The Dorset County Express and Agricultural Gazette.
Dorchester, Dorset, England, 1874-01-20 00:00:00

THE TIOHBORNI TRIAL.

On Tuesday, Mr. Kansaly %rimed that there mud
have hese two sealed packets, and that the document
produoed by Goeford respecting the building of a church
wild not have been the one referred to by Roger in
oonneotion with his will. He argued from the oerres-
pmdeoce that the reason of Riger's summary didnissal
from Tiohborne was some offence wholly unpardonable,
and that Lady Doughty, when she wrote respeottng
Roger's drinking propcLalties, was only diplornatlsing
In order to cover something which could not be written
about. The Chief Justice said he thought Lady Doughty
was trying to fiz Roger while leaving her daughter free,
bat he could not oonoelve her being such a detestable
hypocrite as Mr. Kermaly suggested. Mr. Lethal,
asked the ;jury to disbelieve Mr. Goeford and to believe
that deferment first mentioned the sealed packet. He
also notioed Lady Radcliffe's question to the Claimant,
"Where did we last meet?" which Justice Lush said was
the lest question a guilty woman would have put.
Dr. Kenai,ly on Wednesday contended that, Lady
Radcliffe bating denied that she ever walked ontaide
the grounds with Roger, and having been decisively
contradicted OD that point, her denials as to the
more serious matters ought not to be relied on.
Neither of the couaios appeared to be a model of
veracity, and he thould be content it the jell fouLd
them both liars. In tionolaaion, the lesried counsel said
the jury could not dare oome to any utter verdict than
that defendant was Tichborue. Tii,re was Dot en
honest man In England who believ,d def,udant
Orton ; and who else WWI Le ho but Tiallburee ? Tee
law did cot call ot. Lira to wove tbe defendant's
inuoocuoN but Le had proved it. Ho adverted to
several ooltbrated trials, and than reverted to the un-
wevering rec.,guilou of the defendant by Lady Tich.
borne. In the name Of the spirit of the departed lady,
said Dr. K.uealy, I adjure every ono of you never to
lose eight of hoc (corn the beginning to the end of your
Inveatigetious ; del in hue name, and in the name of
Truth sad Judie.), I deutead an acquittal for Roger
Tichlionie

_ ....
Pai.i eased 1):. 4enualis IIP•6012. and tha °out
aj ,umcd,_

HUNDRID AND FIFTT•NITTEI DAT.
Mr. Iteakine, in ootnineuoieg his reply, reminded
the jory that the line cf defence taken involved
avowedly the most terrible charges against all, with
vas few exceptions, ca:.uoisted in any way with the
prooreation either as wit Wilk • or otherwise—allergen of
peijury and forgery. Winery and orn.spiracy to deprive
a non of his 'lotto! inheritanoe, • oonspiracy to whioh
it WAS said the Goveromout were a pat', for the
purpooe of prom,ting the private interests of a par-
Mauler famOy. lie would not, be said, do the jury the
grievous injustice of supposing that they had given on
ear to these will, reckless, and slanderous denuncia-
tions ; but be asked them what they thought of a
deletes, which required them to be made. Coming to
the coutideration of the o.se, he divided it, as he lied
ritne In his opening speech—"three.q teeters of • year
•go"- into three main heads or brooches—l, that the
deft:Atilt is not Roger Tiohlowne ; 2, that he did not
stduott Roger's cousin; 3, that he Is Arthur Orton. He
proposed, he said, to (Dal first with the last part if the
c.se, because, If ho motioned the j irr that the defendant
' is Arthur Orton, then the rest would tit cessarily
H. then trii,ed the history of Arthur Orton until he
called in 1848, as an apprentice to the Oooan to
Volparaise' deserting the ship in July, 1819, and ciomiug
back to London in the Jute Miller t-any in Ism, in the
m. entire@ b log at Bilelipilla (rear Vslp smote), where he
b.,came atequanted with the Cabin family, whose name
the defendant took during the latter part of Ms real.
donee in A. astral's, and with whom In 1888 he corns-
prattled. Noticing tho evidence of etre of the witnesses
for the defences) oallui to prove that in the interval
Orloo was on the other aide of the ozmUnent on the
cost of California, be pointed out that this witness
must have been miattteu, for be crime home, be said,
early in 1851, at which time it war an undonbtad foot
Arthne came limk from Va,parsiso. Theo, after
noticing his acquaintance with Miss Loder, who had
sworn to his idt Ltity with the dtfendant, be traced him
with the Shetland ponies on board the Middleton to
Hobert To oil, where he was until August, 1855, and
thence to Port Albert In • vowel belonging to • Mr.
Johnson, of liewburt-p irk, Giopiland (In South
Australia), where he was until 1858, when, wording to ,
the case for the prosecution, he entered the
service of the Fosters at 13 'island and Dargo for
two years until the end of 1858. He showed that
as to Orton these dates were pleated beyond a doubt,
not only by the evidence of witnesses, but by
written documents signed by Orton—a receipt given by
hint in Hobart Town, dated August, 1855; aud his
olaim in a suit against Foster for waste down to the end
of 1858. and he Identified Orton with the defendant by
the evidence of the dt fondant'e pocket-book, ciontadolog
the entry of his arrival at Hobart Town; by the evidencs
of Mrs. Fodor and her present hushaed, and by the
evidence of their books. He cootrasted these lasts and
dotes with the story of the defendant, that he never
was at Hobart Town, that be landed at Melbourne in
July, 1854 and at ono° engaged (as Castro) in the
service of Faber at Boiadale, whisk according to Mrs.
Foster, was hope...gbh.. as her hatband did cot sceptre
the property until 1856; and ho showed that, if the
written and dococuoutary evidenoo for the prosocudon
w .9 rlaht as to this, the w:mie ow for the defaces was
dottrry.d. he next proceeded to notice the owe aitt
up in answer to Hits erdlenee, whieb, he said, resolved
itself into "wild and abrurd eborgee of perjury and
bribery.' He then proceeded to notice the evidence of
the witnesses called for the defendant from Australia,
dwelt strongly on the oircuoastanoes, showing, he
said, that the defeatism's advisers could not have
behevod that the evide,mo of Lois was true. Lute, he
shoed, made his statement to then as lore; ago as
I tbo 7tb of July, and part of it was that he, with two of
, I thr 136111 lose and two of the Osprey men, WAS With
;I Jaixe at the " diggiags," Awl that Jaime knew all
Ir.,tout th:An as well a. i.o did. He pointed out tbot
J 41.811 was ettl.cd Into the A:: toren woes. atta.frierda,
. . .

at the end of August, at..l wta not aske4 a word aboui
this, whieh, of &Mild, if troe, cocedu4ive in favour
of :he LibiOLCO ; and thit even aftsr Lola, a month
Ima Qa call.; I :e4,lllwura to it, Jesus was u.t
re.oalh d. Itt..nt this h, iflerrod, he rod, tit tt.e
ra f the ddludsut no reliance ripin
ultinor of the,,, witnatmea, and ihat ti,. ir wete
t,, tally fa!se. As to t!..e other waive es e:lle 1 free
Austria:la to Step: eve ti. 3 identity, it the d:fandabt
with Ortln, Ito r.s,•u d, from uoutpartso:: of the dat,a
nelciroaq.s'n:.c 4t! 3), l givi.n with the eneth•s4
AL...a IL, I I I 0:t111, that th.Litr uridotee was
i-ithet ftl, r and as io souls of them, to
i:out Lu LI to :at Aa. hypoth, al he advted the
throva our In the Lard Caltd Juatto3 lath.
c..41..,1 of their •that (olkatigoa of name b.hig
it Anatralb) there must have been two persons
Otto:., th,t Un w,iuts.a, VW IWO honest,
but twat-I:en, were ape Acing of a different man front
shorted A.rtt...r O.ton, tLz luau of Weipp;og, of Hobart
o: LtotAtai,., wheet ho Went:fled with the
a-fondant.. .

*Loin L

Mr. U awkins on Friday traced various incliottio-• In
the c >Mum indu the time when the al:eg.d
oonspiraoy tanorounool, of his uttrr want of eduoatlon,
his iguoraime of all that Roger Tiohborne must have
lumen, Lie familiarity with names and other details
altic'i 'Wier Tichbarce tr.uld not possin4 have heard
of. tie went no to deacioe tho defendant'o visit to
Wappieg, otrefully concealed from Lsdy Tiolib3nte.
Tte defiat.fant adopted the name of Octane ship, the
J...seid Ltlloi, the date of his leaving home, his age,
the data of his arrival ie Australia, cud the names of
his shipmates and friends. Corning to the Chili evident*,
he polOkti out that whim this q arose the deice-
dent wrote to Don Thomas Castro under his assumed
mime, Loping the name of Orton would be forgotten ;
but hurt he was disappointed. Cairo told biro, in entire
hoc.rdahoo with the evitentie of Donna Hoyle', who
has been called as • witneie from that pleas, that he
always bore thare the name of Arthur Orton, and that
the name of Tiobb3rue cci uukown ; and he dwelt
strongly upon the facts that thedefendaot did not at once
deny this, and that, on the contary, be and his attorney
seam), ed and acknowledged as his • look of hair which
had been oat from tha hoed of the man who had thus
been know at hfelipilla a• Orton, and whioh is light,
and not dark; and he relied on Chi, foot, cud on Gibbed's
indcntification of the defendant in Australia by his light
hair, as couolusive evi Settee that he defendant's hair
was thin light, sod that be hut Mime atom' it by
making it darker. He then dwelt upon the hot that
the defendant bad never ventured to go out, either to
Chili or Australia, to be isoofrouted with those who had
known Ortou there, ant he appealed to the j cry
, whether the rffea of this evident,* alooe was not
conclusive as to the defeculard's identity with Orion,
and whether, wh.ci the wboio evident:is was taken
together, it, weight was uot overwhelming.