The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-20 00:00:00

Vadlong

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The Lord Chief Justice : No; belt Lule's statement au
received w4nout any check.
Mr. %mutely : All I can tell you with reference to Lnle's
recognition is, that It Is hit stitement. Y, u most apply 3ilar
own lodgment tithe whole of the evidence. There Is a legal
arid reel-founded principle—" faulta in one. faults In
cl I ask you to appl) tt a: to We's eviiience. The de-
fendant does extraordirary things, and which no man to
p serration of Lis sense, would ever do. If nig own siarement
lie correct, he changed from an officer and a gentleman
Into a wild man, and the companion and us,, latent men of
the loweat Kraal sphere. II 1 for one moment believed that
the defendant produced Loki inowiog him to be the
witness ol untruth, I would throw up bismuth aim trample
upon h m and his care with sc on I would have done in
Chia case cal did le that of Captain Burke in the Clerkenweli
explosion, have cast him on one tide cud have had nothing to
do with him. IF I thought I had been made a cat'is-oaw
tool of by him, I would throw him up but I take a
cbmitable view of the ease. 1 h .ve been for a li-ng time
considering the sort of mind that existe in Ihe defendant's
brain, and m rtainly I have come to the conclusion that it la
anything but deer and unclouded.
The Foreman : Ude says kat the defendant moognised
Dim UM moment he went bans the root%

Mr. Boneslv : I own lay no More thsn that Lulls svidoniii
Is not to be believed, The learned oourn el nut oomMent-d
on the wild and curious things defendant had doge : above
all othen that he should have written to M. Itichardiou
about the Wapping people.
A Juryman : ilow do you account for Oapliain brown
rtio lug Stitt& to ISSB he saw Lid. in Rio as the steward ol the
Osprey, and lion;.. identiilLil him aaain Wain he raw him
Mr. Harcourt'. Aloe!
Mr. Itenealy : As • oams of mietaken Identity.
iin lard Chit Junkie : Bat there to CO *Menne of an
Osprey at Rio in lelllll with e steward named Jean Lulo.
or. Kbosi, I I. twenty 3iion since he sew Luis, and
will sal anything.
Ni r. Hawking reed crown'. evidence, wherein Le stated
Viet Lute en the man Le saw on board the Oeprry to 11:L,
in 1853.

01/prOji,-I,MI II
tu 11a/court's
•

Toe Lor I Chief Justice said there wee a point ln the rase
lht rtuni.sd clew lug up. but* rtated that Ise was led to
believe that the idiot andlsart of the erew of the Otprey were
It, London, but that he was Lot permitted to see toe.t. The
was, lithe loan wee lltuYed up by that stets. rn nt to
bellevo that they would be brought forward to corrobouste
Mr. Krmaly : I don't remnrct that part of the evidence,
'but I will look into it.
A Juryman : Tnie mote appears to bras had as the case of
the Feld.. (alludlog to the Caw in ouch Mr. Kenealy had
thrown up Ills brt I)
Mr. Keuriary : It the defsndant's case hod been a fraud It
could not have lasted six weeks, It haa now been before the
public six years without de o Liston g as the incident of
Lula haa d The learned C 'onset scouted the Idea
that the dellendsht was Artist OrtOn, because Insteld
of forty-right Witornses c ming f- rward front Wapping
to d n mime him, the wislo it the district would hays besn
In aims spinet him, and said :—I ask you to tr at the
Co P. you treat the prosecution, tool that y.. 0 will not
charge him with a kuilty knowledge of the misonoduct of
into any more than you wit the prosecution for what Miss
liar a has sworn, end I also aak you to believe that the
narrative of the Oeprey Is Clear anti eonstatant, and net in-
vented for the purp,se of tots or the other trial. The de-
!andante statement has been consistent throughout. You
may reproach us tor our folly In having called Lute, but can
any 016 ern knew • o.,able doubt tied tire viatendana was
say. dby the Osprey ? DO not tdte au unfavourable or guilty
view of the defendant's o.diduct Ir. that matter on aeColltil
of the evidence, omelderlng that he Is a niau easily deceived,
ano deoeiving himself In • variety of things. This Is the
first time he has had an opporsuulty of he wing the case
brought against him by hi. lassltly, an I I hope that by
your verdict I snail se in a few years this man restored to
his ancient neme and estates. If the captain of the Osprey,
for ion. reason of his own Winch we esnuot thror.mgisty
understand, nrglected so report his ship at Melbourne, the
defendant oeglit not to be responsible for it.
The L sri Chief Justice : Tie defendant stated that he
went with the captain to the custoin-house when he re-
ported the ship, fie gave a eircumatmtial account of It.
Mr Kenealy : There is so record of it, or If there le, the
prosecu,iun ought to have given some evidence of It.
The Court then'igain adjourned.

The further bearing of this case was renamed on
Turgidity morning. The attendance in the Weetmini
ster Hall to witneea the Claimant's arrival waa very
small, and since the committal of Imie for perjury,
there has been a sensible diminution in the numbers
who cohere :ate in the hall, and in their enthusiasm
for the Claimant,
Mr. Kenealy said The theory of impodure which the !
;a...talon presents before you would require a niost
extraordinary amount of credence to believe that it •ver
existed in the human 'mind. Roger Tichborne is put for-
ward as a )(meg English baronet, of remarkable peculiarity,
both of body and mind, and the imeindant le put forward
eenutially different In all reepects—e men of Ignorant
easel and bile asseciations. Nothing could be more •
segued in notion, but it ooes not end there, because the
abscr:ity and the impwsihillly of the Oleg is carried
further by putting for geed B .gie as an accomplice. When
the Claimant came to Ewan& fresh Tom the woods it
Australia, he was hrenedietny acknowledged by Lady rich.
borne—s Wiped fine refinement, of keen disorustriation of
character, and of great °elision. Nothing cud shake
her faith, or rain • doubt in her mind. Lite brother
officers have recegnisee him. He Is tested In every
conceivable way by all classes of moiety, anti no trace
vulgarity is to be seen or disnovned In his conduct. Its
resided fir owe time in the sieighbourhocel of Tichborne
H use, where he was ,sited by the gentry and others of the
neighbotiehm'd who rec, indeed him. 'Weer was remerk able
for the form Alen of his Mpg and the oefehdant preesuts
the same exiraordinary peculiarity of narrowness at the
hips ; and Ills also further remarkable that be has the
seine celour hair and eyes Impostor. have Men able
to deceive for some menthe—perhaps for a year; but
there never was an instance of as trimester having
been able to oonilitue such for at lent six years, after
an inquiry bad been et on foot. I can imagine • man like
Arthur Orton soaring a Miele Heber Sean his sochd status,
end assuming to be • geutiernth, but I cannot Jungle.
his soaring so high, or his having an. h a daring
flight of imagination as t 4 pretend to ire able to repressed
h ruself to be i Its heir to one of the °idea& lan:hies In
Europe, requtrieg the most extraordleary presumption and
o wao of the highest t.lent, ea cessetily to accomplish
It tVtIl for an he ur. Not•itistunime Win hun reds of
met•km ami blunders that the Claimant Ins made, and
Ida settles{ puede option at ester claim., he has been
reeogeind hj number* as the reel Romr Tichterne. After
referring to Perkiu ttarneck and other isnimators, glee
leerheo counsel said: I invite you, after • fu I C 3 .sl,l.l.stion
of the circumslapoes of this case, to am that you are ins-
sietioly drivers to the mmclusiou that the deems ant is
not an lii p otor. Ills cautioe In net aceeming the eve
dance of Pnceerston, who represented that he was saved
Into the Bella, shooed he sees not an Imetoter, and
his remark in tila letter to his mother to referaLce
to it that "I have to he very careful Memo. If I have
ttioneeg irei"mn n e
showedan hrisuttleody:a %rafd tsrulthilrilidocaa, will
sir in
aecerdance with the character for %retentions that was
given by M•Jor Fraser of Roger Tichborne. Three Is
not an Instance on record of the defend.% having em-
ployed a detective. Lord Arundel has walked about Way-
Ong with a d' chive, but the defendant has not so
tar degraded baself. All his actions were consistent,
and were indicall ms of truth bud honesty. Every-
thing that he has dens will bear the lignt of day
aed strict examination. I also Invite your attention to
what must carry absolute oonviction of ideutity to every
ot e who had heard t tie cane. Ike nunther of fret 4 and
things coenect id with the faintly history if the leathernns
spoken t 'by the defendant could only have been known to
it,,, see, Ft 3oor Tionlsorne, ouon no no irnpoeter, no mateve
what amount of trillion he received, coed have retained In
his mind. After referrh gto niaby minor incidents in the
case, tee learned counsel directed &dente n Vs Roger's
teen, teleg wriiten in cipher in the Weigle Arun
pocket-ii k cootendh g that It WA. kVition C:3E
was e citten, riot 1, an Imp titer hut ey e croci lota,
vy.ro at tho time ho wrote ha wonted to conceal Ina n
general i Nervation in the bush that the red man au
mom, at them; but why Arthur Wien should have wrieten
I none has been able to auggs at, I have not been able to
discover f Rouse, like Fmteretoo, WM; planted upon the de-
fendant, hut ne hae bashareo in this c•se as such a pen .n
wou d have behaved R ,use has furnished the pr i sthutiou
with a velum, if private letters written to him by the de-
fendant. He knew one of those persons, in wi mu the div
fondant at one time rep sod the e reat•st confidences, condi.
tug to h•m his secrete, and allowing him Is his abrence to
von end perusable lettere. Route hag in,, over to IN other
aloe, and It there had been anything Meek in the defetid•ntee
conduct, could they duet he would have emo put into ate
box to divulge 11l MA Meanest Is an Melt °Able argument to
show that the mos% tenets I friend if the ommio•ist, during
the mist impor.ant peilod of his 111,, when he came to
England, knows of no misconduct on his part. I was molt
I noxious to see him Mike bog but the opportunity was not
decreed, and I was triable to show if he left she defendant
for good ninons or for the reverse. or from kis having
been bought over by the other side. I can ne no tuna:out
solution of House's conduct, and I have said enough about
him to rouse watchfulneu and vigilance on your part. I
am challenged to tell you why I did not call Mr. Holmes', and
I think that his conduct fitly Itntifies my not doing
no. Mr. Holmes attended the cruet daily on a sub.
peens fvom the Crown. with all the papers, but he was
under sin legal or moral obligation is, give to the
Crown a list of documents and book. belonging to the
defendant, an act of treachery In doing so which seine
prevented my cables him an a witness. Mr. Holm.
or (tactless( to enter the claimants one for teed in tee life-
time of Lady Tichborre l• another reason why I had not
called Mtn, aid there are rennin why l have not called Mr.
Lent. But why did not the Crown call film to corroborate
Gesford, or to give evidence of misconduct on the part of
the celendant when he was conducting Ms case, if any
could bit given. Than are two men which more than
any ot er men ha the world could have stated whether
the defendant was guil-y of a single sot as suggestive
of fraud—Holmes and Rouse, and yet they had not been
called. The only in'ereece you can draw from it is that Le
has not been e Miry of • sin eh, act that will not bear revela-
tion In this court in connection with his claim. Such con-
duct on the east of ihs defendant would beets relieved
frem a breach of professemal c mfider,ce, and I
return Mr Hawklue Invitation with regard to Mr. Holmes,
and I oak him to meet my argnment in reference to Rouse
and II lines. I ask you with great deferen se and with a
powes f °anvil:if mon my mind that you wlll do so, to ells
mite from your minds every suspicion and every presumption
that any guilty act was ever dime fly the debit dant in cimnec.
tin wit, Holmes and Rouse that Is not eupported by proof.
the learned counsel protested against letters writ en by
Holm. Nine put in and used against the defendant.
and against the principle teat letters writhe, by an attorney
cotter he used against his client. I have ain't° cemplsin th.t
a gentleman I wall (Maim. to see in the bin-Mr.
Bowler—on account of the prominent part he hue taken In
the preseeittien, has not been called. I d m't mess to say
there wis any particular gust', In his showing photographs so
the *toles., epd c nversing with them ; hull sleeted have
thought for his °en sake he wonel have been anxious to gel
into the witneeshox end have refuted the clearers that was
01a0e against him oy the cb-lendant. I should like to have
known whether melon It the letters aid documents of Sir
Jame', Tichborne, eminently treinured by his wile, there were
not the jeuruals and InernOranda of Roger Tichborne,
which was always Intimated, but never proved, came to
the defendant's knowledge. I also want to know why
Lord Arundel of Wardour conflued himself to Wapping
—whether it Wes because the air of the Q eon's Bench was
too tidiest, for his cepstitusion ; and Fiat :el. Goumge, both
of whom ceull have said whether the noferidtht is Roger
• Tichborne r not. There is a i acemtit given why Jo lettele
who en !Leer's tutor, and lived in the mine house with htru
In Parts for three years arid a half was nit called. Why also
was uni Gem rei Brunow calla ape lath, r Humbert who
prepared Rigor Tiebberne for nts flr.toit.teiunilonf My yea.
sun for not c .114,4 g Moore wee the il f eling that etiete 1 he-
se,. him 111,1 Luger, because Moore kept a diary and gave SII
pasticilarsi.i Roger's move meets, but that 011 00 reason why
the pit .stcutlon should not have milled him, mpeciaily if he
war prover,' to disidentity the defendant 111 Roger Itch-
borne. If I had felt the inevitable necessity of tieing so,
w, old have teled tim Wool I lie have turned the scale
In my favour which my 200 witnesses left trembling In the
balmic7l I think nut, and therefore I fell that neither
Ho re nor Nugent woul i do it; and If the witnesses I
have called du not convince yon no other pewee will do
It. I euemit that I have proved and estableteed, first,
that the defeedant Is not Orton ; and, secondly, that he
it Roger Tichhorne. Tisire is a peculiarity %Heeding
this Wel Old does not smelly &Used trials of a orients.]
nature. , It $s • geseral rule of tie English law that whilst
a civil nOltle is pending the Crown will not suffer criminal
proceedlugs to be instituted, and I say that the uonsult
In the Consmon Pleas was not an end of the civil mule, hut
that practically ill. pending, laud mast eventually be tried.
fits hands are thereby tied, and he dots not tight on equal
taloa

Tt Ifird Chief Justice : Then son should base applied
for a postponement of the Uhl until such time as he had re-
commenced his suit, and have brought It to trial.

Mr. Kenealy : It did not occur to the mind of the defen-
dant's then legal adviser to do so. A man cm:Emitted to
take his Ohl by • judge, comes before themourt under greet
disadvantages. The general Impression Is th.t an English
jades can do no wring, and when a maul, committed by a
judge he comes before the court rimer the eats, meat pos.
Bible disadvantage. and I sin sorry to say that you mud not
regard the committal of the defendant by the late Lord
Unit Justice Burin In the Important light In which you
would have been entitled to regard It if he had not violated
that rule of law and praelioe that I hope will ever prevail
II &Wand.
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Mr Justice Lab: Ton are aware, Mr. Kenealy, that the
power is given by a modern Act to Quarter Sealona and
County Courts also?
Mr. Kenos', : Yes, it is Oven, but it le so rarely exercised.
The Lerd Chief JiPtlce : 1 have done it when I had reason
lobelia,, that perjury had been committed
Ur. Keneely I don't ay he has no right to do so, but it
places. defendant lu • disadvantage when on trial.
The Foreman: I can't imagine that the jury will In this
case be prejudiced by it.
Mr. K enealy : I always dread a committal by • judge A
enemata,' by the r rdinery tribunals has not the power over
the min.' that a committal by a Judea has. The defendant
an exception to ordinary men, and therefare he should not
be tried by the °ranee), rules of justice. We pardon the
eccentricities of men bite Lord Byron—we pallate and exmse
them, and do not judge them by the am. rules we judse
other men. If you judge the de'endent by ordinary rules
you will say he I. Oro',, hat if you pulse him sp., from
horn you will may he le R.,ger Tinhb mile. 111. mid this
man can't be ngentlenmns, because he acted Si a butcher, but
the ame must be sald of Lord Peterborough, and the
Resent Orleans, th ,t they wars ant gentlemen, Decease the)
solid aa thew own cooks ; and Doan Swift, attar convening
with the itiatat wile of his day, used to repair to • low