The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-01-10 00:00:00

THE TICHBORNE TRIAL

[Our limited space precludes us from giving more
than the following condensed account.)

HUNDRED AND FIFIY•FIRST DAY.

_The further hearing of this case was resumed on

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Monday morning.
Mr. Kenealy, In commencing his address, said : I will
refer to the case ot Napoleon I meutioded on Friday. I
find In the Boys' Journal, published by Vinare in the
Strand, a statement that on Napoleon's return to Corsica at
the age of sixteen, It was found that he had entirely for-
gotten his Italian
The Lord Chief Dierks : Do you know how he carried on
his conversation with Omen ?
Mr K mealy I should say In French.
The Lord Chief Justice : He says expressly that It svas not
so Omen did not know Fret cis, and they conversed In
Italian The same with his Doctor AntomarchL
Mr Kenealy : I am reading of Joseph Bonaparte.
The Lord Chief Justice Oh, I thought you alluded to the
Napoleon.
Mr. Kenealy : With regard to him. It Is said that when he
returned to Corsica, at the end of seven years he bad entirely
forgotten his Italian, sod that he was so chagrined at it that
he studiously devoted himself to its recovery and succeeded.
That, however, does not weaken my case.
The Lord Chief Justice I have looked Into several books,
and I have received letters noun the point, and I find that
Napoleon conversed with the two persons I have named in
Italian.
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•....-a.
Mr. Justice Mellor Does It not rather go to show the
danger of admitting matters of fact authenticated In this
way 7
Mr. Kenealy I don't dissent from that view of the matter.
The learned counsel referred to Gaut. Naugle's statement
that Roger had sloping s'iontders. and that he was sloping
at the hips. This is very charact•riatic of the defendant
Ile described Roger as having champagne shoulders, slaplug
like a champagne bottle. This witness is a Roman Catholic,
but he was unable to give any description of the sacred
symbols said to be tattooel on Rogers arm.
By the degre of his le3rued Counsel 1h.... defendant stood
up for the jury to see Isle sloping sh mhiers upon which
A Juryman • Instead of a champagne bottle it Is a magnum.
•

(Laughter). _ _
Mr. Reneely then proceeded to criticise the evidence of
the fern ly witnemes. Mrs. Bouverie's recollection of Roger's
feature, was imperfect. She swore poeittvely there was no
twitching ill his face, that there was nothing particular In
his walk, and, whether he was an In-kneed or knock.kneed
man, there Was nothing particular about him except
that he walke I agkelf his limbs were loose. Mr. in:lnvert°,
her husband, who knew but little of Roger. was only able to
say that he ears tallied, slim, young man. Lady Rawlhason
saw him oftener, and she last saw him just before starting
:or South Amert•a. She says he had no twitch.
The Lord Chief Juctice: The discrepancy on this point
may be very lent, ily accounted f ,r by this—that as persona
advance in life bad habits sometimes grow upon them.
Mr. Kenealy : That Is both a possible and probable
solution of the extraordinary disagreement between the
witnesees about the twitch. Lady Rawlinson never con-
versed with the defendant, She went to the Law Insti-
tution to condemn, not to try him, having made up her
mind before she taw him. Tit at, no ddibt, account,
for her coming to the conclusion that there Is not
an atom of resemblance between the defendant and
Roger or any member of the family. Mr. Alf red Be ymour,
her brother, would have been a very valuable witness indeed
if the effect of his evidence had not been weakened from the
strong °pullout. formed from the fleet, because he had ample
opportunities of knowing Roger Tichborne. Mr. Alfred Sey-
mour shows that It gee had grown after he entered the
Cambineen. Lie never noticed the peculiarity in Roger's
walk, but he said he had an odd way of walking by throwing
his foot out. Sir. Seymour's evidence with reference
to the colour of the hair shored an animus and an un-
willingness to throw any light upon it. In fact, he did all
he could to baffle me In reference to it. Ile ought to be a
good judge, and to have possessed accurate information of
Roger lichborne, but he appears to have been influenced in
his opinion against the defendant not so much by the per.
tonal appearance as by the defendant's conouct—tirst, in nit
giving him an Interview, and, secondly, and especially
his not attempting to recognise or exchange a word
with Mr. Seymour during the inquiry at the Law Insti
Intl°. Mr. Alfred Seymour had laid too much stress on the •
defendant's being seen drinking brandy and water and
smoking a cigar at the time of his mother's death. if you
believe that the defendant le the son of that lady you must
aim believe that he was afflicted at her death, and his hav-
ing drank brandy and water at the time does not indicate
that he was not In grief. The strange conduct of Lord
Biron at the time of his mother's funeral was an instance
of the eccentricity of grief- In the human mind. Mr. Sey-
mour's hostility to the defendant might have arisen from
the defendant having politely "out" him at the Law Insti-
tution in his refusing to recognise him. Sir. U. D. Seymour
appeared also very angry at the manner he was treated by
the defendmt and the latter's declining the invitation to at-
tend a family meeting Ills account of Roger is very vague,
but on the whole it was favourable to the defendant. It is
very extraordinary lithe defendant la from Wapping that he
should have been able to impom upon MIP. H. Seymour,
toecaps° if he did not remind him of Roger Tichborne he
would not have submitted him to the teit of answering
three questions—Why be did not visit Mr. 11. Seymour's
after, give a description of the wreck, and his recollection
of General Mouderville, con unierstand hi. Wenn:Ma-
llon to see the sisters after his •' muniaign • with Mtn
Doughty.
The Lord Chief Justice She is no relation.

Mr. Kenealy No blood relation.
The Lord Chief Justice No relation at all.
Mr. Kenna If he had answered these question
satisfactorily there Is no doubt Mr. 11. Seymour would
have been prepare I to recognise him as Lis nephew.
The defendant ueght well have thought his presence
would not have beeti acceptable to the Seymour., be-
mime his ender in Australia would not reflect to hi.
honour. It in strange that Mr. Seymonr should have
forgotten that he had purchased seme horses of Roger
Tiehborne until I mentioned the circumstance to him.
Iha next wttneu was Mr. Talhot, • cousin of Lady Radcliffe,
lie never saw Roger Tichb3rne after lgie, when he went into
the army, and be don not mention • feature by which you
can distinguish between Roger and the defendant. He came
to speak against • man who had defamed his c. lisle, and I
make no further observation on his evidence. Vicomte de
Prior lit was unable to speak to one of Roger's features,
and there was notbleg particularly reliable In his evidence
generally. Sir. Robert Manifte'd, a banister and rela-
tion of the lichbornes, was next called. He first saw Roger
In thee, and he gave • strange description of his personal
appearance. There was extreme doubt and nuceetainty
In Mr. Mantheld's mind for • considerable period, so
much so that he borrowed a robe and gown, and came
into c3urt ant heard the annuitant examined. After
that he formed his opinion against the defendant, but he
gave no fair or adequate ground for his belief. Another
witness, also a barrister, Mr. Ilainsham. gives only one
ground for sledding In the most despotic manner against the
defendant viz., that he was able to pronounce the letters
" th," and R :gee could nor. Ile is the only witness who
speaks to that circumstance, and which might have been
removed alter a sleuth of twenty year, in England, and
speaking nothing but the English language. Lady D neer
was next cslied, and in an.wer to my question, said she
would not soy she had been more than twenty time. In hie
company. lithe defendant is • Wapping bliteher, how Could
he ban known how many times haired been in Lefty Dormer's
company? Tint Is a question much easier asked than &c-
-owered. Iler ladyship's deseription of Reece& featurestel lies
aactly with the defendant's except that Roger had au "1303
role and open nostrilewhich eln. alone sp-aka to. She, how.
ever, Is mistaken shunt the hands, and she does not give an
&thereto description of his walk, but 1 beg you to remem-
ber that she describes thy vice en applicable to both, vie ,
" 'tether • rrinmbling, indistinct way of speaking." ben
have heard the defame ant speak, mei I oak you if his vein
and manner of speaking to not snotty to the describes it
The F 01,01411 . We have it to evidence that his nose
WU broken in Australia, and that would account for his
nice
Mr. Kenney The loss of his teeth and hi. drinking
habits may ben etteeed the distinctness of his speaking,
but the defend set's mild way of speaking and the mumbling
still remain.

Mr. Kennaly then continued his analysie of the
family eviience. In the course of the day the lock of
Roger e hair which had been produced by Lady Lad-
Chile was handed to the jury. The lock of hair from
Melipilla, a which so much was heard in the earlier
stages of the trial, was also submitted to the jury's
inspection.
-

busi-

Mr. Kotenly on Tuesday dealt with Mr. Gosford's evidence
&nerving that he should not ley much *bout that witness
noisomely until he came to the third part of Ms subject.
le asked the jury to bear In mind that Goeford spoke
tinier an extraordinary YAQUI, which he attributed to
knoviled.‘e that he would fur better with the pow
Al110(11 el the mist,. than sv.th the defundaut, even If he
..ere ehle to pay the costa of the soil. .0 in the C,urt of
rieas, end obtained, so he hoped he would, a Cur.
not of acquit ml In this prosecution. The testimony of °Mord
em vvei remarkable, as he had rewound honed! Into
the belief that the defendant wee not Boger, rather than
satisned himaclf upon the point by ocular demehttriedoh,
and really presented himself more In the capacity of an ad.
vocate than • witness. It wee unfortunate that he resorted to
equivocation, and put question' to the defendant which
were based upon no foundation of truth. There was •
singular slyness, • kind of feline cunning, in hit treatment
of the defendant, aid Co tot•ii private DAVI it what paw.,
OMWOMI Um. and PrnbilbiTCOMMAlMOated them to Doblowe

or CaMutton. Then Mrs. Goaford, although she knew
ROPY from 1848 to 1862, had no welhfounded or accurate
rsoollection of him, but she mentioned one peculiarity which
distinctly spotted to the defendant. Ms. said he was 1111•ZYB in
=lion, and during the last nine mouths the Jury could not
tan failed to observe that the defendant woo never Meat for
eagle MOMPOS. Pe was perpetually writing and acribbling,
.ripittlng out foothh IS swore or patterns, erecting some other
0 6%ov:safer! tillage, and never was seen in repose for any
hongth of tima Mrs. Wtoitgreava Was another witneas, Who,
while reining to recogniv the defendant, sp to to R ger's
expressive eyes nod other personal peculiarities, which en-
, tirely corresponded with the defendant. With regard to
Miss Weld, who, he odd, appeared in conventual costume, be
observed that the skilful managers of the prosecution had
done everything to impress tha mind and attract and capti-
vate the eye of everybody.
The Foreman: She was called in reply to • challenge of
yours.
Mr. liawkhos said that the name of Mho Weld happened
to be mentioned, and it being suggested that as she was in
a Convent, ahe' colild not be obtained as a witness, the Lord
Chief J.lll'lo/3 observed that," WO i paper from the Court
would bring • witness from anywhere in toe country. It wag
In nor:sequels-se of that she was called.
The L rd Chief Justice : My impremion La she was chiefly
con d about the tattoo marks.
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Ike. Hawkins :Miss Weld was mentioned u the penes who
was present when the tattoo marks were shown by Roger,
and after your lordship's remark, without knowing what she
would any, we thought it right to have her brought up Im-
mediately and put in the box.
Mr. Ketimly said he was not sorry to have thrown out
the challenge, as throughout he had been anxious that
every one who could thrown any light on the case should be
produced. In allusion to the defendant's twitch, he sad it
was extraordinary that the same twitch was seen In
Robert Ticlaborne and Lady Radcliffe, and asked lilt were
only an no :Went that the.defendant, If he were a vulgsr but-
cher from Wapping, had this and so many other peculiarities,
belonging to the 11W:elme family r Ile believed it wae only
to be amounted for and explained by the iset that the same
blood ran in his veins as in those of R rbert Tlchborne
and Lady Radcliffe. Having commented upon the testimony
of some other witnesses, he directed attention to the signiti.
cant absence of witnesses from the family estates, saying that
the CrOWII might have call d, II they had liked, every tenant,
and scores of other people from Tichborne and Alreeford n ho
knew Roger. It might perhaps he raked why he did not .
cell these people hut it was a very different thing for a tenant,
In the interest, of truth and justice, to come forward 6. IL Wit.
lieu against his lanalord, and to do coin his favour lie, how-
ever, called a great number of persons of the humbler Mass
from the neighbourhood, but they were not • whit the lone
respectable or less reliable than th, Si above them. They
could well understand a tenant saying "I know he la Tlch-
borne, but I don't like to displease the squire. You will be
sole to prove ytAtr CYO without me, and you will confer a
favour upon me by not calling me ; and no one would,
wider such circumstances, theist upon his right to put him In
the box. The learned con met having ridiculed the idea of •
lieutenant catching Mi 030.111 with his hands, as deposed to
by Lady Radcliffe, an amusing conversation everted upon
the subject, in the course of which it was elicited that Master
Cockburn and some of the jury had performed that pisca-
torial feat. Pulsing to the wltneues from the locality,
Etheridge, the blacksmith, treorge Page, the groom, Burdon,
formerly a servant of the family, Page nod Brand, he said
that no independent witneu among the humbler claueli
was called by the Crown. Having adverted to the al.
, leged malformation, which he contended had been dis-
tinctly proved, he said that alone showed conclusively
that the de cadent could not be Arthur Orton. The learned
counsel to Alnued—before going into my evidence I will
comment on the individual' sm that exists in the de f Alder t—
in this remarkable man we are now trying Lie lathe most re-
markable man that has existed for centuries sad hell cer-
tainly the sui.ject of the moat remarkable Vial that has taken
place in England sir co the judicial recor di of the country
began. You have already heard something about his voice.
Blondel discovered Richard the First in a prison In
Austria by his voice. There Is the much earlier record
that when Jacob was brought before leaac he said, The
voice Is Jacob's voice." I will take all enlarged photo
grsph of Roger, taken in Chill, and one of the defendant :
and if you ar—
Mr. Hawkins : I object. The photographs are not In
evidence.
Mr. Keneali : I have a right to use anything In Illustra-
tion.
Mr. Hawkins : I produced some very large ones of the
defendant and Roger, but I was prevented from using
them by Mr. Kenealy.
The Lord Chief Justice : Yea. I recollect I was very sorry
they were objected to. I thought they would have thrown
considerable light upon the case.
Mr. J turtle. Lush: Mr. Remaly objected because they
were not produced at the proper time.
"

Mr. Ker-lealy Yes.
Mr. Justice Loch And that is said against you now.
The learned counsel then enumerated the marks on the
defendants person, and proceeded at considerable length to
analyse the evtgence given both for the prosecution and the '
defence in reference to the marks on the defendant and on
Roger Tichborne In apt airing of the seton and issue marks,
he said no one could have told the defendant of the Solon
but Lady Tichborne,
The Lord Chief J entice : You must not forget that it was
known at Upton.
Mr K enmity : Yea, but to no other person who could love
communicated It to the defendant.
The Lord Chief Justice : Yes to two—to Moore anti
Bogle.
Mr. Kenealy : To Lady Tichborne nod Bogle certainly :
they were not likely to fall into a mistake and say it mg a
reton when it was an lime My theory is that • seton was
first tried, but failed, and then an Issue was had recourse to,
In reply to an observation from the learned Counsel that he
I was anxictue to bring his epeech to a close as speedily an
lie
could, consistent with his duty to his client,
The Lord Chief Justice said lam bound to say you are
not consuming time unneccuarily. Your obeervatleus are
very fair aod vary proper.
Mr. Kenealy: lam obliged to you, my lord. I have
no object In speaking against time. I am SO ensious
as pot shle to diminish the labour of the jury and my own
as much as I can. Three persons say that in general
appearance and features the defendant resembles Mr
Henry Tichborne one, that he Is like Sir B tward
Doughty three, that the lower part of his face ill hire
file James Tictiborne one, that the upper part of his
face is Nice hie mother and Lady Barrows, who once
danced .with Roger, described in most artistic Langton°
that his face was like a cross in an oval; end, gentlemen, if
you look attentively at the defendant you cannot fail to see
as clear as possible the crow, loan oval. Is is absolutely im-
possible that features and resemblances like these can de-
ce,ve. Pretended end acquired knowledge may deceive, but
waist passes before our own eyes cannot deceive; and when I
come to the third part of my speech, and conslder Lady Rad-
clitie's evidence, I will potot out to you the most remarkable
features that she presented bearing an uncoubted resem-
biauce to the defendant, no undoubted that It appeared to
me at the time that they were exact representations of each
other. Manton described Roger as having a half-timid
expression. There te sires) s something timid and
frightened about a wild beast when he is caught, NI no
doubt you have noticed lei the Zaelogicel Gardens ; and
that, I suppose, to what the witness meant by the
expreesion. It conveys, I suppose, the same idea as
a fish out of water. The voice is • thing not so
very easy to describe, and it he not an Johnnie sign of
identity. If you can see your way to anythb g tint will
satisfy your mind there is anything radically different in
Roger'. voice arid the defendant's I shall be very much sur-
prised indeed. Ills admitted that he had the French accent.
The prevailing tendeuey of all the evidence Li that
Roger Tichborne's wan a soft, mellow, pleasing
voice. Such is the defendant's though it has been sub-
BF quently altered by time and other matters I need
not mention, end I leave it to you to form your own
optnlon upon the matter. There is but very little difference
indeed upon the point between the evidence for the prose
cutiou and the defence. You must be so very pretty Ira '
agreed on the height that I will not trouble you with any
observations upon It. I now come to the manners and
habits of Roger Tichborne, to establish in your minds
the full and absolute conviction that the persons I
have called knew him thoroughly well, and do not
leave you in that vague and Indistinct doubt which
those for the prosecution do. No gentleman of position In
Hampshire or Dorsetstdre apart from the family has been
called to speak to his habits and pursuit., and the Inference
draw from le Is that he did riot associate with gentlemen of
his own clean—a proof of the correctness of Bogle. state-
ment that his habits were low.
The Lord Cliii Justice t Ile was never there for more then
a fortnight at a time alter 1842.
Mr. Kenealy That dote not weaken the force of my ergs.
, ment.
The Lord Chief Justice The officers of the regiment give
, him a different character, and he went into'tthe best society
In Ireland.
, Mr. Kenealy t tie was coetinuslly at Tichborne from a
.child, and yet no one appears to know him.
, liar Lord Chief Justice : Your client says Mr. Marks gave
. him a hunting coat, and that he 'dined Mr Scott.
The court again adjourned.

On Wednesday morning Mr. Kaakealy continued his analysis
of the evidence es to Roger Tichborne's manners and habits,
dwelling upon his twitch, his playing the French horn and
violin, smoking and taking snuff, and incidentally observing
that his pursuits were anything but intellectual. Like the
oefendant, he kept his hair well brushed and In good order,
and these and other habits the witness deposed to were such
as continued through life. Long before evidence was given of
Roger's regular and methodical habits. the jury must have
noticed that the defendant was remarkable for such habits,
must have noticed how he came down to court every morning
armed with his little bag and pocket dictionary, and how
regularly and methodically be placed them on the table In
front of him before he commenced his correspondence. Mr.
Henealy then returned to the tattoo marks, alleging as his
reason that some of the jury seemed still to entertain a doubt
on the sui ject. and said that the inventors of Chore marks
wore Bowker, Seymour, and Lord Bellew, and that if they bad
really existed on Roger the fact ought to have been made
known when the d fondant bared his arm In the Court of
Common Pleas, when he would have been overwhelmed with
coning in Th.ete was, he contended, every reason to suppose
I the marks were an afterthought on the part of those persons,
who had availed themselves of Roger's foolish and mischle,
oils habit of painting marks on his arm to exult, the wonder
or pity of persons to whom he exhibited them. lle did not
know how long It took them to coucot the story, but he as-
sociated them in his mind with the three witches over the
caldron in " Macbeth "brewing poison for the destruction
of their victim (Laughter.) The learned counsel proceeded
to argue that tattoo marks could not have bcen made on
Rog. is arm by means of powder without cursing a sore,
which must have been visible to some one at the time.
A jrinman It produces a slight pain, but no soro Gum
powoer Is sometimes used to heal
henealy : You surprise me. It is true that we live
and learn.
The Lord Chief Justice Roger said it did not hurt him.
A joryman : i am tattooed with gunpowder.
I Another Juryman :It only prodeces a 1101011M1 for a day or

Mr. Kenesly On Frady sailor the effect would doubtless
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e inee-than-itn.a tender gentle boy suffering from an bane. -
The Lord Chief Justice The issue Was healed when he was
nine years old. He had Attained fifteen when the tattoo
marks were made.
Mr. Beauty subsequently mentioned that he had called
thirty-live witnesses on this subject sprout a comparatively
small number called by the prosecution, any one of whom
he would not even compare with the French priests and the
French echoolinaster and all these Chia> hie swore
that Roger was never tattooed.
The Lord Chief Jardine: Tony say nothing of the kind.
They only say they did not see the marks.
Mr. Keenly t They must have seen It If Roger had been
tattooed, and II Bogle auditor other witnesses bad been made
to swear that they never sow any marks, it would have been
very easy to have gut them a little further, and have said
that they saw him nit' to the marks for the purpose of an-
noying hie Mende Od the quest! to of data, tha leaned
counsel sold that If he was tound ii dates be mast give up
his ousts, on which the Lord Chief 3intlce asked how It was
possible to test a mans statement as to cirotimstances unless
It was by dates It was clearly wrong In one important
point, how was he to be believed with regard to the rest of
We salience.
Mr. Henealy, in continuation, uld lam rather curious to
know how you will swallow all you will be asked to do. Had
It not been for Mr. Spofforthe letter, which took the other
side by surprise, you would not have heard of the tattoo
marks. t the resoling of Vie evidence on this part of
the case occupied the greater part of the des). I know
there is hardly any limit to human Ingenuity ; but how the
',Mew, for the defence on the tattoo marks will be met
by the prosecution I cannot conceive. I now Oome to the
*Thiene° of Captain Brown. (Defendant called Mr. Kenealy's
attention to Mr. Bowker laughing) Well, why should not
Mr. Bowker laugh If he likes I (Laughter). The i ary are all
laughing. lam not an Eastern Emperor to prevent any one
from laughing or making any gesture he likes. Every man
has a right to laugh In this c nintry.
A juror t Why you smiled when you mentioned Captain
Brown's name.

Mr. Kornai), I was not aware of espialn Fr ,wn Ii
no doubt, to somo people'. mind • very bad man, but I a.k
you to suspend your judgment rir toe present I only
mention him to reference to tbe tattoo marks,

The Foreman: He says he saw Lute in gin.
Mr. Kenealy : That bee been intimated bet we. When
I come to exemine tie evidence generally you will hear
what I have to say about It. If It Is worth auythine,
yea will accept it but If not, why you will reject it.
Captain Brown never saw nay tattoo marts, but only the
brown spot on the side. Raving cookel the seldom of
other witnesses on Ma point, the learned counsel mad
exy opponent of the defendant's C4/1 get rid of the
Isatlatoor lam tumble 10 pow Barbs, therefore, rata.