The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-09 00:00:00

SATURDAY, AUG. 9, 1873.

ire-die direction. IS ineteen persons, 'notedly g several Wins, Indirect motive, rite avoid giving a rifted erawee, is, ft
were takon into a waiting-room to he r ssroined hy medical knowingly lapse, undoubtedly perjury.
men, but they were found a.lo to pursue their JonnuY or Mr. ft enesly said he should have doubted that.
rotor. home. The bruises were mostly on the face and hold
~.:
.ea sB, i 7 Y;thn.o:s.
alderman sad Mrs. DJ. Sing, OP Hull, sari, among fluoe who
received conturdous. The railway shot was out allglitiy
itternaagald.ert and L. shortlytrx f R
beforewa s el
twol..g.
ciii:ol iy....1 . Tha Lime of Cdth""lauutehret: s.eL.:Lart; nei ' 'd. Chiefe
I'7 clearly ,
~h Benchjaruvisyli,:,''.o:ohpAceiditlt:wtnildte`...is lunirl :hi : l gtdeclaring. hereizr?.
we have described Is pi rjary.
Soon efterwaTde the Court adjourned.
THE TICHBORNE TrilAl-

On Wednesday, Mr. Kane&ty Oren for sonar time upon the
absence of the Orton family, who, it the Crown believed in
their case, it was abtolutely nscsesary should have been
called. Wrth respect to the defendant having positively
sworn that be had no recollection of going to Lloyd's and
examining, with others, the bunks there, he contonced that,
as he must have been perfectly well aware that complete
evidence on that subject was in the possession of the other
side, and elm knew Clint in au mewing he rendered nimselt
liable to a long term of penal rervitiote, the natural citblm
sloe wee that Ms mance y was gone, or that i.e spoke in his
u.n‘l reckless way, nut that he wilfully and corruptly swore
what ha knew to be false. His conduct directly mgt.
lived the we+, of the prosecution that he waa •
mon who prepared and armed blineelf at all point.
so as to be ready to answer every questien. reading no
and of " Baronetagt s," studying no end of pedigrois. eta-
mining 110 61111 Of lists at stiles, and leading and crammuir
his memory with infuricatteu. All the information he had
acquired was of no use to him whatever. Mr. Kensiely then
submitted that the defendant marrying in Australia nuct,r
t.,.8 name of C.stro could not be accounted for, except ou the
theory that he was Roger Tic, borne. lie cruld not under.
Sand why Arthur Orton should marry under another name,
Mat led deuld why It rig, shored do so, because lie had
enterod into a menial employment, and bad before him the
elite of a free, untrammelled existence, like a wild animal
I. sylvan shades.
Tee Lied Chief Justice : There may be no reason why
Arthur Orton should change his vaunt, but it wfis part of
the defendant.a story that he dirt change it.

Tbe Judges took their seats at eleven o'clock on
Tuesday morning, being the aisty•Fiath day. De-
fendant made his appearance a few minutes previously.
lie was greeted as usual with the cdeers of a flathering
of idlers at the entrance to Westminster 'loll; and
meow I to be greatly. improved in health and spirits by
the few days' holiday whiola have intervened.
Mr. Kennaly, in re.communclng his address to the jury,
sat be telt it necersary to continue to dwelt upon tin, eel-
&men as to the Mental capacity of Roger. in order to chow
them that, as he exprested it, his "brain was sapped," mad
ha was hardly answerable for his wort..l or acts. The
'child," he said, "was father to the mats," auit the alarm-
Mies and weaknesses of Roger bad culminated in the
absurdities and extravagances of the defendant, which
were, in.this view, no many evidences of their identity. In
support of thin view he urged the Mobility of Roger to
master his regimental drill or manage his hone, but as to
this the Lord Cold Justice observed that brability to manage
a horse was hardly a proot of not of mental capacity, and
more than one of the jury said their impression r 4 the evi-
dence was that R erer th ;roughly understood his drill, and
that Lis In. Mcieuhy had only ari,en from. want of power
to manage his Kerrie or Inability to express himself in
Mullah. Mr. Kenealy went OW to ur4hs the practical jokes
tehicted upon Roger while to the army as proofs nil his
imbecility, but as to this the Foreman observed that at
that time pracqcal joking was c retied to a great extent
le the army, unit the Lori I'Dief .I,:rtice ad'ed that it had
led to a Genera Order for its repression Mr. Kes-ea'y
then went on to allude to the instance of ee,eritrro y as-
cribed to Roger—the habit of smoking flies nailer • :lass—
and he like ed it to the habit which tho defeud ant kill sorb
pos. dhe had acquired—the habit of eating them. Upon this
the L.r 1 Chief Justice asked whether it was to be taken as
true or untrue that Roger had eaten the flies, as the defen
dant had suggested ; and t this Mr. Kenealy answered that
the one aheurdity was as neat as the other, and that the Man
'who could have a habit of smoking flies was just the ne.n to
wipere that he had eaten them, lie then went on to anode
to the defendant's statement that ho had danced the ce o can
In 1817 before a lot of ladles an.. gentlemen in the library
at Burton Cinstale, upon which the Lord Chief Justice
asked whether few,. to ire taken that Mi, was true or un-
true, to whbh Mr. Kenealy answered that these things were
ahem, lies so grs at that they really hat dip n quired serious
wtentlon, and were such as no sane man would have uttered.
Parader; on to the autejeet of Roger's ideas as to the estates
and Ms disposition of them, Mr. Kenealy urge,' that the
mists of his client's idea as to Upt u—that he had the power
of dieposing of it during the lives of his lath, r and uncle—
was lobe traced iii the in-prerrien on the mind of Roger;
but as to this the Lord Chief Jurtice observed that this idea
was not to be traced in Roger's will, In which he only dis-
posed of his reversionary interest in the estates. Coming
to the subject of the • ill, Mr. Keuealy coo merited upon
its provisions, with a view to show that they gave un-
wise powers to his solicitor, Mr. Slaughter, and to his ex-
ecuter, Mr. (Seaford, in the event of his death ; but Mr.
Justice Limb obeervsd that these powers were taken from
printed precedents which had been need for many years and
were to be found in approved works, such as Jarman on
Wilt+, and the Lord Chief Juatieu obrerved that the •ill had
puma through the hands of an eminent arid experienced
conveyancer [Mr. Barrows, who was called ass witness. and
said that Roger showed a wonderful mastery of the nub-
jt et and one of the jurorsasked, 'flow does all`thla help
to show that your client is Roger Tichborne
Mr. K °nerdy.— Sir, yin. sill hove to hear a great deal more
or, this subject. lam paving the way to my argument, and
must he pernaitted to pare it in my Own way.

Mr. Hawkins Ard the reason [oven for Arthur Orton
changing Ms name Wm that ate had Acne something which
dad taut conform to the law. .

Mr. Kenealy bald he should be sorry if all Ms client bad
sold was to bo talsen for gospel. Again, he could nut wider-
mend why Arthur Orion, a good sound Protestant how
Wapping should bOVO boon married by a Methodist minister.
(A. tough)
A juryman rsmatktd that they cover hard of the defend-
ant pa.sing by the nOOOO of Cocro uutil 180 or IS6I.
Mr. Keneoly said the prosecutiou had not proved that
fact. .

the Lord Chief Justice: There Is only the defendant's own
statement that he passed as Castro unitre IMAM We have DU
corroborative evidence un that point Wenutit hoax of him
CAW° until he guns to Doliniquin in 1860.

Mr. Konesly: I am quite sure the Jury will suspend their
judgment on this subject until they have heard our evidence.
I don't Curd straw tor the Octal theory; for unless I have
received instructions calculated in the highest th gr.° to de-
ceive, lanai have no difficulty in proving to the satisfaction
of the Jury that the defenuaut Ls not Arthur Orton, whoever
he Is. that 1 can almost tags On myself to may will be made
as clear as light itself.
• •

A juryman asked when they might expect the evidence,
but 110 reply was mane.
Mr. Keuealy palmed to the defendant's intercourse with
Gibbea, tie attorney, and argued that with the exception of
the Wagga.Wagga will, It was marked toy the moat perfect
and complete bali titles, and was, moreover, marvellously
notroborated. Be pointed to his reluctance to yield to inn
eutreati.a Id Gibbes to make himself known and communi-
cate with his famloy, and his refusing to let Giubes write to
Ms supposed miter and writing himself. if he were an
impostor, and an illiterate one, woula he have done that
Ills mentioning in the letter the heighten card-case all a
circumstance only known to himself end Me mother, the
learned counsel said it au evinent from a passage to one of
Lady Inuinurne's iet.ers that it was • matter which would
not bear the light, cud as closely guarded a secret Oct ween
them a. could possibly be conceived.
iii Lot d Chid Justice: how do 3vu explain the statement
of the defendant himself coat it was known in hia own
circle?

- - . -
The Lord Chief Justice explsiaed that the argument ap-
peared to he that some of the wwers in the will of R ,ger
Ilehborne were unwise, and were proof, of a want of cep Anil,
which might account for much that required explanation in
the words or acn of the defondaut.
Mr. Kenealy raid that was his view.
- .

Mr, liemealy : Oa that refers to hla mother, father, and
himself. Ike oleo:ben ef the family woo have beea called
said they uoier heard of tue matter, and I cannot suppose
they spoke iultruiy.

The Lord Chief Jortlce, however, observed that the basis
of this view wag that Roger's will did show much imbecility
or want of capacity, on which there was & good oral to by
said the other way ; and . .

Mr. Racking said when the defendant was asked if any.
bydy but his father and mother knew of it, he reviled, " IL
was generally known in Loa own circle."
The Lord Chief Justice What dues that mean f
Mr. Kenealy : I don't think it conveys the meaning attri-
buted to it by Air. klaviluus. Betides, It is not f.imded on
taut, because none of tun family heard of it.
Tile Lord Cilia Justice there is another matter which
iventia on my mind. Tee defendant sail he lost 41,:h0, and
that his mottles fhuud keno to iodic and compromise the
affair. Tuere is no trace ot the ghee ever having been paid.
At teat time Lady Ticiaborne had only A. luei a year of her can,
red Ms money cuula only have neon raised reltra the concur-
rence of her liturriatil or trustees.
Mr. lienealy thought he war light In assuming, from a
peculiar ymaago 11.1 one of her letters, that ',say inasburne
might Lave saved the alone) iii pinching and. hcraptbg.
The Loud Chief Justice : If she raised the money from a
banker or murny-linuer were mud be some truce of It. We
know she dm nut apply to the Undoes, and what passes in
soy ruliad is this : if the money was raised, toe mode of
raising It must be known to the defentraut, if lie is guars
licuourne, and some uocumentroy evidence In teg aril to it
muse be in s throne*.

One of the jury °Unread that It was In evidence that
Rogue had takeu the beet patsible means to make a good
wilL

The Lord Chief Justice said that certainly was so, and in
Jounevy, 18"2, Roger had desired his solicitor to explain to
him his posn ion with reference to the estates, and thin,
having received his eeplanaelon, he at once, on the 6th of
Jenuary, wrote to his solicitor a Meg letter, fully explaining
his own intentions relotive ti his win and on those instruc-
tions the will was drawn up. f" %%reprinted this letter at
length sonic weeks ago, on account of its importance in this
view,' .as s The Times, from which we take this condensed
mport of the day's proceedings.]
one of the till, observed that it was in evidence that Roger
had a comultation with Mr. Burrows, the conveyoncer, who
had slated that lie showed a remarkably Intaillgent maslery
of the subject.
Mr. Remaly admitted this, but suzgested that this
city showed that Roger undendood a hat Iris inteld ions
were, sot that he was not snider the infloence of oi hors
In forming them ; and he surgested that he was under the
influence of Costes I an I Slaughter, and he instated
ih :1 the will eboae I "he had no mind at all." Mr.
Kenealy went on to argue that memory was a faculty
which depended Ins great degree on exe:cse, and that the
defendant bad not exercised it, and hal taken no pains to
improve If, especlally as to Ireton], and that, therefore,
While his nonsoci Heatless of in:Admits was of no im-
portance, hie rec.:Demi:in of incidents in Rowel's lift—cape.
chilly in Ireland—was an indobit.ble proof ot identity. The
defes:Cant had not, he said. visited Ireland since his relines.
Orton was Lever there. and tire defendant'. recollection of
the incidents of R 'gees We in Ireland was, he acid, remark-
able, and so of ot ser incidents in It iger's life—as hos present-
ation of a snuff-hox to captain Frezor ; while, on the other
hand, his error., his extravagance., his faults, were those of
Roger. Ile declared that every peculiar feature in the cha-
racter of Roger.had sis counterpart to that of the defend .nt,
and every peculiarity in the defendant hod its counterpart in
the character of Roger. lie was swore, he said that Malin°
of defence was criticised, and by some condemned, especially
his admissions as to the misconduct of the defendant. But
Ire must conduct his defence according to his own views, and
he could not but admit that hi. client had said and done
this gs which could not be morally justified. He took this
occoifon to acknowledge thee patient attention of the jury,
and he emphaficaLy declared that he should always say hie
defence bad bad a fair 'mil impartial hearing. Mr. Kenealy
went on to notion the hicblents as to Captain Frazer as con-
clueive of the Identity o! the defendant. Ho first noticed
the evidence that he did not "recognize" the Captain
when ha saw trim at the Law Institution in 18°7, as to
which, however, he suggested that his client might have
known Fr err, though he did not accost hlm or show his
recognition. And he went on to notice the fact that
the defendant had recollected the pre seutation of is si.uff.
box by Iten:er to the Captain, though he said it was stir, r,
arui theta::: was it was of wrotnl, which Mr. Ressasy aceoluited
I di by Roger being drunk at the time, though Captain Fr ser
denied this. The: Lord Chief Justice, however, entre I what
tecame of the silver snuff box. Roger would, of course, see
ft next morning, and would know that he could not have
given: it away, yet the defer dart stated he had done en : and
one 1 f the Pay observed that, ac,ording to Captain Fraztr's
evidence, Itnger was not drunk at the time.
Mr Keirealy, howevor. dwelt upon the fact that, according
to Freer, no nine else horse of the incident, and insisted
that the defendant.' recollection of the incident was alone
conclusive at to hisidt ntity. How Could Arthur Orton have
guvacd at it?

Mr. Kenealy I shall bear your lordship's obaervation he
mind a the au She we,got chicle ottocatt to It.

A j erymau : There Ls another difficulty—it woo stated that
Roger WWI never at bnialaaal.
kite Lord Chid Justice : When we come to the letters, It
will be teen trait When at Canterbury, in 1/52, It ..ger's letters
account ter him up to the 3rd of Augusn ste antes again
his the 71u, and he ma) its lee tuttltai nave gene to Blighteu
laces, it will be a Mee quatiuu, however, whether his La-
reat evidence bt tilOau lettefi tto Out negative the going
there. It has been suggeateu that it-g:r may have been
there to ether years, bat lam bound to tell )uu it 13 physi-
cally impouibie he could hafiVel gleell in Brighton in 1151,
whet. tee Brlghton swintilleg case ec,:urred, because he was
theu at Clem:eel, in Ireland.

Mr. Hawkins: ft tenat have been in 1a52 that be was at
Brigntun, because the Lae. daub .as lie sent from Canter
bury. that ens Wit )€l,r alien itager was Stationed at Cl.ll-
- nacracks.
51r. Kennel.), repeated that the defendant must not be
bound by dates.

The Lord Chief Justice: It Is • question of fact. The de
tendon, pins Limzed down to the f oco that he went over irom
Chuterewry.
Mr. lientaly hoped his lordshlp would cot be too hard
upon him. It he were toid to mathematically prove In whit
particulor ) ear everything was dune, If would be impusoluie
he could do so. If he gave lair and reasonable evideme
that the defendant was mixed up in such a transaction,
he attaChen ho Importance coanener to the place or the
year being proved It should aa not reLoil,,ted that
alter the death of her husband, Lady Tichhoine had a
large Income, and that she dint clear elf some liabinty of
Roger's. The learned counsel then returned to the defend-
ant's intercourse with WOO." and pitcent great Wes* Upon
In. inrcumotance of the eletenuaut nen% ue landed at the
child to which ins wile gone birth in Australia being like
himecli, atulouting to it his a.tereel resolution to return
home. The lemma Coumel sent on to ruler to the hand.
tern ingot the deiendant, urging that the remarks. me bind-
ierity netween the handwriting of toe letters au proof that
the tieleutiaut axe Eject lielotiorne.
Tim Lord Chief Justice mired whether, supposing the hand-
writing of the defendant was coo pared wail that of Roger
irnimulotoly alter the loos of the Bella, he would soy it am
the same?

Mr. Kele,.ly mild no. The ellssin.ilarlty there was evidence
aginuat LluJ. The in -erval aCiuttuted tor a otislnallarity 111
appearance, but oily In appearance, and immediately the
letters euro examuitel leliurely It would Or apparent.
The Foreman asked ely they should take the clefeudaht's
later letters.

One of the jury observed that M'Cann, who was in the
service of the defendant, had been with Roger at Canter-
bury when the incident occurred.
Mr. KeLealy said that was no doubt true, an! there was
the meas-wait-ir who brought in the win.; but Crif tale
Frazer stated that no One was present at the time, and that,
sot rash. knew, no one else ass aware of it. From this
topic Mr. K slimily passed to the subject of the defendant's
avoidance of marl Mg the witnemen at the taking of evi-
dence under the C imniasion In Cliii. and he Lite I the
answers of the defen 'ant in cross-examination, to the effect
that he never intended to go to Chili fir the purples of
a' tending the Can his on, and meant to come back. Stich
answers, he urged, were tetimli se and unmeaning, and there-
fore, he urge.'. its client c old not be convicted of perjury,
for perjury mint be wilful, and not merely reckless.

lieuealy said bccause in the Interval the life he bad
been lowing ebaugcd bin Lend, but It reapi.eArud alter
ivkLide.

lhe Lora C..ist Justice asked it the learned c3oosel meant
to say that a man a nand tu after Inn went clack to toe hand.
writing it youth. Inere was a remarkauto dittnrenm
o,tweau hits ("le Lnkl Cute! Jtutictie) hauuwnting how and
Wbou ho ',tut to aellouL

Mr. Kennaly Bahl he bad made a careful examination au
Jaunted the nendwritlog. Ito invited aua cueireugea toe
jury to compare the early writing of En g, with the recom-
mencement of the attenuant's writing atter he return...l to
England. and they would at once recogui.e the remarkable
shuttle/icy bnternu them. For a area. number of )tatt's tie
ilia 001 write nib.

The I..ortt Chief .I.lstice . The offence I. c rnmittral it the
party has sworn what was unt•ue. knosiag it to be so.

Mr. Keneely It must be wilful, and it is not so if it is
merely t,oughtime and reckleis.

- - -
Mr. Justice Mellor : Pr3vlded he did not mean to make the
statement.

The Ltrd Churl Justice 'aid there was a great deal et the
defendants writiug to toe interval.
the 101002811 said toe defeutiabt never dircantinued
writing.

Mr. Kenealy : The intent le necessary to constitute the
offence of pet Jury—the latent tosptek falsehood. But these
answers are. to my mind, perfectly convincing that he had
no such deliberate into,tion.

Mr. Keneaty again urged that the early writing of illgtr
liehuorue and tile arttleg ul the detentlaut at toe reedu.-
ineueeincnt id his lue Ftll> ttleumal.

Tile Lord Chief Ju,tice : You ought not to pledge your
perional conviction. You ought to epeut only on your in-
structions.

lac Lrd CLiof J uttice said tio doubt the handeriting se-
quiz el • caremi examthatmo. He had taken the utmo t
polo& to do so Why were they hot to compare Roger Tact.
comma's writiag In 1004 5110 that of tho doieudmat to 100a—
the a rang merest so polot of time?

Mr. Races!, said he only meant to do so.
Mr Justice Mellor said Mr. Kenealy hod once or twice
appeared to convey his own personal conviction in favour of
bit client.
Mr. Kenealy said he had not intended to do an.

Mr. Katesly said in-coesequeuce of Ida living a desert life
El tad satervai.

Mr. Justice Mellor said the advocate ought only to express
his opinion al counsel, uot hit personal conviction.
Mr Jostle° Lash olwerved that otherwise the cows. I on
Vie other Elie might pledge his ptraoual convi :Lion the
other way.

The Lord Chief Sintlce askrd It the learned counsel meant
that the last writing of a man who hail not written for an In-
terred of tan ears would go kick to the writing of his y ,uth,
aud would bot bear comp:L.llsta, with his last known hand.
Mr. ti entaly said that was vii! al he contanded.
_ .

Mr. Kenesly Regulars:el in this view, and went on to Urge
that his client's answers were absurd and inconslateet,
and that when asked to account for them he flcundered
about in hopeless attempts as to explanation. At oce time
he mere be ids: int to go, and at another time that he
did not, and that be meant to come back ; at one Core
he got a judge's order pcting off the proceedlrgs
order to mead, him to at tend them, and then lumedtarely
afterwards obtained medical eertlllestes to excu.e himself
from sttandli g. There IFS. a mixture of irresolution and
energy in the character of Roger which reminded one of
Hamlet. Mr. Kenealy went in to notice the conduct of
the irefend,urt at the meet ng of his lei: Ws, when he denied
hia own lett: rs to o:ton's sieve, which ho explained in the
SAMS way, a• an idstance of the weakness and irresolution
of Ma character. He mirtht re weak and irraminte and
reckless, surd yet might be Roger Tichborne. No doubt he
denied Pie own letter,, arld this was a just subject of ob-
serviel .n. The letters were produced, end he hod the
weakness to deny ti em' and or course lost friends as be
deserved to lose them. His writing the letters in the Lame
of SEW:: ns, stc —all was droucht up centrist him, and
naturally no ; and what cculd be Sail Of it lust that it
woe all ref a piece with the re;t of his conduct and
act.? Then there was the fact of his rending a portrait
of his wife and child as the portrait of Ortou's
wife and child. What could ho more foolieh ? Theta woo
no 'miming itir It. Then there wore his letterer, the:Asters
of Orton ; hut if they were the sisters of the di fend at, why
had they not been called tel prove it, and w las had not Charlie
Orton been called? 'The defendant had, however, admitted
that he had correspnwied with thins. Mr. Keneoly went en
to notice the pwsege in the cross-examination of the defen-
dant in which, being asked why he took the name of Morgan
(a noted hushranger) In Auetralle, he declined to aeinwer be-
cause, he said, it would tend to criminate him, awl then,
after swearing positively, he declined because it might sell -
pea, Liar toe?! elhal prosecuti as. and then a little while ef:ser
tee arid be hadno roan flier it,
Ilse Lord Chief Justice Then are we to take it that the
state moat he made upon Ms oath was false
Mr. Km ealy : If ir own acseeci dottrels it.

The Lard Chief Justice : Wry?
Mr. Kenealy said because he would have to heath aa it
wire to write &Utah se lu his early )oath (latushte,). That
vas hilt vinlvnr.

The Lord Cbiel Justice said be believed It was only a
notion. lie wanted to see some reseou Lee it.

Mr. Kenealy said he could not state more than that the
Land fulls out of its elle from disuse.

The Lord Chief Justice said he could understand hand-
writing aiiering from oli age, and from the want of constant
writing, but he could uot uuneritina that if a roan sus-
pended his writing he recommenced from his 300th.
Mr. Keutaiy Auld he should have imagined that it would
be to.

Ntr. Jarll.e Lush raid that a man weu:d hardly, under melt
chcanakarices, be,ku to lent Ida lettere ahem hke a tchook
boy.

M. Ke.esl7 .ad no. A wan would not actually have to
begin to I. rus his letters scow, but to c s.seq,ouce ct Lug
Walesa the hand would revert IN ad tariy hand rasher than It.
ed haueltrritlur.

The Lord Chief ..Tuatlce said he would give a pr 4ctic.4 h--
ahmoe. Ile formally wrae 0 1111•11 it, O:r11181. kat!,
he sow times did It how, but hot so Ilmut.y as he med to do,
but lda hande e/tiod was the same.

A juryman said tke &Gallant cottltued witttog in the
poAnt back and bather's

_
The Foreman 'aid the defendant was never out of the reach
of pen and teL

Mr. Kenosly said that if they started with any companion
other than he auggested, he wan not prepared to mtet it
The I.:reman sail there wee no proof that the defendant
left off netting.
Mr. Kenealy laid: Except the absence of the handwriting.
The learned counsel the.: referred to Vier polLts 1., ti e
Austral,Cr, stati mente, end eaked. how was iii possible that
Aribu- Orion, who never war In Nils, should I eve known
anything about the TichborrhA living there. The low: el
conneel next proceeded to remount on inetlente connected
with the def endidit'a voyage home from Au/trails.
The Court again asljuerned.

A Juror: It was quite ineonsiste ot with the prior answer.
Mr. Remaly : No doubt, quite Inconsistent and Me former
answers were— hallucinations and delta tone—there Juno legal
phr we Iw them They were in Nmsistent left his own
solemn oath In his last answer.

Another Juror t Then one or other of the statements must
have been dellb rate falsehoods

Mr. Keoealy : D oft lay " deliberate falsehoods ;" they
ruay have beau untrue and 3et not deliberate falsehood.;
it not uttered with•lotent to aveak Nicely they would IRA be
pad Mita

_ _
The Lord chief Justice : If he intended to nsedd it Wwer-
!n. a questicu by means cd false stJteruents that is deLiberate
islsehu. d.

Mr Justice Luth Certainly.
3tr. Kenealy thou. ht otherwise.

Toe Lord CoietJusticn and Mr. Justice Lush re;.eated their
°Widow'.

Mr. Kenealy : Surely there mnst he some obtect.
The Lord C 11-1 Justice : Sq there la—the coded of scold.
in, answer. Whatever Is stated on oath in =wee to •
question, II knowingly false, Is perjury.
Mr. Eenealy It the jury are of that op:Mon as to the
defendant's answers, they must contict him, then, upon that
ground?

The Lord Chief Jurt!ce We are dealing with your argu-
ment.
Mr. Justice tn.' It seemed tone vry strange.
Mr. Justice Mellor said he entirely concurred in the
opinion which had been expressed by th Lord Chief Justice
and his brother Lash. An answer on oath made from any