The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-04-20 00:00:00

THE TICHBORNE CLAIMANT.

At the Judges' Chambers on Saturday the case of !
the Tichborne claimant came on before Mr. Justice
Brett on an application for bail, in pursuance of a
summons granted by Mr. Justice Keating on the pre-
vious day.
Mr. Gorton appeared for the applicant, and Mr.
Gray, Q.O ~ the Solicitor to the Treasury, with Mr.
Pollard, appeared for the Crown.
Mr. Gorton read an affidavit be had made, setting
forth that be is solicitor for a prisoner in Newgate who
had been committed under the names of Thomas Castro,
otherwise called Arthur Orton, otherwise called Sir
Singer Charles Doughty Tichborne, Bart., upon two
charges of perjury and one of forgery. That he had
been in Newgate for five weeks on a warrant or com-
mitment of the Lord Chief Justice Bovill, these to he
detained until the then next general se-sions to be
holden for the jurisffiction of the Central Criniinal
Court, to the intent that he should then and there
answ-r concerning a charge of perjury, unless he
should in the meantime enter into recognizances,
himself in the sums of £5.000, with two sufficient sure-
ties in the sum £2.500 each, or four in the sum of £1,250
each, conditioned for his personal appearance at the
sessions. That the prisoner was. up to the oth of April
inst., unable to obtain sureties on his behalf for so
large a sum as £5,000. On the oth of April two in.
dictments for perjury and one for forgery were pre-
ferred against him at the Central Criminal Court and
a true bill was found on each, and he was now
in custody at Newgate on such charges, there to be de-
tained until discharged in due course of law. The three
indictments had been removed by the prosecution by
writ of certiorari totlae Court of Queen's Bench, and Me
Gorton believed that the prisoner could not be tried
earlier than the month of June, or probably, could not
be tried uutil the latter eud of the year. He was
advised that the three charges would involve, among
others, the questions whether the prisoner was Sir
Roger Tichborne or not, and whether he was a person
called Arthur Orton or not For the purpose of prov-
ing that he was Sir Roger Tichborne it would be
necessary for a very large number of persons to see and
converse with him in orderto test him as to his identity,
and that, in deponent's opinion could not be fairly done
while he was a prisoner in Newgate. The papers con-
nected with the case contained manythousandsof folios
and were of so heavy a character that he believed it
would be impossible for him to master them without
the daily and constant attendance of the defendant at
his office, and he did not believe he could obtain from
him all the necessary information for his defence while
he was confined in Newgate. He was prepared with
sureties who were ready to enter into recognizances
for a reasonable amount, for him to appear and take
his trial, and also to appear and receive sentence if
called upon. For the last month he had been almost
exclusively engaged upon the papers connected with the
case, and from what he had learnt from such papers,
and from persons he had seen who would be witnesses,
he belie ved that the prisoner had a good defence to all the
charges made against him. On the conclusion of the
affidavit Mr. Girton addressed his lordship in support
of the application. Already he defendant had been
love weeks in Newgate, and possibly be might not be
tried for eight or ten mouths, which in effect would
,mtence on him before his trial The case was a
complicated one, and the Attorney-General the other
night in the lieuse of Commons had admitted its
complication, and that was mother reason for allow-
ing the present application for htil.

Mr. Justice Brett observed that he could not listen
to anything the Attorney-General might have said in
the House of Commons.
Mr. Gorton admitted that his Lordship could not,
and he only mentioned the circumstance to show that
it was a very complicated case, and required the defen-
dant personally to attend at his office.
His Lordship asked Mr. Gorton what his proposition
was?
Mr. Gorton replied that the prisoner might be
liberated on bail RR a matter of right.
Mr. Justice Brett wished to know his authority as a
right in an indictment for forgery.
Mr. Gorton apprehended that it was a matter of
right as to perjury, and as to forgery no doubt it was
in the discretion of the learned audge. Even in
charges of murder persons had been allowed bail.
Mr. Justice Brett inquired on what grounds he
I relied.
Mr. Gorton said that he could not get up the defence
if the defendant way confined in Newgate, and pro-
bably the trial would go on till November.
Mr. Gray acknowledged that the trial might go on
till November.
Mr. Gorton considered that after this admission it
would be hard on the defendant that he should be kept
in Newgate until that time, added to which there were
the difficulties as to the want of access, such as was
necessary to prepare the defence.
Mr. Justice Brett asked Mr. Gray what he had to

say in answer.
Mr. Gray, Q.C. submitted that no legal grounds had
been stated for his Lordship to take the case into his
consideration.
Mr. Justice Brett remarked that there was no alle-
gation that access could not be obtained at Newgate
for the defence.
Mr. Pray said access could be obtained under the
regulations made, and as to the time mentioned it was
no legal ground for the application. It should be
borne in mind that the defendant was committed by -
Lord Chief Justice Bovill, and his Lordship had fixed
the amount of bail, 0,000 for the defendant and
£5,000 by sureties, and then only on the charge of per-
jury. There was now an additional charge of forgery,
and he would leave it to his Lordship to say whether
he would in the exercise of his discretion grant an ap-
plication for bail when a true bill was found one charge
of forgery.
His Lordship observed that an application could be
made to the Court of Queen's Bench on the subject.
Mr. Pollard remarked that the Court would be
opened on Monday.
Mr. Gray further said there was no affidavit suffi-
ciently to bring the case before his Lordship, but he,
no doubt, was aware of its serious character.
After some further discussion.
His lordshio expressed his opinion. He thought the
case might be fairly taken as befere him. It seemed
that a charge of forgery had been preferred, and, in Lis
view, it was not a case in which he ought to admit the
defendant to bail, unless a very strong ground had been
made. There was no allegation that sufficient access
could not be obtained at Newgate, and as to the trial
not taking place as stated, which might or might net
be the case, he must on the ground urged decline to
grant the application.
Mr. Gorton apprehended that he might go to the
Court.
His Lordship replied that he might adopt any course
he was advised.
The application was accordingly refused, and it was
intimated that the case would forthwith be brought
before the Court of Queen's Bench.