The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-02 00:00:00

THE TICHBORNE TRIAL.

[Our spice prOcludell UN from givieg more thin the
following oondensed account of the proceedings :]—

On Monday morning Westminster Hall was thronged
by cur.ons persons anxious to catch a glimpse of the
person of "the Claimant." The interior of the court
was also crowded.

The Judges took their mita at five minute' past
eleven o'clock.

Mr. Xenealy : I hare been mutated by my client $o call
the attention of your lordahipe to & passage in a newspepir
called the Cosmopolitan. My own inclination Is to peas sush
things unnoticed. The paragraph runs thus "Mr. Guildford
Onsio or, Mr., has the cheek to oak unto publish= appeal $O
the nation on behalf of a scoundrel who has confessed him-
self guilty of forgery, theft, and seduction."

Mr. Justice Lush le that the whole of the article ?
Mr. Kenealy : Thet le all.

The Lord Chief Jnatioe It Ls very wrong.

Mr. Hawkins My attention has been direct.' to the
appeal and to the request of the person who !sake that It may
be published. There Is an appeal published in a weekly
paper, and I have given dlrectlocui that the matter shall be
brought before your lordships.
- - -

The Lord Ctdet Justice : This is very wrong Indeed. I
regret exceedingly that such language should be coed; but
the observations there made are Irreepecive of the issue in
the present case. lit, consistent with the possibility of the
defendant being what he represents himself to be—Roger
Tichborne. It does not touch the question of the pending
trial, hut at the same time I agree that such language is
calculated to prejudice him al a WAD, and ought not to be
used.

Mr. Justice Mellor I think an action for libel is the
proper remedy. It M not a fair observation to make. but it
Ii open to the ordinary remedy, that of an action for IlbeL It
does not appear to me to interfere with the trial of the ques-
tion before us. - .

The Lord Chief Juatfoe: The opinion of Mr. Gallaord
Onslow appears to be a dirackattack upon Into Mat.
•

kir. Kenealy proceeded with his adiresie and laid some
strew upan an answer of the defendant in cross-examination
ea to the word " misanthrope "—" I think I made an allusion
to It once In regard to some book" This, said Mr. Kenealy,
was• most remarkable sumer, and one which none but Roger
Tichborne c aid have made. end which certainly would never
have occurred to Arthur Orion.

The Lord Chief Juetice observed thst he waa not aware
that Roger ever Minded to "Um Misanthrope" is connexion
with any boon

(He wrote Whim friend Gosford that he thought he should
bee 'me a misanthorpe, but be mentioned no book.)

. .
Mr. Korealy said he must admit that Roger had never
mentioned Moller, or any other author, but he had men.
tinned the Mlsanthorpe, and no one could doubt that be
had read Moller°. Al all events, h• urged, Orton never
could have mace such an observation. hit. Konenly went
on to say he feared he must still pursue the unpleasant
theme to which ite had applied himself on Friday—the do-
mc
tration that Roger lichborne, wren before he left Eng-
land, had given himself up to vicious habits. lie then read
a passage in sine of Roger's letters to his aunt declaring that
be had at, n up drinking, and giv ng his word ot how ur that
be would not drink again. l hat pledge, however, he had nia
kept, and he bad given way to drinking again.
The Lord Chief Justice Whtre does that appear In the
evidence?

Mr. IStnealy Oh, my Lord, It wl I come hp-and-by In
our evidence lie wet t 011 to say that so truly as 1E47
Rcger Lad b trayed this tendency to drink, and he quoted
a letter of one of hie uncles to the elf,: "that he weako
fere in the use of wino " and he biro quoted a pa-
rage from the evidence of Mr Henry Denby Seymour that
Roger "drank a little," and that, though he was never
see', the worse for it, he perhaps "drank snore than was
good for lim " Lie alto quoted Mr. Maneffeld's evidence to
the effect that he bat not observed anything am to Roger's
drihk.ng, and he admitted thit it tat not then affected
his brain ; but he contended that It afterwsral had an over-
whelming effect upon hie brain' in a long course of disalpae
non, and that It then affected his memory, and led to Iffe
involving himself In innumerable contradictions and appse
rout uutrnths. The man Lad tried to the utmost to cowl-
lect tie szenes of hi. peat life, boa MIA repeatnily plunged
In doing so into the greases% absurdities. Still, he shculd
show by-and-by that he had stated things which no Im-
postor could posehly have hewn "oeam,nsu' U,. lle went
on to read Stutter of Lady Doughty to Roger, is which ate
approved his good dispositions, and his intention to abandon
"tile bad heLlis of years.' 11, the floe of these lettere,
Mr Kennedy sal.t, is was Idle to ',retch,' that Roger wee
that pure and moral character ribl2ll bad been represented.
•i You must give up,' wrote Lsoy Douehty, not only
drinkum, but every other bad habit u rosy have fallen
.ad you oust not suPhoee Diret

lit); and yult niusi not suppaae that because, as you say,
you have read every bad book, therefore it can do you no
harm It,, a device of the Devil, fir no one CPO read the
wen,. of vice wiihout being contaminated. Such lan,uage
as this, said Mr. Kenealy, gave a more painful, but a far
trn-r, Idea of Roger'. character than that witch the proae-
cotlon
had presented. Mr. Kenealy went on to quote letters
Iron Lady Doughty to Roger In lab 2, referring to his affection
for his cousin and to the resolution of her parents not to
a,low of any engagement at present.

The Lori Cb:.rf Janice drew attention to Roger's letter
In answer, protesting that he bad abandoned all bad
habits ; bat

Mc. Kermaly answered that Lady Doughty evidently did
not believe his prote.tatlons , and he pr, °eroded to make
reflections on Roger'. character, and suggested that he was
eddieted to other vices than drinking, and had Improper
relations alto women—" Roes Hill," for instance—alluding
to an entry In his pocket hook : on which

The Lord Chief Justice observed that " Rose 11W' turned
out not to be the name of a woman at aD, bat a piss* at
Manchester ilaashterl sal

-
Mr. Hawkles sold it we. the addreee of Mr. Store Smith's
mother, who had Used there for twenty pars.
(Mr Store Smith was a gentleman (ported se a wltnew)
a nephew of C iptalu Menden—whose acquaintance Royer
had made In Ireland, end who had in interview with the de
-
feuded In the presence of his attorney, Mr. Bp, tfroth,
when neither of them recogol.ed the other. and the dc.
reudent declared they had never met before. It appears
that Mr. Score Smith hal elven Roger the Address of his
m tier at floodwater. and Roger load written it down to hie
pocketbook.)
- - • • • -

Mr. Kemal, then said that he would give op "Roes
Rill" He tin n went on to urge that the letters of Lady
Doughty reproaching Roger with persistence in lad h•blfe
referred to something bridee drb klog, bet the Lord Chief
Judie& and Mr. Justice Lush ho h thought that the letters
were only to be understood as referring to drinking.
Mr. Ilenealy went on to reed other lettere of Roger
and Lis aunt, and In reading one of Lady Doughty's
dated, July 1,1852, he remarked that it did not advert to the
psper dated June 22,1852, which Roger was said to have given
to his cousin the last time he saw her. He obeerved that It
was remarkable if Lady Doughty did not know of It, and he
laid, he said, some strees upon it. He celled the engagement
between the aortas " clanderine," as it did not appear to
have been communicated to the parents. Mr. Hearty went
on to repeat his in11.01•Ot that Roger had become depraved,
and resolved en that account to Seclude himself from his
family and elands. He represented Roger r seeking than
to atone to them for the deprsvity of which he had been
guilty. He showed Isle love foe his family, in fact, by
abandoning them, and they repaid him by repudiating him.
Moreover, his f mile might have been alienated by his Aus-
tralian snarrisge. The 'Marriage wounded their pride, and
was au C 6000 they could not forgive. Mr. Honestly well on
to declare that Roger's cousin never cared at all for him, and
process led to urge that she had allowed herself to be seduced
by him. Before coming, however, to what he called the
seduction, he adverted 10th. case of Lady Tele., in which,
he said, French witneues had been called, and had given
false evidence.

The L rd Chief Jaetice here Interposed, and said they had
nothing to do with the ease of Ludy Twlss. The argument
appeared to be that, an French witnesses gave false evidence
In that csee, therefore Freueh witnesses were not to be be-
lieved In any.

Mr. Reneely : I hope It Is not so loose as that.
The Lord Chief Justice ; Well, really It b.
Mr. Reotaly What I say Is that It Liao with a certain class
of French witnesses.

The Lord Chief Justice: Them you must assume, without
MI; evidence to warrant you In the uaumptlou, that the
French witnesses called In Oda case are a had Mau of wit-
nesses, and shutter to thou, in the case you refer to.
Mr. K.realy :I hopq to persuade the Jury that some of the
French withessea In this cue were of that Chltl.

The Lcrd Chief Justice: That you may attempt to do. but
you must do so by comnisnting on their evidence, not by
bevel; g in the Cues of Lady Tehs, with which we have
nothing to do.

Mr. Justice Mellor: Ant of which we have no knowledge.
in order to render that cage applicable at all we sin uld re-
quire to know all the cir.nnietances of it and the character
of each of the witi.easea, wl,reat we really know nothing at
all about It.

Hr. Reneely went on to °beerye that no one knew what
money had been spent on the part of the prom cation
in peteiop &Dooms of • certain clan, and, on the other
hand, some witneeses szpooted to be cyted for the prosecu-
tion bad not been called, esemeMally Marie. Orton
klackenzle, the Avenuellan agent, and Whicher, the inspec-
tor coil he proceeded to refl,cl on the ce ulna of
tie pri.secutioo, especially as to the employment of
detective. In tne case. Upon thus sueject he quoted
some belvellone of the into Sir Cremwell Creuweil
who &berths,: ctlves as "most dangerous egoista" In
gettins UV It cam whoa %bey became "hired discoveters of
guilt," or when they did that which properly belonged to
the attorney. The Inspector In this case, ilr. Hensel, ob-
served, had obtained many of the 'Mimeses, and had fro-
qoent communicationn with them, On the part of the de-
bit:lee no such Infirmness had been exerted, and none of the
"'Ups's,' had been an obtained or iso tampered with
When the defendont, by Means of the Tlchborne De-
fence bunde, had comparatively large tutus of money at his
disposal, be had spent none of it in this way, but had
einint it In plipon match., and seoentriettles of that bind.
Tipp illustrated the carelessness of the man's character,
alpett wag one proof of his innocence. Even now, at this
c,thie of his fair, with the title to great estates on one
side of itlm, and Mlit.,ok Penitentiary on the ether, he
was probably thinking a his Pert pigeon match. Thts,
he repeated, was one of the proofs of the man's
innocence. Ile hail no means of obtaining wltneaso, from
AlWasita, on the proincators had, who wottid have expended
wore the trial wag ova • quarter of • million of public
money. Perhspe he snub', If he had the mesas, bring wit-
nesses from Anstralia, bat It was, of conies, impossible to
do ffo. Perhaps it might be said, in reply, on Sffill part of
the prosemlion, that the defense, hid not proved this or
disproved that, but it woe oat of his power to bring witnesses
from other oonntries, and Moult to do so in this There
was, however, the letter of Mr. Gibbs. to Lady 'rich-
borne, .Low as he ha. •unk In the social scale, no one
ever doubted his honesty." He had been the victim
of streumetances, bet had made • noble reparntlon. He had
soared from the vortex of dlssimition to • higher moral at-
mosphere, and though for a time he bad been led away by
folly, yet when Peter a Me of savage happiness se a begetter
it we. battled of Um that he had never lost the boomer.
He had voluntarily gerrendered his pima to his brother

Mr. Hamli eali We view liad not mewed to him, and