The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-02-24 00:00:00

THE TICHBORNE CASE.

The hearing of the care lea, remitted on Momlay morning.
[Our apace preeludes no irotti.giving more than an outline of

the Atteruey-tienerare spec h.l

thAttomey.Generliu conkipuing hie speech, reart the
affidavits of Mrs. Jury awl Mrs. Tredgett, ststel, of Arthur
Orton, is which it w.is sal that lielvefit abroad about fifteen

,
years ago that was in WA that he was in England about
seven years afro, When Mrs. Tredgett saw him. Since then
he hail written from Wagga-Wagga, and about two years ago
from Freemantle on the Swan river. Both these letters had
been sent to their brother George Ortpn tSinger-Ire, and he
had written to him to return Mani Tfie neposiiints distinctly
and positively swoi e Mat tilt plaintiff was no relation of theirs,
and that the, heifer BEM him until he called upon them after
the nottimencementof these proceedings. Their brother Arthur
had bad the small-pox when young, anil lie hail
upon his face. Now one thiug to he :nulled was that
it was inconsistent wish r, statement in the " Orton
letter" written by the plaintiff In 1116, that "it is now
many yeem Mice I heard from any one of you. I hare never
heard a word from anybody I know since 1854" Ile sego MI:O-
-mitted to the Jury that this letter wag Mien te grr.e.t scapicion,
and that the probability Woe front like handwriting and other
eircuMataniceg, that that letter was not written on the date
it bore but much later. The writer then hail evidently, he
thought, for some time been practising the Tichbome hand.
Another noticeable thing was that there was no envelope
for the letter, while it was well known that people in
that rank of life always kept enrelupec. topic', the
letter was written not upoh Attatealian paper, but upon
paper of an English maker, Mr. iminson, who, so far as
he knew, had no Anatralian connection. Again, the paper
bore stamped upon it a shield and the words " best
quality," this last mark being that of the scholesitle paper
dealer who lived in the City of London, and had no A uistraliah
connection. He asked the jury whethet they believed that
this Wee the letter delivered by the plaintiff in the name of
Stephens on the Elate which he stated and added that he
should imetend that it was a letter written afterwards, and
for a purpose. The sisters of Arthur Orton when questioned
by the defendant's advisors stated that he was very short,
very dark, deeply pitted with the gmall-nes, considerably
over forty years old in Dail, "id ftAher, that he was their
eldest brother. ?vow It Was apparent front other evidence in
the ease that every 000 01 these circumstances was false.
Ile now came to the brother Charles Orton, who, being
left behind without support when the plaintiff went on the
Chili journey went straight to Mr. Dobieson and sleeve that
the plaintiff was his brethee. !lc, however, wax in the
position of havinFs Men In the plaintiff's pay, anti of having
signed a paper (het the plaintiff was not his brother. It was
plain, therefore, that he most have told a lie on one tide, anti
his evidence of course would not be relied upon
unless supported. It was through I'hart, Orton
that it was fonnd out that the plaintiff had been in
communication with Mrs. ilttendreigh, the wife of one of
Mr.Dobinson'a copying clerks. lie admitted two of the letters
written to Mrs. Ditteudreigh, but he denied the other two.
Mrs. littendreigh produced what she said were copies ether
own letters to the plaintiff, but the plaintiff himself pro-
duced her letters, which showed that the euppissect copies
of her letters were false dectimenta With which she had nos-
tril the defesidanhe attorney. This being so, it was plain
that she was not notch to be relied on, and he should not
risk them to take as true any fact of which there wan so
evidence but hers, and indeed all communication between
the plaintiff's advisers avid her had long since ceased. He
should not further enter upon the Orton theory, but would
say that, if necessary, a great body of respectable people,
including among them :Miss Loiter, Arthur Oiton'a sweet.
heart. would all swear insides:By that the plaintiff was
Arthor Orton. It Wirt not his business to show that the plaintiff
was Orton ; the burden of proof was upon the plaintiff
to show that he was Roger Tichhorne. Upon the Tickborne
ease the plaintiff had at all events closed his evidence, and
could produce no noire ; and, even if he were allowed to
call xvitnesses to prove that Arthur Orton was pock•marked,
hail a t ing in his nose, hail a feather growing out of his
shoulder, or any other remarkable thing that the plaintiff
hail not, what would it matter if the evidence overwhelm-
ingly proved that the plaintiff, at all events, wins not Roger
Tichborne whoever else henna l In this view the Orton
theory was alogether superfluous, and to enter upon it
would only mingle months and cost thousands and thousands
of pounds at the expeirte of a family already borne to the
earth by the burden that hail fallen upon them.
Ile now came tis the question of handwriting. The jury,
or anybody else who had heads upon their shoulders and
eyes in their heads, would be Fist as good judges of hand-
writing as Mr. Chabot or any other expert could be, and
especially with regard to spelling, had grammar, turns of
language, and things of that sort which were purely matter,
f fact that ally sensible man could judge as well as any ex-
pert. The valise of an expert's evidence was this, that he
had more practice than they hail in going into these ques-
tions, and could point out siinilarities and dissimilari-
ties which to their unpractised eyes would pass without
sufficient observation. The learned Chief Juatico of the
Queen's Bench in the important will case of Cresswell V.
Jackson, in summing up, discussed this matter at some
little length. Ile Bahl that the testimony of experts should
be received with snore or less distrust, because it was only
matter of opinion, and there was more or less tendency Its the
human mind to take a bias tic favour of those who em-
ployed them. They ahould hear such witnesses, he con-
titsued, itot altogether disdaining to listen to their evidence,
but with a certain amount of (Retold. It Wee not he
further said. possible to deny that skilled mildew,: of this
character, if kept within legitimate bounds and limits, had
great ratite. Ile Bison's' have been glad to quote the opinion
of his lordship, who now presided over them, upon the game
matter, if he had been able to do so, but at all events they
knew that his lordship in the Roupell case bestowed great
attention upon the queation, which would thus be by no
means new to him.
The Attorney-General, In continuing his speech, placed
before the jury a number of photographs of letters written
by the plaintiff, by Roger Tichbome, and by Arthur Orton,
and argued that the two first differed essentially, whilst the
first end toe last, he contended, could only have been
written by the same person.
An adjournment took place soon after one o'clock for the
perpose if having the plgiutiff's anger examined in reference
to a tattoo mark which one of the Australian witnesses had
said was upon it.
' The A ttorney.General, on the re-assembling of the court.
said that he wag glad that the Jury had had the opportunity
of seeing the small mark upon the plaintiff's finger, about
which only one single witness before the Australian Commis-
shm hail spoken. Mr. Seymour Hayden runt Mr. Barnard
Holt both had discovered it some time ago, and the plaintiff,
when questioned about it, told them that it had come from
wearing a ring. It seemed to have come from pressure.
The Loyd Chief Justice: Which finger was It?
The Attorney-General t The little finger on the right hand.
, The medical men would say that there was a depression, an
though something hail been removed, an a tattoo mark might
have been if it had been imperfectly done.
Ile now came to the last lengthy head that be had to deal
with—that of the sealed packet, and the attack upon Mrs.
Radcliffe. Ile proposed to deal with the attack, first
showing how it grew, and reading in °stens° Roger •
correspondence to show the terms upon which he
was with his eon sin, and in the way to ref ate every
detail of this foul and crushing slander. In this way
Roger himself would refute the calumny. and show
that the whole airy wan an absolute hthriCittiOn. lie
would show, as ho had said, how the story grew. Roger was
at 'ridden-lie trims the 24th December 1851, and on the 12th
January foltiwing he left, In consequence of Sir Edward and
Lady Doughty having become aware on the previous day of
the intimacy between linger and thelr daughter. Sir Edward

Soon after became very 111, and Boxer wee there from
the end of January till February, 1852. In June Roger
came to London to see Lady Doughty and Kate, staying from
the 12th to the 19th June, chaperoning them about.
Ile went to Tichborne, and woo there from the 19th to the
21nd of June, aol they findina that his habits did not snit,
that he drank too much, Sir Edward and Lady Doughty broke
off the engagement, met they never aaw each other after-
w•trds. , It ffag during the Visit. that lasted from the 24th
December to the 12th January that the ' settled packet"
was given to Mr. Gosford. The plaintiff came back to this
country in 1866, and he emnt early that Goal urd had
been a most intimate friend of Roger. Oosford at that time
Woo a very needy mail ; he had got into trouble ; he had
farmed a quantity of waste knd In Wales, and in this way he
had become needy. lie was also behindhand in his pay.
monks to the Doughty trustees by several thousands of
pounds. Ile wool I refer to the "Gladstone correspondence "
to show this, and he would incidentally mention that the
, correspondence had been found In a house which Air.
Robertson Gladstone had become possessed of, and which
had been formerly rented by Mr. Otoford. On the 15th July,
1868, Mr. Cullington wrote to Mr. Goeford saying that he
made the amount due from the latter to the trustees
£5,051. Another circumstance which appeared upon this
correspondence conclusively was that she was most anxious
that her husband should recognise the plaintiff as Sir Roger
il he possibly could, she anticipating no doubt that if he
could do this there would be an end of the troubles which
had been pressing him down. It was evident from this lady's
letters that Mr. Oosford bad doubted about the plaintiff
being the real man, and his wife had written to him, doing
all she could to remove his doubts.
The Lord Chief Justice inquired how the letters were
dated.
The Attorney-General As ladies always did date their
letters by the day of the week, which gave not the slightest
information after the week was over (laughter). In conver.
satins, Gosford unfortunately brought Pr the plaintiff's know•
ledge that Roger had left a "sealed packet" with lihn
before he left England, and said that he must remember
this. Now this was one of the most important isolated facts
of the case. They had heard the account of the
claimant awl of Mr. Bulpitt, which by no miming
agree with each other, and neither White or
Ileystone, whom the plaintiff said were there during the
whole of the interview, and who were in fact there during
part of the interview, were called. 11 by should the plain-
tiffs counsel have kept these two witnesses back, when
the worst that could be said of them was that they lent
money? If they could nut support plaintiff's story, then
of course there was reason for keeping them back.
The pialutiff said that he had told them there and
then the contents of the document. Air. !Mott said that
the claimant hesitated and would not recollect the con-
tents of the letter. Ile would not my anything about the
contents of the letter. Ile said, "i do not remember anp.
thing about the contents of the letter," and this is substanr
tinily what Mr. Oosford would say. According to air.
(Josford's aceount there was nothing in the packet that ex-
cept for the breach of confidence might not have been pub-
lished at Fault's Cross ; but if the plaintiffs account was
correct could it be conceived that Mr. Gosford could have
asked the contents of that peEket before several other
pe,!ple, aml thou give an opportunity of having this moat
serious imputation upon the honour of a lady published.
The Lord Chief Justice announced that he did not propose
to sit on the General Thanksgiving day.
At four o'clock the further hearing was again adjourned

Resuming his speech on Tuesday morning, the Attorney-
General said that the plaintiff never professed to be able to
state the contents of the document contained in the 'sealed
. _ . . . . . .

packet ' until utter Mr. Gradord had been examined at the
Law Institution, and had sworn that it was destroyed, so
that it could not be produced to contradict him. Possibly
Mr. Goldoni might have answered by the card in the inter-
view which had taken place, and in this way tha plaiotitf aod
his friends might have been led to believe that the document
was not In existence. Down to this time no one bad
. .

pored any charge against Mrs. Radcliffe, though possibly the
plaintiff had given hints that there was something on his
mind which he might say. The plaintiffs advisers had Mr.
Gosford up for cross-examination solely in reference to this
'sealed packet," and then he said that he destroyed it when
it was finally decided that the ffafet Wag loot, lie added
that he had never said that the document was in existence.
Mr. Bulpitt naked where it was, and he said, " Never niind
where it is." The paper was destroyed when it became use-
less, as it was believed, in consequence of the hiss of Roger
in the Bella. If the document was of the kind he said
—a vow to put up a church to the Virgin at 'nab,ne
in the event of his marrying his cousin within three years
—then there WWI no reason why it should be kept after
his death. One of his letters in reference to his will sup-
ported this description of it, because he said that he had not
put in it what was in the paper, because that was to be per-
formed in life, and not after death. So far es the claimant
knew there was nothing In existence to show the existence of
I this documeut and he knew that Mrs. Radcliffe, who seas a

most important witness, had said that he was an impostor.
Ile knew that Mr. elosford was a needy man, and he knew
that at the worst it could only be oath against oath, as he
thought, whether it was then or when it was that an in-
fernal council was held he could not say, but it kaa pleil.
ably about this time that the claimaht in a mind capacious
of the blackest venom, seemed to have conceived the idea
of making his charge against lire. Radcliffe. tier happiness,
the comfort of her whole life, the honour of her husband,
the life of her children, her connections], her family—ail was
nothing to this villain ft he could blest her repuigtion and
destroy her evidence in the led, There appeared to have
bre* a conned after the evidence of Mr. (iosford was given,

and the result was, this cruel charge was put into writing.
This writing was then drawn out, which the plaintiff ventured
to put forward as what was in the sealed packet. This wall

hia.iint piece of paper :

"The principle items In too docutlietit said to he destroyed
by Ittr. ~10,tord. hi the event of tny father having pusses- i
shut before my return, and also dying before my rettint, he ,
(Dosford) wag to act for me according to the instructions
contained in the document, lit the first place he was to !
have Upton to live at, and was to manane the whole of the
estate. He was to keep the Home Pares in !And i Inc wos
to show great kiniluilse to (amain mate, and let
her have anything she required. My cousin gave me
to underetand that she woe enceinte, and pressed me
very much to marry her bet 're I left. I did not believe such
was the ease, nor have I since heard it was so. I always be-
Ikved It was sail for to get me to marry her at onee. My
father tried to Persuade see. It also referred to Prior's
Dean. lie (Oosford) Want° have authority to repair aud im-
prove the property generally. Gosford was also to make
arrangements for Kate to leave Englaud, if such was true.
Both Goaford and Ida wife pressed me very hard to marry
at once. Other item., which are matters 01110 rense.Mence.
I don't think Mrs, Goaford khew abont Kate. —(Sigoeii) Roger
Charles Doughty Tichborue " (and initialed)—" W. it., 10th
August, leaf.'
This was the beginning of the outrage against Mrs. Padeliffe,
and the document was dated on the very d .y that Mr. Hos-
furd hail been cross exatnined, and said that that document
had been destroyed. The plaintiff also made no affidavit in
which he said that the document referred to Mrs. Radcliffe,
and the two event., cite f whigh he knew hod ant bets-
pehed esti the other he helped ha') not. In thls Ivey he held
out a threat to 31r5. Radcliffe that silo most be cueftil what
she was Omit. It Would be shown by documents and
other oveiwhelming evidence that there was not the
' slightest foutulatitin for the imputation which the plaintiff
! had made, and which he hml never dared hi make until Mr.
Gorford bad sworn that the real document was destroyed
and could not be prodUced to contradict him, 11 there had
been !Or DOA in the cu1n11:1110, and an Englielt gentleman
had been the plaintiff, he could rather have been torn to
pieces by wild horses than have spoken of it ; but if there
should have been ally circumstances of an overwhelnaing
character which would esnmel him to say what had
passed, he would have done it in an open, straight-
forward way Ile would never have cone about in an
insinuating, threatening kind of Wily, saying as it were, "I
could, if I would.' Ile said that he bad already told the
secret to other,. Now, a secret was sufficient for one, and
altogether too much for two. There used to he a judge in
the court who used to say, "Don't tell me a secret, for I
shall be obliged to ask other people to esglet me to keep it."
Laughter.) The plaintiff hail askld people all rottnd to help
him to keep this Secret, and he had invited people all over
the kingdom to help him, for it had been told everywhere.
The other side should either have walked up boldly
to the matter, or should have left it alone. With-
out desiring to set himself up as a standard as to what
should be done, he would give Touchstone's advice in
An 1-qtt Like it, that if he had apiece of news to tell he
hail hut two ways, and that was either to tell It or leave it
alone. But the other side had left it to be drawn out in cross-
examination, as the night before it came on the plaintiff
had a refresher of his memory in the company of Mr.
Spolfurth, and the account he then pia forth as to the con-
tents of the packet was this i-
"Cheriton, November, 1552.
"lilt be true that my contain Kate should prove to be
eon-lute, you are to make all necessary arrangements for
her going to Scotland, awl you are to see that Upton is pro-
perly preparod for her to lire in until I return, or she
marries. Vou ore to show great kindness to her, and let her
have everything she requires."

..-• - - .
lletween 1667 and 1871 the plaintiff learnt to spell every-
tbing," which he formerly spelt everythiuk. Then he
said •

--- •
"If she remains single until I come back Twill marry her.
In the event of my uncle's and father's death yott are to take
full charge of all the estates on my behalf, to keep the Home
Farm, and to repair the cottages at Prior's Dean.
" It. C. TICIlllonNE."
Now the date was at all events fixed as "November, 1852."
and that could not be got out closet it was remarkable that
the document, different in its construction front the other,
seemed to have been written curre)ite cuisine as it were, and
in the drawing of which the plaintiff seemed to have been
Desisted by some one who was superior to himself
the learned gentleman then read at some length the
plaintiff's statement of what he said were the rela-
tions between him and Kate Doughty, and commented
upon its inconsistency with the real truth. Ile also went
through in a ahnilar way the evidence of the plaintiff as to
the manlier in which the sealed packet had been pre-
pared. In allusion to the imputation which had been
made upon Sirs. Radcliffe, he said that this lady, a good and
religious wotnah, was prepartd utterly to deny it, and upon
the truth of her denial to pledge her hope for happiness in this
world and in that which was to come. She would deny it
solemnly upon her oath, and she would be one of
the first witnesses for the defence which would ap-
pear before them. She would give her evidence at
considerable personal risk, for it was his duty to inform the
jury that she was just about to become a mother, She would
Ow her evidence with that fierce trial of pain and peril
hanging over her which every woman knew to be uncertain,
but she would still give her evidence, and dare the learned
serjeant to cross examine her in any manner lie pleased.
This was for the future. Ile would now ask them to look at
how she had met that accusation in the past. There were
man in the world who would de,in it an insult if told that
their own mothers, wives, or daughters were impure or un-
chaste, but who seemed to assume that that which was false
of their own was true of the wives, daughters, mothers and
sisters of every other man in the world. Such men abounded
—men who had no faith in women ; men who laughed and
scoffed at the purity and honour of women, and who were
themselves the objects to every true and honourable
mind, of utter loathing and diegust and contempt. But they
abounded and therefore Mrs. Radcliffe knew that the
moment this villain belied her name many men and plenty
of women would repeat the story with the greatest possible
regret, of C 1,111,0—. But human nature, my dear sir we
know what human nature is." She met this in the only
way that a true, pure. and honourable woman could meet
it. When it became his duty to draw this hateful lie into
life it warrdone at her own desite, and it was her own
choice. Red, indeed, she insisted that in their presence
she should meet her slanderer face to face. She
trembled, as they might have seen but she did
not shrink she opposed the shield of her Inno-
cence to Ilia poisoned darts; and there she, wife and
mother, with her husband hy her side, rnet the gore of a
crowded court, and defied thia foul miscreant to do his worst.
was not for him to sing her praise, but he knew this that
1 his life long, when he wanted to point to an example of
h iw a woman could be courageous and innocent and could
combine gentleness with firmness, he should turn to the
conduct of Mrs. Radcliffe in the Sessions Mose at West-
minster. (The learned gentlemau, during the delivery of
tnis passage, was so affected that he could scarcely pro-
ceed.) after a pause he add that he begged pardon of the
jury, but like had betrayed emotion it was because he had
felt it.
The Attoniey.General then said that having now stated
what the story was, he should proceed to trestroy it.
In pursuance of this promise he read at length the cor-
respondence between Lady Doulr and Roger, which
had, to a great extent, been air y before the public,
and argued that the sentiment. t erein expressed were
quite inconsistent with the truth of what the claimant
had said. Tlie substance of the correspondence, which was
very voluminous, was that excellent moral and religious
advice was given to her nephew by Lady Doughty, and keen
his part expressed his contrition and promise of amendment
In reference to his faults, especially that of excessive drinking.
He also showed the highest admiration and affection tor
his cousin Kate. The learned gentleman said that it ap-
peared from the correspondence that Sir J. Tichnorne, as
far from having pressed on the marriage as the claimant
said, had really been opposed tuft The claimant said that
the seduction of Kate Doughty took place in July or August,
1551, at Tichborne, when it appeared from Roger's own
letters that he never was at Tichborne at or about that time,
and that he had formed a strong objection to going there,
and would not go even although invited to meet his father
and brother them.
Mr. Serjeant Ballantlne, just before the adjournment for
lunch, said that he assumed that there would beau adjourn-
ment of this trial for some period about Easter; and he ap-
plied to the court that the adjournment should be tram
liondsh the 25th ot Much, wan the end ot the following

week. During tltat period Kingston Assizes wnuld be held,
and he wished, if possible, to be able to attend them.
--•-- • •

The Attorney-Gaueral said he could not matt to any ad-
journment.
The Lord Chief Justice thought that by the time mee-
Honed the jury would require some rest, and he was sure he
should do so. lie would, however, take the opinion of the
Puy upon the question how long the adjournment should be
tor.
The foreman asked that the jury might hive time to con-
sult on the ranker, artd give their anvwer after the usual
adjournment for lariat
The Lord Chid Justice, on the re-asseintiling of the court,
said that he had been thinking over the mother, and his
opinion wan that it would be premature at present to decide
upon it. . . . .

The Foreman of the Jury said that he had been desired
by his brother jurors to ask for a fortnight's holiday.
The lard Chief Justice repeated that ho thought that it
would be A little premature to make the arrangement at
present.
Mr. SerJeant Fisliantine believed that big lordship had
shadowed forth what would be, and there/ore he vlsitild
venture to take it as an established fact.
- - - -

The Attorney-General then continued his address by read-
ing a number of other letters in the same correspondence,
which he contended proved a complete alibi in reference to
the story told by the plaintiff. His statement was that the
seductioll tools place in July or August, !SU, whilat the
letters showed that the last time Roger was at Tichborue
in that year was the liand June, and from that time until
he left Ragland he was never hear the place. The
coneepondence was Inconsistent in many other reepects
with the story told by the plaintiff. 110 said that Catherine
Doughty broke off the engagement, but it was plain that it
was not her, but the father and mother who insisted upon
It being broken off, and the spirit of the letters showed
Clearly that his statement must he false. The learned
serjeaut admitted that if the plaintiff could be refuted
open this part of the cue, he must he branded
as a liar and a rascal. Now he (the Attorney-
General) contended that the correspondence conclusively
refuted him, and, therefore, that upon the very ground which
theJearned serjeant had placed the matter, his client was a
rascal. The learned .gentleinan finished the day by saying
that the letters showed the career of Roger Tlchborne, which
was similar to that of another Tichbornp in the time of Eliza-
beth, who suffered on Tower-hill, In consequence of Ma beiug
mixed up with the Debington Conspiracy, and a few hours
before his death wrote :
" My prime of youth is but a frost of cares,
My lewd of joys is but a dish.? pain ;
My crop of core is but afield of tam,
And all my good is but vain hope of gain.
The day is fled, and yet I saw no sun
hly spring is past, and yet it bath not sprung.
The fruit is dead, and yet the leaf is green ;
My youth is past, and yet I am but young.
I saw the world, and yet I was not seen,
My thread is cut, and yeti hardly spun—
And now I live, and, now my.. f e is done."
And these words he would conclude with es the epitaph Of
Roger Tichborne.
As foue o'cl.ick the further hearing was again adlotirned.
On Wednesday morning the Attorney-General said that he
was happy to think that he was approaching the conclusion I
of his long speech, but before concluding he hoist make
scant general obterlations loon the mule in which the case
had been conducted, lie had Ito Wash DJ i(earrel with those ,
who had appeared for the plaintiff in court, the ivithoat :
claiming credit for any good motive, he knew that to do it/
would be foolish, profitless and disagreeable. lie must say,
however, that the mode In which the case had been conducted
had led to the long continuance of this imposture : hitherto
lu any observationt that he hati made upon this topic he
had mostly muffed the foundation for them In the short-
hand writers' notes, and the Mita lc noel.' judge whether they
were or nut well founded. They had at All evelita been made
openly, and in some cases had been sharply answered on the
spot. It had, however, never been his intention in any way to
impute dishonourable conduct of a personal character to the
counsel on the other aide; but, so tarns he had founded those
observations upon specific matters or upon passages in the
shorthand writers' notes, he must adhere to them. Ile
would not df aw attentl on to some mattersof which he thought
he had a right to complete, but it nmst be borne lumina that
they could not know upon what instructions the things he
cioniplalued of had been done or said, lie proposedl first
to make a few observations upon the manlier he which the
case had been got up out of court They would remember how
affidavits of identity had been got up and circulated to get
other witnesses. lie complained of this as being unusual
and discreditable, and as not being fair when the question
v.us one of identity. Again, there was scarcely a case where
tho Witneea did not see the piebald alone and upon appoint-
talent, to that there cottlil be ample opportunity for prepara-
tion, and in many cases their ttatethenta haft beta taken
down before even the plaintiff saw them.
After commenting on other circumstaucee In connection
with the conduct of the case, the Attorney-General went on
to say :—Why had not the learned Serpent adopted the sug-
gestion of the l.rd Chief Justice, and put the plaintiff first
into the box I He mid Piet he would conduct the case in
his own way, and lie nest put slot cf highly respectable wit-
nesses into the box to say that they bad Identified him at pre-
pared interviews, and before they had the advantage of hearing
the plaintiff himself examined in court. This, of course,
Was done to give an air of respectability to the ease ; and
people said, "Of course there must be something in it.
Sir lalbut Centtabla and Mr. Scott identified him ; they
are gentlemen of high hotiol,, anti he must be the
man." In this way a factitious recpectability was
acquired for the caw. Not one of the pile:Afire wit-
noises of this class had been sicked after they had heard the
plaintiff's statements what they thought of him. The observa-
Hone of the learned judge as to calling the plaintiff having
been made on the lath of May, it was not until the lieth of May
that lie fotced iuto the witness-box. Mr. (attar,' then ex-
alt-lined him as only be could eSamitie him, upon carefully
prepared statements got up by the plalsitiff. lle was asked
of matters connected with the army and with other Wilms
Stratitily to thole his aVonderflil memory, when it svas now
clear that he been getting up the circtimstances for four years
from official documents and other sources. It was just as
If the plaintiff hail been examined as to his recollection of
what he had read in a three volume novel. What was the
plaintiff's conduct in the box 1 Having been beaten into the
seltness•boa, he Went down at the ropes every ten minutes.
It had been said that he would die of fatty itegeneratiou
of the heart "sooner or later," but Mr. (Duda being asked,
he said, "Yes, but he thought it would be later." (Laughter.)
The doctors soon disposed of his pretensiona of illness, and
then he came up day by day " smiling "a laugh), and sitting
In the bog waving his "spare glove" In the face of the jury.
Then, again, the learned Serjeaut whenever he could claimed
"privilege " for the plaintiff. The plaintiff also himself
claimed " privilege " of another kind upon the grimed that
he Was not bound to answer anything that might place him
in a crinffual dock. He fully understood Usti yet again and
again he declined to answer questions as to his Australian
life, Ho himself placed his identity upon physical marks,
and the jury would recollect the persistence with which an
applttation for the examination of the plaintiff's marks was
refused until it war comparatively useless, lie suggested
that in the meatitinte Sharks Inel. been mused, or others
had been obliterated, ill °Diet that the appearance might
curare with the plaintitta case. Attempts were made to
teat the memory of the plaintiff, but th.e attempts were
broken again by objections and interruptions of the learned
Serjeant ; and thcre were people about the plaintiff who
were guilty of prompting him, and of which promptings he
instantly tool. advantage. The Orton letters had been kept
back, and when produced it was only by piecemeal, and all
of them had net even now been produced, nor had there
been produces! the Auatralian correspandence which the
plaintiff said he had left with Mr. Dawaon at Melbourne.
They had good reason for knowing that some of these letters
showed the claimant's utter ignorance of Tichborne matters
at that early period. They knew that a large number of
letters were in possession of the dowager which the claimant
hail got hold of unknown to her, and what had become of
them? They dowager had shown they knew Miss Brain had
many of Roger's letters, but they hail never seen them and
never would. -
• •

After further comments on the other witnesses who had
been examined, and the evidence given, the attorney-Ge-
tieral continued :—The attaek on Mrs. Radcliffe was one of
the foulest ever made by man or woman. He—
Invents worse names and spreads worse calumnies
Than wit can speak or pregnant spite devise,
Strike honie, gash deep, nor lie, nor slander spare,
For wounds tho' cured, may leave behind a scar."
But of all the persons whom he had maligned in this ease, he
believed that the worst maligned person was Roger Charles
Tichborne himself. That gallant, generous, and tender-hearted
young titan, who lay now gift and cold far from these
contests, after his long Unquiet, finding rod submerged
beneath the waters of the Atlantic. The plaintiff seemed to
have thought at first that the dowager wanted him to
join in a conspiracy, and finding this was not so, he said
she had given him a deal of trouble, and he thought he
would not leave Australia. The "poor foolish old m 5 n"
of Mr. lialgent, who Moore said would have recognised
an Egyptian mummy, if labelled ° Roger "—they did
not know what she thought during her residence with this
man, nor when she died. If she sank under the
circumstancos which surrounded her, and the doubts
which might have afflicted her, it would be a far
more Intelligent story than that she had been hunted
to death by her family. It was said that the plaintiff knew
what only Roger could have known, lie knew, In fact, what
many people who knew Roger could have told him, and
the sources by which the information had been obtained
was pretty clearly pointed out. In Australia and here, at
first, he was In absolute ignorance of circumstances which
Roger could not have but known. After a time he got a
sort of glimmering of knowledge, which increased from
holm to hour as he visited places and saw persons who could
impart It. Ilisconiluct was just that of a conscious imposter,
and not of a true claimant. He went about muffled up in
secret, and saw soldiers, and picked up evidence and infer-
million from day to day. At the end of nearly five years he
presented himself for examination, and then he only knew what
Ike people he had seen had told him of Roger, and nothing
more. Ile could not pronounce his mother's liana, lie knew
nothing of Paris or of Stoneyhurst and of the army he knew
absolutely nothing but what the people surrounding him
could tell him. He did not know the places where Roger
passed months nor the names of his friends and acquaint.
eaves. In his crests-examination he fell into thousanda of
hopeless blunders, and he had no knowledge of the one
single romance and passion of Roger's melancholy life.
lie had heard from Gosford that the document in the
"scaled packet" had been destroyed, and he had no know.
ledge of Roger before he went away. Roger had deposited
a copy of it with his cousin, and she would produce it, and
other precious documents, in vindication of her own and of
her late lover's honour. lie told a story of the wreck and
the saving of the crew, hut 110 such ship could be proved to
exist, not a single member of the passengers or crew of the
Osprey was called because there were no such passengers or
crew. Then came the physical portion of the story. Roger
was a thin, delicate, undersized man, this man was large,
tall, oversized, and utterly unlike Roger in person, counte-
nance, expressions, habits, handwriting, and education.
The letters of the two differed absolutely in hand-
writing, grammar, composition, and the mind that was
displayed In them. Roger's letters were those of a gentleman
and they had seen the style, the thought, and the ideas
of the plaintiff before them. It was utterly incredible that
Roger could have sunk to the level of the composer of the
letters from Wagga.Wagga and the other early letters.
The plaintiff had not the marks upon his person that
Roger had and he had minks that Roger had not. His
ears were different from Roger's and the ears changed less
than any other feature. There was the evidence of the
daguerreotypes of Roger when 24, and his ears as shown there
were ears of an entirely different sort to those of the plaint ilf.
Every thing about the man was unlike Roger. This man
had a slouch In his gait and an in turned knee, which Roger
never had. All the members of the Tlchborne family but
two would deny the plaintiff's identity with Roger, as would
also otlitxra in the regiment, gentlemen from Paris, pro.
femora from Stoneyhurst, witnesses from Ireland, and many
other persons. Ile contended that the defendant's case was
made out already, but he should prove it to demonstration
if necessary.
Throughout this long and weary address to the jury he
had endeavoured to keep close to facts, and now at its coil.
elusion to address exhortation' to the jury would lie
waste of time. They had done their duty to the admi-
ration of all, and he would not attempt to teach them
what they should do. Yet • graver duty they could net
have. The fortunes of a noble estate and family de-
pended upon their verdict ; and it rested upon them to
say whether the estates should be held in future by a person
whom he still called a conapirator, a perjurer, a forger,
a slanderer, and a villain. When Chedsock Tichborne
came to lay down his head on Towerhill, he spoke of the
family as having been unstained in its place in Hampshire
for 200 years before the Cinquest. Three hundred more long
years, had rolled by since the days of Queen Elizabeth, and
the ortunes of this great and ancient family were now em-
bodied In the little child whom he represented. For him he
asked their verdict. lie asked torn° favour, no indulgence; but
he asked only that they should do what they thought just and
right according to the strictest principles of English law,
and the clearest rules of reason. Ile knew that they would
do right, because be had absolute faith in • body of English
gentlemen. English justice could rail through them wield
the sword or strike down the impeder and the criminal,
but It did lie in them to admineter justice. In com-
plete confidence.he awaited the result for his ease was right,
and they were just. Applause.)
Mr. Serjeant Ballantine, at the corrlusion of the address,
handed in the letter of Wood, whim they had always ar-
ranged should be handed in at this peed, he said. Ile also
handed in another letter from the wimess Allen. Ile said he
did not propose that they should beread, but the witnesses
could be recalled if necessary.
Some discussion took place, and Mlbe end it was arranged
that the two wituessea should be brolght up from the cotuitr,
sad recalled.

Lord Bellew was then called and said : I was at Eitelnylmrst
with Roger Charles Tichburne In 1847 and 1848. We were
both " philosophers." We lived at a house called the
" Seminary." During those two yews I saw a good deal of
Ron,. Tichborne. We were not in any class exactly. I saw
most rn rr ! moving recreation time. I have a recollection
of his app,arance. 1. tes . the plait:did during his cross-
examination for about three h6tirs formed a judgment
Upon him.
What was it ?—I could discover nothing that put fgr
its
Mind of Roger Tichhorne. In my judgment and belief he is
not Roger Charles Tichbome.
Po you remember doing anything to either of hls arms set
Sto,iyhrlrst I remember tattooing one of his arms. It was
, the left arm.
- •- -

Wm there extsting any other tattoo mark on the arm ?
Yes, there was. It Was a heart, across, aml an anchor.
What dld yea tattoo upon the arm f—l tattooed " it. C. T.'.
It was about two Inches from the wrist on the Inner part of
the arm. The other marks were above my tattoo marks,
but below the elbow. . ••

What materials did you use? —lndian ink and three needles
Inserted in a small handle of deal. There was also a small
mark on the wrist. It was apparently the result of tattooing
lolly done it was a "splotch." After i tattooed the arm
I frequently saw it bare up to the time of his leaving Stony-
hunt. All the marks still remained there the last time I
saw the arm. When I tattooed Roger, he the same day as-
sisted In tattooing an anchor on my arm, lids was done
with the same Ink and the same needles.
Mr. Hawkins : Just show It. .

Lord Bellew You will not be able to see it at a distance,
for it le very small. . .

Mr, llasskinsl Will you go and show it to the jury.
The witness walked to the jury-box, and did so. lie con
tinned Nothing has been done to my mark since it was first
done. The letters "R.LI. were half an inch long a little
longer than the anchor on my ann. The letters rail length-
ways of the arm. Roger and I lived in the Seminary for the
greater part of two years. Tim building wan known at
Stonyhurst by that name.
Mr. Hawkins: The plaintiff swore that he did not know it
under that name.
Witness ; There were two cottages near the mill on the
right hand side as you go to Stonyhurst by the long avenue.
They are before yen get to Stony:burst. I never heard of any
student living in these cottages. I never heard that Roger
or any other student resided in any cottage at all at Stony.
burst. The dinner hour at the neminary was somewhere
about five o'clock.
The plaintiff said, "We dined at rahl.day." Is that tenet
En, it is not true.
lie also said, "We generally had Saturdays free." Was
finterday a " free-day "at Stonyhurste—Not at the Seminary
lie said lie attended lectures in liebrew, Latin, and Greek ,
Were there any lectitres given to the philosophers in Ile-
brewt—Never.
He said there were playgrounds back and front_: is that
accurate I—lt is not. The playground Wu In the right
wing facing the college. It was part of the old garden I
always heard. There was no playground at the back of the
college.
Phl the playground ••extood down to the Ribble?No the Aimee wt, not within a mile of 11, at too6h
guess.
Did it extend to the Hodder I—No
Was cricket played at Stonyhurst 1-7,4 strictly cricket ;
It was called "Stonyhurst cricket" It Ives played with a
different shaped bat. The bowling and the stri/11 fit Were
ptcity nearly the same, but there were stones instead of
wicgas It leas played on the gravel at the college play-
ground. las net remember any cricket at the Seminary.
The Lord Chief Justice The plaintiff eald the "cricket
field" was down by the side of the haek of the church.
Witness Ido not recognise the description nor recollect
any cricket field. " Bandy " was played at noneyhurst,
roger was very fond of it. 1 never heard it called by any
ether name. I never heard any part of the students called
the laity," in distinction from anything else. They were all
laity. Roger. was very fond of smoklog. Ile built a little
hovel at the bottom of a wood, and smoked there. We were
not, strictly speaking, allowed to stook, and the building
was to hide us. I recollect a student—John Dartlett —dying
whilst we were at Stonyhurst. Roger knew him well, There
were only about eleven philosophers the first year, and
16 or 17 the following year. The numbers are correct within
one or two.
To the Lord Chief Justice: In the college, I think, there
were 100 or 160 boys.
Mr. lirtwkins The plaintiff said there were hoer 90 philo-
sophers; and that altogether there were from 150 to ISO
students at Stoueyhuret. Ile alto mid he saw you at Cahir.
Witness : I never was at Caine in my Hie la laugh).
Cross-examined I met him in Ireland, at my father's
place, Burmeath, and in Dublin. Cahir is in the county
rorg. I shall be forty-two next June. I did not sleep in
the same roem with Roger. Ile was then slight and about
my height prig whim he was in the Carabineers. I saw him
in Dahlia in 1949.
Wag that when you had a hotte hilled Can you recollect
such an incident have killed many. 'l4 laugh.) I cut
the head off one horse I killed while hunting to be 'deserved.
This was about the time I saw Roger in Dublin. I believe
Mei the head was left to be preserved, and never famed
away. My impression Is that Roger was slightly knocked-
kneed I remember no movement of his eyebrows. There
was no twitching about the eyebrows or forehead.
When did you first mention your haring tattooed Roger !
I might have done so amour my relations eonie time ego. I
mentioned it to Mr. John Wolsey. This was last swing. I
have no doubt I mentioned it long before that, but I cannot
say When or to whom. 1 knew the matter was in litigation.
I suppose I knew of it years ago, but I can't say when. I
must have heard of it.
Did it not occur to you that it might be very important to
communicate with the family afloat the tattoo I—No, I
thought it was so well kn awn that there not!ld ho no neces-
sity. I communicated it to Mr. Bowker last June. This wae
before I saw the plaintiff ; about a fortnight or three weeks_
I saw Mr. Beaker is consequence of a letter from him. I
have the letter, but it loin Ireland. I mentioned the whole
of the tattoo marks in the first interview. I said there were
tattoo marks before I tattooed. I have no doubt whatever
about this. I did not recollect at the time whether I had
tattoeed "Faith, hope, and Charity," en the three letters.
On thinking it over I satisfied my mind that it Wet the
"R. C. T." I have an Indistinct recollection of his saying
something about the previous marks being done by sailors.
I think it was the spring of the second year that I tattooed
Roger. He spoke English badly at the time. I believe the
tattooing was done in my room. I think Henry Segar was
there at the thne. I have heard that he is dead.
At four o'clock the further hearing Was adjourned.