The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-03-07 00:00:00

LMT PAY OF THE TRIAL-ONE HUNDRED AND
EIGHTY-EIGHTH DAY.

The following immmaryof the proceedings of Saturday
Is also from Vie Times :
ml. protracted trial bas at lad Concluded In the oin vie-
Mon of the defendant on all the charges to the intli2tnunt and
his sentence to It years' penal servitude. 1 here were two
distinct coon!, nine Indictment, each constituting In effect
a different nt—the timt founded upon the statemehts
of the il.dendeint in his examination st the trial. the second
on Ma &indult in Chancery in 1068. The first count COt Win
about 24 distinct charges of perjury, 12 of them OD the
Tlchborne part of the case and 12 on the Ireton
part of the case. The charges on the Tichborne part
of the case are these Ills statements that he woe Koger
Tichhorne, (2) that he lived in Paris until 1845, IS) that
Chatelon was Me tutor, (0 that In 1845 he came to Rio'.
land to attend his uncle's funeral, (6, hat he had neon a
student at Stonyhtust (6) that be had been at. officer In
the Army, (7) that to July or August, 1862, he saw Lady
Radcliffe, is; that to there months he had *educed her,
(9) that he had after the 22nd of June in that tear hut seen
her, (le) that he saw Mtn. Hales in the economy of her
mother at Cank roury, (11) that he hart been at Bitton
Orange, the seat of Mr. and Mrs. Washington HietOrt, (121
that he had not been to Lloyd's Rooms. The ciliates ati to
the Orton case are that he lninit swore i--(1) That he limit
Arthur Orton, (2) that he never was at Wapping before
1868,3) that he Lever went by the name of Arthur (irton,
4) that he did not leave England in the Ocean In April,
1048 (5) arid did not arrive at Valparaiso In Noveincer,
1818, (e) that he wee not at Mellinilla, lo Chill, between 1868
and lbl, (7) that ho did ni t in 1851 come back from Chili to
England in the .lettie Miller, (-) that he had not seen
Mail Anne toiler before lea and did not keep company
with her In 1-51, (9) and that id!, had never written letters to
her. DO) that he did not In 1852 go to [lobar; -town In the
Middleton, (11) that he had not seen Orton's slater, more
than once before the trial OM that he had been charged at
Cattlemaine with horseditealing in company with Arthur
OLtou. Then on the afti lay% there were ten diattoct
charge* of perjury on the defeudishte et. t Anent. In it ma to
Ms being Roger Tichhorne, similar to thom in hls oral evi-
dence, ad ting these: —That (6) In March, 16:,3, he tonic his
passage to Valparaiso, and Ia due course arrived there, (9)
that from that time to April, 1854, he travelled in South
America. (10) that in Prod, 1864, Le kook his Pexthee itt Rio
in the Bella for New Vor k Them chars. ef perjury, %-
wards 0( 50 th outliner, though committed upon too datinct;
occanion., all those committed upon such occasion comae
Patine in law a distinct count, real lved themselves really
In tithes. three—the statement 'flat he was Roger Tichiorne,
the dental that he was Arthur Orton, and the ry of the
reduction of Mts. Doughty. The Lord Chief Justice,
Is hie exhaustive C large, which has taken 18 enlace
days, has fully treated every part of the cope Having
first laid a solid foundation of undoubted fact 01l
the f ems and Incidents of Wig-r Thilthorne's lite as disclued
In his owu letter. down to the time of his going on board
the Bella. he then took up the story of the defindiant, cent
professed to have been saved from the wreck of the Bella,
and carried to Melbourne in July 1e54, and he dealt alth
tie evidence on both sides as to his being Roger Tichborne.
contruttug the letters, act., and character of the defendant
with those of R iger Tendon,. He next took up the evi-
dence ou both sides as to the Identity of the defentiant With
Arthur Orson. Ile then dealt fully with the crou-, rethink
tion of the defendant as to the event. and incidetits of
Roger Tichborne's life, contrasting if wiih the evict:nee,
upecially as to the "crucial test" (as the C skeane. enamel
called It at the hither Ok)) of the defendant's story as
to the coutent• ol the seakd packet" which he con-
nected with t• e supp ore I setiu2tton, Then the Lord
Chief Justice cuter. d into the utile:me as to pc yokel mark*
or peculiarities natural or artificial, especially as to the
bleeding marks on Roger not to be found on the defend-
ant. And, badly, he ocialt with the subject of haudwrlting,
spelling, and stt le, both as showi, g th it the defend.;
Is not Roger 'Melamine and that he is Arthur Orton. it
should have been stated on the part of the case that the
jury had hurtled to them by the Court photographic fat:-
similes of the havidwriting of Roger Tichborne, ot the dee
fend-int, and of Aethur Otton, exe 'tiled by the Stereoscopic
Company und e the care of Mr Notiage, the manager, for
the purpose of lupe:Lion and con pertain, and on Saturday
morning they were observed carefully Inspecting them.
The Lord Chief Jo.tice having thus for eighteen days been
engaged In an exhuistiva exposition of the evidence, now
mocinctly reviewed 11, and pointed out its bearing upon the
two gnat primary questions of the case—la the defendant
Roger Tichhono 7 Is he Arthur Orton I Coon both
questions, he said, there well a great body of coutratllctory
evidence of ophilon as to hienti(y, but It was rodeos., t'
look to all the evidence, and especially to the undoubted
facts—to observe the bearing ot each pert upon the rest,
and to consider the case as • whole, There was the un-
doubted fact that Arthur Orton was some time at Melt-
pllla, and It was also an undoubted fact that the de-
fendant was there. Only one young Englishman had been
know,' there, and the name of Roger Tichbonie was un-
known there. Ttes appeared from the correspondence of
the eetendant with tie own Mend there, Castro. What
watt the natural lefeesnoet No one could suppose th et
Roger Tohborne would have ad, pted the name of Arthur
Orion. l'he defendant was there; Arthur Or on was
there. What explanation could be adipted but that the
defehdant was there as Arthur Ort,:n,l e'hen the same
maul, traced heck to Wapping and from Wapplug to Hebert
he..., and there be was found folowlog the bort 01 111,C11-
lions to which Arthur Orton was andicted—those of slavish.
tering and ,tuck MMus, then there were the undoubted
Nola The defeudant was at Belida!' In the service of the
Fluter+, and so was Arthnr Orton, and no one was known in
their service as Castro, the name by which the defendant
Wel he hid gone. There was not only the evidence or
treveral with eeeee , tent there was the evidence it tha ks of
the Frith..., allowing that no one was known thereat; thi4io
but that °itch oslp was known Tae defendant aitthittett he
seas there, and there for a time similar to the period of
Orton's service there, only he put It at a afferent oak+, and
It. order to ego.e with ha story of his throne from the Bella,
he said hehad entered their service hi July, 1864, .d by
the name of Castro, whereat. the evidence of the hones showed
that Castro was not known there at all, and that Orton
Wend the teivice two year. and a halt later, at the end it
1856. 11 ,0, even waiving ti e evidence of the winnows id entity-
Ins the defendant with Ortou—then the %hole basis of she
defend.F. story was destreyed, and he could not he Roger
Tichborne, hut mutt he Arthur title, 'then there was
tile undooloted evidence 14 the defendant on comlng so
England c his secret visit to Warming to it quire after
Orton'. sisters ; his Pecret correspondence with them, and his
subsequent denial of it his Intimate acquaintance with
Wapplug people, and numerous other facts of the sante
nature. Again, there was oil istuorance of all that related to
the litatory of the family of Roger tichborrie, his shimming
all intercourse with the members ot the family, his Ignorance
ot the family property, his declarations that he was born to
Dorsetshire and educated at Southampton, his denial that
he w in the Army or at Stonyhturst, his ignorance even of
the Chesila., names of his supposed moth, r, and, ab..ve all.
the crucial test h of h's Ignorance of the contents of the
sealed packet. Let the jury consider thy weight of all theme nu-
undoubto.l facts In the CAW' and their bearing I u the three
great questions involved. Nor was this all. There ws. the
ilefenitant's story as .o the ahtpwreck—so abeurd that eve.
his Own counsel nad to abandon it as incredible. Then the
story of his escape from the wreck, equally absurd arid
admitted to be equelly Incrediele, and the account of hie
rescue in • ship, of which he could not even give the name.
Then there was the striking fact that the defendant had a"
milled that he had had e,, Vitus's Minix, which Roger never
had, lint • hich Arthur Orton ha), An` there WWI the fact
that the def.,' ant for twelve yeare had lived a co.ae and
wretched life—natural enough to A ithur orlon. Mil repul-
sive to Ryser Tlchoorne—paressed of £1,0,0 &yea% and the
heir of a but:onto aint ,E 20,100 • year. The Lord Cotef
Jostle° odd he ADS well aware that, by those who them.
selves were prei ;diced and possessed by • fitregone c meth-
mon, his Charge was considered partial and one-sided. But
he could not on that accorn t shrink from the discharge of
Ms hulk's! duty He could not Invent facts, nor could he
Invent explanations of facts which were undoubted and
unerplidne I, and of which toe defendant's hotlinel himself
admitted that he could suggest no better explanation
than that hi. cliint's mind was "diseased "—an many
defence to susged, without all atom of evtieuth to *Lippert
it, save the u terly eh., and inc,aoi nee nature of his
statements. Illy most comid r whether all these
fails, converting to the same coeclusion did or did not
bring he.me to their minds the conviction of the defendant'.
girth He was entitled certelnir to the bier Mk of a donbt
hut then it must be a reasonable demi* but not one which
was vain and fantastic. And if their mind. had no
real, substantial doubt, they mail not shrink from
antlng according to their conscientious conviction,; unde-
terred by those improper appeals which had been
made by the defendant's counsel to hornier prejudices or
passion. The Jthigee, said the Lord Chief Justice, bad been
denounced In such terms as had never yet been need by
an advocate in midi...slog an English Court. But he
could afford t dleregard those attack,: he had done his
Linty cm sctentlonely and he I,ow hdt it to the jury to do
theirs. The other Judges briefly enthused their entire
nor currencies In what lied fallen from the Loth C tef Justice.
mid the j6y then—about noon—retired to consider their
Verdict." .