The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-04-25 00:00:00

THE TICHBORNE CASE.

Immediately after the body cisme Mr. Thomas and
Mr. Oswell Livingstone, both born in Africa, where
their mother lies buried. They resemble closely their
father. Next in order walked Dr. Moffatt, the The Lord Chief Justice and Justices Blackburn,
patriarch of South African missions the deceased'e Lush, and Quoin, heard an application in the Court of
father-kilaw, whose thin benignant lace is bronzed Queen's Bench on Saturday in the matter of the con-
and his flowing beard whitened by fifty-four years al net ion of the Tichbothe Claimant for perjury. Dr.
African labour. Then came a long train of distin- Kenealy moved for a rule for anew trial, or for a venire
guished friends and associates of the departed, among dunovo, or an arrest of judgment. Among the various
whom we noticed the German. Ambassador, the Duke I,Eis which he sasumedin his argument some were
of Sutb it, the Earl of Pliaftesbury, Lord Laws t 'cal, and others of a rsonal nature. He argued
rence, le Fre Sir H. Rawlinsou, the Duke I a., t the jurisdiction the late Chief Justice igovill
of M r, the lof Duel Wiscount Sidney. I injtorig trial -,t haring extended to' the
Ii
'
ord C oe, Lord *nciaird, e Bishop of
the Mayozra Lig
of Middl e s Ho where trial was held"Miagainstco the
ln. ishop of , legality ury trying anffence m-
' • am the Provost of umber ton, the Provoilt nutted in t e City of London ; against the adjourn
-
and Town Clerk of Ayr, Lady Frere, Lady Rawlinso4s meats in the it timinal trial as having been ultra tires;
Lady Strangford, Hon. Mrs. Forester, Mrs. Webb, Ser and against the sena-lice for not having been post
Rutherford Alcock, Sir Fowell: Buxton, Sir Charles poned until the first day of term. 'lt was alleged that
Nicholson, Mr. John Bright, M.P., Sir Charles the Court had given evidence not being upon oath;
Russell, ALP., Dr. Lyon Playfair, M.P.,_ Mr. that the judge had exercised undue influence on the
M'Lagan, M.P., Mr. Mundella, M.P., Sir Harry jury; and that the verdict was against the weight of
Verney, Major-General Sir F. Goldsmid, the Right evidence. Dr. Kenealy's argument extended to con.
lion. Russell Gurney, M.P., the Hon. G. C. Brodrick, siderable length, after which the Judges conferred
the H:. A. TglLinnaird,lll.P., Mr. Baillie•Otichrane, together for a fewlnoments, and then
M.P. 11, Eelpaan, XP..M.r. Edward Bathos,. Count Mr. Justice Blackburff (mid : Although I believe we
--,Gorlo , Chevalier Cadorna (Italian Minister, Viscount none of us think that there is anything in any of the
Duprat (Portuguese Consul-General), Aff„ "(Moran grounds assigned for a new trial, yet on some points,
(United States' Charge d'Affaires),Sir Thomas Dakin, which may be of importance hereafter, we desire to
Sir J. Bennett, General Scott, Admiral and Mrs. take time to express our reason for our deciaion • but
Codrington, Admiral R. Collinson, Admiral Sir W. so to this last ground—supposed undue influenceOf the
Hall, Admiral Sherard Osborn, Admiral Ornmanney, Lord Chief Justice—we have no difficulty in saying at
Admiral Ricketts, Colonel Ouseley, Major Ewan once that there is no ground whatever for a new trial.
Smith, Major C. NV. Wilson, f'cytain Evans. R.N. Mr. Kenealy has complained that remarks were made
(hydrographer to the Admiralty, Captain Coyne,
Captain A. Gardner, Captain F. '. Paull, KN., Fro- by the Lord Chief Justice of great severity, and such
as to indicate an opinion that much of his conduct was
fessor Busk and deputation from the Anthropological improper and calculated to influence the jury urn-
Institute, Professor Leone Levi, Professor Rams? properly. But if the counsel had so acted then
(Director-General of Geologica.l Survey), Dr. Altschu , it was the duty of the Judge to censure such
Dr. C. Beke, Dr. Bryce, Dr. Dicksmc, Dr. Grant, Dr. conduct and to counteract the evil effects it
Forbes Watson, Canon Selwyn, Rev'. A. C. Abl, was calculated to produce. It is true that
Rev. H. Allon, D. D., Rev. J. Oswald Dyke, Rev. a . when the Judge makes such remarks upon the
Badger, Rev. Baldwin Brown, Rev. R. Wheler Bush, conduct of counsel for the defendant it necessarily pro.
Rev. S. Wean, Rey. Charles New, Rev. Thomas duces an effect unfavourable to the client. but that is
Newton, Rev. T. Smith, Rev. Dr. Unsvin, Captain not an undue or improper effect. The jury have heard
Tondine and officers of the Alalwa, Students of thee- the evidence, and they have heard the observations of
hunt College, Messrs. W. W. Baynes, James Bryce, counsel, and if these observations have been unfair and
Hyde Clarice. Cooke, ILA., A. G. Findlay, P. le Neve improper, they cannot help connecting his conduct
Foster, B. C. Frere, F. Calton, C. Grey, D. J. with his client, and the effect, of course, must be un-
Kennelley, J. Leighton, George Low, Samson Low, favourable to him. The client must suffer the conse-
C. E. bindle, H.. 1. Ker Porter, Winwood -Refute, C. quences of employing an improper or injudicious
Routledge, Warrington, Smyth, W. Spottiswoode, E. counsel. But that cannot be helped, and we cannot
Stanford, William Holms, and Sir P. COatli (represent- upon such grounds grant a new trial. No doubt the
hag Paisley), remarks of the Lord Chief Justice must have produced
In the Abbey also mustered deputations from the a damaging effect upon the case of the defendant, but
- --tienal Board of T.r.--,-- •., . . . . .

Congregation“ Board of London,'the Church Mis-
sionary Society, the Congregational Missionary Society,
the London Missionary Society, the Wesleyan Mis
siouary Society, the General Baptist Missionary
Society, the British and Foreign Anti-Slavery Society,
the East Afrioan Anti-Slavery Society, the London
Presbytery of the Presbyterian Church, the Royal
Botanical Society, the Social Science Assimilation, the
African Section of the Society of Arts, the National
Temperance League, and the Reception Committee of
Southampton—that front-gate of England, which by
its demonstration on Wednesday represented the nation
so well. The Lord Mayor and the City Remembrancer,
with a deputation oof 20 members from the Corporation
of London, were also present.
The coffin having been placed under the Lantern,
and the mourners all seated, the Burial Service pro-
ceeded. It is difficult to imagine anything more im-
pressive or more beautiful than the rendenng of the
sublime strains of Croft and Purcell amid the arches of
the Choir and Transept. The lesson, from Ist Corin-
thians, 15th chapter, was read by the Rev. Canon
Conway. The whole congregation next joined in sing-
ing Doddridge's hymn, "Oh Gosh if Bethel, by whose
hand," Sm., to Tallis's Ordinal. Then the coffin was
taken from the Choir into the Nave the pro-
cession following as before. The two daughters of
Livingstone, under the escort of Mrs. Webb, quit ted their
pews with the other lady relatives, carrying with them
floral wreaths, the organ means hile pouring forth alter-
nately its richest and its softest melodies. The mourners
being grouped round the grave and the coffin having
been lowered, Dean Stanley, from the reading desk,
delivered the words committing the body to its last
resting place—" earth to earth, ashes to ashes "—in the
familiar language of the Prayer-book, the Nassick lad
Wainwright, standing beside Dr. Moffatt by the grave
of his master, with the printed page in his hand, in-
tently following the words as they were slowly uttered
by the Dean. The whole group at this time formed a
picture which those who witnessed it will not easily
forget Soon the organ and choir give forth Handel so
sublime anthem, "His body is buried in pew, but his
name liveth for evermore ;" the benediction is solemnly
pronounced by the Dean, and the mourners take
their farewell look at the open grave, the ladies one
by one gently dropping their wreaths on the coffin
lid till it is fairly hidden beneath the mass of
flowers. As the procession gradually dispersed, the
organ in unison with the muffled drum pealed forth
the spirit-stirring Dead March in Saul, which con-
tinued until many thousands of people had an oppor-
tunity of filing past the newly-tenanted tomb.

it was not at all an Undue or improper effect, nor: is it
any ground for a new triaL
Mr. Justice Quain : I am of the same opinion, and
with reference to the last ground taken, I have not
read the reports with any care, and I take my view of
it exclusively from what Mr. Kenealy has brought be-
fore the Court. He complained of observations made
upon himself as strong and exaggerated, and as likely
to produce an undue influence upon the jury. Three
Judges who heard the case report tons that his conduct
was such as, in their judgment, deserved these re-
marks ; and the jury appended to their verdict obser-
vations to the same effect. The Judges and the jury
who tried the case were the best judges of his conduct;
or it depended not only on words, but upon demeanour.
And, unhappily, they concurred in thinking that he
had outstepped the boundaries of fair and proper
advocacy. He is of a different opinion, but the
Judges who tried the case adhere to theirs. It is im-
possible, therefore, that we can grant is new trial on
any such grounds.
Mr. Justice Lush : I entirely concur. think the
language of the Lord Chief Justice was not at all
stronger than the occasion required. I made myself
repeated appeals to Mr. Kenealy in the course of the
trial, but in vain; and I felt, as we all felt, that some
censure fr.,m the Bench was due to the cause of justice,
in order that the jury might not be improperly in-
fluenced by what had fallen from him, and also that
conduct such as he had pursued for such a long period
—throughout the trial—might not pass without due
censure. I cannot say that I regret any of the obser-
vations I made, nor any of those which fell from the
Lord Chief Justice in his summing up, and I adhere
to them all. And as to the observations made by the
Lord Chief Justice upon the evidence, I do not think
that they were at all too strong or that they afford any
ground for a new trial.
The Lord Chief Justice: I do not wish to add any-
thing except the expression of a sincere and profound
regret that I should have had to say anything which
could appear to be harsh or ungenerous towards
counsel. I will add no more than this—that I
earnestly hope this is the last occasion on which there
shall be any difference or dispute between myself and
any member of the Bar.

At the sitting of the Court of Queen's Bench, on
Monday, after luncheon, the Lord Chief Justice said
there appears from the reports in some of the news-
papers to be a misconception of what was decided on
Saturday in the case of the "Queen s. Castro". The
notion seems to have gone abroad that we took time to
consider whether we should grant a rule or not. That
is a misconception. The Court had no hesitation what-
ever in refusing the rule. All the Court desired was,
as it was late in the day, and the case was one of suffi-
cient importance, to put their reasons for refusing it in
a more precise and deliberate form. They had no hesi-
tation in refusing the ride on all the grounds.

The musical arrangements were conducted by the
Rev. Flood Jones, the precentor, Mr. Turk presiding
at the organ. The ceremonial in the Abbey latit
about an hour and a half. The efforts of the police in
keeping the route open, especially in the neighbour-
hood of the Abbey, where the multitude was densest,
appeared to be most successful. The funeral was con-
ducted by Messrs. Ranting.
The Archbishop of Canterbury was unavoidably pre-
vented from attending the funeral, but his Grace went
to hear the funeral sermon preached by the Dean in
the Abbey on Sunday evening.

The Time,' of Tuesday says It was stated that a wreath
of azaleas and other choice flowers had been sent by command
of Her Majesty to deck the bier of Dr. Livingstone. With
reference to this statement Mr. H. W. Bates writes to us that
the wreaths was not sent by Her Majesty. The mistake
appears to have originated with sonic of the clerks at the
office of the Royal Geographical Society, probably from the
circumstance that the Queen's florist sent the wreath. The
offering, in fact, came from Dr. Altschul."

In addition to the above. The Times of Wednesday also said:
" The wreath which was sent by the Queen with the label
attached—. a tribute of respect and admiration from Queen
Victoria '—arrived only after the cofhn was placed in the
Abbey, and had, therefore, no connexion with that sent by
Dr. Altschul to the Royal Geographical Society. It was laid
on the coffin shortly before the grave was closed."

The Daily Telegraph, in their description of the solemn
ceremony, thus notices the presence of the African boys:—

. . . And then there falls the "dust to dust ;" and
looking at the solemn dusky faces of the two Africans,
Wainwright and little Beduin, Mr. Stanley's boy, who
are standing among the nearest, the mind reverts to
that widely different scene a year ago, when Living-
stone, after much pain, which is not spared to the beat
and kindliest, gave up his gallant, loving, pious spirit
to his Master and Maker, and when yonder neg-ro lad
read over him the very service which has now again
been so grandly celebrated for him
With pomp and rolling music, like a King.
The African--a simple-looking, quiet, honest lad—
attracts many eyes as he stands by the grave ; he
knows alone of all presint the aspect of that other
burial spot, and to him more than all this one must be
impressive. But he takes his wonder, like his
duty, stolidly—his thoughts appear lost in his
master's memory. Alas! that master did not dream
in the supreme closing hour of loneliness and
agony that his body would find such honour and
peaceful repose at home. Of that and of all other re.
ward, however, he never thought while he wrought
patiently and constantly his appointed work for the
sake of Africa—tramping, discovering, noting, hunting
out the slave-hunters, and leaving himself and the
results of his self-sacrifice to Heaven. And Heaven,
which has given him this sweet rest in English earth,
will assuredly bring forth fruits of his labour—of that
we may remain well convinced; meanwhile, the work
of England for Africa must henceforward begin in
earnest where Livingstone left it off.

All through Monday crowds of people were visiting
the grave of Dr. Livingstone in Westminster Abbey,
many placing flowers on the flag which covers the
remains of the great traveller. In addition to those
who, precluded from visiting the abbey on Saturday,
went there on Monday specially to visit the grave of
Dr Livingstone, there was, in the morning at ten, a
large congregation in the abbey attending the choral
service appointed by the Dean for the week, the chant
being the 121st (Boyce in A), and the anthem the
146th, "Rejoice in the Lord!' When the service was
over the worshippers crowded around the grave, and
each person, as the crowd moved out, stopped a
moment to look at the spot which will be ever in-
teresting. In the same way at the afternoon choral
service, when the chant was the 124th (Arnold in A),
and the anthem the 210th, (C. Whitfield), "In Jewry
is God known," the congregation—larger by far than
at the morning service—took a glance at the resting
place of Livingstone.