The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-10-11 00:00:00

tinz iftrESTEIDGE

Mk AMIS., Manor Are yen quits aerteln you Were HIM
—Yea He left early in DR for Calcutta.
Were you shown any pholograptui of the defendant?—
No.
Wen you liked Whether you remembered the weir VeeNo ;
I gm It
And the anaper market—Tee.
And the large hand, and lest I—Yes.
And the height f—Yee.
And you recoMMed all thews things 7—lree.
When wee your recotleotion in the matter Irst taint?—
Only last Friday.
you say that Orton gave you a blow 7—Yen. I know'd
him well enough.
Had you spoken to Cimino /—Yee, and drunk with him.
The Lord Chief Judos : Before then t—Yes, late In OA
At Melborrite I—Yea.
lb. WI a friend of your. 7—The mine as any man one
worked with, or as any Zuglithmen ono mot out there.
Well, when you maw your old Mena again, did you think
him altered P—Yes, much stouter.
I bproved about the hair 1--No, much the same as It was.
Nove about the same too 1-0
You to Deoember, 18561—N0, N v,mi,or
Tits Lord Cale Justice You certainly last said Decem-
ber 7 -No, ti ovember.
The Jury said he ontainly had said DOO,MNIF.
Will you swear you left November I—Yes ; I Said late In
October or early hi November.
The Judges and Jury said this was not so.
Mr. Jultthe Mellor —You certainly said December.
Mr. Juatioe Lush—You never mentioned October.
New you soy tate In October /—No, I said early In
October. . _

The Judges and jary said he had raid late hi October.
it,. Hawkins declined to cross-examine the Witness
further.

la re.examination It wee elicited that be is a perish con-
stable. lie had, he Bald, no eoeumente to It. the date. He
had, he said, mentioned three months and eculd not 51
which. It Wee at the beginning of November Orton struck
Glut— the 4th or ISO of November He saw the deftnriant
that morning about hall an bons before ha Came into court,
but had no c. trrereat ion with him _

Tim L ,n 1 Chid Juttler Baas you anything to ilk the time
of your solrg to Melbouroe /—No. 1 wee right mouths there
and left at the baruning of 1 51. I was In the gold escort
the lest month to 1858. 1 tel the blow while 1 was In the
Wort, about a mouth before 1 left the smart. Both men
were dealing to cattle, buy lug and selling-1 think on their
own amount.

OnD•On Joan, • carpenter and bunter, from Bristol, said
he was In Andrade In 1664 In that year, In 1866, and In
part of 1818 was in 111,1bourne. Knew Mr. Foster, thought
his name wee William Fate?. Wes in his employ tor
aboat a month as carpet.ter. He lived at B and
It was th.re witness was employed by him at the latter
end of 1858, about the month of November. Breams
acquainted there a ith • rnahl who passed under the earns
ol Castro. The defendant was the same person. Also
became acqutlnted with Arthur Orion. who was on the
lame station at the same limo. Had talked to him. lid,
was employed by Foster In stock riding, and so wu Castro.
They were both so employed at Bolsdele. hind seen Orton
also slaughtering cattle. Found them both at Bois tale when
he went, and when he left they were still there. Orton war
a man of large limbs and large features, and had an awkward
gait in kridithik ; thick ill" talks bands, and large feet.
de had light hair. There was not the taint resemblance
between him and Castro. Thought Orton was the tallest.
Had talked to Orton on more than one or two occulmis.
Stayed In Glppedsad from 1858 to the latter end of 1668 car-
pentering At Boladale was enpued in repairing the house
and out Suildinge. In 1858 wae preparing to bare Gipps-
land. Castro (the defendant) was rolling bumps in Kale,
and bought • horse of him. Mier keying B&W west to
Reedy Civet, near Broadford and Inner* U.S Orton
there Is the bentnaleg of 1860. He was then In the lee
vice of Mullein; • butcher. Knew lam there for about
mouth..
three The defendant was Castro, not Arthur
Orion.

_
Imes-examined by Mr. Hawkins I did not remaltho the
defendant directly I saw him. I saw him at Bristol in the
summer of 1878 at &public oreethre- Sew Mtn land on the
platform
i, of the railway station sir hours berme the meeting.
was an excitement on the occasion. I had read • great
deal about him in the paper.. No doubt I had read about it
being alleged he was Arthur Orion. I may have mad at
the last trial that the defendant pored as Castro at Waage
Wa,gga. I generally knew all the papers said on the subject,
Dudek the last trial I communicated with Serjeaut
Italian-
tine, but received no answer. At the public meeting I hoard
the defendant, Mr. Onslow, and others who were strangers,
speak. After tbe meeting I had an interview with the de-
fondant. Recognised him before on the platform by his
voice and general appearance. He was the salve as Castro,
only • little stouter. Tile voice is the same. Arthur Orton
had light Mir. I don't remember Castro's Muds beyond
that they were not eo large ae Orton'a I Dever saw Castro
or Orton at Newborn Park. I landed at Melbourne at the
latter end of September, or the beginning of October, 1h64,
I worked at my trade there. I have no documents by which
I can fix dates. I went to Boisdale 111 search of • Job. I
think it was In September that Mr. Meter engaged me. I
mw both • day or two after I got to /Misdate. I saw them to-
gether in Poster's service, but I can't Say where on the station.
It was impossible to mistake one for the other. Orton
heel • clorcay walk, and threw him feet about he was &little
round shouldered, but I don't know U be walked with his
head forward. After leavlrg Bolsdale I worked at Stratford,
where I law Orton and Castro at an hotel drinking and play.
log at billiards. This must have been in 1867, shout flee
months after I had left Botsdale. I saw them there several
times. I last saw Cum at the latter end of 1868 Cl Sale. Ile
was then selling horsere, and I bought one from him. He was
then, I believe, alone. I can't say if I saw either of them in
the latter end of 1858. I saw Orton In the early
part of 1818 at Reedy Creek Castro never. Orton was
then in the service of a butober. I saw him there
almost daily for three months. I never saw him afterwards.
I went then to another part of the colony. I returned In
1,70. 1 introduced myself to the defendant at Bristol, I
think. I inked him it he hal been In Australia and at
Reedy Creek. He said "No, I was at Reed's creek. I was
never at Reedy Creek." listed him where he waste Victoria
He said at Boiadsle—Mr. roefer's station lu Olppeslend. I
satd 'Do you know me?" Ile tolled at me aol replied
No." H. meld, Do you know me?" I said "Vie: do
you recollrct the carpenter that worked at Mr Forster'. at
B astiale He lithe( in what year. I "Th. latter end
ot 1858" lie said, "II you are the carpenter who was there
Leo. I sold you ah. r,e st Snit " I said It wee not a home
Da said, ftio, is M. a grey mare." I hat was the fact.
U teem, the }Pistol meeting laud to-day I never law any elle
to make a ommul.lc etion to.

Fly the Lord Cola Jutlce :I am certain It wee le I that
•ae at 11,tedele, and that 111 nut awe Mr,. YGreter dun tz g
the month I le. there The meu inl.tht have teken toil
mewl. In what was tailed a Iticchen. The bonding was di.
-.lilt the balm. II wan not In the dwelling-
home

By Mr /notice Mellor • Cada° was an awkward num on
Ma feet like Orion. He turned one knee In.

The Lord Chief Justice Did Orton do the same thing?

Witness : Hs was what may be called knock kneed. Castro
was bow-kaw-d. One of Castro's knees turned In and his
foot out. Castro spoke broken Km,llsb. He had something
of a foreign ore French accent. It was grate perm:gable lu
185 e. It struck me from Ms talking that ho was not a real
Zuglishman.

By if r. Justice Luith Mr F•ater paid me 10. a day sad my
living. I atvec had .y &ludo from Ida store.

knot:Mg CoLLIV(11111:46 :I am &master mariner. I knew
old G ores Orton of Waypng. I was on b otrd • French ship
In the Lund, n D .cks at the end of 182 A c mverestion was
going en about • wit%ch. I saw Artnur Orton four or five
times after on the sun) .ct I hrlleun the watch was recovered
Arthur bald he wee. not In company of the rf01,0111.11 who
had his watch st-len from him wtnn he was drank.
The defer dant, to the but ef cup buliuf Is certainly uut
Arthur Orton.

Croueumined by M. Serleant Parry : I can't say If there
Is any Idiom's In him to the Orton& I lee no resemblance
In the features. Eke was • likened' btteeeu Arthur and
Edward, but Arthur was the younger of ihe two. He was
very bony, and looked If be istai'd get stout Ile was nit
likely to be called " fat Orton." I noticed that he had it.
Vitus's dance, and I told him tnat be wouid grow out of It,
as I bad done.

ALltilmata Box: I am in the Carabineers, now stationed
at Hounslow. I pined in June, 1849, at Portobello. Mr.
Tichborne Joined after me. I often allied with him, both
mounted and dismounted. I was at Cahlr. He and Mr
Pinluiey often fished up the mesemen'e ducts by putting a
belt on a book, and when they 'wallowed It pulling them up
to the bedroom window. I belle.. the defendant to be Roger
Tichborns. I saw the defendant title morning for the first
time. Ills answers to my questions were quits carat I
recognised him this morning by his features and his walk.

Cross-examined by Mr. Barjnaut Parry : I saw an old
sergeantmaj w of the regiment this morning, and also Marks.
I was talking to him for a quarter of an hoar. I had not seen
him since he left the regiment I did not say. word to Marks
about the &fondant or about Captain and Mrs flay or the
poodle dog. We only spoke of the men who had left the regi-
ment, bat not Mr. Tichborne. I received • letter on Sunday
morning from Mr. Harcourt to come to town this morning.
I made no communicaMon to him before nor had I ever
stated to anyone what! knew of him. Men In the regiment
have asked ins about him, but I never gave them any Infor-
mation_ The moment I saw him I recognised hint, and the
conversation convinced In. more so. If his cheeks were nrt
he would he more like him (laughter). Some of the men who
have given evidence have since been down and seen their
Mend-, at El ammenmith. The defendant might have heard
of me from them.

HHARLiii BrTLIS. : I am a gannet In the Royal Hone
Artillery at Aldershot I wad formerly in the Carabineers.
I waa in the aame drill with Mr. Itchborne. He spoke with
a foreign accent, bet I could always andentand him. He
had a curious walk. I maw the defendant for the dret time
this morning. I recognised him by his walk, by the twitch-
ing of hie eyebrows, and also by his voice. I recognised
him immediately that I saw him.

Mr. Hawkins : I have no questions to ask you.
WILLIAM BPAP.LB : lam a police Man near 8L Albans. 1
left the Carabineen In 1852. I was discharged being unfit
for twiner service. I knew Mr. Boger Debi:ionic I wan
Lieutenant Pinkney's serv•nt. Witness described Mr. Tien.
bornes personal appearance. The defendant Is the same
person who was known by that name. I first BIM him
last Friday. I saw him walk and recognised IL I spoke an
him at lunch time ; sPoke to him for five minutia. I had •
good
.. look at him. I recognised then the upper part of his
. ma morning 1 heard him speak, and I recognised the
voles.
Mr. Hawkins You can go.
The Court then adjourned.

JoSSPII woonyarrr, a cattle dealer at Worcester and
formerly • butcher, was the first witness called on Ines:lay
morning. His brother had been In Australia for twenty
years and was there atilt He was settled at • place called
Flemington three mile• front Malheur... He (witness)
went to Australia in 1866, being then thirty-four yeart old,
and landed at Melbourne in Ai ril of that year. Stayed for
a short time with his brother. Then became acquainted
with a Mr. Pearce of Etsington, and kept • brspch drop for
him at Kellar Plain, about ten miles from Melbsanie.
ho-
malted there for nine month.. There were stockyards at
Flemington, and his baldness took him there almost daily. A
man named Murray kept a slaughter-yard at Flemington.
Met Arthur Orton at the stockyard. He had amob of cattle In
charge lie was • tall, awkward-built man, about Mt. Hiln.
In height, and had light brown hair. He had • thin face and
IMO &leek bones, and not much hair on hit face. He had
large feet and hands Only met him once at the dockyard.
Opp-'site his th,,p at Kell, Plain there was a tavern called
the El Dorado. After be left the stockyard he sae Orton
and t ,ther men at the I niatituti 41 Inn kept y 11,irray
Woe 10 t nett company most part of tile etrolug. fins Orton
again ar the latter end of 1.68 at C srulgan—he th stoat in
Nay: p. or. (t'he nitree produced the envoi ...ye of • letter
he had relthAvad from W.nc—ver while at ..emlngton,
which, be ort tna••l d t ris the date.) there were
6lllrtise. at Co' '11•11, icii, ees) vest t them. He
lOW lis 2. Id at e store to; • s .lure, at, ir,svistne.
Saw Orb g•ling about 1r s place to soother Saw him
two or there 40)11 at altilt • tong 'ion,, Mort Intortitnelt
Cal 41 him 0.100 act mgt.!, with Wm On teami
time way at tat,. usosaha. 1-'0 habit of
Orton wa to rsm • e to another oirinko.4 'the
fell,, 'hue roc ties—puce,'. who had
froth'', •, • o soliletinej pimple when they
Lie ) it .0 snow %bather Orton s on.
gag., Is • same e • • He nee I 0000110 let minim He
wee I Carton. no. os Altar he let he)..; s)
miter. e'• her . hone, a.: It not Oct..
AWN, o th• •h. .h• .hte• 1 Ha tethehro the
Loma TI to f .• s 1 222..1ye
,001.1112 a. I, `I I ii o oettlier the bores
nor 0 -.
• the Mb, la: he
knew , tez . H.- t a
nit - •• t ..1 PIX Di, 1, .a 2 e tt;e
tidal.- I TO a; SAW hue' a”, 111. t. 0.• .0
creak .tt) Merit:, a mitt. k.• . .y ag. :u crud At
Wore r , sald ie was n.s s ..v Ort Was told
00101 lAA to 1. alrat eltodeeher ui A 11•140011111
tin or 141 eMs. N nor saw spy fly String ) I. tradia.
ern; examinld ter Fiawkirr Orton hoe rather a
rough Taos. 111. .t n..hsoflS than Sse., or three
w.,rds with tbe testerday. I add, "I iii k you
nave teen In cud he repl..d. ' Yet" .nat IS aU
I seeellest ; :n.ther get,s le MAL came in, and I.' not at
a moment The defsedent did hat nth no. •h I had been
isa Anatralla He did not say ha how Arthur Oiton. The
defendant's hair is much darker than Orton's. Ido pot
Itritoe a champ In It dace I eaw him yesterday. (The de
leadant laughed at this question.) Orton had • long, thin
tam. There was not mach fifth upon him. You San get
or thin in. week or two in Atalsalla. (laushSee.) Orton
I was note,.. tat saw OM thhe.

To the lord Chia Infos : 1i,.. • minks od one to
say I landed in Mnboerne in Aye% 1856 I lett Zeeland
then, and landed In Melbourne la Inns iolkaring.
Cron exeminstion eanthined :My brother ins On In my
compeny win I was with Orton. Peters knew Preen.
We were ell be the " Consillation" In. I heard Ms
name mentioned by Penne, and two oe three other
men who were present. They milled him Arthur, and
sometimes Orton. This wee the Int time ten, him. =Os
or ten men, elegy slaughterrnen, were In the Inn at the
time. I raw no more of Orton until N member or December,
1858, when I was M Cerulean. He was cutting beef-steaks at
Murs's tor the diens. Only saw him on two or three days.
I did not know who the rough characters he was with were.
Boisdale in about OBS hundred miles from fluffiest).

Mt Hawkins said Mw. mare thaw WO mils..

if,. Justice Lush: And thin entirely afferent &Wooden.
Aim Mucks, fro. Notting-MA said a st in MI she was
Is the 'stria of Lady Doughty at Tar -Sruet, and remained
newly two years. Mu reenmtuninted her afterward, to
Lady Blessington, at Clore 11010, Kensington. Thon got
married. In 1848 again entered the ameba of Ltsly
Doughty by her ladyship's own wish at Tlohborne and re-
mained again two years Knew young Mr. Tice-
borne perfectly will. In 1848 was going to the fair at
Alrestord, and met • lady and 10/ItitMall on horseback
galloping Wong. Sir Rue' Thalami caught her
(witness) In the taos with a cat of his whip. She did not
know he was behind her. and the thong &track her face
The lady WU WU Doughty. A young man wee gang to pull
Roger off hie hone for doing it, and seeing It was the young
Frenchman. she said, Tott mutt not do that he knows no
hotter; he is half-silly half his time."
- - - • • -

•
To the Lord Chief Junco : It wu decidedly aa accident,
or I should have mud him for it. _

- ---
Szominaticu continued: Had seen the same lady and
gentleman riding together outside the park, in the Steen
lanes. I have abo seen them walking there. Knew a brook
outside the park, It might be ditch. Saw Roger putting
sticks down to enable Miss Doughty to walk across. It might
be in the mmmer of 114 d. Called it boy's play. Knew the
stile near the Mill at Cheriton Had sat on It herself on
a 'amen, eveeing. It we. a lovouilt• place for the vil:
lagers to_ sit upon. On two or iron s eccmions saw Roger
sitting odthe stile. Miss Doughty woo with him. Nobody was
with them R :ger used to come into the kitchen Aber shoot-
ing or fishing. They did not Ilke him to do an. Ile was very
untidy, not like English he mlemee. lie could go and waili
his band& and had seen him took up his sleeves otter as his
elbow. Once helped him to tuck up his sleeves, bearings she
thought he hod • tore linger, sod that on* of hie nails was
coming oil. Maw no merit at ell on his arms. Saw Roger
again about twice at Tiohborne after be woe In the army.
She then went from Keruibigton on • chit. Roger had heavy
swerthy, or cloudy eye brows, not like those of a gentleman.
(Laughter) In talking he would wink, soil making game of
you. The defendant wag Sir Roger Tichborun Recognised
him last noonday for the hist tiug to court. Knew him se
soon as he turned his lace round spoke to her by his
father's likeness. He had also got some of his mogner's
frigates.

To the Lord Chief Justice: Never saw the mother but
twlue, Juni then she was only pointed out to her walking.
Raving been asked another question by Mr. %shoal',
she said, " i'm • Christiamliving woman, mom here for
nothiug--come here of my own &cooed, with an honourable
principle and not for filthy lucre." One further mid that
eight or nine months after the defendant returned to Zea-
land Lady DJughty as t for her to Kensington-squarit and
had a convenation with her.
Mr. Kemal': I suppose I cannot go beyond that?
The Lord Chief Justice.: lady D.Juglly was not craw
examined upon this subject
Mr. Keimaly : Certainly not

Cross-examined by Mr. Serjaant Parry: I can't say what
wag the age of Miss Doughty In 1848. Ido not recollect
whether she wore child's frocks, but I know ehe wee • tall
girl for her age. I believe show.. about eighteen.

Mr. Justice Lnah said Mies Doughty mu fourteen In 1803.
The learned counsel then resumed his ord.
JOSIAH SToRRS, examined by Mr Henealy : F came from
Bromsgrove, to Vi'orcesterehlre. 1 joined the Cambineers
In October. 1827, and left In 1851. I wee then sergeant I
very well remember Mr. Tichbornej 'Ming the regiment. I
was a sergeant at that time. I drilled him In sword eserelse.
I remember Clarke being killed. One day at equadron drill,
Csptaln Fraser ordered me to put my horse In the stables,
and tide Mr. Tichborne's horse, and I did no I was told by
Westin, Mr. lichborne's servant, that the horse hail not
been ridden since it killed Clarke. The horse baited with
me. Alter the drill, Mr. Tie:Aborts came to my room, and
asked me whether 1 was hurt. He also naked me whether
I had not had • rough peerage in the field. I sail he wean
great brute. He then sfdd thst he would shoot him, but
Colonel Hey would not allow it in consetuence of it belog
the ent charger. I remember Mr. Tichborne from the time
he joined iii 1819 tW 1850 or 1851, when he went out
on detachment. I did not see him again from that
time till this morning. I left the regiment in October,
1851. Ile was a eqnsreahooldered young gentleman
nln the regiment. Him hair wee dark brown. His eye-
brows were heavy, with • full eye. His voice mu not strong;
bet a rough weakish voice, with • foreign accent. When I
drilled hire I had of course frequent opportunities of seeing
him. I never saw any delorrenty about his ear. It was a
full.dzed ear. I don't think the lobe grew into the ear. 11e
walked a lii Is to-kneed—turned one hat out and turned his
knee in. I talked to htm thin morning in the wart for about
two or three seconds. I recogelee him. Ile is the same
gentleman that I knew in the Carabineere to the best of my
knowledge.
Mr. Hawkins declined to cram-examine him.

The next witness was CAPTAIN SANKEY, RN. who lives
In Tipperary (be was easnoneo ri the hat trial, In
November, 18,7 ) Ile remembered the Carabineers being
at C onmel and Cahn., and there was a nephew of his 11, the
regiment, Captain Morton (who Is now dead). Mr. Tinto.
borne was In Captain Morton's troop, and la I been
lii his house, near Clonmel, and he also met him at
the It,. Mr. Morton's, and at the club at Clonmel. it,
had known Mr Tlchborne In Cshir, sod be knew him toe
whole time he was at Clonmet. Ile saw Roger Tichborne
n. win court (notating to the defends, t). lie first saw the
defendant to kit) be was then in Loodoo, and went to
the oftl,w, of Baxter, from whom he bad variously had a
letter, and he was taken to the hotel to see the defendant
I was nest taken Into a room where Mr. Spofforth was, who
ecU the claimant does nt know you are to two, and I
don't think that he knows you have Neu written kr." Incas
I Wee tek n into anothr r roo a. where the c almaut was, at
I looked at hilt, ant it struck ne at urn, he was the itch-
borne I knew to the (lata`rlorers. I ask, at trim, .1)r you
know who I am ?" and he Med,: Y. t are c..ptato ICe I,ct."
. .

I said, 0 h.,. I'm not." ' 0n,,,.,' be said, • you are
Captain •laukey, but you are altered." Tress I put questions
I.bins, lirst snout • hors* of Captain Morton's 'ankh he
said be rt !aerial ered well. I nuked hi n if I e remembered
Captain Morton'. charger, and hosed he did, sod he then de-
scribed it to me accurately as to e dour sod shape, as • boa
low.back-d hoe.. Ti.“l I eeked htm It be remerabered the
Rev Mr. Morton, and he mid "Very well, • great bigot." He
need to qtrx Mr. Tichborne as to Lis being • Homan Cstholic.
Than I asked him If he remembered my unoes, and he said
he did and described them iso 03C. I asked him if remembered
a certain shop in chow:net, and he mid ..a great place for
gorialp," which It struck me he spoke ottO a Itreuch accent
that Is, the word • gossip" I recollect he drew • sketch of
the horse, and It showed the peculiar form of the bores
hollow-backed. As I was leaving the rota be said, "Captain
Sankey, I hope your sisters are well" that struck ma
his recollectla.o I had sisters; who, I knew, were aNuaiined
with Um. We talked agether more than an hour of
many people at Cahlr, whose nutlet is mentioned. I
recognised the general eipt 1119 n of his conntenance,
• melancholy expression when not speaking, such an
I bad observed in young Tichborue. I Woo recognised
Ms large eyebrow., and the colour ol the eyes, as
far ml can remember, Is the same. His feet also I recdar-
ulse and his war of waking—turning Hs feet out. Ile had
a habit of throwing his shoulders back, which I do lot
observe In the dole, dant. The voice of the .efendatit a a
wma great deal routier, and sounded as though he had •
cold. I dined with the defendant twice before the trial,
and have seen hien at other times. I called upon him with
my daugtter, who said she thought him a gentl.man. He
lea perfect gentleman at hie table. He talked • gad deal
about old times, but did not pot any questions, as I was
quite galleried. In WI, when the trial was g Moil on, I saw
him again, and showed him • likeness of Captain Morton,
which he knew at once. "It'. poor Sam." he said. I had
shown It to Carter or M'Cmm or Whalley or Onolow.
Mr Hawkins, In croas-examlnation : You did not know
Mr. Onslow or Mr. Whalley then I suppose ?--.No, I dined
saint Mr. Whalley at Wrexham last Saturday. I did not
know him before.

At the last trial you sere your account about the horse to
the Bev. Mr. Morton t—Yes.
You never uld anything u to the circumstances I—No, 1
Wes not eat&

NOUIOth. shop the pleas of gossip /—No, it was not
mired, but I mentioned it to Mr. Spodorth.
Uses you refreshed your memory by reading your evi-
dence ?—Yes , st Wrexham, last Sculdsy : It was suggested to
as..
Why should you read It l-1 was sated to do so.

I suppooa It was to thaw what you sold I—No . It was shown
to_me.

You knew you were coming to give evidence here I—Yes.
Well, you say thst he pronounced "gossip with • French
accent 7—Yes.
Will you do sc?-1 could not.
Did you ever hear any one else do 107—No ;Ii struck me
at the time
..• . . .

--ica;;;ii.you also be had • sold I—Yee.
Ws solos • great deal rougher I—Yes.
A dlffsrent sort of votcet—Bougher, decidedly. I add,
"I suppose you have a cold I'
The last Was you talked to him was his voles the same
—Yea

Had not got rid ot the cold ?—No.
You never traced the French accent, have you, except In
the word " gossip ?"—Several other words struck me, but I
Cannot recall them.
Now, are you sure that all these conversations occurred In
11970/Yes.

-•••- • • —.
Had you altered much ?—No, except that I had got a at ate
or two stouter.

Your friends who knew you n years ago would have no
difficulty in recognhing you —Well, I have met some who
did not know me.
You are not like Kellett, are you P—l don't think he met
the mej w who he. been examined.
Wee it not " Dick Kellett" whom Tlchborne knew 1-11 e
was • lawyer; he the Militia
He we. not Captain Kellett at all then 1—No; that we. the
sodlor, hie brother.
Dick Kellett wan the man Roger knew I—Yes.
And Dick was not known as Captain Kellett in Roger'.
timel—No.

You are not lake him at silt—No.
Then, as to Captain Kellett, of the Navy, are you like
him I—No except in Ming a little dont.
Mr. Justice Mellor: Ito you Inutr if Captain Kellett eta.
met Knott—Not that I know of.
No one who knew you and Captain Kellett would mistako
you I—No. I don't think they would.
No one ever mistook you before I—No.
Nor duce I—No.
Your seeing him In London in 1370, yon coy, was casaal
—Veg. I had come down to town on burnau.
Itlek Kellett was not In town then 7—No.
. .

his brother the captain I—No.
Where you aware that the defendant had written to Dick
asklog him to bring you over 7—Yes
Del you know It then—la October, 1670 ?—1 think so, but
Cliilll,t be positive.
Did you know he and Dick Kellett had been correspond-
Dv 7 Yes.

NBut, as far as you were concerned, you bad not written ?
o.

_
Ss you were net expected tn come over 7—No.
Did you knw that D ck Knilett hhd bet') supplied with
Coyle. 01

_
As e;il." a. SI arch. 1868/—N llnt n tavare of It.
D, 5 u k.wohot .1.1) I. 1868 th., aylrollaut had been
onalug blqulrfeo aft r C4odain Dastuto I—No.

w. tag ;Manua named Cote, was there not, living
no2ar yout—Yes.

D.d kn... that he had n relative acquainted with the
def. • autt—Yte.

n Aosta alla ?--Y..
el,lt I. I, this ,onu ?—Yu, he told me Co.
hi: en.y 0 J,01.4.1 ilia this NV*/ i.e rsa,r,
•-

. .•
Mr I/swains t,:en read a passage from the defendant:li
ere a txsflcia.u, I in which he alit amst • Mr. S. Coke
tool tows,i him to A.tAralf., ana we, In tilt. outil.try.
U,nktca Mao r. forced t • 'Li, r o the olatml
Auil,, 1809, ad tressed to jilt Sir. $ Cook, ~a itt.„.J.lre"
WWI! tit., MUCCI% lid WAD I a. t. stockvss of the Mr.
Cooke ho kuew tie e a Dotal. Mr. Marlton ci 0
pawl, tea hO t It d,felOa t I Haltect -• My fit itt
at.& oke (Am mull. hol eno, )olt."
Mr. IC-oesty u j (••(- : Wna: fa o msat.log or all this
Mr Janie. Len : It, to WADI $l.. gentle..
The witness went Dto nap that this Mr C k • Came to
visit 'is relative, d m ,-,t toms it 1.6 with ;,,In to 1869 I: ,
kes had lone mood l the., sod were Well Inuit ate
au the persons ilytig n the he h ,onritnod. en,l Mr. l'ook,'s
with t; We retattv o. bar, witmes'a mot to LAldort to
IWO, when he ire too ...,fendant.

11. %Wilms bniug iona ybut >grAph of CAptaln Morton,
eaill 11110 X 3, IWO 11*hl it.xi was aut.LLer ..41.1017..0type 4.41
M.. t.i.talit.
. .

1 at show° i the defeodant the daguerreotype at the secoLd
AAA, in 1871 -

Mr .1C nesly obj..cted t th potorph. The insiLuation,
he saw. to that the deleodant micht neve s .0 as photograph
of Captain Morton ; but what Wits oat./
The Lorj Clef Jolt cc it to already in evidence. You
shoald have raisin., the objection at the Uwe. It wan put in
as evidence long ago.
Mr. Kemal, : I did not know what ass was to bot made of
Lt.
Tbs Lord Mai Julia*: II II Is capable of balms used b 7

_ _ _
way of ?Wawa argument it, of mule', MO be available : V
oihervelask li cannot be.
Mr. Image : It is already in evidence, and it k
rwoognised by in. witness in thts bog. What objection can
Isere be is II?
Mr. Jaetlitle Lusk There is no actual evidenhe that the
photograph came to the tlefeaelent'e hands.
The Lord Chief Justice: But the fact that photographs
existed is evidenoe from which the jury may infer that the
defendant may have seen one.
Mr Justice Mail : titan matter of Inference for the jury,
as a possible means by *Mott he might have been made
a :outdated with Captain Morton's features.
The Lord Chief Justice: It is not, ,tf coarse, conclusive
but it is evidence It cannot be doubted that If the photo-
graphs were very 001111111)11 the evidence would be admissible;
and, though lie week,* is admissible as ihowirg the% there
wall a posdbillty of each a Meant of acqnshetanopt with
Captain Mortal's coantenanoe.
Mr. Justice Lush pointed out that it was not put so proof
that the defendant had seen this partlealer photograph.
There gun° evdence of that: but It wee merely put in as
raining an inference of p tasintlity.
Mr. Heneely atilt urged that the evidence was Inadmis-
sible bus
The Court were clear that It was admissible; and more-
over, that it wee already to evidence.
Ihe witness tested that Captain Morton died twelve or
fourteen yean age. He did not recollect how long before
Ws death the daguerreotype was taken, but irobably not
long before. He had been lit for some time. He did not
know Carter, his servant.
The Lord Met Justice obterved that be believed it was in
evidence that Carter was Captain Mutton. servant.
Mr. Justice Mellor atm Mr. Justice Lush both said it
Wan SO.

It was then ellc!ted from the witness that he kr ew 101E8
one bad c .me over on the part of dere] dant to me Mr.
Kellett, but the defendast blm•elf never came
Kds Nay yea dined with the defendant twice before the
leas tn.! t—Yes.

ji -11/11.4 Ch;irie 1 t—No.
You say you callea upon him with your esurhter. I take
IS for grouted that it was not &Am the hutSnail—Oh, DO;
bni2re hews. retrulo.l .
- - -

Your knowledge of Brim was only for a few months at
Clonme 7—Yes, when he WSJ quartered there.
Dd I undtrstand you to say you reengola.d the defendant
at once I—Yes. _ _

-
H.djoutoiked with any one about him 4—Yes probably I
had—with my wife; she knew Lice.
You had heard be had arown ,touter 7—Yes.
Now, as to the roachtd-baeked hone you spoke of. Are
you aware that it was bought by Captain Morton at York,
be 18131,—YeA

Mr. Justice Lush read a pamake from the evidence of
Captain Vllllan Morton, brother of the Captain Morton
who has been examined es a withsu for the yrosecul ion, and
who was sake I about Mats hors* and deserted it as a
" roach' I backed torte," and as bought at York in IEO3,
adding, We had no such horse In Ireland."

Mr. Hawkins referred to th• orals-examination of defend-
ant, who called it • roach-backed Dom," snd the Lord
Chief Justice read from the evidenne of Mr. Wars Morton
that his brother had no such horse to Ineleni, but that it was
bousht at York In 1853, which he afterwards corrected as to
time, Ind said it was In '662 ; but he stated , istincrly that It
wee in Y.nsland, sod that Ms brother had no such horse In
Ire and. _ . . .

—iiiii--fritoess, being shown the ChM daguerreotype of
Roger, said it was not itte him, but being shown the other,
he said theyo wae some resemblance, but he did not recog-
Mrs it distinctly.
.

—la re-examination She witness said he did not know that
he tel teen the photograph of Csotam Morton before, and,
of courte, he cmid give no information as to when It was
done, but 11 was • very fair likenes•
You put the question about the hone to the defendant am a
test question I—l did.
And do you remember the hone to have been In the pow
session of Captain Morton at the time?
Mr. Hawkins objected that it was • leading question on a
point which might he important. It was sugosting the very
answer it was desired to elicit.
it. . .

_—
The Judges consulted together for a few mingles.
The le rd Chief Justice.—The question Is whether tbe horse
Was ate given place at a glvem time. Sorely the prcpar way
is to ask the witness, Waco and where do you remember the
horse to have been?

if.Q-iiiiiiiin-x;rdingly put the qaestion in that form.
The witneu Laid no doubt he put the question, fancying It
bad been in the possession of the captain at Clonmel That,
he said, Is my belief—that Csptaln Morton had It at ClonmeL
I don't know where he bon, hs It. I often saw Itln clonmel,
when Captaln Itorton wee out of the army. Ile kept It after
he left the army. Ile sold it afterwards, and I saw It In 1370
in a cab at Blackheath.

°SORGE 13114GLYY, living in the Royal-road, Itamagate, and
In his elAhtlein year, unld he had been Interested In mines
In C 11l for many years. In 1859 and 1.1,4 Irma residing at
the ICoglish hotel, Santiago. Saw Mn. Tichborne on his Sr.
rival at the hotel on the let or god of July, 1863. Did not
'peek to his.

—The Lord Chief Justice: ilow did you know html--It was
cinvently known shortly after his arrival who he was and
what were Ids antecedents.

Examination continued : Ile had John Moore, a servant,
with Min. Mr Tichborne stayed several days at the hotel.
Moore was akk and left Ha service. He remained after Mr.
Tlchbonie went and engaged in trade. About Mx moaths
afterward' agate saw Mr. lichhorne at the hotel. Dined with
him on the neat occeelon at the same table d'hnte, hut never
made his MICWISIDWICS. He remained 110•0.1 days on the
second occasion, but he did not dine with him. Remembered
his appearance perfectly well Saw the defendant first in
June, 1,65, at IL,ehaston. The defendant called upon him.
II ad previously teed the proceedings In eminent, and the
Probate C ,urt in the newspapers, In which the defendant
web said to be an imposter, aid that a commissi.,n wash, be
Btu; to Chill and he wrote snot. to Mr. Tichbotne and sent
It to Mr Serjeant Baliantine. Was saAsfied from what he
read that he was the same person be knew. The defendant
knocked at the door, and, the servant being out, he opened
the door himself. The defendant said, rßin.6loy, I belles, 1"
W itnem re( lied, Yes," and the defendant asked if be knew
hlm. He sidd he did not, and than the de'..ndant mid '• Itch,"
and be mph' I, "Tmhboree, of course." lie took him Inside,
and, the light being favourable, he r0C,41a17.4 him at once
as the Mr. Tichborne he knew. He ask: d the defendant II
he recol'ecßed the names of different persons in Santiago,
and he said he Old. fie recollected the great ...Inane, the
cathedral, and the Alameda or public prnme.ade. The
d-fendent reined for the name of the I wire bill wit in the
city, and he said, 'St. Luca" He ached the defend out
If he knew anything else about the localf.y, and i.e referred
tI an old dismantled fort from which a gun was firt d to
'ell the time of day. The defendant atm; wented to know
the name of • Mil dog on the hill with • ;evolving roof—in
observatory ereeted by the Ann rioau G ver Mon.. Dined
with the defendant in the evening at inc ' geeerthi •
Bout Birmingham, and they talked .boat the habits
and customs in Chill. Inc elefendent admire i the
Ire. use of the lasso which be had se!: .emmi. He said
he had been to Peru and the Ecuador end Lima. (Moore
here entered the court, and was 'dentine • by the witness.)
td seen the defendant several Manta Aimee.
Mr Kenealy Are you Mill of opial ii he Is the Mr.
Tichborne you knew at Santiago / Yee . as I believe 111
my own existence.