cam.
mission, Donna Haley app: are.l to lave no knowledge
about Ole ma. k Re herring to this end other points spoken
to by the witnesses, the Warm. d counsel said they had
given their evidence so continuously that it was difficult
to c st;tl them slipping it anything. Mt s. Mina Jnry, who
had not seen hrtl.Ur Orton for 14 or 19 years, can into
court, anti without much considaration identified V. de-
fendant as the man. Whtu ix imined before the Com-
mission in Australia she had no recollection of the tattoo
marks, nil it was strange she did not leo Meet
it until January last, just before she was leaving Eng-
land, when a me mi,r if her tvotly having read souse.
thug about it in. newspaper it dashed across her usemor y.
and she to collected R. When they considered how many had
sworn they had been reminded of IL in the awe manner, no
thought they would eat it had been overdone The learnt d
cow set referred to Donets.' s evidence, observing that
it wos inconsideth with many fact. that bat been
since deposed to by other witnessee, especially at to the
defendant being known at \Vegan Wages as Higgins'. "Big
Tons" Much that bad been veld agreed too well to Im true,
but appeared to be the auggestlonsot persons for carrying net
certaio objects. Hop. oodre evidence was hardly worth the
salter slit serlons consideration of the jury Thu evidence War
unsatisfactory that the detendant was in Widness on his own
account re toe name of Castro at the than speken to by Hop-
wood in 1864. They could not rely much on his evidence. lie
was t. treceive uconuhduruabic sum of motley for c Mille over and
giving Ovid. nce. Ile must theretose do Si d sty something,
Cut what he hail done Iris not touch to the purpose.
Redmatt's evidence was of the same character. lie was
the man whe said he met the defendant at Na here
Else, but the learned cow in 1 add they would uot be far
wrong In trausrennertfi Pig It tats Nowhere at All, for
there wls Lot the ,lightest corroborative evitit nee that
there en. such a Inman place iu Australia. If, le Red-
man said, the defendant acted no cook, it was strange
he never saw any tattoo marks on hit arm. A cunning
man like Castro walnut the man to inspire silence on
Redman from an appnhension of the contradict' in of human
nature, that to lieut. Wen cc on a man RX4 a sure way of
givittg publeall in to that which he wished to keep secret.
The Court then adjourned.

On Tuesday, Mr. Kenealy commenced by calling attention
to the evidence of Frederick Whitbread, who, he said, talked
in a very rash and reckless manner about a pigeon shooting
match, where he met the defei dant, who was so completely
paralped by his appeayanee that he at once betted three to
one againet him, and the result was that the deLudant
c,eild not fire properly, an he lost the match. they would
icercdy believe that and many other el Whitbread's
amtentente. This man had several brothers in Australia,
who he said knew the defendant, but the pr aecution,
with their command of public money, had hot the good
acute not to bring them over. Thle WWI alas made beta
on the trial, a circumstance that was to be regretted, be-
cause it tinged the imagination and coloured the evidence of
witnesses :n a way that was not satisfactory or essential to the
on!, of Justice. This matt's evidence WM not t be relied
on. Whitbread was unable to give a sstisfactory description
of Arthur Orton'a hair, hands, feet, or ears, and one 01 the
astounding peculiarities of the cue wu that Arthur Orton
and li,ger Tichtnyne had int many points of reeemb slice
1,..r Institute, they both had long, lank hair, and walked
in km ed. Toe, was also the twitching of Vas eye in them
ho ti,. Lady Radelido twitched her eye sin times while
•he was in the witueu-hos, the tame as they all must
have wiliteciod in the defetelant during tbe time he hair
been in court, and h!wilar to that which was comwou to
Arthur 0,1 n

The Lord Chia Jastioe : WAS that so
The Yr man: Ye,; we noticed it very distinctly.
Mr. Krum!, said it was so, and it was one of those things
b I him explanation.

The Lord Chief Jus'lce .ad it was desirable to know
whsther the taitchinig mom from phssleal r mental CbtLitll
—WI rhr it took place In ezeiturneut only or In repots.

Yr. Konen!, said he did out mean to attempt to Explain
that, but my to p,int It out u. no tt the Wounding
th.n.re iu the eme that :lure should im Ihia twitadatt In
eutmuon.

The r orernan raid Lady R*dcUe dhl eat twPch when her
face was In rep a, but xhen she wsa .peeking It cal a
ght Inv.,iuntary uttun.

The Lora Chief Jotter said the witnesses stated that it
solo only when he was eicitei that Roger Tichborne twitched
bleep..
Mr. Kerea'y obrervA in the erosive cat lhg mahner many of
the wittre•ses lad tarpon. d the defendant as Arhur
Orion, and quot. d Wlrtbreares answer hat he would
not swear that the de fehdant was Arthur Ott it, hut
he noun swear that ho was the person who was
e heist. nod Atthur Orion, old Orten's youngest child.
1 here ware casuirts who approved of that sit to of
allover, and St. Ligererts said tuat If a mrson waa
alike I "If he rode to a certain Voce on a white tune he
cordel czaue hi 'self by denying that he was there by
saying, • I rill not ride the re in a white horse,' continuing
meats' y, •it was a hay hr rse.'" Whether that wos a
so'ution of m toy f the answers that had been given in this
case he did not know. Alter commenting on time, 'llene, of
styl rut other witnesses, the learned come el referred to that of
Card Angel, the man whose leAne was 'usenet 'tithe Wagg•
Wagers wens,. one of the executors. lie. deg eters:seal d,Utltr2
Shout the defend.'; ten he sew feint traces of Arthur
Orion ;a. d afterwards that Ire believed he was the man ; but
then it won not un•II he had hart a Interviews w ta
thcdefendant that he hart hail conversations with se ye ral
{evens upon the point, ant he prebably heard of the de-
fondant's lunatic visit to Wapping, that he could come to the
'evolution to swear that ha believed the defenriaut was Arthur
Orton—a core lusion eased ape) It-item, tower al, and unsatis-
factory growl Is Could they bailer° that the wishes@ was
serious whr nine said Art! ur Orton amused Marna In at ap-
pit.g lassoing data and cord-heaven, Aral that the defendant
had forgotten Ma owl, Identity. The pensioned soldier
Has kes, who sola he was at Hobart Town when the de-
terulaht arrived there In the Middleton with two ponies,
I gave very peculiar aside, ca. It seas a qur astern whether
Oa* kes ever saw the defendant tarns, tie was snags
to say If Arthur Orton was pock marked, or describe
the colour of his eyes his collude xion, or the
rise of his hands and feet. Of the e tour of hen %air Hawkes
was in some doubt, whether it was "tight mcarle" or lighter
than the defendant, or what colour it was. they could come
to nointher conclusion than that ilawites was slot the wit-
ness of truth, or that he was confounding the defendant
with some red.halre I person he hart had dealings will, The
statement was fouhrled soon delostrn in Its malts features,
or it Was untrue. One circenvtance in Hawk-'. statement,
if true, proved to demon 'on that he was mistaken
la the identity of the defendant. Hawkes flied IS 4
as the date when Castro hart a stall In Hobart
town market, whereas Mrs. Jury's evidence and the
Oats tf V e protialssory note hied it in M iy, Oft& If
that statement was false the jury ought to leok upon
the test Of till sateennra as false. Toe nest witness was
that of Elward Pettit Smith, who appeared to have been a
J tek-of- dl-tradek lie was now a money and general snout
in Lendon. lie went to Atm- mita to learn sheep farming ;
he became there a bookkeeper, then he took the manage-
meht of the Union-stri et store It, WaggarWagg a. He Was an
auctioneer and commission ascot, clerk to the petty ses-
sions, the collect rot the electoral roll, and neatly secretary
to the Wagura-Wagga Institute. Toe leitneaa repeated an
extraorcinary statement he said the defendant made to him
about the King's and his being apprenticed In Neorgate
Market. No ;It was all a dream or a Ile, for Arthur Orton
never was apprenticed to any one in Nostra. Market.
The Lord Chief Justice ; lie did not say Arthur Orton Wail
apprenticed in Newgate Market, hut that he was apprem
ticort lu London, and cut up meat is, Newgate merges,

Mr. Kenealy said It was clear th it Arthur Orton never was
apprenticed as a betel or. Ile went to sea at 14 years of

The Lord Chief Justice sal I he went away for the benefit
of his health. Ile might have bran apprenticed before
that to his father. It was not known one wry or the other.
Mr. Reneely said they might assume, without soaring Into
the realma of fence, that if Orton had been apprenticed
they would have heard something about 1,. The evidence
was that its rtly after he left school he went to era, lie
therefore naked the Jury to believe that orton never war an.
prenH...l to oi.y thing but the sea l'he Kluge were no ooubt
alive, ard could hove been caged to corroborate the alines..

The Lord CIAO Jostles said it was not necessary. Costto
did not say that he hod had aeyth log to do p rsonally with
the lONA and It woe not tweesswy to Cal thorn.

A Juryman me'rl the deecr4tlon given wee perfectly cor-
rect. the of the jun men perfectly well knew the King,.

Mr. Kenealy said he was asking the jury to intim, that it
was Smith* and not the defebdane'• description. Smith had
probably iptken to others who knew the Kluge, ano he had
confounded one wl h the other. C doling to the evidence
at the AP allieters, the learned coined taid hire. SPAlliside
said sin saw the efendant at Bei dale in ISM two seers
anti. be loidd.l to Melbourne, and he went Into Mr.
F. steed employment accordi g to his statement. She
saw Pim Met, she said, on the other side of Merri-
▪ Creek, when lie woe driving cattle with her brother.
Her personal communication *Ph the defendant
slight, 111,11 it was rather strange when she was
asked If she had a perfect and dlitinct recollection if
Arthur Orton to reply MALL she lied. She had no extraurdh
naiy tuellittes fer her b...c •ming a •quainted with .hrthur
Orton, tel 'he deist t easily have unittaken him fer the
defendant. After his eof urn al Meidpille they were give,, to
retardmid that Ar.hur Orton was a emus son ng man,
bite Mr. ti•Altlatei dectrihed him as a clanogy suet of fellow,
with large feet, and an seaward way of walking. its
bud, ehe aid I, light twilling b air, lot she never nn Vend
II he was pock malted, tr if he wore eturlogß, hut
she added, e was • dol. Ighorat.t. heavy fellow.
She had received a large sum of mehey for minding
over, gial when ale SIC hihn IMP %LS hossid to loin,try
lam. Thel s,ii December DerY. was the drat riC.lfil 01 0, t
enirring fr,n tons ...vow. Now from July, ISA, to the tint
of 115, w s vat y tinpornand period but it WWI p. lamentable
fee: to many laces should be nth tug from the Foster ac-
count book. for 1814 and NS%

The Lord Chief Justice sod they preceded the indices for
those 'edits ot the names of the no u employ ed.
Mr. Kenesty mild no etplatnitton had been [fend why the
leaves were eat out. Thu index le the book tor 184 mated
with the letter L."

The Lord Chief Ruittoe : But you hero the letter "a"
to it.

Mr. Bone&ly : Yes. But kuppo-e he had been entered as
" Com."

The Lord Chief Jos'lce raid there was no Instance of a
Mee ellenellie being omitted. Ihe master bed gone tqrough
the books, but he had ii. U unaLle so find any coin) of
Caatro or " torn." Be was corrected by the master. I here
was one In thee •me of "Charles" by the tide of Witch was
wrlttew " Black By.' Ills lordship called atteu,lon ti
the confusion of trio names of the Foster. made by the
defendant.

Mr. Kene•ly said that might be so, hUt the defendant was
not to be ti,rl down to a particular Christian name. they
0141 A fe have been told ohy the pages bad been cut out of
the bwilts for 1654 and 1,66. Mrs. M'Alliater aid het bug
timid, Whilst Iforaer, was not manager at lioimiale until
1856 which no doubt was very important, hot bee teatonony
Woe open to oust:dodot. It tsiss sastisfitet.ty to hint to know
that he elp WA be able to give a complete answer to the
boots by cone us vuly g thdt the da'endabt was not
Arthur Orion. Matthew iAilltter aid not notice ant
patty of hataro to Arthur Orton, but ha general fits
Criptioll of tool was *Unbar to that given h) his w It,
at hough he had not seen hlm for tightsen years. Arthur
Orton was employed at Bolsd•Te as • butcher for • consider-
able time. He must have frequently been seen with hi. arms

hire, but neither Mr. nor Mrs. L'AllLiter were aaked If they
saw any tattoo mark, on Ids arms. The learned counsel
said he had concluded his observations on the Ott ri evidence.
" No 'Muhl." he said, "you will be uked why I do not pro
duce Arthur Orton? It inn it tread,. that will probably be
anted over mud over again by Mr. Hawk.n as proof that the
defendant la Arthur °floe. lam unfortunately not able to
produce labs. I have never felt I:V. bang bosh.' as, either roy.
sell or by the attorney who Instructs me, to ask the defendant
he-e Arthur -ion is whether brig alive or dead. Whether
an: toi, may have happeneo in twiner that prevent..
the apprentice of Arthur Orton hi this court, I a., not Imo A.
I have not loyaired, and I have tint felt myself bound or at
liberty to do no Teat the defendant Is not Arthur Orton I
think will be proved in the ;our.. of this trial, U" that 1
entert In a strong and orofound hilt that
where he Is I can give you no Information wh .t ver.
Grcunastaneee occurred to make the defendant thin', the
tirtim family had a claim op :0 him. Whit these
clicumstances are I leave en, nett, for ton to apPcu-
late upon. I will not venture to &Italie to them ;
but I h ire a strong Impression that I shal be ahle
to sans's, Lot only Ih3 Jon, but every man
who follows the coopse nil this trial before tho week
comes to au end that the defendant Is not Arlin, ihtoa. In
tho ordinary course of things I oth,lit to follow my unmeant&
about Orton by c..nomenting on the nilatsity tvlileriel that
has been brought forward y the prosie.cutioe, hilt I feel ei
exhausted In toted and body that, with the pestuissfon of
the court, I will triune those olouvations SOO what I
have to nay about the fondly WItheSISSI until after my
witnesses have II en examined. - My comm. tits on the
other evidence are at an end, and I alit now ilir.ot my
attention to the h and ci h rogard to which
I shall be obliged to he my own eaiwrt in cm-
s,quen.m of the demand marls by experts for untoring on the
invuVgation beim: so large that it Is impossib,e jar the de-
I. orient in ~is destitute condition to accent the terms. It
will be d.fflcult, it not Impossible for him, unless his
circumstances alter, to bring up the Carabineers hem various
parts of the country to distally him.
The L .rd Odd Jos' le, I cn,'er-tonf that the Treasury
have atat. d that they said dal by the expenses of aay
nt,se• c tried tar th.: tiefeuce w:dch the ludas' think have
Wen t roperll mike. Is that to
- -

. .
Mr. Gray, Q C. pt hater to the rre,oury): They have not
sail that, twv I believe it le their intention to do so.
The L ,rd Chief Justice: That being to. we shall be die.
posed to act libenily in that respect, and we sit dl not hesi-
tate to recommend to the T. 11.1151117 th .t the expenses of con.
scientious honest witnesses called by the defendant exult be
pdd by the Feessury. The prosecution belng carried on at
tho public e xpeuee, the defendant ought to be able to procaine
witnesses within reasonable bownds at the public expense;
the same as If they had been bound over by the magistrates.

Mr. Hawkins : If any witnesses are to be called under
such ctreumstaneHs, the lint., a of the witnesses and the
nature..! that e ought to be communicated to the
prosecution before they ere dled.

- -
The Lord Chief Justice: Certainty. You both ought to
be put to the same position as If you had gone before a
magistrate. You must, of course, give the prosecdtiou
notice of the •itnemes you intend to call. We will do
what is hecesesry to ensure their esp.:nem bang paid by
the Tre.sory.
Mr. Misvalue : lip to this time we have out received the
Blowiest Intimation of the names and addressee of the len-
to be °stied or the defence.

Mr. Justice Mellor The defendant ought to be pet In the
some posh lie as he would have been if he ere bell been a
prelbubdary tea.. tuition before a m.gl.trute. The practice
at aoslzes is at the end of a case to apply to the preeiding
indite to allow the expenses of the witnesses for the defence,
and If they hove been properly and honestly brought for-
ward, whether they fortify their defence or not, they are
allowed.

Alr. : Ihat is after the trial!. over.
Mr. Gray : Tte e•pres.b.n used ry Pe Treasury is that
P ey 0111 be preyal e Ito co s.der it iaroutabli."

T,el,..rlthn.t.finta•e: flat Is al tot mat on Mat they
illdhat.2lg t.

Mr. Ju tie° L sh: B tog to he put in the same
Ii as if tha pruatetltloll had bees firs. tustitutAd htLra a
me.htra e.

Mr. Kenealy : la It neoersary that we shoal give the
name, mud addrearrs of al WitUenell who vitro called f r the
deteudaLt In the Court of Common Piens?

The Lrwd Chief Justice : Their names will be sufficient.
Mr. lilneely : W will give the 111411189 and addresies Of
the new witnesses we Intend to call.

The Lord Chief Judlee That will be ruitHent.

ddr. genera) The whole country will hear with great
pleasure the decision to which the court has come,
hecause I eras &hoot to say that if it should 1 y pool-
idity happen that the defendant's case fa led tor want
of means I. call his witnesses the result would
not be satisfactory to the great body of the
Enclish people. If the defendalt Is able by the
prsrhise held out to borrow niohey In the interval to
bring up his wit, eases, to the lair topectation that
their expenses will Ile reimburse., pn.vided in the
opinion of the court they appear to be honestly and con-
seientiously brought up, it will be a great thmg for him. I
am extremely glad that tie ohstrVallon I hue, made, and
which I dill not expect. have elicited from your lordship.
the expression of opener just delivered.
The Lord Chief Justice We have taken the earliest oppor-
tunity of doing So. It ought to be done, and I hopo it will
be done.

Mr. Reneely then proceeded to a crit'cal examination of
th handwsidoge of R,ger Tichblrne and the defendant.

Preylong to the edjoarnor nt of the Porta, Mr .1 entqce
Lugh a • kgd when the lemned counsel ittaided to tall wit.
mews?

M. Kene•ly ra'd he would da tie best to get to the evi-
dence to-morrow.

Mr. Kellenly, continuing his comparison of hand s citing on
Wednesday mornisg, referred to chat he called singular re-
samblances between some of the capital and small letters of
.ger Tlchhorne and Arthur 0:ton which were not to be
fouud between the same letters if It gar and the defendant.
Ile perticulariy dwelt on an'N" ln th- Cur? to pocket-he ,
the singular sod sollte ry alleged "N" of the defeedlaut
•bleh the prusecution were able to produce as being at all
like Orbm's, and said It hof bo Inlrocuced by the forger ..f
the
_Pelt ludrelgh letters for the purpose of &mown: ti e Pry
arid &stroine the eefenelaut, beds; almost like a perfect
tracing of Orkm's "N."

The F roan odd that Rigor Tichborne sometimes made
his Na in that way.
Mr. Ken. alp erg:dallied that he had entered into this ccm.
raison between Roger Tichhorne and Arthur Orton to show
that resemblances in handwritmg were not cone wive, and
might readily be di...trend In persons who were di tiactly
sep %rated from each other in the realms of n Aare. AS
nothing coti'd be more oppoalte than the chsracterhtios of
the too men, so far as they hod any temmt of them, it
wee Angular that there should be these points of reSSM
lie ce in their bandwilelng. The learned cons set them
proc-eded to point Oat nine poiht• to which the
,efendant's welting reeenthled Roger Tichborne's The
drat was somel Deo putting hoorti ,ns be low the line, and
the second making the ..z ' diatlo. t from the next letter.
S. me of the f gry drew attention to Instance. In which that
letter wee j newel to the one followlehr. Using little ho he in
C.e middle of words and the mode of writing the letter T
were other alleged resemblances The leaned c .uns 1 pre-
tented to the jury a photograph containing as he cold, a
genuine [Milburn., rIo 0.. defendant'o atguatore. which was
31111. e with two strokes I f tie pen. whereas the Onto, f was
alwa3e made with one etr.ke. Ile deacrihed it as a most
beautiful lithborner T which was almost Roger Tichboree
redlvlvus.

%fr. Hawkins slit Mut the Name T w.:111,1 In found lu
4rtbur Ort,%t's .111.

Mr. Kent%ly : I shall come to that presently.
The Lord Cl(Justice : Mr. Hewkins, you will have an
opportunity of liquor a word wneu Mr Kenealy is done.
_

Mr. Hawkins : I would rsther remain quiet. Ithouhi I
was rendering assist slice.
The Foreman thought there were three stroksa to the Tin
question.

Mr. Kennaly did not agree with him, and contended that
the letter was an enact facst.nlle of floget's T.

A jdryman raid that In this ol diat-nre " rchbome "ía
which the T occurred, the final " h,dl a loop, whereda
there was no Imtaoce of a I ,op la ft -dues fee.

The Lprd Chief Jostle.. said there wee one difference which
he had before pointed out : Roger Fichborne olive), put the
shoulder of his " r'on Vie righ' hand side, the defendant
always on the left.
Mr. lienesly ssid he could eh 'yr ins'ances In which the
defendant'. r" had the shoulder on the other side, as in
the old Pcikborne "r."

A juryman observed that some of the defendant'ar's looked
more like tie,
Sir. Kimealy /Ala if some allowance were made for lapse
of years and different conditions of life, the re of the two
men were as alike as two peas, hot of c,mrse he was sni ject
to the judge,. nt of the fiery, and in all probability they wore
more impartial than himself.

The Lord Chit Justice admitted that considerable allow-
ance should be made forth. thong. in. man's writing during
the lapse of years.

Mr. Kauai), was gII to he supported by his lordship In
making the suggestion.

The -Lord Chief Justice said that substantially a man's
haul remained the grime, but considerable fluctuations and
changes would be seen here and there.
Mr. Kenealy then waned that the basis of the defendant's
writing was purely French, while tbst of Orton's semi purely
English. The defendant wrote French I's like !Lager, but
Orton never did. Then it'g,r crossed hls t's from below by
drawing his pen up the downstroke, and so did the defend-
ant.

The Lord Chief Jiirtlee tali there were instances o' it In
the defendant's handwriting, but it ear hy no means
general.
Mr. K enealy rent ono to the "r's." Roger was In the
habit of online a die snit rubbing it out. and so etas the
di fondant. In the first piper he wrote of the root( rats if
the sealed packet, the fichb.itne r" ahounded. The Castro
"r" recurred In the same &cement. The donhle "r "
to " marries ' written by the il fondant, and the double " r "
In Roger's prom'se he tire to Kate Dreighiy wereremarkably
alike

The Lori Chi Justice steed if the lrarne I c unael'a
the try was that in the interval between 1816 and 18;1 the
defendant resume 1 the Ttchborne chsrac'er a writing?
Mr. Kenealy: No; but that he nuronscimsly fell into it.

The I,ra Chief Jo.tice asked If there were se y partlenlar
Ungar cam of this formation of the "r " lo the defendant's
e.erller letters?

Mr. Kotulaly salt he would come to that by and by. He
WWI no prepared tinn to answer the question right rET As
the di implant wrote 11101,1 anti more rapid!, ho unconsciously
fell Into It ,gor Tichowne's hand writing. Ile did not In-
veria,,ly 410 it, and tiltrotor° he (the learned counsel) could
not say that the defendant had recovered his handwriting.
Another characteristic was that they both dotted the •' y
anal.

A Jnryman It le not so In the letter you have hooded up
to ty.

Mr. Kermaly said he did not mean in every instance, but
that ih.re were numerous examples in Vie handwriting of
both. He put three letters Into the hands of the Jury written
by Roger Tichborrie at three did. rent periods of his life, which
ho Lumen being wood balky° were written by Si.• some
person. lie t.ut two letters fu the hands of the jury, written
by the defendant, in every respect ittnimllar, showing a
want of Uniformity in the handwriting ; and also tan de-
tendant's craft elf{ lay t and Arthur Orton'. letter, whica
be contended uuld not have neen written by the rare, p- r-
igor]. The harried counsel alto but Into the hands of the
jury Roser's lettt r to Gosford to 1141, aod the defendant's
letter to 3.1 r. Grebes when be began to etnerol. se It stir..,
Ircm the wi;derriess, cud inked thou to compare Cam,
observng that although the defendant's letter eial hardly
a fair aped ell at writing wit C 3 had great y de-
generated, the character ut the handwriting Was in•
tame, amid bearug no rewniblauce to Aritint Orion',
hai.d. citing. Ile did not hesit.te t, ems levee their
couparbiou sine 11 el It with as WIC:, die.,.., aod
with as many magnifying wanes as {be jury chow re
bring to bear upon then.. rho deleudaut, white le,ter
to (filmes contained the unnuatakesbie l'ichharno "I
and French "14" uhan R wee write lu Prenth, aol he
abbreviation "it, of 13.1( "--14•t•unt of hue British
kingdom—was framed by the Lama mind as usad the
abbreviative •. at D. A." tor "my dear mull." Ile called
attention so three le.tera written bi the defendant to the
Dowager Lay I lohborne, In which were lobe found the
pecullernies of the ho ,ka to the letters, the French "me,"
and tiring single ina.al of double consonants in various
words, all characteristic of R..ger's welding, The word
" Victoria." in the Inmate," slid tim have barn lent to him
by firs. M'Aills;er, was a tracing era forgery of the defend-
ant's handwriting of the same word to be found to nue of
his letters

Toe Lord Chief Jestlce (after examining the book with
maanifalug glen) and there we; Ito donut that tie name
Arthur Ortou hal hean scratched out, end the infrance he
drew nom it wee, that 1•MPII Mrs. al'Anistir got toe ho. k
ha k she 1..u0d Mr. Arthur anon had written tin name and
Alcre•e on the war—that an sersaheill out the time, but
lilt the addreee Crippeiland, Victoria, Australia. Son was
not ask 1.1 oboist It.

Mr Kele&ly continued crlitchilog the ban lwrlting, wilt-li-
the out [lie tmti.rtty of certain letters and parts id words
in venous portions of the corresp ne en. of Iteger not the
defendant, and tie utter dissimilarity to tb t of Arthur
Orton, commenting iurthie on the aeisindalit's practice of
dotting Me "ja.-
The Lord Chief Justice said it would be material to know
when he commenced that practice. Kis Australian letters,

and those written in lik7, after his arrivid in 'instead, did
lIJi presets that peculiarity.
Mr. Konealy sald ha did not f•ontend for exert Identity
but only for a r,-nilui,on e of Vie oil Erie.
rho Lord Chief rustle said the *roue desc,iptlon of hook
thst the Itarooll counsel it intended Sir as peculiar to Wirer
Tichliorne mid the defendant whe &iv, to be found In Arthur
Orton's writing.
• --•

Mr. 11.enealy ash' it was one of thnao wonders In this cue
ant went to prove thst B.,lger and An bur were one and the
same. .

A armee : You have not pointed out one of the de-
fendant's like those of Roger',
Mr. K. nealy : Pardon me. I think I have point.% out
many, bat on a smaller

A Juryman: 1 iu won't catch anything with those hooka
(

Alt Knr.ly I hope 10. I find further one In "me."
(Laughter) Throughout the whole of The letter of the do-
tendant'e he bad bon criticising, the old Tichborte style of
writing e. nfinuahy cropped up. The leArced couusel con-
c'ude I hi' a,drese for the day by pointing ut the remark-
able difference that existed Ito the capitai toilets mode y
the deien,Mnt and abo by Arthur 0:ton.
Ajar) man euggeeted that the curt should eit bey md the
u.ual hour.

An,ther Jarman oljmted. 11le brother jurymen had
better Ming his:ad with him.
The Juryman : Mr. Krutsly sebl U it week that he weuld
COIIVIIIeo We Mora the week was over that the Ctfelidalit
wefl not Arthur 0:tol. There was bet lasi little time le: go
thin.

Ths Lord Chief Just co oinarved that tt is was !IA 20th day
of the learned esteem's speech.
Mr Kthealy : Utvo me another day, sod 1 wW do all Ima
to doh h.

Trio Juryman: Mr. Kenya!, oho, lied last week to apish on
Monday ; then ti Wednesday, and now he has not done is
The Lord Chief Jostice ( shall b I sorry to lose any °beer-
steams Mr. Noneitiy degree to mak. I foliow him care.
Icily. line endeavour to appreciate tbsnigh I do not adoi.r.
all he views pr.,poon, eI. I shall I e sorry to prever4 the
',Awned counsel from eaying anythlowhe con dders important
t 3 Ids cliehr. I r-mlnd you (Mr. Kw eel)) that you Lave
another apes ob. No swung you desire to m4e yiur obser-
vations on the baud writing once for all Suppose, then, we
lhiten to you, not only with patience and pleasure, but with
satisfaction, another day, to enable you to got to your
evidence.

Mr. Kemal,: I thluk I may say I shall finish tomorrow.
The L rd Chid Juatici: Let us thin adjourn with that
expectation.
The Jurymsn: Da I undendand that you mean to Ilnlah
rur :pi :eh to morrow or ou y your remarks on the hand-
itng ?

Mr. Kencely : I assure you mire Is not a bed of roses. I
feel I leave been a long time, but this question of hand-
weds. Ix one of the crucial points uf the case.

The Lord Chief Justice ; That I. so, no doulit.
The Juryman I wish I could change out of this.
The Court then adjourned.
jOur Fruited apace precludea us from giving more
than the foregoing cmdeuse i account.]