The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-20 00:00:00

public-house, hare a iankard ol 11jent—olie • pipe—. and 000:-
verse with the low people who frequented the house. There
are also the more modern ioti or the Marquis of Weer'.
ford, who wen brought to his tenses after aghting a dual with
gobbler. Counsel read copious estivate in support of his
theory wflh regard to the delendant's state of mho), II he
madly meant So °unsay his own deliberate cud wail matured
thought—lf you COMO colice conelusion that the cbtendaut
has said things that no human being Call extenuate or Pa-
nate —I ask you to consider that the absurdity of bleat:smarm
arc uot So he eausldered It. their plain and batting axe*.
The Lord Chief Julies : Is your argument that, because
torson hue maniluted .me ecasutricitles, some departure
Irons the ordinary standard of human conduct, that whea he
00 mes into scout of justice and makes a stittemant of lute,
he is pot te be liounl by the ordinary Min s epplicable to his
Cade
Mr. Kenrely r I don't go so far as that, but that his mind
is so clissiled that hats not to be held responsible for the
aosurdities he hu committed.
Nit. Justice Loin: All your lineaments are based open the
assu motion t hat the defendant le beget Vichborne. That in
tin inestion we see trying, and of 0011.3 they go for
nothing.
Mr. lienealy teen In no other.
Sir. Jubilee Lush: your argument Is that we mato believe
him whi n he ssys he Is Roger lichborne, and rtj•ct all that
goes to the contrary.
Mr. Ktnraly then proceeded to argue that Roger's life In
Par:., at Stony horst, Mid in the army was such an to give
hint the deers to shut it out of Ms mind as be advanced In
life, to which wnuid be attributed mercy of the Moon-
sietencies cif his statement., and said It was Impessible to
fathom the stenea to which the mind would go from one
point to another, Tile learned cOrinsel next proceeded to
comment on the defendant when he arrived in Australia
plunging Inn • • i:d and lawless life.
The Lord Chlof J melee mid the facts did not bear out the
assumpritm, tTecuis, hour his own statement, he was pOOOO-
- coupled for nearly three yearn and • hall as a herds-
man.

Mr Kensaly procmded, and in reference to the question
why, If the defeutlent wee in hitch poverty in Anttralla
he s'itt not draw a chtque upou Glyn's, said that
it woe a question of such absurdity that It answered
Itself. Be could understard his pm forting a life of
poverty aud freedom to the suffering he efperiencod at
home to aU the splendour that surrounded hini. He
would underfelt • to say that there was more misery expressed
in the faces of she rich a. they ride tn their carries es to Hyde
-
park than was to be tun tin the taoes of the mane number
we poor persons walking along the streets in the tur ult of
their daily tordcatduns. The learned couneel, in reviewing
the remota which, he argued, hot actuated the defendant in
not writing home, mil that the jary were'e mistime teat he
was It ger Ticknorue until he was eh teen not to be Arttair
Orton.
The Lord Chief Just,ce sold It wes to be modified to this
s Mott—Mat the ju y mutt rheum° him to be It ,ger rich-
Tuft 11,111. was pr 'red Cult, be 114
Mr. K. only sail he was real, to accept that view What
the dote taut had • orn was to be presumed to be t vti LIAO
the contrary MO show..
The Court then again adjourned.

On Wednesday morning, Mr. Kent&ly Invited the jury to
could ter vita-Val he p OSeCutitri wee In ad respects praise-
worthy, and whether it *as u t found° I upon the principle
of " longest nurse alns "
A J arym : Not the longest epoch. (Laughter.)
Mr. Kenealy adverted to the ifficoltie. uuder which the
defendant wsss pia clef in defendh g himself, ..ping that from
day to day he had been dependent up, n the bowl, y of the
public, not only I r the conduct of his ease, but for his very
means of subsidence, and n.d been exposed to the injuzlous
eff :MI of broadside resets, carte .toren, and newspaper° ail-
ments. Without imputing a charge of perjury or conspiracy
to any one connected with the prosecution, there could b.,
no doubt. he said, that a gr.at number of persons were
United teg.ther ith one ohj-,ct In view-that we. not favour-
able to tree defendant. Next asserting that It had been
pcsitively proved that an Osprey WAS at Melbourne in June
or July, 1664 and was In some way or other connect: d with
a shlawrecked crew, he complained that the prosecution had
not, AB Vol ought to have done, taken every measure to
trace out that thin and ascertain whether she had passed
over that track which the defendant had described. Hay-
h g reiterated that he still adhered to the opinion that
the late I- tr.' Chief Justice of the Comm tn Pleas
wee rather hasty at the civil trial In directing the defendant
to be prosecuted, he said he thought the judge atop el that
course Ins way that seemed ti be more in the interest of
one party then the other, because, at the same time, in fair-
ness he ought to have directed Mrs. Pittendreigh to hapless-
cuted for the forgotten which were °hoovered on that 000a'
ale

Mr Justice Mellor : The Lord Chief Justioe had no juris-
diction to direct such a prosecution.
Mr. Kenealy Ildt what I complain of is that unfortunately,
while ordering the prosecution of the defendant, he did not
intimate to the Crown that they ought also to telltale a
pr aecution against Mrs. Tateodreigh. He had teen Taunted
with not call ng Mr. liaigent, and he asked why the Crown
did not call that woman, no that the jury might learn the
secret history of these forgeries.
Mr. Justice Mellor ; There Is no issue in this indictment
upon -Mob she could have been called.
Mr ii-ties'y thought that as the prosecution represented
the Sovereign of this mighty empire, the lountain of all
Justice and truth, they should have been surtou, to remove
all grounds for limpet silo. upon 5)5. riots a matter.
Mr. Justice Malice: But the S.,vereig, is bound by rules
of law, aud cannot act 41ehputically in trials.
Mr. Ke,.ealy There is no rule of law which w mid have
proceeded the pro .cc uti n &Imply putting Mrs Tittendrelgli
in the hog all leaving her to he cross examined
Toe Lord Chief Justice: What an extraordinary farce that
would hay., been I

Mr Justice Luso: And • waste of time
Mr..L.sttue Mellor: We shoul I not have alowed jibo be
dmns if Mr. flawklna had attempted it.

Atter tome turtle r ..11sou, wen:.
A Jar, m.O it'd he thought Mr. Keenly hail Slow sod of
the nu Jaen long so.
. . .

The ci-a -Chief Justice added Vud the learned coma! .1 had
cert,dn)y harped upon it for a lolig tie.
. .

Mr.-Knalry tai.(he had uo; rZeed to It in tha in
which he now
.et!ohe.,_

The Lord Chief Justice : How does U affect the issue?
M. Keuesty: la this war, that the fe,t r f the Judge n,t
suggestlog Mrs. l'ilteudrslgh ghoul I be prosecuted wtakeus
the force of his c remittal of the defendant.

Toe Lord Colef Juottce : The jury hove already told you
that the committal by the Judge has not the aNhtest effect
upon their minds. If the offence alleged against the de-
fendant it proved, It is proved ; if is It not, It will not be
eked tut by the committal by the Judge.
The I,reman It it unless. Mr. Keuealy, for no to express
an ori.do ~ because you won't Cafe It.
Mr. Kent WI wee lure the jury would not turrets an
opinion upon the case until the proper line arriv..d. Fro-
ba'lly when he lied rage to addrraa tin ni they were entirely
adve-oe to tre M. ant, I ut he in,ped Viey had brought
t .tin I, ~111 r,nti.lllllll.l b., the lay!. m.o. Le ..1.40 t.dcu2ed
ant the comments he had made noon It.

_
---fh:F.;,;T:nan's-sld they would u.,,r be tired of heardig
arguments upon material points. (A. laugh)
Mr. Kin alp then comp:slued that ,two ff. rs be Made to
the Crown, which would i are tended nuatertal'y to elucidate
the truth, had tot hien ac :opt d by the Crown—v.s that
the sise of the d (rodent's foot emelt' be accurately twice,
Wood, and that he should be es mlined with regard to the
al,eged peculiarity of tormati n, matters of the afeattst Im-
portance as to his iderdity. Ile comm Ole on the repeated
inslnuati di of c .uspirao t . palm a false man upon toe Imo-
Ile as Roger Tichb rue, *hien had been made again.. Lord
River., Mr. (inflow, Mr Whalley, Miss Brain°. Father
Cho, Mr. Bulmt air, Stable!, and Mr. Sp ff ,rth,
and said that their was not • shadow of foundation
for it, or f..r impu'ing to them an,thin‘ but shut was
ri.tht and honourAble. Equally unjultitlaule was the charge
that Carter and MCGILUD were sub tried witnesses. Tnere
was one other point which he was not In a position to
answer, units. the jury looked noon the defendant as hawing
real'y and abs,lutely lorgotten the fact, Or the visit to
Lloyd's One of the assignments of perjury ass based tivn
his denial of having ever been there but althnugh Lit yit
was known to all business men, yet It Wail not likely tt me
known to an officer of liras, one who had been out of the
country for years, and it wee aboolut.ly incredible that he
would have denied having been there if he had not quite
forgotten the place and visit.

A Juryman The motive of his vie't Is very patent.
Mr. 'tensely No doubt to is., whether be enell get cor-
roborative evidence ss to the Osprey, Belle or Kent.

The Lord Chief Justice: I think the matter was pat in
this way-71ist he went to Lloyd's to see If an a•prey had
gone to Melbourne, and not finding an Osprey, ,:c ..pt nun
which would not do, he then ad pied the Thema, and in
order that it •hou,d not be known what the insult of his
search was, be dented having been at Mode
A Juryman • Yes
. ' ' . . . . .

Mr. Remaly I net tarot the way I undentand it: but 1
minim. your Id•dehip'e view must be correct. Bilk thee,
long before that he had spoken of the Osprey, whish ought
to olsarrn suspicion. It was • bona fide Boesch, and there
was no reason for his concealing it. Ms visit to Liver-
pool In search of the Amite was to Indication of guilt,
and when be wrote that -beyond all doubt It was the
Therm, that picked ae up," It shorn d that he had been
under • delrat n in bedeving that it was the th•prry,
and that be had then hit up in the right ship 1.1.. di i
ali that an honest man would do to clecover the
ship that rescued him, and there was nothing wrong or un-
derhanded to what he had said or done in endeavouring to
ascertain the ship which saved him. You have to try three
substantial issues only, and I intend to take them in the
following order—First, is the defendant Orion? seconds., is
he Roger 1 ichborne and thirdly, did Roger seduce Miss
D.ogtyl I think if I have hot already convinced you
by my evidence, that the observations I am al/OUt to offer
as to Arthur Orton will eatisfy you there Is not • pretem
elm for that alsert.on. Who -ver he is he cannot be
Arthur Orion, and thi.t you nev r can lied him to be
Arthur Orton I feel convinced will be the resu4 Ad your
,edict. I shall Mal as hrit ily as I cau with the evidence
that has bcen c di. dto she he a not Rigor rich Aorue, and
I shall au trust it with the erldmga I have Calle I to show
that be i. I Ichnorne, tini I confidently claim your verdist on
Chat Issue likewise. And hands proved, as I hope I shall,
lb At he la not A•thur Orton, and most conclusively that he
is Roger Ylehborne, I shall She, trout my atlenti al to the
thin, tune. Having eetallisin Al the defendant to be Roper
Tichlaßre, I Clink I shall be able to glee y U good and
an pie sr ...tide for In Peeing that Lady Radcliffe is nit a
credinle *it en when she denies her seduction. A number
of wits( slits have demAlatrated the possibility of tie seduc-
tion having lakes puce, and, having establiahed In your
minds that defendant is Tlchborne, I shall stak yoa to
b diem that the probabilities and possibilities of his
story are true in this respect, Cr you may be of opinion
tint the evidence Is so coil eting tbat you cm come
to no Colic fain on the point, and an rescue the cha-
racter lif 'Lady K socliffe. I invite you to adopt the
latter course Having referred in no complimentary
terms to Antler Orton'. personal appearm., and his
mental qoalitles, the learned counsel said it was a physl
I. wed tact that moons arm are stout in eddy youth hemnne
thin as years grow on them, and vice versa What hes be-
come of Arthur Orion? Is I e alive Air is he bead He led
a life likely to bring him to • pee m tiers end. iii. singular
that too of the brothers have disappeared—nothing having
been heard of them since they left Ragland prodably to join
Arthur and ad, pt Me course of tile In Australia.

The Lord Chief Jostlce sald flu. Arthar Orton was last
heard of in Joe. 1854.

-
Mr. Keurialy : Ills brother, Charles Orton, h been in court
during the whole of this trial. Ile le one of Mr. Hawkin's
party, sod althou,h he might have beet: ebbe to tell them if
Arthur was dead or alive, a..el when the family last heard of
the other broth rs, yet he war not called. Was he kept back
from fear that it m.ght be elicited from him that be hut no
Moral doubt from Ciflu,, stances that had come to hls know-
ledge tt at Arthur was dead, or were they afraid of the re -
mar treble ph)olcal diff:reoce between Charles Orton and the
defe: dent? With the exception ol George, who war cel'ed
ger t'eman Orton, the whole of the family were deed:o36d as
" t u loAry," and althoogh C libel is siightly deformed, he
by no niece. comes up to the description of "Imillocty "
Why have the Meters been kept out of the box?
The Foreman Why did pa not call them?
Mr. Kenealy : I will tell you by and by.

lhe Lard Chief Justice : I can understand why Mr. Hawkins
did tot call tem. 11 he al he would have commi -lel al
act of 161,y, because they have been in ycur pay, and mace
fli avita to your favour. How could you expect the prose-
cution to put them luto the be.
Mr Honesty: I should not have been surprised if they
had.

-The Lord Chief Justice : I, in can gay what you like about
that I was eurprthed at your cmicluding your Wapping
evidence without calling them. I was annoyed at your not
doing

Mr. Jurlice Lush: And so wee 1, especially after one of
your witnesses mid that one of them very mach resembled
Arthur.

Sir Kenealy : Well, gentlemen, If Charles Orton hid been
callrd he might have been able to have told ron that Arthar
Orton was dead.

The Lorrl Wet Jangler,: If Mr Hawking, knowing that
Charles Orton could have given toat Information, had kept
him back in congequence he would have covered himself
oth eternal disgrace. I don't think Mr. Ilawlasui espoble
of doing It.

Mr Kenealy : I don't make any Inch charge against Mr.
Hawkins, sod when I complain of the proisecutlon I by no
ni.,ans mean It to apply p.reonally to Mr Hawkins.
The Lord Chief Join ice : It is unfortunate that your sign-
in-at necessarPy Involve. It. The caning a tritium's or not
essta el2tirely.mit!n, tyle.c' twee who csoducte the cane
. .

Mr. Kent.ly : It is impossi• le that counsel can know all
the secret history of acme. An intimation might have been
given that Charles Orion w I a dangerous
l'he Lore Chief Justice: lie would then Inquire who.
lienealy : I meet the question, why done I call the
sista% by aMlal what have we heard or the Orton badly.
So hakes me to bstlbe they are eminently rerpettabie wit.