The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-16 00:00:00


THE TICHBORNE TRIAL

The Judges tovk their seats at about eleven o'clock
on Monday. The interior of the court was, as usual,
completely filled; but Weetmineter Hall was almort
devoid of its accustomed loitertre.

Mr. Homily, proceeding with his address, said: Gentle-
men. I was mentioning on Fridsys remarkable fact atv-ut Sir
Walter Scott and the Greek letters. Since then, I have found
S,ott's biography, and to It yon will este he says: .1 forgot
the letters of the Greek alphabet ; iloss never to be repaired,
considering what tt at knowledge le." Therelore, notw3h-
standing that great man had been studying Greek at school,
he mentions that he had quite forgotten It. There is another
example, which haa been pointed out to me by one of those
numerous gentlemen who send me letters, from which 1 ern
bound to arty I derive great advsntarr. "There lea curious
fact," says toe letter, "related of the Bishop Watson, who,
wilting to the Duke of ftleans on the 28th of July, 1804,
say• I left my cuotey also early an age, that I have quite
forgotten the e,lstte of a Frenchman.'"

The Lord Chief Justice: Does he say at what age he

Mr. Henanly . He does not , bat I don't think he left as
early as IF.

Mr. Serleant Parry With regard to Sir W.lter Scott
haring forgiAten the Greek alphahrt, I think your lord.lilp
will ese that he never learned Gr. (tutoblogrephy handed
to the Lord Wet haver.)

The Lord Chief Justice rout an extract from the volume
In which it waa stated that Sir Walter Scott coat/seed his
contempt for the Greek language by resolving not to learn
It.
Mr. Kenos)), : Probably, again, there is no greater master
of Latin than the present Lord Chancellor, and at the open-
ing of the Tomball, Winchester, he confesses his inability
to reply to the adders& in Latin. So that when we see •
maa like Lord Selberne confeesiog to his Mobility to reply to
al.. wora in Latin we may wily conceive how a man like
the defendant might forget the Greek language. I wilinow
coetinue my commeute—end it will be necessary for me to
do so at some length—upon the moss examination of the
defendant, and to piint out to you those features which
seem to me to flattish proof of hie Identity beyond
doubt. No doubt is le fail of blunders and of d-vtasione
from the truth, if you like, but there are things which peep
out here and there which could only be ken..., to the true
man. It would be a difficult thing for one r I your body to
read over this evidence without having Ms attention p 'toted
to the points upon which I rely, but still I shall feel it nee..
eery to call yr ur attention to those things which I say make
out to demonstration the Motility of the defendant. Thle
man hes not coached himself, and that in itself Is • strong
indlcati ec of his innocence. With reference to the Brighton
card case, I do not Intend to say anything at present, for!
would rather defer In r a day or two toy obeervations upon it,
as I am not.. yet In powasion of that full and complete
lot ormation upon the matter I could desire to have. This
man le in great difficulty, as you may me, and I am lure you
will make great alio•anco for his position. It I. quite true
be has had years and years to consider these matters, but at
the present time I have only imperfect int emotion upon
the Brighton card case. Then, gentlemen, there is another
elusion to those Ms, or to the St which the defendant had
at Canterbury. Subetantially it egress with the amount
given by Colonel ffickerstatte and the other military men
who were examined upon the matter. I think I shall
be in a position to show that to call those attacks
sathmatic is • pare detains—bat that they must have
been apoplectic: and In proof that the defendant
is Um man to whom three attacks did occur I shall
prove that he has at this very moment, Put above the
temporal artery, the mark made by the lance when he was
bled on that occasion. lii. very difficult to see, owlug to the
euperabuudent flab which has grown about II; but when Is
has boon exemined by a very eminent medical man, who will
depose that ills there, that will,! submit, go very far to con-
vince the most sceptical among you that the defendant is
Roger Tichborne. I don't wonder that there.. sceptical men
among you you would be above human nature If, attar hear-
ing the evidence of DO witnesses, all ma one side, It were not
so. But, I submit that • piece of evidence of that nature will
go far beyond any amount of external evidence on the part of
people who gay they don't recognise the defendant as Roger
Tichborne. It in practically conclusive. because Arthur Orton
could not have all these marg. which Roger Tichborne
would have. Now, although the defendans had hie &Oen.
ton called to the fact that he was bled tee Loth
he treated it al a matter not worthy his erotica [Read
from crossoreamination of the defendant in which he said
that Weans, had told him that be was bled, hat he (defend•
ant) we, not aware that he had marks of bleeding on both feet
until Dr. Sutherland discovered them on • second semiotics,
lion.] So you see that it. lett if to be discovered as It were, by
chance. Gentlemen, I must ask you whether it Is likely that
an Impoistor would do that? Another curious instance of
the thorough and I may say almost criminal carelessness
with which be treated many of the questions pat to him, into
be found lathe way be treated matters of merioue conseqaence.
[Read front croaexamination In which, in answer to Impot-
ent questions put by the Attorney-General, the defendant
said, Well, have it your own way then;" and when re-
minded by the Attorney. General that answere given in that
way, to convey an affirmative, might involve him in • charge
of perjury, he replied, "But you are not upon your oath.'
Gentlemen, see how very ridiculous that in, and note the utter
carelessness of this witneu. Then, Vain, he says, "el
don't coach myself up in dates. I prefer speaking from
memory." And as another Instance of the c..elese way In
which he gives names, you will see that within a very abort
space of time he corrects himself twice, In the first
Instance having given the name of Venable@ instead of
Wainaley, and In the second Litchfield Instead of Strict.
land. Gentlemen, Mr. Hawkins has pet Is certain Army
Litt*, and other documents, the suggestion being that from
thos, documents the defendant had coached himself up,
but you will find from these and many other instance.,
that tnstead of being well read up, he has only a
most vague and general idea of those things which
it is sagged., he (Defendant) has learnt by heart. If be
had 'ollowed those documents with accuracy and given the
dates seed names of the places indicated as the placers at
which the regiment had been In is those documents,! ihottld
not have been able to say It aid not support the theory
that he had acquired that information elsewhere than from
his own memory Another curious example of Defendant's
carelessneas is tarnished by hi, conduct after the death
of Lady Tichborne. Very soon after that event be re-
ceived an oroer to deposit her papers in court, and he
did so. When examined on certain lettere amongst those
papers, he dented all knowledge of them; and when reminded
that some were alluded to in him affidavit, he said, n
Holmes may have seen them, but I did not; I took say at-
torney', word, and he would not ask me to swear t anything
untrue." Thus he did very foolishly, but It Ls what many
people do. In fact, he deposited all the papers for the use of
nis o7ponents without having himself made any complete
examination of them. Is that the act of an impostor? In
like measlier he left many letten behind him at Sydney,
which might have been of great use to him now.

The Lord Chief JUatice Doge that appear in the evidence
Mr. Kenealy : Yes, my lord ; there is much internal
evidence in the other letters of letters which have
not been produced, and that the evidence Is incomplete.
There Is another way In which things escape the mind of
this witness. During his examination Ideas learn to arils
In his mind, and as rapidly as they rise seem to disappear,
which show. that this mauls careless about thing, to which
he ought to be attentive. But an impostor would not be
likely to forget anything of Importance. Then, as to the
tone of voice, I submit that much of the indlstincttima of
speech which is complained of against the defendant arises
from the lose of teeth and from his extreme (atoms. The
Claimant is asked as to whether he saw in. Duke of Welling.
tone funeral, and he states that he new it from the house of
Mr. andr,wa • military accoutrement maker, and further
that he believes Colonel G. Greenwood introduced him there.
Ibis lass event that seems to me impossible that Arthur
Orton could have known.

The Lord Ctdet Jostles : Colonel G. Greenwood was not
asked about it.

Mr. Kunealy : No, my lord; built was not my business to
ask the question. lam not called upon to prove the rosn's
Innomnoe ; Ii Is for the other tide to prove him collie.
There te a letter from Tichb.rne to Goeford, dated June 9,
1862, In which he complains lii very strong terms, that an
alteration has been made, and that the regiment was not to
go abroad for two jean at lvast, and says, .' I have nearly
made up my mind to exchange and go abroad ;" which cor-
rreponds to the language need by lb. witoome. There aro
iguerg of June 13, 1362, and July lh of the same year, aleo
to Clogoed, which oonveys the..... Idea,

The Lord Chief Duna): The tame thing wu upreseed la
rufous letters to Lady Doughty.

Mr. Sewer : VIM wee kept from the Defendant.
The lord Chtef Jaatke : Me sow the answers.
Mr. Kemal, They have the =ewers from Ttehborne.
As far es we can see. be eater read any of the documents
which or. dewshed. Or which wore In the posetasios of
Lacy Tichlvwne and I am not swore whether the answers
~v.I PO at b 5.: be:,.. •••••se nuo,ogot
Ste by to .1. I. od.:ry su Sha li or& 01 C. n,..ry
h4to cot bad aLe ovnorw.,l4 1 looking ei the schedule,

•
and I am not aware whether they were then or not. If
they Inn not he could not have had acmes to Mr. DOeford's
lotto% Or to the %Nen written by Lady Donghfly to Roger
Ttchborne. Thrredne he must be Roger Tichbotne.
Another remarkable thing is ()maned in one at the letters to
Inr. Goeford. "Now I will come presently to the dram-
Fiance of your leaving. When you left, did you intend to
eome to this eountrr aia so lone so your father and
mother lived f I did not' —"Was your father and mother's
• happy home? No; Kindling but that." New, I rely
much upon that, because in one of thes• letter. to
Goeford he complained of it, and said he would remain
away for a considerable time. When he heard of hie
lid ward Doughty's death, he c ,ngratniates himseif upon not
being at Tinhorns, and mein expresses himself determined
not to return daring his mother'. 111.. Then, gentlemen, we
come to. most curious Shinn He is naked, "D, you say
you 00tdd see the Louvre from the house '' No ; I did
not take pal Water mottos." Subsequently you will find that
he said be could see the Louvre from the place where they
Lived at the time. I don't know whether it was clearly made
out that it wu the Palau of the Loans or the hotel of that
name, but the Lord Chief Justice said, "There is an easy
mode of proving whether there was an Hotel de Louvre
or oot at that time, ea all those plaon are registered in
Prance." It is not contended that he meant the present
hotel.

The Lord Chief Justice: What wits present to sny oiled was
that he was speaking of the present hotel but It wee le the
course of the re examination that the question arose whether
there was not an old Motel de Louvre. _

...
Mr. ICenealy : They could hays proved or disproved with
pert( c., ewe whether there was suchen hotel or not, hut thty
have not done so.

The Lord Chief Justice : No one heard of the old Hotel de
Louvre.

--•--
kir. Kenosly It did not strike me that then was any
direct contradiction, and everything they don't attack as
fat.. I thall ask you to say to true, and the more especially
In this cane, boocuce the Lord Chief Justice pointed out that
there was an easy way of satisfying the Jury upon tide
point. There la • police mutilation in France compelling all
hotel teepees to nightie, and therefore they might have shown
you with perfect ease whether such an hotel existed. They
have not dot e no. Whether I chill be able to give you any
evidence upon that point I don't know at present I have
heard a good deal, but what I have heard I will not mention
to you now. He is then asked about Chatillon. He is under
the impression first that on his last visit to Perla he only
remained there one day, mad the Abb6 Rai', speaks of his
Immersion that he was there for a very short period.

Mr. Juktice Lush : I we that Chatiilon was asked by one
of the Jury, awl he says, " I never heard of say other than
the present IlLte/ de Louvre."

Kenealy went on to show that the defendant knew
many thing' which were mentioned in letters written by Lady
Tichborne and by Lady Doughty to which he had had
access, and that therefore he must be Roger Tichborne. De-
fendant was under the irapreedon that when be last visited
Pest, before leaving for South America he oply spent one
dew there. The Abli Balls was under the impression
the period of the visit was a very short one. There was
a legal maxim to the effect that a person Intending to da
ceive dealt in generalities. The defendant invariably
pinned himself down to a particular fact. He need
not have said that the visit only lasted one day, and he knew
well that Cogitation was to he examined and could eget'
the exact length of the visit. further on he was asked what
money be had to go away with, and be replied according to
the fact that be had the money he received for his °monde-
ston—a e'rrurnstanc• that Arthur IMOD or any other impoater
could
-
markable thing which showed that the defendant was
no other than Roger T.chborne was this, that when
crose-examlued as to whether he mede a will he said
he did—that he had not told any of hie relations of the
fact—and that Mr. Slaughter, not Mr. Hopkins, drew the
will. adding that he would not allow Mr. Hopkins to draw It
as he would have told Mr. James Tichborne, his father, of
the contents. It was quite true that the fact of the will exist-
ing and its contents could hive been seoertalned at Doctors
Common., but Arthur Orton never oonld have known whir drew
It, The defendant maid he executed the will at Canterbury,
whereas It was really executed in London. Another instance
of careleudy planing himself without any reason for doing
no down to a fact. An Impostor however, would have
dealt in generalities. Much prejudice had been created
against the defendant for having revealed the contents of
the .sated packet, built should be borne in mind that the con
tents were forced from him by the Atkrneyeleneral and by
the Lord Chief Justice. There might be persons In court who
would have said that they would spend the residue of
their life in prison rather then make the statement the de-
fendant dld, but he regarded the command of the judge as
Imperative, and it was with the greatest reluctance he made
the disclosure. after the offer to write it for tne Information of
the counsel, judge, and Jury only. The object of the der
fend. t could have been as well obtained had that course
been adopted by them.

The Lord Chief Justice : How could Lady Itadclide be
examined if the evidence we. not given pubdcly
Mr. Kenesly : The st.tement in welting could have been
reed by her, and her evidence taken in writing also.

The Lord Chid Justice The counsel for the defendant'a In
that me Yad, Incidentally, Lady Radcliffe's honour to
defend; and, in my opinion, they would Mee taken a very
mistaken course had they allowed the evidence to be given
as you suggest. I should not have done so had I been
°alma

Mr. Krno&y The publicity the defendant's counsel corn
-
pulled was not a publicity which 1, had Ibsen counsel, should
have sought.

The 1,-.1,1 Chief Justice In my opinion toe proper course
was adopted. At the MM. time that does not deprive your
client of the heoent of the observation that he offered to
give his statern, ut lii writing.
• • • •• • ••

Mr. Kenosly We all know that the likelihood Is that the
world will hel.eve a bad story rather than • good one, and
that had there been • verdict • hundred times over, there
would be many people to shake their heads.
The Ldrd Chief Jtutice : It la the cruel position In which a
helpless woman Is placed against whom en accusatton is
made.

Mr Kenealy The fact would have operated on my
mind.

_
Mr. Jettlce Mellor I cannot help thinking that the
cnurs you auggrat would have been impracticAhle under the

Mr. Kensaly I would certainly have made the attempt.
It Is • moat lamentable thing that anything of the kind should
have beea mentioned publicly whether it is true or untrue;
and 1 do not prerume to I ffar any opinion upon it. It Is
certalnly a moot lamentable affar. I think of It with sorr.iw
night and day. After referring to other Incidents, Mr.
Kenealy went on to advert to the subject. of Use tattooing,
and repeated his assertion that it was an afterthorntht,
concocted dur.ng the last trial. Oa the sth of June,
1871, the Attorney-Gmeral got the Clamant to bare hi,
arm, and to show and to swear that he bad no tattoo
marks upon it, and two days afterwards, on the 7th of
June. Mr. Booker wrote to Lord Bellew on the subject of
the tattooing .I.lst after they had got out an *Annul,on
that the defendant we not tattooed, they set to cork to get
up galenae to show that if. wee tattooed. According to
the present evidence the faulty knew all about it, and knew
that the boy was tattooed in France, by • sailor in Brittany,
with • heart, achor, and cross, and it had always been
known in the famt y. Yet Mr. Boater wrote to Lord
Bellew in June, ltal, for information ou the subject, and
Lord Bellew in his answer wale not sure whetter he
did not make those marks. Mr Kenealy commented on
the taros of Lord Bellew'. letter as to the tettoolor,
from which 0. argued that be WAN shoill...g and
preparing fore false story, and he relied on Ms Atacama
that Boger beds "splotch" on the arm "above the wrist,'
and the defendant, he said, had Just such a "splotch 'ln the
game poeitlon. the whole case as to the tattoolnd we., he
said, got up alter the 6th of June, 1871—after it had Von got
out that the defendant had no tattoo mark' upon Ills arm.
What did the jury now think of the tattoo case

- -
One of thaJory Do we understand you to say that was the
first time the faintly hoard of the tattooing ?

Mr. Kenealy : lau that Is the fair logical Inferenoe from
the facts In evidence and the date cf the correspondence fal-
lowing immediately after the defendant's admission that he
had no tattoo marks. Then they said, "Now It is wile to
swear It; we will swear that R war wu tattooed." No man
of sense, ii,. Kenealy said, could doubt that the cue so to
the tattooing was got up. He went oi.. to allude to that part
of the craw-examination which related to M. Chstillon, who,
as the der endant had sworn, mutts tutor until he left Park—
et the age .1 16. and he said that Chatillon was a mere valet,
upon which

The Lord Chief Justice said ChatUlan was not • valet (a
term which, in the French language, signifies • lackey), and
such an expression ought not to be used.

Mr. Kenagy sMd be cougdamd Mignon Ina e mere
Taal,

The Lord Chief Justice : Ile was not a valet.
Mr. Kansaly I say he wee ; and I have • right to la, so,
and to do my &ley.

r M. Justice Mellor (with some warmth) : You are to do
our duty, no doubt, but with that deference to the 13ench
which is due from a gentleman.

Mr, Kenealy: I know the duty of gentleman se well
U you co, and I beg that remarka of that kind may not be
repeated.

The Lord Chief Jurtise : I will not allow • member of the
Bench to be siddreesed In that tone and style.

Mr. Konenly : If a member of the Bench forget.; Ms duty,
my Lord, he must be answered.

'She Lord Chief Justice I will not allow you to say that •
member of the bench forgets his duty. That in not language
fit for • counsel to use.

Mr. lienealy : I &Wags no language to the Bench which
Ii not proper

The Lord Chief Justice I lay, Sir, you &hall not address
that language to the Bench.

Mr. Kennel Gentlemen, I am addressing you, and I say
that Caatillon way a valet, who had only to take care of this
boy.
The Lord Chief Justice: Your own client swore that
Chatillon was his tutor until he was of the age of 16, when he
left Parts.
Mr. Kenealy He IMB mistaken in that.

The Lard Chief Juatdce But you cannot complain of your
client's own statement being taken. Nothing is really
gained by ceiling names, which only tnake a painful Im-
pression.
'III': Kew esly insisted that he was entitled to give his view
of the evidence.

The Lord Chief Jostled :Yee, but It ought not to be forgotten
that things may be geld which must inflict pain upon persona
who Sr. absent The term " valet "in French le peculiarly
offensive, se it Imputes • mere /ado,.

Mr. Kane&ly said he did not °outsider, upon his inatruc-
Slone, Cost Mon was • witness of truth, and that being so,
he wee not bound to consider Ma feeling.. tie went on to
comment upon the mos. examluation as Co the Paris life of
Roger with the view of showing that hi, education had been
grossly neglected (which the Lord Chief Justice said long ago
was obvious), and that there was no autlicient evidence of
non.riscolleotion.

At the usual hour the Court adjourned,
Just betore the adjournment, It being proposed to sit
until live o'clock,

One of the jurors, the same who was taken 11l early In the
trial, and who la Mall looking very weak, said he really wall
not equal to It. on which

The Lord Chief Juitlce sald, of comae, 11 that were to he
would uot press It.

-
The Juror dad Ms attendanoe there war to him a cause of
very coaddarabla Inconvenience.

Mr. Justice Lush said he had hoped that one day more
would have Concluded the comments on the craw-examine.
Mon, but

Mr. Kenosly said he really could not manage It. It was
In his view, very Important for the defence to draw atten-
tion to the cross-examlnatlon„

The Lord Chief Justice: But I should hive thought that
thirteen days orlista have sufficed for that purpose.
Oue of the Puy &eked Mr. Konealy If he could give them
any Ides as to when he should close his speech.

ir. Ken'sly rather curtly): No, Bir,-; cannot.

, .
A blank look of dismay seemed to come over the features of
Judge. and Jars at it& announcement, which was under-
otood as indicating an indefinite protraction of the speech,
and under these feelings the Court adjourned.

On l'needsy morning (the seventy.first day of the trial)
Kr. Lineal) continued his address to the (ivy, and, return
lag to the question of the tattoo markt. Said it was evident
that If the nisi marks were nude in Brittany they mud have
been done whi'e it. Joillvat was acting as hi. tutor ; anif
yet that person had not been called as • without. tirades
next ot hie Meet. during the orom-eratalnatlon, • ong
CLbelthat It was • serlou• matter for natdseation whir
ti e ought really to be held responsible for what he said ;
but at any rate he thnusht they might fairly assume
that he was angering both bodily and mentally clueing a
great part of the crow-examination, when he did not com-
plain. As to the defendant being pressed to give the name of
ally young lady With whom he den.ed in Pads and his replying
that It was an imporMnent question In • public court, he
rid, although several witnesses had been called to speak
about his Perla Itto there was no proof whatever of hie ever
having danced with a winos human being in that capital,
and oomplalned that this waa a most unfair and uninat sup
restless, aairadni hls bast that the jury, as EDO&
gentlanws2 laartr.g no desire hot to mete out complete.
=l, and Impartial justice, were not Winged in their
that the defendant had -been treated with th,“
ordinary civility and fair play which WM shown to the
humbleet person In the witness-box. Then. In his ernes-ere.
minion-Jo, the defendant we. suddenly nar,l d ofr to 18' 7 re-
peating tie came Juni, ,nd Ite,lnis to tin. seine confo•ron,
which they sass at the Law lostitntion. Another false rug-

awls 10Mm was Bat William Bud was betwala
ret2ILII fifty years 04 whines waa 001 0
jibe Mini
van. A great deal was made of bla sal Bardon
7,7;11r Single, who was about eighty. If he d that It
was • mistake. but *lna be probably meant was that ha."
like old Bangle, which wan fact, ndU they took that view
It would point to being Boger Ti 5.
A Juryman: Burden was really between forty and Arty at
the time :1 the trial.

M. Konealy : I nth* not.

The Juryman- Ife stated-- so hlumalL
Mr. Justice Ludt. referring as his notes, said Pardon stated
Mat he sem born on the thth of Novettible, Uttla
Mr. Ksumly : I thought Mat erns • false sweeitlow, but I
am very glad that the jury bays mob an aocn,Me reoollection
of the evidence. I wiihdraw what I have said about the
matter. The learned counsel then dealt with the eroeuexs
anduatlon m to the Pornic &coldest, and said It was • re-
markable thing thst the defendant should have recollected
what really did happen—via Wit he was first iaken.to the
house of a lady near at hand. How could any one but the
real man know that

The Lord Chief Justlee observed that the learned oonastil
was mtstakeo on that point Ile was taken their own
lodgtngs.

. -
Mr. Hove.!,: U. Said he was carried to the house of a
Madame somebody.
The Lord Chief Jostles : Yes, that Ina the name of the
lady at whose house they were lodging.

Passing to defendant', remark to Sir John Coleridge, "1
wish I had your brains and yu mine fore little whID," and
When this excited laurhter hie apologizing for it, Dr. Remaly
said that here again the true spirit of a pin Inman broke
Ott, and showed he condi not be the person he wan
represented to be. The great rhetoelcan retorted that as
a matter of exchange the defendant would find he had
insole • very bet bargain, drier's', In spite of the com-
pliment, to persuade people that kb. was no match for
him, with what object was evident. A bad feeling between
the examiner and the voltam was clearly visible, en! It
prevented the obeervanoe of that cool and calm temperament
which was necessary in the conduct of badness in worts of
Justine. In another part of the crosoexamlnation the de-
fendant sccidentally need • phrase which mowed like •
French idiom—" false to the word." Then, when the de-
fendant we, urged to give the names of priests to whom be had
contented, he showed gnat relUctanoe to do to, and said
it had nothing to do with the can., Why should Arthur
Orion, with all the feelings, passfens, and prejudices of
the Reformation, have any seneitiveneu on such a subject, or
decline to name the priest, to whom he had gone to 'volution /
He contended that this was the breaking oat of the
old Catholic faith of the real man. In the same way, he
thought that his reluctance to speak about the delicate sub-
ject of the relationship between Lady Tichborne and old
Mr. Seymour was a spontaneous effusion of feeling Indica-
tive of Roger Tichborne, and hardly consistent with the
defendant being Arthur Orton, The learned counsel ex-
pressed his surprise that Jesuit prieste who were dis-
tinguished for their great acquirements should never
have heard of the Garden of the Soul," which was as
well 'mown a work as "The Whole Busy of Man," or
" The Imitation of Christ." by Thome k Kemple. Having
read and commented npcn other parts of the cross-examine.
Mon, he disclaimed any intention to tire out the patience of
the jury, which, he thought, would militate against the in•
knots of hit client, and promleed that he would •brldge his
remarks as much as possible consistently with the duty he
owed hi. Cllol3t. The defendant had (he proceeded to re-
mark) been misled by its being suggested to him that some
thing happened to .boy on arriving first at ntonyhurst.

Tn-e Co-rd Chief Justice said It wee evident air John
Coleridge had oontotutded the plalloaophere with the
*cholera.

Mr. Hawkins: At the tlme we had very little Information
about Stonybunit.

Kr Kansaly sad It was hardly lair tor the learned counsel
to say the briefs were incomplete.

- The Lord Chief Justice : When the oonduct of a counsel!'
In queellon such PA explanation may properly be given. It
does not prejudice the defendant.

Dr. 'Conway 11 the defendant was cram-examined on
manifestly untrue instructions moms allowance should surely
be made for him.

The Lord Chief Justice Would it not be sufficient to say
incorrect"?

Mr. [tensely : If you like. Incorrect Instractlons were
also given to counsel as to Dublin Castle, fowneley, and
other places. The briefs appear to have been drawn up in
a crude and hasty manner.

The Lord,Chlei Justice : They range over e whole lifetime
I do not with to provoke any unpleasant language, but
merely desired to set the Attorney-General right with the
°our' and the public.

Mr. Henesly : I had no wish to set him wrong.
The Lord Chief Justielt: You ascribed to the Attorney-
General an intention to mislead the witness.
Mr. Kenesly : I entirely szonersted the Attorney-General
fr. in soy guilty knowledge of the Inaccuracy of his instrue
Mous, and said the blame rested with his instructor..

The Lord Chief Justice : That Is only shifting the burden
from one set of shoulden to another. (Laughter.)
Mr. Kenos', It Ins very serious thing If. man Is on his
trial for perjury Involved in answer* given to reply to gams-
Mons put upon incorreot Instructions
The Lord Chief Justice : That Is a proper subject for
remark, but I merely whhed to may that they had not the
right story about the phllosophen at fitonyhunk
Mr. Hannay They had from 1887 to 1871 to get correct
Information, no end of persons to rear rt to, and she money
of the Tichborne estatea. The learned rodent urged that
the noes-examination juattlied the Inference that in marky
particulan it was based upon false Ii [Nervation. It would
have been more pleasant for him not to say bitter or tar.
caatic things about the prosecution, but it was a great
pity that so many inaccuracies were suggested to the
oef,dant. How the defendant fell Into the blunders
if they were blunders—about Stonyhurst College, it was dim
cult to tee. After mentioning other inciCenn, the learned
counsel referred to the questloncput to the defendant about
the quadrangle which the defendant first thought was a
staircase, and afterward' • part of the budding, tile defend SD t
being under the impresaion the A ttorosy• Gsueral used the
words quedranale and stairease a. sp..) mous.

A Juryman : Surely you are nut lu earnest in adis,selog
each an argument tout?

Mr. Kenosly : I assure you Iwould not dishonour myself
by addressiag to you remarks that ware not made in
earnest.

The I.lrd Chief Justice: Was SI posaible for • lad to be at
Stonyhurst so long as Roger was and not know what •
qua ,rangle waif

Mr. Remaly referred r 2 Rogers French style of arithmetic,
and the erlttunetto found In the pocket bock found at Waggs
Wagge, when

A J mman said Are you aware, Mr. Kenealy, that the
same style Is adopted In Spanish arithmetic of putting the
quotient where the divisor should be?
Mr Keneel, I are not. The learned counsel pro-
ce. ded to argue that the defendant had not done a single
thing that an imposter would have done to bolster up hls
case. Although Roger kept no diary, there was evidence
that he made memoranda In • little book, and that was con.
flernatory to the defendant's statement. After referring to
of.M rircidente connected wit h St rnyb nest, the learned counsel
uked Mein to pay no attention to the question or the defend
atit's answer whether the philosophers lived in the quadrangle
to the right or the left. The distinction between dormitories
and generate sleeping apartments was suggested by the
Attorney. General. Toe defendant's statement of the
hour for retiring to rut and riling in the morning
was correct, and hie answer as to prayer. was • con•
wincing proof of his identity. lie state, the philoso-
phers sometimes went Into the church for morning prayers,
and at others Into • small church at tbe back which
was not often need, and he was coneerned In It by Mr John
Lawson, who stated that the philosophers attended prayer.
to a small church by themselves and by Mr. Waterton,
who called It "owe own chapel." hi Cann coulo not
have posted him up In the Internal knowledge of
Stanyhurst. The defendant's statement of the dinner hour
and other arrangements was virtually correct fie got into
• moat awful fog" about Hebrew, but it must be taken
that be was mistaken about It, and Ma attending lectures on
Hebrew was an equally wild idea, lila knowledge of Greek
was very small.

The Lord Cblei Jutlce Ile states that he got sn fez in
Greek As to be able to construe some passages in the Greek
Testament.

Mr. lichenly : Then, God help him, in all I can say in
answer to such statements as thin.! I cannot help him.
They are perfectly nonsensical. Nothing la more clear than
that he learn; no Greek or Latin there, sod, of course, no
Hebrew. Hts knowledge of Latin wee about as deep as his
knowledge of Hebrew, and if he had been shown • Latin
book he probably would have said It was Greek. (The de-
fendant, In fact, being asked as to rirsnt or Cer•nr, said he
did not know whether they were Latin or Grieet. Sod being
shown a l'irgi4 said be supposed it wee Greek.] Mr.
/tensely said Loge knew no more of Crum than the came.

The Lord Chief Juno., however, reminded him of the
evidence of more than one witnets that &ter had been
examlued iC COM6T and had canstrned passages in the Corn
',tertiaries.

Mr. Remaly admitted that this was so, but said it was
an isolated instance. [The evidence of Father Hann seas
referred to, which elated this, and said that Roger read
In the first book of Career, and had some knowledge of
Latin Grammar, and that be wee acquainted will the first
book of Euclid. The evidence of Father Etheridge also
was referred to, which statcd that Roger had been era
mined and tested by being put to construe Caesar in order to
aacertain hia proficiency I Mr. Kenosly went on to urge that
his client might have forgotten all that he had learnt of
Latin or French, and be quoted Ira support of this view a pas-
from • reoe t work of Sir Henry lielland, Menlo! Patha
logy, in which that accomplished man states from his OI•11
eantrlence a case of transient failure of memory resulting
from bodily fatigue. He my,:—
'1 descended on the same day two very deep mines In the
Harts mountains, remaining some hours underground in
each. While in the metonsi mine, and exhausted bath from
fatigue and inanition, I felt the utter Impossibility of talking
longer with the G-rman inspector who accompanied me Every
German word and phrase damned my recollection, anA it
wee not until I had taken food and wine, and been some time
at rest, that I regained them."—Mental Pathology, by Sir
Henry Holland, p. 167.
In this kind of way sir. Kenealy accounted for his client's
nen-recollection of Father Pater at dtonyhuret (who taught
Roger English;. His answers were

" I remember the names of Petra and ArundelL as of two
young men In the college, but I don't know whether they are
now Lord Petra and Lord ArandelL I have not Inquired
Into the fact " And again :—" I don't remember the theme
of any priest or punts at Eitonyhunt with me except Pure,
Arundell, and Wilmsley ; " and, afters ards, he amid he could
not swear that • man named Petra WU there at all while
he was there, and that More was no such person among the
fathers.

The Lord Chief Justice observed that it wu evident the
defendant had no idea of Father Pater when he gave these
=PM%

Mr. K enealy : No doubt: and assuming that my client is
to be Judged like other lain, there Is no answer to be made ;
but I submit that he is not to hello Judged, for the reasons I
have suggested. And he went on to suggest the same
explanation of other similar answers. On toe other hand,
he took credit to his oiled t for remembering Father bird
(one of the witnesses), though it appear. in the evidence
that he had lists of tern fathers in itoger's time
forgethilosse of Father Pater, Air. Yeses', urged, showed
incubi had not studied or prepared himself for examina-
tion, and then his rec Alection of Father Mad was, for the
same reason, to be taken as an instance. of I:el:1111ns recol-
lection an an evidence of identity. Going on to notice hie
Client's answers am eb Salk• Of his leaving Stonyhurst,
' the beginning of 184g' Mr. %mealy said hu Cu were
wandering." He swore also he was ill at the time he left,
and that this led to has going away; as to which Mr
Homely suggested that it might have been then he went to
one of the cottages. Oa this, however,

The Lord Chief Justice observed that thle vu quite Incon-
sistent with the defendant's story, wbioh was that he went
to the cottages when he first went to Stonyhurst.
- -

_
Mr. Kenosly : No doubt It la so ; still I suggest It. (The
evidence u to the time at which Roger left, the evidence of
the College hooka, of the lettere of Roger and his father,
and of wiliness., was that he,left aa the others did—of the
usual summer 111010,1011), Julj, 184&)

At the usual hour the Court adjourned. At the
clam of the day Mr. Kens&ly had only. got through
about • quarter of hb client's orcerexartunation.

At the sitting of the court on Wednesday mornisg, Mr.
Lineal,. before recommencing his speech, alluded to • bet
he called a daring prediction in one of the morthig new-
papers toot his address would be continued for thirtrelz
days longer, and said that so far front there being say
foundation for it, he hod directed that the hist Utah of hls
erltneees should be ready on Mende) OSA
A Jummen : Another newpaper appeared to mate a
better prophecy, and says you will dulab on Friday.
Mr. Lemma, said he would endeirroar to Satoh 00 that
day, but It not, early on Moodily, and he wow/ then he
moat anxious to come to the real pntots of the conflict. The
learner, motel then said that before he prooseded further
with the erods-exualnatton he would deal with the most
credal tat ia the caee—the alleged tattoo marks—in the
confident belief that he would be able to give • complete
end absolute refutation to the story set up by the pro-
wl:Pion. There were between eighty and nine'y "ant... 101111 In arm of &Ter Tichh,rne in the Cerahinecrs
w-uld pledg, Vide oath to the ,denity of the It.
leudent, and wesid satltfl there as regarded that story

that ear or the Vlinenses roe the Crown bat than-
selves to s fatorlostlen, sad MK others were na4a.
the hillososd or • delusion. Re won'd also call other
witnesses. who would prove that Roger Tichborne was not
tattooed. fihr then proceeded to analyze the ITl6lloollaiready
addionala that albint, inehading that of the Abbe Baba
and MaOW* and When ilisaelllon. He oomplaised that '
the dant/Met the two latter, a girl of seventeen, who wee
present when Roger was usid to have exhibited the snarls%
was not called to corroborote their testimony. 111. IYArassu,
the meet intimate friend of Roger in Paris and to whom
he must have related the aircamatanoes under which the
tattoo marks were made 1/1 Brittany, bad no recollection
ehatever of ever having heard of or sum the
marks. Then the Rev. John Elgey Ives another witness
who spoke to the marks, but he could not say when or where
ha law them. It was important to recollect that he was
°minuted with New Hall Convent, the favourite convent
of Lady Doughty and Miss Doughty, and an Institution in
which the family took great interest. The witness said that
Led) Ticshborne, for whom he had evidently very great
respect, mentioned the tattooing trot to him, and she had
stayed for a fortnight at the convent. Lady Doughty was in
ill-health at the time, with great anxiety on her mind as to
the approaching trial, and was anxious, no doubt, to get as
many persons at she could who were likely to support the
tattoo story, and thus render it Improbable that the defend-
ant oould be Roger Tichborne ; and, consequently, in that
way render It also improbable that there could have been any
inch relation between him and her daughter u had been
suggested. If any person in the world had a powerful motive
to get persons to take the particular fatally view of the
matter, it woe Lady Doughty, and this reverend gentleman maa
ilkely, on the score of friendship and esteem, to adopt that
view which she felt to be all-Important. A singular fact in
c snnection with this subject was that no other person seemed
to have been present when Roger showed the marks on his
prey to any one, and this threw grave suspicion on the
evidence of some of the witnesses. It might be supposed
that a priest who passel a We of amootn tranquility, with
little to disturb the current of his thought+, would of all
persons be the one to have such • circumstance as the exhibi-
tion of tattoo make firmly fixed oil his mind, yet beyond •
general recoll,ction of seeing them he could give no par-
ticulars Then am regarded Lord Bellew, who add that
he tattooed Roger's arm and that Roger, in return,
tattooed his, Mr. Hannay, alluding to the saying
that Englishmen loved lords, said they loved truth and
justice more, and when the Jury had honed the °dicers soldiers,
persons of dieLincilon 1113t1 high standing whom he should
call, he was confident they would arrive at the conclusion
bayous' a shadow of a doubt that the tattoo story was false,
and if no it most be deliberately false, becatue Lord Bellew
gave chapter and verse, time and place. Referring to Lord
Bellew'. correspondence with MI. Bo wker to show how Ida
first vague recollection of the marks grauually grew into a
certainty, he complained of the latter not having been
Galled, Depute he could have cleared up some important
matters that remained unexplatued, particularly the atory
about Roger and Miss Bellew, and said he could
hardly assert that Lord Bellew invented the tattoo
Incident from mere caprice, but rather suggested that
his motive might have been that Roger waa wanting
in something towards his stater. But whether Lord Bellew
had any motive or not was • matter of indifference to
11101 tle was under no obligation to him to prove the
motive, even If he had the mean., which he had not, of doing
so ; it was autholent if upon the esti lance they could not
avoid the 0010 C salon that there was something about Miss
Bellew in Ireland known to Mr. Hopkins. It was a very
great pity that the recollection of Lord Bellew did not revive
under better auspices than those of Mr Alfred Seymour,
"ho had the stroogent and most reprehensible motive for
supporting the tattoo theory. Mr. Kauai, then said that
another anthem, on this part of the cue was Mr. Gerald
Fitzgerald, &member of the Wally.
The Lord Chief Justice Wed what was the relationship.
Mr. Hamealy : A brother of Sir Lucius Fitzgerald. _

- -
The Lord Chief Jostles: That gentleman wee a member of
the Wettent Circuit for malty yam I do not think he Is
any connection of Mr. Gerald Fitegerald.
Mr. Ilairldne : He Is no more Us brother than I am.
(lwaghlor.)

• -
Mr. Remaly supposed he had mad* a mistake, but, at
any rate, this witmas's evidence was of limit very unsatis-
factory, as he could not kit the particular nature of the
marke. The learned counsel then proceeded to argue that
in eome instances the witneases might have been deceived by
seeing eomething which resembled tattoo marks, and dwelt
upon the fact that Mr. (Irrsld Fitz terald did not see the
marks until after Roger had retired into another room and
came back In his dressing gown.

The Lord Chief Justice asked if his theory was QM Boger
might have painted hla aim.

Mr. Henea-ly : Yes, that is the solution of the whole theory.
It is one of those practical joke* which tills young man picked
up at various places.

The Lord Chief Justice Then you do my the same thing
waa done with others to whom he ehowed hie arm?

Mr. Kenai'ly :

The Lord Chief Justice said the learned counsel had a right
to make the suggestion to the jury; but It was for them to
adopt It or not.

A Juryman : The Irish billiard marker said he saw them on
Roger's arm when the latter was washlog hia haods
Another J aryman Were blue pencils common In those
days?

_
Mr. Kona*ly said he could not give evtlence of that, but
they could go back to the date of their school-days. These
emblems on his arms that were spoken to by the wituemes
wore but transition pictures, ouch as poor artists put upon
the fisgstones in the streets for the purpose of gaining a few
pence, and then, having accomplished their purpose, ob-
literate them.

The Lord Chid Jostioe note are done with cha k, not
whit prucll.

Mr. Kenealy : Oh, my Mid, chalk will &lawr my purpose,
or anything that leaves a blue mark on the skim
The Lord Chief Justice The emblems are those to which
ROMall Catholic attaches very great sanctity.
Mr. Kane&ly Oh, no.

- .
The Lord Chlet Justice I have heard them spoken of as
Roman Catholic emblems.

Mr. Kenzaly There is nothing sacrel In them.

The Lord Chief .la4lce : They are understood to reprereut
faith, hops, and charity.

_
A Juryman maid the heart was considered a very sacred
emblem In the Roman Catholic Ccurch.
The Lord Cnief Justice I should have thought that it
R 'ger retorted to this practice as fraud he would hare used
some other emblems.

Mr. Restudy :J don't mean to say that R or used them
for the purpose of casting ridicule on the emblem. of his
Church. The ',Awned counsel keying commented on Colonel
Blekersteff's evidence and his saying he had not previously
mentioned the tattoo marks—

Mr. Justice Mellor said he et first thought a trap had
been Isla for the learned caustel, and If it hod been remould
have berm v,ry sharp practice. Fa. learned Counsel very
nktarelly fell Into lt, awl for that retson he (Mr. Juatlce
Mellor) asked the quevalon whether Colonel ktlckerstaffe hal
mentioned the tattoo marks before, and then it was the
ci, hel gave Lis reason for not dolug so. He had no alter-
native but to answer the question.

Mr. Kenesly next referred to Major Bolt's evidence, and
Ms statement that although he had helped to pull li,ger out
of bed, he could not say for certain that he saw tattoo marks,
as he wou,d if Roger had been permanently tattooed ; but
he ball an impreesion that he was though he would not
swear ene way or the other. William Bandon had n
recollection when the defendant arrived in England that
Renee was tattooed, and it was only when he read It to
the newspaper. that It came back to hie memory. If the
marks hat been there they meat have ma le • deep. impres-
sion on his mind, and never could have been forgotten. Mr.
Talbot, • near rslative, spoke to seeing the mark. when they
were bathing, and Mn. Mlanuock sp”ke of Roger wearing hie
trousers Wilen they bathed at Stony hunt. II It suer did it
from Continental reminiscence' at StonyhUrst why did he
not at Tichborne ?

The Lord Cole! Jostles sad th. y both wore their trouser.
when they bathed at htonyhurw. If It was done for the
purpose suggestel in one case, why mould it not have been
done.° in the other. It could be need both ways
Mr. Kenealy : With all my heart. (Laughter Roger
showing these marks to his female relations was a hoax.
The Foreman faked whetter after bathing the marks
would not have disappeared.

The Lord Chief Justice said that Mr. Talbot bathed with
Roger two or three years In succession. First, Mr. Talbot
saws heart, anchor, and something else, but when he saw it
the neat year something had been added. It was a remark-
able thing that It should have changed.
Mr. Ammar said it was a changeable hieroglyphic. No
one gave a correct account of it Roger might bay. used
Dater (Laughter ) Ile suggested that the jury should Sr,
the eflect on themselves. Roger might hare mod chalk,
peed', or paint, he csred not winch. The only person who
could tell them wLich was used wu the defendant, and a.
his mouth was shut he (Mr. Kenealy) tont 1 on'y suggest t•
them with what it was done. MI.. Catherine oreenwood's
evidence varied from the others on this matter. She de.
dined to swear 'that she saw the marts, but Roger offered to
show them to her. Goeford could not bring forward any
specific time when he saw the tattoo marks, but he ism
fully impressed with the bellei that Roger eras tattooed.
6...f0rd had some compunction about this, as he
had about the horse " Plenlpo." Lady Radcliffe Arai saw
the marts when she wanted some flowers out of the water.
She said he turned back his sleeves, and then she saw them.
She said he showed his left arm, bat why he should have
used his left hand for the purpose he (Mr. Kenealy)could not
imagine, unless he wished to give her a Math with the paint-
ing on his le t arm.

A Juryman said that Lady Radcliffe did not say that Roger
picked toe flowers with his left hand. lie might have had
both hie sleeves turned up at then= time.

The Lord Chief Justice all it might be that he held on to
something with his right band to prevent his falling into
the water, and have plucked the flowers with his left hand.
Mr lieuealy said the explanation should have been ob-
tained by the prosecution. She was not asked.

The Lord Chief Justice said bes Aime the difficulty wily sug-
gested itself Su the learned counsel.

Mr. Kammly proceeded to say that Roger offering to tattoo
bb female friends and relations showed that the whole thing
from the beginning to the end sias a yoke on his pan.
Um Nangles said the marks were about two and a-half
inches from the wriet, mid that vu remarkable and
Important, because II they were so low down as that
lady described, those who came daily and hourly into con-
tact with Roger most have seen them. It was singular that
several of the witnesses said that Roger showed them the
I minks In fun. Some of the elitism. said the Initiate were
lengthwaye, and others that they were micross the arm, bear-
ing out the I harry that they were not permanent marks, but
made for the moment and for • purpose. Miss Caroline
Nangles vu tee nineteenth Intone called to support Una
wonderinl theory of the Tichborne family. Colonel George
Greenwood, ahe said, was prawn; at lunch time when the
marks were spokes of, but that gentlemen had no knowledge
oil;. There must be some great and grievous mistake some-
where, but he claimed Colonel George Greenwood as • wit-
ness In hie favour, and one of great value on the point from
the additional fact that if Roger had been tattooed
Colonel Greenwood must have seen It when Roger
asstited him in building tbe barrow. 314 ir Henry
Naugle' was oily able to s..eak of the itattoo marks
from hearsay He said he thought Roger told him he
was tattooed. IL was of no value, anti was lugged iu as
many others as make-weights into the case. Jeremiah
lieley, from Ireland, vu unable to distinctly apeek to the
marks, or to say they were like tattoo mark, be had seen ort
other people—soldiers but Union gentlemen. Was not what
he maw • remnant of one of those pictorial emblems Roger
was In the habit of making In fun, and did It not establish
that it was not • tattoo mark? He claimed this wit Iltlls also
as • witness in his favour.

At the reqaeat cd a jurymen, Mr. Kenealy read from the
wlt..essk re-examine Jou 1., Mr Elawkius a remark that he
did not see the marks wash out when Roger washed his
hands.

A Jurymen : It waa not a pencil mark.
M. Sancti), : I can't tell what It wan

The Foreman Was it paint?
Mr. %comely said it was one of those unfortunate things--
the taut:ling—which had been dragged head and heels Into
toe case without having any bearing upon it. William Scott,
the infirmatian at Sionyburst, spoke of the emblems, but
he was at fault as to the date when he saw them. Mra.
Forward described the Marks as being very Indistinct when
she saw them, from having been put on several days before
the, too, had no recollection of the character of the mark. or
their exact ;coition on the arm, again negativing the vlew
that these were permanent marks. Alfred Brand was the
teidity-fourtn witness ailed th support the theory of the
prosecution, hut he strengthened the preposition mit forward
for tl'fidefence, and offered a m'ution ot this difficult poiht.
He saw mark., bat he was unable t any what they were,
giving the notion that they were perpetually shifting /hinge,
and never the mum on the menu othesieu.
Mr Zuatin. Lushßoger was rutils'eg the arm with dock
How was it he slid not rub the marks out?
Mr. Henealy mid the witness tld not any Rosa was
rubhlrg the left brat The troseeution ought not to
hare left it In doubt. The learned counsel referred to
Lady Doughty's deponiti no, in which she gave an aocount
of she tattoo =rata. It wm'short and Vitt y, butte declined
commenting on it at length, bt e slim It was much the same
NI that given by the other wifinemes, and he conoludtd the
day by referring SI the defendam'a e'reesetainination as to
hie knowledge of military matters.
-

Tee Court then ar,j ;trued.
[Oar pbct• precludes us from giving more than the
foregoing coudemal account of the proceedings.]