The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-09-20 00:00:00

THE TICHOOR:1 TP!"'

On Tneaday, (the ninety-fifth day of the trial,)
there WS/ an IIaIIAI • large ronel.lirt• of people at
entrance of Weatmineter Hall to greet the defendant.
The interlor of the conr', and particularly the gel.
Who, were crowded.
The judges took their seats at a few minutes after
twelve, and the fleet witness called was—
Thorns' Hart•—examined by Mr. 'Canard,' I was formerly
• private in the eth Carabineses. I joined on the 22nd
January, 1247, at Island Bridge Barracks, in Dublin, and
rentable,' to the regiment till let March, 162, whim I was
tranderred to ath Dragoon Guards, where I remained over
..you ~,arg, tam .12 years of age now. I knew Mr. Roger
Tichborne, Milled with him immediately after be joined
the regiment, and eaw him sea squad officer daily.
Bo you see Di in now In court —I
..10, air . there
she. Is.

- ,
\mid you describe what he was In those days t—lle was
very prominent in the forehead, he load a twit( hing, or lazy
sort f winking oithhle eper. heavy eyebrows, broad shoulder*,
..d 0,1 chase lie wee knock kneed, and small made from
tdi hips downwards. His hair was a shade of light brown in
eo:our. It seemed a little lighter than the defendants. I
cannot say that I particularly flatbed hla lands or bls feet. I
Ssel in March, 1872, and 1 next saw this geatleman
at Colchester in January, MS. I saw him on two
occadons at the Three Cups Hotel, Colchester. I knew
him when I saw him. I had • conversation with him
at the'• Three Cups "on thefts& time I saw him. lam not
certain whether 1 had any conversation with Mr. l'ichborne.
ill was in fault It would be his duty to speak to me. We
n. enmed in conversation during two or three hours.
Moody, Carroll, end Robins were there. We had • general
conversation. Moody asked who shoed him horses. He
remembered. lie told him that he (Moody) did. The De-
fendant arse asked about the Portobello Barracks. He elated
that he remembered the site *I the barracks where he was
quartered. I cannot remember anything *lee that was
Milted or that he remembered. I noticed his features and
manners during the Interview. I saw him walk across the
room, I recognised his being In-kneed, and his gait in general.
I was then perfectly &eddied that he was Roger (Idris* rich-
borne. The second interview was in the mine Morn. The
Interview lasted about two hours, or rather more. There
was • lawyer from the town present to take my affidavit, on
the second occasion I don't recollect that anything particular
, except making the affidavit. I saw him at the trial
L'11:: ether court. I did not have any personal communi-
°Won with tem et the other trial.

Croas-smasalned by Kr. Hawkins: What la It you my you
him by.
By hia prominent forehead, and the uneasy wink-
Os or tartiohlag at Ole eye—by Me shoulders, lisicheet, and
toocked-knee.
WM& knee was It I—The right
ma Lord Chlei Justice : Do I understand you to say that
only one knee was lu
Witness: Much mornthaa the other. _

Do you mean tharboth knees were In or only one I—l mean
She right one.
Yr. Dawkins . Do you mean that one or both knees went
b
Wltneas : I memo that one went In a good deal.
Do you recollect whether the other did go In or not ?
I believe not.
Do you recollect enough to be able to any with certainty if
Me other went In or not I—l think It did nos.
You said he tad • tlaf chest t—las.

Dread ?—Yea
And broad shoulden I—Yes.
The forehead you say was prominent ?—Yep.
High! -Yes. What I mean by that lilt rather came out.
Do you mean that It profected I—Yes.
Wm it a broad forehead ?—No, not to say broad. What I
swan is that it waa with the scofe of an ordinary man's
testares.

I do not no. what you mean by the soots of. man'.
ledures.—Well, I mean the dee of It—don't you understand
met • - •

NO, I certainly do not. Do you recollect the colour of the
eyes o.
Can you tell me whether they were light or dark 2—l
could sot . • •

Can you toll MS If they were sunk In the head ?—They were
rather sunk.
• - ••

And the eyebrows f—They were heavy and dark, tendbsg
to the tame colour as his hale.

Jrt deiscribe the twitch or wink t—When he spoke he had
Ow habit
The Id Chief Justice Do you mean that he depressed
the brow, or elevated the head I
The witness Mu:Mated what he meant.
The Lord Chief J mike lhen it WU a depression of tint
eyebrows.
ALE Hawkins You have men people often raise their brows
when astonithed or excited ?

Witness Yee.
Tot don't moan that ?-5 o, I do not. It waaa sort of

Was that • constant action when he was talking I—lle
could not speak to you without doing so.
Supposing you had conversed with Wm for • minute or
twe, would he do it twenty or thirty Limes 1-1 would not say
that, because I don't know that he could du it so many timer
In • mhoute ce two.
Was it rapidly done and often repeated I—Yea.
Dad the winking oease when he was not talking !—That I
don't know.
Could you tell whether he winked when be was not BLit-
t:lst—She only time I saw him when he was not talking was
when his back wan turned to me—when he was leading filte
'soon. I could not see him wink then.
Do you recollect the appearance of the rest of his faoe
—His features than were rather longer than they are at
present
And his kali% as I understand you, mu lighter than It Is
now I—lt WU something lighter
What sort of • voice had he ?—lt was a Ilttletlpped with
the French accent.
Was it • soft, clear voice i—lt was a soft, ea.) voice.
A mild sort i voice I—Yes.
Where did you last see him P—l saw him this morning.
(Lellirater.)
I mean when Roger Tichborne was in the regiment 1-1
led law him In April, IMO, at Portobello Barracks in
_ .

Da you remember whetber Carter war In the regiment I
I nays, knew him.

You knew a man named Carroll —I knew Michael

li—tras. at (241theeter, on the 25th of January, that you first
am the Defendant ?—lt Ira!, . . _

More you asw him had Carroll been to yon?—Carroll
same to me at the barraclu ou the Sunday evening. The 28th
was on a Monday.
- • - -

How long was Carroll with you might have been
live minutes In gm room when he listed me if I had any
recollection of a man of the name of Tichborne, not naming
Li! mak.
Wu he with you from 10 to 15 minutes 1-1 have nuts
doubt that he was.
Did you know that Carroll had been to Croydon. and had
Seen the Defendant there 1-1 did not.
Mr. Kemal, : I object to that, 0,.*P4 Ii came from
CarroL
Mr. Hawkins Is Carroll
witeaw I believe cv ii staying somewhere near London.
tawegia dub,n io this place on Thursday or Friday.
what in the morning did you go t !the " Three Cops r
homy. It was between nine and ten.

snore were tour of you did you ail go together /—No, I
want down by myeelf, but I was joined. there Immediately by
the

—Dt; you—remember who went In drst believe I was the

How long were you kept welting outside 7—it might be,
perharo, 15 Minute', Of more.
Are you sure it was not Carroll who went In first I—l be-
lieve I went In grit to the room where Sir Boger was with
scene other people
Do you know Mr. Balgent at .11?-1 do not.
Can yea tall me whether there we. a little gentleman there
with one eye /—There was a men who wore ipectaciek but
whether he had two eyea or not I cannot FAL (Laughter.)
He we. a light, little man.

A thin little roan ? —Ye. I pointed hint out to you, Mr, M
the other tett'.
.

Was ficai the gentleman I had several days conversation
wllls In the without-box . —I recollect no more than seeing
Lint writing here.
Mr. Hawkins It wan Mr. gaigent, my lord. Quite right.
Ms. Kaurely ion have co right to say that. Really thin
b too bad. I must ask your lordship to interfere.
Mr. Hawkiaa Vary well, my lord, I will withdraw It.
I:Laughter )
Witness: I believe this man was only a cleric
'The I.Ord Chief Justice: ion do not know who he wall.
Witmer No.
Itr. Rawldus: At all events he was a little, light man, thin
In the Lace, who was at the last trial, sitting down writing,
and he had apectacias ?
Mamas : Yea.

ss.
Was there any gentleman there named Rouse I -There
might be Rouse or (house, ler anything I know. (L laagh.)
Was Wore swam gewllemsw Slurs I—There wu ; he was
tell man, and Mr. Ilawkins mid at the laat trial that it wee
Sir Spofforth
The Lord Chief Justice That could not be.

No;W_,. Uawklna thee la a mistake. Dtd you ever see
Mr.ROUIP

,
Witness Never to my knowledge.
Bow long were you there l—Not very long.
Did you recognise him at first I—Perhaps a few seconds.
Did II idylls you that he bed grown stouter saw that
he wee stouter.

Did It 'Wks you t—trot particularly. I bare Won o m.y
ring dim fellows join the army and grow to be big, stout
MM. I don't consider there woo anything remszkable in his
getting floater.
The sheet—Tea that the tame .—Yes; but stouter end
lett4a.

ih.e.shouldere ?—The urns, but stouter and fatter.
The ',lnking I—Jut the same ;a laugh).
And the votoe Y—That, It any, wee rather Improved ; I
Wald understand him better.
. _

Hid the Ypinch acessh'i-g7i;e ,—Th•re was & little left.
You said at Moody asked If he knew who shoed his horse
that Moody was preseritl—Yea we were all four in th
loom together. . .

By the Lord CAD( Justice.-He we. dressed as serjeant
mid shoeing emith-.111 a lioree-shoe and three stripe..
Did you know M'Cuti knew him in the reelnient.
Row long did he stay with you when be came to you on the
Sunday t-About ten minutes.
rr body in the regiment would knowthe .hoeing troop?
-Bach troop he. it. own farrier and aesistant farrier.
What troop did ht'Cann belong to '-1 dou't recoil. t.
On which side the barracks at Portobello liamcks did
bogey Tlchborne Its ?-0n the rlghthand side.
DUI the small thin gentlertuin with the spectacles speak to
yon!-He made out the sMiarits.
The following day -you were there two hours t-On both
days, fully that.

-
11e-examthed by Mr, Ken : The eyes of Roger were
sank hi, and he appeared to be unsound In health. His
complexion was !mallow. 16 was a long thin face. In giving
Ike word of oommand bewail hard to undenland—his French
accent and the quality of Ma voice, but principally the former,
wan the sense of that.
Von say that Carroll came to your room on the Sunday
evening—how bug was he there? Carroll came in and sag
down, and asked me if I knew a man named Tichborne In the
V.eltwidos objected to the recital of this conversation.
The Bench ruled that It was In order.
Mr. nankin.: 1 objected became such a course is likely
S. lengthen the crou-examinstion.

Be-examined : I said I remembered a person of the name
Si Tiekbome, and I was anted to be M the " Three Cups" the
next euelog to judge for myself. I see Captaln *sear in
court. Ile was our serjeant major at one time Ido not
know that I ever saw House Ide not know that lever saw
halgent. I see a person sitting by the right of Captain Fraser.
I do not know that I eves saw him before.
Kenealy That Is Roth.
The Lord Chief Justice We. Mr. House there?
Vinare: No, my lord.
Ite-esatolnettou continued—To my knowledge I never saw
that man in my life before. I noticed the French accent of
the Claimant; there we. not much of It left ; but what there
Wu we.. In the general.
Mr. Hawkins: Will your lordship ask the witness whether
Carrot, in the Calfse of that couversatioo, before witneu
saw the defendant, told him he had been at Croydon and had
the defendant
Th. !OM Chief Justice: Did Carrot tell you that?
withe. Me did lot, my lord.

The next witness wag Patrick Barry, now • grocer, but
who had been in the regt bent. He remembered Mr. Roger
Tichborne, who was cornet lfl hie troop, and who had spoken
to him sometimes He described him as slight, with heavy
elebrowa and dark brown hair, and • twitching of the
eye., riposting with broken gogLigh and a foreign accent,
with a peculiarity In walking, the rtgLl knee bent inwards
• little. His hair wee a little lighter than tLe defendaot'•
lie saw him now In court (pointing out the defendant), and
We. quite lure of IL lie lint hoard of Roger's return In
1887 ; he fine taw the defendant, after his return, m
1658, at the Queen'S Hokl, in Leeds, whim witness lived,
Ia conesquence of. letter from Mr. Holmes On October,
1887), that Mr. Tlchborne had returned, and then a met-
sage to kite, telling him that he wis at the hotel, which
was as the end of January, 1868. When he went to the
toted he *eked for Mr Tichborne the waiter mid ''Slr
li.gerr see hooded him into • room, where the defendant
walked into the room, and called him by his name,
"bury, how do you do?' Witness reoog-
BINA hhi ram, and the upper part of hi, feature.,
and his heavy eyebrow", and he also reooknleed his walk.
Hi voice better Baglieb, bat Shell was still the foreign

accent, though not much. With.. eat down with him and
ar,versod • ith him *boat the regiment, and the questions
I the defendant answered quite entreaty He first
A at him who c.ammanded the regiment when he joined it
Wet he said Colonel .rackson ; and who next? he said Colonel
Oates , Who WAS the adjutant? anal he said Captain Bicker.
tali (who hae been examined as • witness for the premiee,-
!oho was paymaster ? and he said Captain Menders
(obi a • witness for the prosecution); who was the
terjeant major who drilled himl and he said Cap-
tain Frazer (who also haa been a witness for the prose-
cution) who was quartermaster then 1 and he said
Captain Phillips ; who was hie servant in the regiment 7
be arid '..Peann (who was in the defendant's settled.), adding
that Chalk had been his torrent when no first joined the regi-
ment, but he was killed by a horse in Ireland. Then he asked
tiler Captain Plnkney, and witness mentioned a certain Ina
aid then defenatant sold that at the time he was at •
ball In Ciouniel. the defendant said, "Barry, do you re-
member when the regiment had enters for India, and when
they heat orders t wear blue instead of scarlet? On the
wh ale the witness sold he was quite convinced he woe Roger
Tl,lll,otee. Anal he was examined at the Ira trial on his
Lebo! fa

cr., eimulnatton ho soil Mr. Holmes had writtnn to
him to know whether ho remembered Mr. Tlchboswe of
thc carabineers, awl he wrote back in return that he
did, and had distinct recollection of his personal ap-
pearance and also of conversations and personal incidents,
and he mentioned the name of another man in the regi-
ment. Mather, the trumpeter, who was a witness for the
defendant at the former biol. The witness waa sent for
to the queen's Hotel at Leeds to see the defendant, and
was told that Mr. Tichborna was there. Ile knew M'Cann
had been Mr. Ttchborue's servant, but did not know he
was then in the service of the defendant. (The Lord Chief
Justice ohaerved that M'Carin wag not In the servio of the
defendant, though he had been living with him from March
1807. kl'llann, the witness said knew all about Clark having
been killed, for he succeeded him in the service, and
Mc nun also knew about the orders for India and the
orders for change of diem, etc. 'nu witness, who, however,
said he old not know that M'Cann had been living with
tho defendant, admitted that the defendant's answers to
hie questions confirmed his belief that he was Tkhborne.
The conversation with the defendant lasted about half an
hour. 'The voice seemed the same, only improved It was
good English, though in one or two words he thought he
detected a foreign accent. Asked to look at a photograph
of Roger, wttneaa abruptly declined to do so, but at last,
being pressed to do so, reluctantly consented. Being shown
the Chili daguerreetype of Roger, he said he saw no Like-
DOSS.

In reexandnation, the witness again said he recognised
the defendant by his voice and features.
Michael Carrot I ant 63 years of sge. I joined the Cara-
hineen In 1831, and left the regiment in lad. J. was then
transferred to the Mb Dragoon Guard., and remained until
Jane, 1.60, when I retired on full penalon, and with a good
conduct and long service medal. lam still Colonel Swim
fen's servant. I remember Roger Tichborne joining the regi-
ment. Wuserved in the same troop, and went together at
Ilitthmlon chapel. 1 ant quite certain that the defendant is
the same man. Roger was about 11 stone weight, and
Ift Din. In height when he Joined the regiment. He
had dark brown hair, as near the colour of the defendant's
as possible ; he had • rather high forehead end thick heavy
eyebrow., with a twitching when in, conversation t he had •
clumsy walk, and the right knee gave way a little and turned
In. I left the regiment in November 1851, when I lost sight
of him. I saw the defendant in December, 1867, at Wel-
lesley-villas, Croydon. M'Carin Invited me to call and
see the defendant. M'Cann called on me at Colonel
Swinfen'e, and I went with him to Croydon. I
announced my name, and I was shown up In the
drawing•room. M'Cann had left me and entered the
house the back way. I rang the bell at the front door.
M'Cann had previ 'xi/1y told me he was staying with the de-
feadant. I walled In the room for five or ten minute., and
then the defendant appeared. He was very much stouter
, than I expected to see him, and I was ten or Oft en minutes
before I could recognise him. I recognised him from his
convertation, the form of his forehead, eyebrow., twitching
of the eyes, and his welt Ile had a good high forehead, and
that la the only feature loan speak to distinctly. lie twitches
his eyebrows like the original Roger. He waked round
the room at my request, and I recognised his walk. 1
was with him a couple of hours, and had a long cow
venation with him. I mked him the troop to which he
belonged. Ile said, "The I' troop," which was correct. 1
Naked him In which part of the bairacks they were located,
and he replied, "The corner called the back wing." That
was mitred. I &eked, "How were the men put up?" lie
said, 'in two large rooms—me on each side of the pa..
sage.' 1 next asked him how the troop horses were put up,
and he said In the stables under the rooms. I
then asked it the whole of the troop horses were so
put up. Ile hesitated for • short time, and then he
said there was a detached stable. It was all correct.
I wised if there was • particular horse in the detached
Mahn., and he said there was a gray one. There were
a great many grey hones in the regiment, but there was only
one in that stable, used by the trumpeter. I thought if he
could not answer these gnostic., of thinge well known In the
regiment and to myself he could not be the man. I did not
tell 11'Cann that I was going to put the questions to the de-
fendant. All the time 1 knew Roger In the regiment he wits
In the }' troop. I don't remember his being In the A or 11
troop.. In my conversation with the defendant I recognise.,
the old voice of Roger. Some would call It • lisp—a eon of
broken Euellsb. Talus all thines together I came to the con-
clusion that hells Roger. I saw him again about • mouth after
at the Three Cups Hotel, Colchester. I was with hint three
or four hour,. I said very little, but listened to hh con-
versation with other.. I saw Thomas Marks at the hotel.
I did not give him any information about Roger lichborne,
or get anything from him that I communicated to the de-
fendant. I saw several of the witnesses on the last trial,
but I made no c.mmunication to them, nor did I communi-
cate to the defendant anything 1 heard from them.

Crosweramked by Mr. Hawkins : I noticed that the de-
fendant spoke better than Roger did when he was with his
regiment. On the former trial I said there was nothing par.
Muller about Roger's accent that I noticed. There was no-
thing to particularise about the voice in tone or accent. At
Croydon I recognised Roger's tone and accent. The de-
fendant spoke some words in broken English, but I don't
ran. llect them. The defendant read something to me, but
I can't recollect anything about it. It was a document
Ilae the paper produced ,an affidavit. I can't gay why
the defendant read it to ma. He might have said,
I'd lust read to you what Wild and Waddington have
said." After he had read for five minutes his wife came In,
and he stopped reading. I was questioning him and he was
answering Ina when he proposed to read the affidavit. I
really cant remember what he dld read. I was with
Colonel Swint., who was quartered at Colchester, when
I saw the defendant there. When I went to Croydon I was
w4th the cohnel in London on leave of absence. I don't
buoy how hi'C dm found me out. I talked over with M'Cann
several old matters connected with the regiment. The name.
of our old comrades were mentioned, our old sergeant-majors
and privates, and where quartered. ll'Cann asked me to go
with him and see Mr. Tichbome at Croydon. M'Cann did
eos toOl s Uso.t R.,gor h.I locreaatml 111 DMZ or 1111 i. 1
stated on the former trial that I had heard he was changed.
I must have heard it borers going to Croydon. I was
not three-quarters of an hour in the room at Croydon before
I recognised the defendant. I said so on the lett trial. I
beard nothing about other men making affidavits, but I said
on the last trial that I had heard it. Roger's hair was dark
brown, steal zht, and lank lie had a high forehead, but not
a broad or prominent 011,-. Pe had a fair sized manly chest,
nothing kigeon.brearted about IL. Ma shoulders were not
very b. oad.

Tie next wltnt,ss was dm!, w M'Eleny, who had been
trumpeamai or in the regiment in 12. Hit father (now
dead) had previously been trumpet.inej R In the regiment
and had taught li. gee the Freii,l horn in Ireland, where
the witness knew him in 1550 and 1851 Ile knew Mr.
Tichborne, he was in the mune troop, and used to see him
daily, and he produced one of his accounts with
Rower's signature to It. He remembered him well, and
pointing out the defendant, said to the best of hia belief he
was the same man. Ile remembered him by the upper
part of his is,. He remembered Roger'. shoulders ; they
were moderately broad," not " sloping " (se other wit-
nesses had said), and his chest was proportioned to his sire,
not by any means narrow, as had been represented_ lila
heir was dark brown, about the same colour as the defend.
ant's. He first saw the defendant in 1867, at Alreelord,
Marks haying asked him to go down and see him ; he went
with him and with Cairns and Dunn. He saw the defend-
MA at the station, and shook hands with him, and then
went with him to the" dean" and talked with him • quarter
of an hour. Ile asked defendant if he had learnt any Instr.
ment, and he said, " Yes, the French horn." He asked him
who taught him the horn, and he said that witness's lather
had done so He asked him some oth.r questions end Lad
tn. answers ; he recognized his voice, though It wee mere
manly, and he also recognized his walk as the same, though
firmer,

In crOseiximination, witness said he considered the
answer as to the French horn " c inclusive," though he knew
Carter, whom he saw at Alreetord. Lad been Roger's body
*errant.

-
The boolui of the witness were produced and examined,
and appeaftd to show the signature of Iteger Tlchborne on
the last ditys of May, June, and July or August, which, the
Lord Chief Justice observed, showed that at those times
ILpger was at Canterbury, but there wee an ambiguity as to
whether the last signature was for July or August. [rho
relevancy of this was with reference to the ;swage in the
defendant'. croseexamlnation already alluded to which
pia the seductions, in July or August]

A Juror asked the date when Roger left Canterbury, and
the Lord Chief Justtee answered that It was at the end of
October, and he then went to Upton.

The next witness was George Wilde, an Invalided
liter, now In a very ft.eble state through ilhreas. tie
said he bad been an officer's servant In the regiment under
aptain Jocelyn, and he knew Roger Tlchborne well, and
had often waited upon him. He weillremembered his.,
and he pointed out the defendant as the same, rec,iguising
him by the forehead, the twltching of hie eyes, and
the voice. Roger rode well; there was no horse he could
not ride, but his walk was awkward, his knees turning in.
Hie hands, however, wore very soialL The size of hie
glove was 7} He saw the defendant in the Spring of 1867
at %fr. Holmes's office, and recognized him as soon as he saw
him. The shape of hi, head and the colour of his hair were
the same. The voice, the, he recognized. That of Roger,
which he remembered, weas soft, though he spoke bed kinglleh.
The voice of the defendant was 'the very same." lie recog-
nized tile conversation at Mr. Holmees, where they talked
the best part of an hour. He had seen Roger playing at
various games, and had teen his arum bare, and had some-
times helped to bare his arm, when he wan about to box. He
had tied on his boxing glove, for him, and when he had wen
his arm, bare he saw no tattoo mark.. Ile was lure he was
not tattooed, for if he had been witness could not have
missed seeing them.

In crou examination the witnesa ..it he had seen Roger's
arum bare on several mouton., at the rooms of • Captain
Johnson (now dead) with whom he had been servant In Ire-
land. Asked whom Roger had lived with, he mentioned
Major Bott (she had been examined al a witness for the
prosecution, and mid hie Irnoreasion was that Roger was
tattooed) and Captain Pinkney (who has not been examined),
but he was not certain as to whether Captain Batty was pre-
sent on any of these occasions, nor could he mention any other
officer as present. Asked as to any mark on either of Roger's
11M311, he said he clever saw any, but he would uot go so far as
to swear that there was no mark of any kind upon them.
Witnem went en to state that among other thlnp he re.
membered about Roger was that on one occasion when an
improper woman had been brought Into him room by some of
Ws brother officers he was about to use hie sword, and Major
ICeter wrenched his sword out of his hand. lie then fired
a revolver at the Major, and the ball went through the door
of AlajA. Jones's room. I Major Foster and General Jones
have been examined, but this incident has not before been
mentioned]. it was, the witness said, no joke at all, this
matter ; tithe ball had struck Major Foster, It would have
been no joke. In answer to the Lord Chief Justice, he said
that Roger was not put under arrest or tried for Itrlue at his
brother officer.
The Court again adjourned.

The cross-examination of George Wild, formerly military
servant In the Carabineen, was continued by Mr. Hawkins
on Wednes lay morning at the sitting of the court. He said
that the bleeding of Mr. Tichborne at Canterbury was one
0: the things which was sure to be known in the barracks.
The fatal accident between Clonmel and Wilt to Clarke, Mr.
Tichborne's servant, wu likely to make an impression on
every man in the regiment, and would be well known.
Heard of some of the men being drank on coming from ,
chapel at Cable on Christmas Day. It vu another ,
thing that would be talked about • good deal. Larkin
and Fenton were among the men. it,membered
officers' thing. being thrown out of the window,
especially a chest of drawers, which was seat Out in two
division.. (Laughter.) There was always plenty of that
kind of work going on. Was not present when a young
donkey was put in Mr Tichborne's bed, but heard it being
taikcd about- It created a great deal of amusement. Once
a greyhound was dressed up in a nightshirt and put in his
master's bed. Did not recollect a pail of water being thrown
over lir. Satty's num, but there was plenty of practical
Joking, and a good deal of talc and laughter about it the
next day. Knew that Mr. Tlchborne bad two dogs—one a
large and the other • small dog—but did not recollect their
10,0201. Knew that Mr. Tichborne took snuff, and he some-
times carried a snuff boa, and at other times merely kept it
In his waistcoat pocket. The witness having been asked
e de-
attreXaer:llen.lastotsttga7 were geevnenetlldyernsedowntoinbyththe
regi-
ment, said that before he went to see the defendant at
ii denes's office, Carter called upon him at Sandhurt, where
he was acting ill the capacity of butler. There were also
Other old Carakineers at that College—Waddington, who was
dead. Sergeant Cairns, who was gatekeeper, Sergeant. riaJor
Brtitlebeal, Bear, end Fry. Before Carter came he bad seen

plenty of advertlasments and staterasals In the newspapers
about Roger Ti +borne being about to future home. Carter
arrived shortly alter lot cis and remained at Sandhurst for
fortyielght hours—remaining all that aftersonn and evening,
the whole of next day, and leaving for town on the following
morning. Carter went to Waddington first. He (witness)
had a conversation with Carter in the evening, but, as he had
ninety gentlemen cadete to attend to, he had not much
Urn. for conversation. Believed he Mated at the last trial
that they chatted a good deal over what had happened in
the regiment when Roger was tu It, tied not the least doubt
that they talked about old times. &light also have laid that
(lirter reminded him of things In the re.ilmeni which he had
for..otten, and that if Carter stated anything wrong, he set
him right. Recollected also saying that Mrs. Hayes'e crow
or rook was in the barrack yard when Carter was in the regi-
ment, but he did not do so from him own knowledge, but
from what he had been told. (The defendant mentioned
the bird at the last trial.) The witnese here complained of
defective mem, ry, and said he was more at to be in bed
than In the witness box

Mr. Ha•klus saki he had no obit etton to his taktng • rest
hut as Waddington, l'Arter, and Merenn bed died sine,e the
last trial, there were important facts which he could only
obtain front this witness.

In reply to the bench, the witness Ned he would prefer
going on now as long an he wan able.

Croleezam!nation continued : Carter told him that Mr.
Tichborne had got a great deal stouter but he could not re-
collect Ids saying that he had still got the twitch In hls eye.
He might have done so, and be might alio have said that
there was an alteration In Ms face. Carter went to the
public. houses drinking and talking to people at Sandhnnt.
Ile WWI all over the plane. It. had hot the keel doubt he
and Carter talked together about old times and Mr. Tich-
borne. He and Waddington, accompanied by Carter, went to
Mr. Holmes office in London. Before they saw the de-
fendant they waited some time in another room. Carter went
In and out several it.... before he saw the defendant, but
he did nut know where he went. When he (witness) was
shown in the defendant got up from • chair and called him
by name. Au soon as he saw the twitch and before he spoke
he WU convinced, lie recognized him by his eyes and eye-
brows and his voice. Roger had • very thin face. Noticed
that the defendant's nose wan not the same, and called his
attention to It, and he said he had some bones taken out.
Boger had good broad shoulders. He did not recollect much
about his chest. He woo rather broad at the upper part of
the cheat and very narrow at the waist. He had seen • great
deal healthier and better made cheats. Should say he had
not a good chest for a soldier.

The lord Chief Justice: In what reapect I—Generally I
have seen soldiers with cheats more even. The upper part
was more developed than the lower part.

_
Crowe-examination continued e Roger's hair was dark
brown. At the last trial I sail it was light brown. I don't
see any difference between the defendant's tact Roger's hair,
except that the defendant's be longer. Shown one of the
Unlit daguerreotypes of Roger the witness said it was not
like Inns, and he should think it was got up for the purpose.
The Second daguerreotype and • photographic oopy he ako
said he could not recognise in the least as Roger, but added
he was no Judge of suck thing.. Roger spoke with a French
accent in the CarstAneere, but when the defendant spoke
first at liolmes's he (witness) did not hear any of that
secant lie recognised the sound of his voice. The
conversation lasted the best put of an hour, and
sometimes the foreign accent returned, but he could
not recollect in what words. Waddington was introduced
to the defendant first, and remained in the room about an
hour. During this time he remained himself outelde. He
did not go back to Sandhurst the same evening, but went
with Carter and Waddington to have .me refreshment..
Wnen he returned to Sandhurst plenty of people asked him
yueetions about the defendant, and he told them what he
knew. In June following the defendant and Holmes esme
to Sandhurst, and they saw Mr esnd Mrs Cairns. The de.
fondant sent for him and Waddington to go to the " Duke of
York." Two or three days afterwards he and 'IN Addington
and Mrs. Cairns went to the "Swan' at Alresford, and saw
the defendant. A great many oonotry people were there
waiting to make affidavits. Could not recollect seeing a por-
trait of the defendant exhibited on a wall In the town.
Reexamined Waddington died before the last trial, but
his affidavit was read. McCann had been lii for yams before
then. Roger had a slight elevation on his nose, but It had
gone in the defendant's nose.

The witness, ti:fore leaving the box, which he could only
to with asslatance, said he had been in an Invalid state tor
three yearn.

William Fry, who wu also examined at the lad trial,
said he was formerly • mess waiter at. Sandhurst, and was
now a servant at the Royal Military College. He was
servant to Captain Bickentaff, in the Carapineers, and knew
Roger Tlchborne welL The defendant was Roger I'h:b-
-ison.. Rum him by hie face and voice. When he lint saw
him he noticed that something had happened to his nose.
Ile recollected when Roger was seized with spasms of
the heart at Canterbury, and he was sent to fetch the
doctor, who only arrived Jut In time to save his life. Saw
him many times playing at towns and cricket with his arms
bare, and also without any shirt on when he was washing In
his room. Did not believe he had any tattoo marks. He
must have ann them if there were any. Shown a pencil
sketch of Roger, which was produc, d by Captain Polhill
Tunier, he said It was not like him. Ile saw the defendant
Scat at the "Swan at Alrealord In len Was with him
half an hour. and asked him different questions. He did not
look at the defendant two minutes bolero he knew him.
(The witness was then cross examined)
Re-examined I have often seen R oger in plain clothes,
but never dressed In a costume like that represented In the
daguerreotype.
Mr Justice Lush: I can't recollect If my master had a hell
In ht. room. When he called McCann I answered If he was
absent Officers' servants attend for one another. I have
taken hot water to him when he was dripped ready for
weeding.

By •-"Juryman lam certain that I never saw any mark on
lt,?ger• body. I never thought of such • thing, or I should
Lave looked for It.
Mr. Kenealy But how high did his trousers corns up
The L9rd Chief Justice . How high?
With... : About Vie usual height.
lien Juryman Did they come op to hi. armpits ?
Witness : No ; about his waist.
by Mr. Justice Mellor I have seen him sin times without
shirt spa y.est,

—•---•
The Lord Chief Jruitice . I suppose there to no regime:Ail
order how high the trousers shall QOlllO ?
Witneu : No.

William Davies : I come from the l'Aterler. I Pined the
Carabineers on the 6th e•lptember, boo, and left 131 h Sep-
tember, IS(II. I was through the Indian !Miley and the
Crimean War. I Mit saw Mr. Tichborne about the 10th
October, 1649. I drilled with him twice a day for twelve
mmth. LM was pt,?t of the time in my troop. A trick was
played upon him one morning at Cattle. I went on sentry at
twelve o'clock at night. About one o'clock in the morning he
passed in with Dr. Ilarcott, lie shortly after ran down to me
saying, "Sentry, sentry, the devil is In my room (laughter,
I replied that I did not want to see him tialighter).
lie said, "You must Come up and fetch him out of my
room" (laughter). I said It wee death for. sentry to go away
from his post without leave. He maid, "I'll be answerable
for you." I said, "There la the guardroom close by ; get me
relieved." At the same time I did not wish to go. I wee no
hero, 1 amour' you, and I was as much frightened sa he wee.
Ile came out with his cap off and his hair standing on end.
He told tile he was my superior officer, and I was bmwl to
obey him. I went with him. He made me go upstairs before
and when I got into the room 1 found he had dropped
the candle and candlestick on the ti or. The candle was
burniur, and I went In tinseling and shaking and took It
up, but It went out. lie said, Yon have let the caodle
out there are some matches over there." Shivering and
shaking I took them up and struck them all together. I
went to the bed tremblingly, and then I saw the devil with
a nightcap on. (Laughter). I said to myself I must not show
mytelf a coward before my superior officers, and I went up
to the bed and snatched the clothe, ott, and hutted of the
devil I found • donkey tied down to the bed. (Roars of
laughter). I shouted to Mr. Tichbome, who was peeping
In round the door. "It's a young donkey. " (laughter).
I took the donkey out, and Roger said, "Don't let him make
a noise, take him up and carry him down to the
barrack square." Ile took the LMd part, and I carried the
fore part down stairs. lie sail to mw "Don't mention it to
any of our men, or they will mike a laughlugetock of me"
I said I would not. I pulled the donkey's nightcap oil and
let him run about the square. I know the defendant newell
as hie mother knew him. The defendant is Roger Charles
Tichborne. tie had no hips. If he worked 600 yards below
the surface of the earth as I do he would soon come back to
his own weight. ;Laughter.) Ile had brown hair, very straight,
that laid on his head like a bundle of carrot.. (Laughter.) He
had small hands. He winked with his right eye. He had an
awkward walk, and kicked his sabretache au If he had an
animosity to It. Ilia hips could not keep up his sabretache.
In Noveinba, 1052, when I was on the march to attend
the Duke of Wellington's funeral, I saw hlin In plain
clothing. One of the men said "Sloe, comae Froggy."
We saluted him and be returned It. At Cable I was lighting
• c. ck with another soldier lee st. ; mine wee struck through
the head. It ger and some other officers were coming down
to us, and luring I should be ordered to the guard-room for
cruelty to anfmelf, I moved off. However, that was not doue,
but he bought the bird, and afterwards gave me 75, thi.
for it. I went to his room, to be paid He was washing
hie arras were Awe. Ile had no tattoo muks • Uhe had I
mud have seen them. I saw the defendant at the Waterloo
Bold, and had a conversation with him. I first told him
that I could not recognise him, but the more I looked at him
the more 1: eian to. t e lognise him. I mid to him, "They
want to sly you are not Sit Roger iichbortio, but if you
are not you are the devil" (laughter); and if two leas were
to threaten to meet and drown me nothing should make
Inc say he was not the same man who was in the Cara.
bineers. His voice is now • little more husky, stronger,
than when in the regiment. Ile had then s lady's
voice. Ile told me that I was the man whu pulled the
donkey out of the bed, and he also told me that he gave me
three days' drill on one occulon for rubbing an 01l rag down
my horse's legs to make them shine. I only mentioued the
Circumstances few months before the trial. I had forgotten
all about the Cock until the defendant reminded me of It at
Hanley, where I reside. He said, " You made me look small
at the last trial about the donkey," and he asked me If I re-
collected playing him a trick ; and then he flaked me ill re-
collected selling him a cock that wu blind. I told him
did not charge him anything for that ; I only Charged him
for the cock (Laughter)

_ .
Cross-examined by Mr Hawkins I was examined on the I
Met trial on the 20th November. I had previously seen the
defendant and Mr. Spottorth at the Waterloo Hotel. I wrote '
to Baxter, Rose, and Norton, because I thought "no one in
England ought to know him better than me." They replied !
that I should be require 4 in • few days to appear and give
evidence. At that time I had not seen the sligendang
At Baxter's office I saw a clerk, who afterwalais took
me to the Waterloo Hotel. I was kept waiting at
Banter's for two hours, but I had no conversation
with any one during that time. A man and a woman
were In the same room wailing. I said on the first trial
that I was conversing with them for an hour. I spoke of the
Caraialneers, but they said they knew nothing about them.
The clerk took me to the hotel in x cab. I first saw there
Mr. Spoff,rth. Be WU alone in the room, and the defeng out
came is ten minutes after. I remained there about an hour.
I thought the defendant had got altogether fat and big.
There Is no alteration whatever Whim except that he kaa got
stout. Ile had abroad forehead and shoulders, • full, fiat
chest—not at all pigeon chested—and was rather large
boned. When first I saw hint I took particular notice of the
wink In the right eye, and recognized It. The donkey story
was • profound secret with me. The Cerabineera might
have known 01 11. I never mentioned it, nor dial ever hear
it spoken of by the men. Those who put the donkey In
the bed might have spoken of it. I knew Benjamin Owen, •
man In the regiment He might have heard the officers
speak of it. Eierybody in the regiment knew that I was
sentence!, to three days' drill for using the oiled rag.
I remonstrated with Mr. Tlchborne and it was net enforced
At thelest trial I said I told the defendant if he did not
answer me two or three questions I put to him I should say
he was not the man, if he did he would be that man, or he
mug; be the devil I will swear on a sackful of Bibles that
I did not say at the last trial, "if you can answer me
the earne of the man that pulled the donkey out of the
bed, yon are the man." I did not say "the name of the
man." I thought I should catch you. (Laughter.) I only saw
Boger wash once. It was In his own room in Cahlr Barracks
about half-past seven, just before mess time. It was in Jurte
or August, 1860. fished his sleeves turned up, and he washed
his face and hands whilst I was in the room STOann Caine
! to me to fetch the money for the bird. The washstand
was on the left side of the room as you enter the door.
I was within • yard of him, talking to him. Boger stood
with his back toward. are, but occasionally toned round
and spoke to me. I don't know where he took the towel
front ; he might have got the soldiers' knack of tacking it
under the belt of his trousers. I was on his tell side. lam
certain there was not a speck upon his anon; if there had
been I should have noticed it. I did not state this at the
last trial Weenie I was not then asked anything about
tattoo marks.

Henry Marks I am now permanent sergeant of yeomanry
In Nottingham. I joined the Carablueers In January, 1850.
I was transferred from another regiment. I remember
Roger Tlohborne. He was cornet, doing duty with the F
troop. Mr. Tichborne at times superintended the stables at
C He was an indifferent military rider. He could
stick on • hone well. Roger could never turn his toes in
when riding. He was in the same drill with me. I have a
very fair recollection of him. I have no doubt the defendant
lathe same person. Roger had dark brown hair, • prominent
forehead, and heavy eyebrow., the same colour as his hair.
He winked a great deal when ha spoke to any one. Ile had
small hands and feet. I remember • foot we at Cable of
the officers of Vie regiment. Mr Greonwood Just before this
winning post turned • somersault ind came in the whiner.
He did It !Wain° he had so much time to spare. Roger ran
In the race ; they stripped for the race, and Mr. Tichborne
tornecrhis shirt sleeves up to the elbowc Had there been
any marks on his arms 1 mast have seen them. lie was not

tattooed. I saw the defendant in 1870 at the " Waterloo "
Hotel. I had • conversation with him extending ovw three'
yu Acre of au hour. I reoognized him by his wOlk, tura-
head rod eyebrow. moos than by anything elle.
After the cross-examination of this vitamins, the Court
again adjourned.
[Our limited space precludes us from giving more
than the foregoing condensed socount.