The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-06 00:00:00

&L

THE TICHBORNE TRIAL.

[Our limited space precludes us from giving more
than the following condensed account.l
ONE HUNDRED AND THIRTYYIRST DAY.
The judges took their seats at ten minutes peat
eleven o'clock on Monday. The court was crowded;
but outside there was not a score of loiterer; to give the
Claimant his wonted morning greeting. There was a
large muster of barristers, a rumour having arisen that
attention was to be drawn to the extraordinary Roane
which took place in court on Feiday night.

- -
Mr. Kenealy then commenced by referring to the Incident
that took place on Friday afternoon at the ruing of the Court,
and nad a notice that be had received from the prosecution
that they intended to sive evldsm, to-day to prove that
Lute's statement as to the date of his arrival to London was
untrue.

lie. Hawkins mid that, as reseeded the two witnesses who
csme iuto Com t on Friday to identity Lille, the Lord Chief
Justice had intimated that it the evidence only affected his
character it would not be within to. scope of the Sentlrnoey
he wan at liberty to offer. L'nder thews chrcumstairme he
made no application to their Lordship., but it was thought
neceraary to give tha notice referred to, with a view,
ti pomiole, to avoid say further delay. Having, however,
with his learned friends, carefully considered what should
1., done be had arrived at the concitnion that the evident,e iii
qusetion was not strictly whet they would ha entitled to
r in reply, and with the ohj.ct moreover of avoiding
another adjournment, he lid not propose to make say
application to their lordship,

ee
Mr genes My lords, I have now to move your lord-
ohtps loran attacbment for contempt, as It seems to me, of
the most scandalous and disgraceful char icier which has
been offered on this trial. It arises tit of the Indecent scene
which took place here on Friday last, In the presence of the
Jury, by the eollc for on bensof of the pr secution Your fort.
ships wid bear In mind (het Jell] Lute au under no untrue
Wm at all except the promise he mode to your lordships to ',-
mango this o wary. It is perfectly true that • witness, once
he has been ease lied, is bound te attend the court from
day t day ; but his minis at reiguer—en A ,erioan ekes', ;
audit he bad not be. n ante to give recegutunc. a for Ms it-
teolabce here from day t e day I hardly tblek the court would
sendebtro ti Song is becaus 3 t e was under t it els Odin).
Ile ctnto h re from day t day upon h's promise of at.end-
an-e upon the court. On Friti ay, when he was in attendance
ii Viet way, 'unposed flu t Most seantnflotue and 'lament'
scene abi hi em.t pet before your lerdsuips as undmbtedly
the worst contempt of (tenet that could have been made, I' the
purpose of prejodlc ug audit nuenc ug the mit d of the jury
and poisoning the current of justice which I say was ad-
visedly dots by the alvisers of the pros,cution In this cue
I will not allow ?dr Hawkins to ride off noaffecte I because
he says he did not know who these people were. He and h's
friends Ire counsel of experience, anti they must have known,
and I defy them In • metier oft Criminal nature ever to bring
It forward agates% • mat.—

The Lord Chl- J Cee I'm need no say yon defy them.

Mr. Knhea y I will r•syd the tfti !sett 01 (,11, Ir,
Ket,elly the:r real the affidavit, wit..i slate I that he kJ.. i •
Win ,o 1 by Mn, Pollard at the rising of the court Co stay
In our;, Mr. P, Pant at 'he name time calling ',ars! pent. a
to his assistance to roe that he did not I.ave the court. The
affidavit went on to rtere that Lute had been watyted by
d.tectivire, and that he had been obliged to ceptam to the
detec:lve ei artment tb ut 11.1 Now, my I ird, I .Sy that
that was caLulated before all tther thug. to prejudice and
poison Ihe minds of the jury, and cmarquently it cruet
within that doctrine your lordship has laid down, that any
speech.. or newapap, articles which attempt to prejudice
tt• pliblll mind Or, any way are contempt, of court, aid
the author, are lithie to be lined and imprisoned by your
loriships I no' it hardly renal your lordshirs' attention to
the exciting scene that followed the CoUrild of these mo
needing.. Ail the Jury were Blanding up with arnaion,tot
and aotonishment, expecting that Bomething would be ri.he
with this man You lordahips were recalled ; you were
hurried back Into court.

'the Lord Chief Justice : We heard there wm a question of
identity, and se came back. Tee short course to take will
he for fir Pollard to mute an •M Melt In reply stating hie
veralon of the fact. to whi.h our attention is to be called.
Mr. Heuealy : I hope your lordships will not allow Mr.
Pollard to Insert as)thlng as to Lule wh'ch may prtjudice
thlOur.. e toed Chh-f Justice: You ask as to Molt Mr. P nerd
with the consequences of • contempt of court, and do jon
mean to say that he Is not to mes.tlon the clrcumstances
affecting Luis which induced him to act am he did?
fir Kensaly Yes. - .

The Lori Lblnf Justice: Theo, I say, that would be 'moat
monstrous U,ltutios.
Mr. Kenealy :Ouch a statsment would be another contempt
of court. _ _

The Lord Chl,f Justioe Well, all we direct at present Is
that Mr. P,,lllard shall answer the affidavit of Lobs but to
say that he Is to occlude from his affidavit what he may
think necessary for his defence would be a farm Injustice.
Mr. Kenesly : I was goitre to tell sour lordships that this
scene took plane In open court In :he pmeetce of the whole
of the jury.
The Lord Chief Justice: We know that.

-1-I;l;kilUTWton it ;a; sell that this was don. .d.
rthedly for the purpose of prejudicing the cue of the Del, n-
dant, I must assure your lordehips Mat neither myself nor
my learned friends had any Idea before those two persons
entered the court for the purpose of seeing Lute, that they
were coming. Neither had I a full knowledge of the con.
tents of the letter, u I had only just begun to read It when
I handed It to your lordship. If I had wished to prelu lice
the CMS I might bare said much more, bat 1,11,1 not know
what the witnesses were going to say, and had not the alighted
idea of who they were.

-
The Lord Chief Jostle. I have no hesitation In saying
that if Mr Pollard did what be did with • view, I will not
is, of " polaoning " the mind of the jury, as that teen in-
nattd expression. but of Influencing the mind of the jury,
he would have been guilty of • very gross and serious con-
tempt of court but to order to Judge how far he Is guilty
It Is easentlal he should he at liberty to explain. I
understood the allegation had reference to the presence
of Lute In this country, at • time when he meld he
had not then been in this country; and in that case
It would have been most material. If it should so
turn out, and that, In his desire that the witnesses should
see Lute to Identify him, in the excitement of the moment
he acted with less prudence and calmness than was desirable
and touched Lute on the shoulder and field what he did—ii
that be all true, he would be guilty, as I have uld, of gross
te-outempt of court, but that In order that we may judge of
that, we must know the circumstances which In luced lam
Ito to art, and to direct him to exclude that from his ittndavit
would be • signal Instance of injustice.

Mr Hawkins : I ahr phi a•lr that we may pit In an affidavit
from Mr. Pollard sooner than to-morrow morning.
- -

The Lori Cala Justice: Ye.; after the adjournment for
Ittooheon.

.....
Mr. Kenealy : I sincerely hope you will not partial. me to
be Interrupted in the middle of my speech If there are
stated any facts derogatory to the lion up and character of
Loin. I runs: ask your lord/hips to adjourn that I may reply
te.them.

K'holley (who .at in the seat* appropriated to hurtle-
ten but without him robe)—My Lori, am the pins

The Lord Chief Ju,t'ce : Mr. Whalley, what aro you Coln:: 7
Are you &detraining the court as a barr4ter, without benng
robA in gown and wie

Mr. WIWI. y Ido notaddresi your lordship as a barrister
but your lordship add that whoever dictated the affidavit of
Lobe, statirg that the evidetce he had given was true, was
guilty of contempt of court. My lord, lam the man—
ila Lord Chief Justice Tnen, as one of the pablic, you
know you have no right to addreas us ; and I desire that you
will .it down and be silent.

•
Mr. Whalley : My
The Lord Lord Chief Juatlce (with emehasfr) —Sit down, sir, and
be dlent ! (Mr. Whale; then rammed Mutest.)
The roe. then took a molt nue:ported turn, Mr. fla, king
elating that after abut bad fallen (pent the bench he In.
tended to call not old; lit, two "Minnow wbo came on Friday,
but some other petsonk

Mr. Hawkins then called PETER PETERS, chief clerk of
Mean Ili•ff man, Sotterick ant co., sbio and lesivance
brokers, of Vine.ttreet, Mlnories, London, who said that on
the 29th of March last the firm received a telegram, to their
care, for Captain Soy, noon, and In the afternoon of the same
day a parson called for it Be saw him several limos after.
wards The man Lute, whom he saw In court, was the same
Machina]. When he ant came he said ha was Captain
Sorensen, and he Intimated that he was master of a word
railed the o,rds, which was then lying at Hare, In Corn all.
The wituom then stated that Sorenson entered Into negocia•
Our s with the arm with the obi •ct of obtaining • freight for
the sip, and ul ilm ately cl for a loan of £2O, which was
not greeted, as, on trontry, nu Girds was found at Hayle.
He was positive Late was the same man.

Mr. X nealy odd he could not crotr-ersznine the Vito...,
ash. had no materials tor that purpose.

JOHN STETTAFORD, another clerk In the same ftrm, gave
corroborative evideuce. He saw Sorenson sere"! time. In
March and April last. Once he wu requested to! .:low him,
and he traced him to a coffe, house in Leman-street, White-
chapel. When he was toll that they would prosecute him
for trying to extort money under false pretences, he offered
to pay the expenses they had been put to ti reg•rd to the
ship. He said he mut as positive Lute was &treason as he
We. of ble own existence.

Pratt VAX °CRAM sworn and exainfned by Mr Salami
Parry : I am clerk to Mr. D. Brown, 146, Leadanhall.street.
In March and April I was clerk to Hoffman, Schenck, and
Co. I Isom LIU* there many times, spooking to Mr. Peter..
I don't know how many—mom/slimes fir. at six times • day.
He la here now. It is Jean Luie whom I knew a• Sorenson.
I mew • photograph at hito Jut Saturday weok (photograph
handed to whores). That Is not the one. I recognised the
photograph to Dna shop.. Sorenson. I loAted In lb. window
a quarter of an hoar, because I was not sure of him. I re-
centred him on Friday In oourt.
Mr. Hedraly Vow. lordship will not, I understand, post-
pone the cwourezantlaatiOn of this witness.

The Lord Chief Jai** : You hay* .11th. matertids before 1
you for eroenexaminanon. I quite understood that oounsel
may be taken by sangria* so entirely by the nature of eel.
donee given that they ought to have an opportunity of re.
°paring the matter ; and it they can ghost a good reason for
Na the cesse-examination, it win be 'mete&
Hui.hint t Whatever your lordship Oaks le right
vrtil one ~
HAYMOW : 1 mu a Joiner and w
nths 5i,... In If sob sad
,
tri.C.aptain I "wsoinn. 'hi
gm,'" throe or f0ur..111"4 hiTre
person here calling himself Jean Lida la the same Orme
that I knew as Captain Sorenson lam certain he Is the
same man.

iVO COBrrr, • partner in the house., said that on Batoro
day. the Walt of March inet, he saw a verso, Calling himself
Captain ilioreneon, at thetr office in Vine-Sreet. Saw hint
now in court. Lob was the man. Ho wee quite Initialled
about it. He represented himself as the muter of the Girds,
lying at Bay* lormerly called the Anisron. Witness
apohigiend touthsoft,th litereson for having aliened the tele
pram. It purpoited to be from Qoeetistown, and said that
Were yeas not.* aefiloleml draught of water in that play. for
the ship. Captain eorenson said he should be off that freight
for hie ship, and he (wit leer) then offered to get him another
freight. He came again on the Monday fpliowing. He wanted
lila. for the freight, but they c,uld only get him 225. On
Tuesday he applied to witness for an advance of ditto
purchaae a second hand chronometer Witham said "yes,'
and began to write out. receipt, built occurring to him that
IS was a singular request, he went upstairs to think the
matter over, leaving the receipt on the data unfinished. He
tent for the captain upstairs, and said he could not give the
advancer h' was Only one of three partners. He mid it
did rot mutter, WI he could get It from a Mr. Dahl, a
indpbroker, and then he requested him to call again. In the
me dutitue he (witness) te legraphe d to Hale. and on receiving
• rep'y, he taxed Captain Sorrnson with saying that the
vent' was there When she sets not, lie persisted in saying
that the vessel was at Haile, and waneso showed him the
telegram, which was from Lloyd • agent, and said he exposed
himself .to be given •fn cnarge for attempted fraud.
He replied that he had done nothing wrong, as be had got DO
money from them. Wienms said he had put them to some
expense f r OieftSlDP, and he offered to pay that. Ile sug-
gested that be eh° al introduce them to Mr. Dahl, and he
o mrente. It. (tiding.) sod clerk went whh him for that
! purpose, hut whoa they got to Crotched Mats he stld he
' was not obliaed to go to that aeutleman. Witness
threatened to give him in charge, and he said he would
get the money from Ida lodgings for the expense
they had been put to, about 200. Witness W-
aisted on accompanying him to Lis lodgings, which were
at a small c, flee been in the Minorles. He walked t the
ar, and seemed to DSC for a newspaper. He ( witness)
asa.d the woman If she knew him, and the said he had
Cent there a night or two and paid 11. for his bed. She
added that he was not .toying there at that time. Cantab.)
Sorenson wanted to take them further cent, but he thouuht
it was better to take his egrd for sending the mom y. and
they parted. Ntver received the money and never saw
him again moth to-day.
--• • •

Mr Heronly hoped the court wonid grant sli 1,0 jOtlMMent,
'tying he proposed to rirsli Lute and then to mate inquiries
as to she evidence Just given.
- -

- -
Jess Ltlis we. then recalled : in reply to Mr. Honesty, he
amid it was not tram list he called at the office of Meters.
114 Nal.. Schenck, and Co , and he did not know where It
was. No telegram was overhanded to him by Peter Peters. lie
never Ind &telegram in his life to England, and the only let-
ters he received came from the Culled States. He gave
• positive dental to the other statements of the preceding
witnesses, and said that in March, April, and May lad he
wee on Lake Michigan on board the Ironsides, commanded
by Cutato Hurls. 11. 1111 the United Stains In the middle
of May, coming over In • .hip called the Circaseian. bound
from New York to Liverpool. He errived at tue lett :r port
&hod the beginning of Jane, and came NS once by rail to
ikeet me. He then went by boat I Odand,..and afterwards
to Act dim and Braude. He did not know the coffee-house,
and never saw Mr. Cobett.

STITIAFROD and SCTIAIK were recalled, and tn swim to
tbe Lord Chief Justice .id they recognised the same voteo
end peoullsetty ot resbnorand accent to Lute as In ttorenson.
The keeper ot the oothe shop ls 111 In bed, and cannot be
tem.

LOll recoiled by Mr. Hawkins: I came from New York to
Liverpool In June, I don't know the inle of the packet, or
whether It woe a Cunard or lemon line. I came to &Wont
Is. my own tome. I went from Liverpool to Folkestone by
rail. I don't know If I cam. to London to the way. I
had to clonge carriages. I took a through ticket direct
from Liverpool to Folkestone I paid 28s for the ticket. I
Iris Liverpool about four o'olook in toe evening, and ar-
rived at Folkestone about nine or ten in the morning. I
don't know the name of the Folkeetone boat that took me
o Ostend. It wu the regol.r -boat that plies from
Folkestone to Ostend. I think she carried the malls.
I don't know the name of the captain or any one on
board the etecasricn. A great many on board the otdp
knew me, but I von't remember their name,. The people
at the railway otatlon at Liverpool advloed mobo gob, way
of Ostend as the most direct route. L sold. on ycy.previons

cross-examination that I was never In RogLarri before Am.
last. I was In Ireland during the famine. Dahl In New
York was a steemboat runner. I note& know the name of
Mut I know Mr. Belgenk I have mren him twos? three
times at Foote-corner. I have been to the Reform Club to
as. Mr. Whalley. I did not see Reagent there.

.•
By. Mr. Henvaly : I eeeee had any oosvarsation with
BAlgent about the evidence I was about to give.
- -• ••

The Lord Chief Juatice: We feel that we are Ina difficulty
with this witness. I am extremely mations not to Jo any•
thing that can prejudice him in the minds if the jury. The
evidence witch he 1,1 given Is of a very imp ,riant char.
actor, and if believed, though by no UMW. conclusive
of the case, it will be one of the element, to which
the 1017 militate* t,elr mo9t attertive constierstion. lam
envious nit t let-tfere •ith Vie let ilectual sztreise of
t•wir tree •ci Indeyrtatri.t Judgment uirou It tin t e cther
baud, the evidence lam been mot by ooi t wintery els
onion of a rumt imposta. t rh• actor, which eu t all,
he taken int sectour t iv the jury. If in their opinion
t e latter is sci, at LI d4S 'I t tie ti. •itoess t t be-
.. . .•

a „ . „ •
.1 lat the'r I ant's ILIA If they ,11 ul,l come t toe oil In
that hr for comm tt:d perjury, it Is pal »y of the
tut.s. extol))) character ant deforvil g nf sorPo a punish-
meet. t contradtc:ory eviden e ty allow wit-
ness to he ))1 large without being under recoodsanceo,
thst If thc jury should be of opinion that be has per
jured himrelf he should have an opportunity of escaping,
11 what we cannot allow. 1 feel that we n,ust use
that power upon the witness that will prevent him from
lea•lng the c ,untry if he should be se minded to do. I
hope, therefore, the jury gill distinctly um.lerstand that
what is about to be done Is to prtveht Lute's escape
In the meautirue Tho court does not take this c, use
bacoase they enteraln try opinion on wl i)h a d ) Is the truth
it rrely to L sure that justice shall be dent The court,
II or. I TO, 111,1*t cell on the ',Hewes to tutor Into his ten
to o gulsanc.a lo 1310), and two ItOtllt n SISO e ch, to b.)
loran.nti log at the proper time If »,), sssly.

-
A long conversation too place between Mr. kenealy and
the nouch Pr an sat ',moment of the Court to enable tie
form • r to prosecute I. quince Ceptaln aorenev, and
proonce him, if pont, to, and to call further wituemea but
the Court declined to grant It. Th.y, however, Intimated
that, If neceasety, they would allow the learned c4.un,el
to cull evidence to show that It Is a case 0! mlataken
Identity.
Mr. Kenmly laid he could not pledge himstlf to Call
any witnesses.

Mr. Hawkins then handed in Mr. PMlucre affidavit rela-
tive to what occurred on Friday afternoon. when the court
ec.iurned. with reference to Jean Lute, which called forth
lute severe strictures from Mr Kensaly. whu observed that
the explanation offlred by Mr. P illard w u no vindication of
hie c.odtnt. The mann. r and mode ad pted by Mr. Polard
r the witnesses who had been c.lled to-day to identity
Lute wu calculated to injure the man and the canoe of the
defending.

The Lord Chief Judie* said there wee no pretence Ir
eating that Mr Pnlbud had ummitted any conteo pt of
Court. Mr. Pollard found timeelf placed in a poeitt n of
&triunity and acted on the spur t.f the moment If there
had been more time for &liberation, he no doubt would
have acted otherwise. lie regretted this application had
been made.

Mr. Justice Lush said he had too high a reepect for the
tntellect of the inry tq suppom that they would be Influenced
In any manner by what had happened.
JZAN LUIZ was bound over In .C3OO, and Mr. Whalley, In
a like sum, to attend on nesday morning to perfect Lute's
hall, that of .010 for himself and two sureties of £l5O each,
Mr. Whalley Intimating his readiness to be one of the
ball.
The wltnese wee then allowed to go at large.