The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-01-17 00:00:00

THE TICHBORNE TRIAL.

[Cur limlted Ppace precludes us from giving mowc
than the following condensed wecount.l

kiIiNDEED AND FIFIYSIXTH DAY.
Mr. Kenealy proceeded with Ms address to the jury on
Monday. He said I resume my summary of the evidence
of the Uarabineers, and, n a I did on Friday, I will endeaveur
to go through It with as touch rapWity ss is consistent
with what Is right and prim —not wasting you., time
or the time of the Court—but still deeming It
essential to Ming he I.,re you the leading features ill each
of the withessee testimony. Jmeph itrittlebent hes
Riven mod powerful evidence of recognition of the voice of
the defendant's being the voice of Roger, from hearlog hirn
epoch before be so N him. The farce of puttleg the pi 0.0-graph
graph into their hands and citing them if they recmnieed it
led to waste of time. lum tumble to form any conception
why the question was pus to no wimpy of my witness., but
I suppose the jury will be asked that because they do not re-
ennuis, it the witnessekhaye no recollection of Roger Doh-
borne.

A Juryman: Some of the witnesses geld It wee like the
. • .

Mr. Keinely : Some regomilse it, and enrue t!,, not. But
the photograph does ant fairly and accurately repreeet t the
defendant. Rai, trine to the evidence generally, the las-ted
cuasel said I don't expect you will give tour v..rdlct fsr
the defendant by merely givit g him the benefit of aryduttnut.
I claim it from conviction, because of the preponderance of
evidenrse being in Ws favour.
The Lord Chief In‘ttee : lithe fury have any doubt, are
they not to timid their verdict upon it
Mr Kenesly : I will not rsJec. It if th. y found It on doubt
I am not wilily as to my that I will a arrpt It on any ground
they choose to found it Ido not base it on doubt, heosusv I
my my evidence amounts to positive certainty. Fretirrldr
Mather, the rat... ay interpreter, who know It user, detected In
the detendat t Itot..er's gait, anti a allght French accent in his
speech. I lay much stress en lbeevidenci of Joreph Mat-
thews, librarian at Westminster ilorphal end formerly troop
berg ant nielor. lie &sail es In the same language as
Mamileld did, the half-timid, frighteLed ex./stash., like any
animal Fiat mmht, peculiar to It -.ger Ted) rt.°, and. he
Identities lite defendant at Itruer. The learned counsel
having referred to whet has heady teen stated by the Lord
Chief .Instice against Mr. Ealgent's Crewing and one out she
alidavits.
" • •

fhe Lord tide Justice: An a' terns. ii? twos Dile to this
court for what he does himself, • r by his clerk, but a I.y
practitioner is not. They may do—l don't soy P. has Men
done in the cane—they may pie; ell sorts t 1 tricks. MO con-
cert what a vein me says Into the opposite, and make I m
swoar to it and ov v which this curt wenld t. 49-1 n s cm-
tcoL Lis a Vine that ought nst iob, enc.eir med.
"v I am not defendr g it, In a cam of this
kind an emergency might arise when a layman—
The Lord Chief justice: But it eras rot a case of emergency
with remence to this affidavit. Balgent went about the
comit•y h the de'end• La drawing affidavit's and discharg-
ing the bunions of an attorney.
Mr. lieueuly : It no ii.cidedly better to have affidavits
draws up by a man amenable to the jurisdiction of this
court than by a layman like liagrant li. waver, It has been
done by Min, and nothing has tren mired so for as I can sew,
to justify the jury In believing that B sigeot habitually sug-
gested to the witnesses to falsify their evidence, or c Motored
false evidence en as to make it sensor rime. Ur Greenwood,
f /writ regimental tailor In the Csrablireere, is a witness of
the greatest value to the defendant. It seems an absurd
Idea to suppose that he haa beeri brought here under a
delusion. Nothing would bare Induced him to nome here
and give evidence that was not true. its evidence has
never altered, and he Is one of thoie who have remain.d
true to his origlosi opinion that the defendant is Iti,ger
Tichborne from his being able to derscribe the cloth.* he
had muls for him. Us was one of the great body of
Bien who had no, wavered In his opinion by suggestions
In newepepar articles or conversations that the defendant
ban 'tripes,. She deft ul ant and &uses measurement of
the trowel, Is the same, arid there are ells,r coined, flees
that the defendant never conid have been coached ran in.
The ur aecution were conttunal y throwing out !n•lnu..tione
snidest Mr. Onillitird Gush w, sad I have salted myself what
Mr Guildford Onalow and the rest of is. are to get out of
Vila nos it by rine extraordliery contigency if circum-
stances the defendant wins his case In the Court of Common
Pleas. I 'impose Mr. Gslideord Goal. w will get Guildford-
street ; Mr WhaVey wißbe rernrimrstoett f the Doughty
estates and have Ddighty-etreet, Lord Rivers, who is in the
Guards, will, I suppose, have Aldersh t. I shall expect
Tichboine park, and end my days In the philomplitml
amusement of catching minnow. watts I am a very old man.
The Lord Chh‘f Jostle.) : With an oc.smional retreat to the
grotto. (hsughter )
Mr. Ku nasty What young B'as'e is to get T her Ii; know.
lie most get something, and as peerages are the order of the
day, he ought to be made spoor, and as a St witting memo!lal
and rebuke int 'log forgery and perjury, I think his proper lige
Would be Lord Pettingdreigh. Dormer, the hair 'reeser at Clon-
mell, does not aheolutoly swear that Roger Tichoorne had
a scar on the back of hie bead, hot I rink you to believe
that he substantially and practically proves It. Lie
polecat a mar at the back Oi the head of one of the officer.,
sod the defendant has a scar which corresponds with it and
Its position in Vet head. Surely it can't be said that the de-
fondest cut sod bruised his head to meet this part of the care.
iii. very singular, bon the pros...non teems to know ev:ry
blemed thtng .bout the defendant', witne•ses but, notw.th-
stauding, I mean to sot you to believe that the rear spoken
to was on Tichborne's head, aid that Dornor's evidence
1 roves undoubtedly that the Jefeedient Is the Heat
roam Agnes Ward, who knew Roger at Cable, mm.-
tiled the delete ant at Sydney in 13ffit as the same man,.
She saw him In the street, and knew him immediataly.
E Mahe,. h Illecoake Is anther Important witness, whore tes-
timony I respectfully ask v. u to caret idly olasou r. She
was iii hi.lboerne in the latter part of 185 EL and, with her
busha, at traded bet.wsm sielbourne and Bemire°. 03a
ntiAlt olin she and her patsy were camping out in the
Bin k Forest, two men came and a-hod for water, and
one if them was the defrndar t. The loam el c- unmet was
proceed'ng to road the evidence, erros,lons and answers,
when—

The Lord Chief Justice said: This la an Anstraltan witness,
nod .houl 1 have been commented eu with the other Auttra-
li. wttuesses tieing back over the evidence looks like
doing Wt.. fib up tile (lay.
Mr. Ken sly I hope your lordship is not going to tie me
down to a particular day.
The Lord COW Justice : We gave you doe warning. Yeti
ffre now going back to a part or the case we supposed p.O
het does with. _ _

-
Mr. Keuesly : 10, ly .tah to go over Ilar avidenoe as
as.

The Lord Chi f Juttlce : Toot c4l he doco In flee minutes
V.n know the whole of the st, ry. Tiro men came ay to
Ilium iu the boah anti aekeil for tea and one of them, ;he
emit, Is the tofu, She Mao tialktf“t he referred to
her bush .tol. who Heed in the tlematket at a to:rtfctilar
thee, et.il aft hono h he In afire yon did n. t cell 11.0, at he
I 1 her ill ,t hoe huthatid %wad lin,v him by the auto of
Roger.

air Katmai, :I am quite amenable to any stiggesi Iva from
'our l rdsblp, sod as you have summed it Up IS lii4t way. I
%ill say . hie. I will now call attention to Mr. Ilhdultfs

Cridef Jostle: You have gone thr ugh him as
one .1 the Serail, wit, eases, and you made use of a very good
arguno•nt on 11, evidence.

_
Mr. Kenesely : Teen I •111 not say another word at ut blue.
The 1,-creel 4,1111.301 then called attention to Mr. Build:tie
C 0.., nit,ch of the delernard, reeesvo g until her Willie to
Ooat,ria edict, w the parr of Mr. HMO .Vbevldesce rr lathe
to the aerated packet. After comuneuttog no Captain
Conittfea end Colonel Nor' las 'a evidence In favour r I tee
defendant. he said the &len wet would ut have to
have goon to Coloi.el &o: bury if he had been an Imposter.
A ,O • dmed man like Orton would not have ventured himself
Into the presence of men like Hopkins and HOrbury.
onk upon it as an astounding proof of the oefencent's
Identity that within a few weeks of his return to England
he went direct to Mr. Hopkins. Cioly the genuine man
could have answered Colonel Norhuryie question. and have
described how i.e made fierier parch Lam. ly. by nerving
'mend, In a pinch-bowl. Agate, how cid he know that
e-torni Norldwy was not married when Ills regiment UM
splattered to Ditto 1 flat g hie Inds, t low with the de road-
ster to became confiners I 11. 1 the defendant was Roger
Tlchh.orner, and be iticel Wm to slrit blm at ills Mum,
a thing be cm, would taco done it h• had oot bar n sueo he
wee Raker Tiehbotne. Winer he re Hes on hts own personal re-
cut e :slob of Rower Tlh 00. Cosicnel Sorbury hoe no doubt
et bin dlerd tiy wilts the de terrier's. The teemed owinsel raid
he was unatle to applied:de B.rjeant Parry's cross-armada/s-
-lims nt Colonel Norbui y.
A Yen, man: Then don't read It. prey. rl.ll hive only
in cot noinut., to spits out. (leanerttar)
Mr. Kennedy: Then t •ill nt. The learned counsel
commented on Capt.rlu Sankey's vidonce and that of Lsely
Burrows', worm be told Three neigh 4 all ry remstkm
eloript warts reference to the Beal. d preket. I will maks
artry ell ot to nolrh that to morrow (Tuesday) but If I
should want a put of Wertnesdey I hope yr ur lordships will
grant it to no.