The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1872-03-09 00:00:00

tattoo marks have taken me by surprise. I r. from
a reference in the speech of the Attorney-Genarl. seat there
would be • question about tattoo marks: but !did not form
the idea that it would have been invested with such ime
?dila... Had we know', ft tzveral witnesses called on
mhalf of the rlalmant might have been asked the ques-
tion ; and I cannot help thinking that if this was to be
the crucial test the question ought to have beeal
n
manner in which the ease has been conducted e
specifically put to them. I tit complain of the
by thother
side ; but I am surprised try the way in which thin portion
gener
e. nu
has been dealt with. supporeng the fru, to Iner• been
governed 3010 l'y the evidence. I am of raid it would not
he consistent with my duty to my clients and the public to
withdraw from the ease, because I am ins position to recall
witneasta and to call others whose evidence might have
tie effect if altering too °Melee of the jury. The
jury will, I trust, pardon Wte if 1 saY the
their statement is pa vaget. Will they be pleased
ta recorisrde what thee have stated, end to place in other
terms the views they eash tii convey? I wish to say, in con-
clusien, that I have had a very heavy and a very anxious
task to perform 1 and! have endeavoured to peer. m it to
tie best of my ability in the interests of my clients and of
the public, I should desire to have the opportunity of ad-
dressing the jury in reply, but that desire, natural as you will
probably think it, does not form nor element In tie
nation I have arrieed at, to ao on stelai the ease, if the jury
are no* aldir to Present in fuller terms their views upon the
case as it at present stands.
The Attormy-General I shall follow, as far as I can, the
example of my learned friend in the very temperate tone in
which he has addressed you. I simply desire to say, with
respect to the tattoo marks and the remarks made by my
learned friend its to his ant prise at the aspect the point has
assumed, I think it due to the came r represert to point out
that Dr. Lipecumbe wits ekaitilired with respect to the marks
It. C. T. and a cross upon the arm of Boger Tiehborne.
Serjeant Ballantine : Not the cross.
The Attorney-General 1 I beg pardon. No, not the cross,
but the letters IL C. I'. The witness Cole was also exa-
mined tin this point. So tar as I am concerned, and to
far as those who are acting with me are chncerned, thrust
assert that -althrergh 1 ifirPlicitly accept my learned
Diemen statetueht that he was taken by surprbe, there
was no hatentien to take him by surprise, and that
enough had tressed, I steroid say, to have suggested to
minds like those of my learned friend, Mr. (infant, and those
who act with them, the c'earest indications of what our case
upon this subject was. I will not do them so mneh injustice
as to suppose they did not appreciate the (Breathers I asked,
bes-ause llbel la page lOU's of the short-hand notes, that the
plaintiff was asked, into examination, various questions 4tt a
minute' character relative to tattoo marks on his person, and
he swore, and swore positively, that he were" not tattooed.
Laughter.' It can hardly therefere he said that luteu
Literally so took sty learned friend by surprise, or that he
had uot that notice which a counsel tor the detente is beund
to give by eross-eseminatlon oi the ease he means to present
to the jury. And further, my lord, in the statement
which Mr. Liescombe admits he made to Mr. Itowker
he mid that the person who made the tattoo marks must
have been either a novice or drunk, as the fetters were not
properly placed in relation to each other, whereupon Ire
was told that they ewers made by a schoolfellow wheu Roger
Tichhorne was at school. Therefore, nte lord, white I int-
plicitly accept my learned Waren stetement that he was
taken by surprise, r cannot agree that there is any reason
for his having been to taken by surprise in the course winch
we have taken. In regard to the other questions I
feel myself placed in a position of singular delicacy and
difficulty. I snppose every one appreciates the difficulty in
which my learned friend is placed, and though I quith under-
state% what Irc means by his statereent, it 13 vety difficult bon
me to follow Lim or to tnarie any suggestion—it. fact, I
should be teansgressing the fine of my duty at present if!
were to do so. Bat I should like to call your lordship's
attention and the attention of the jury to this fact, that the
evidence laid before them already on the part of the defend-
ants has not been coufined try ally means to the question
of the tattoo marks. It has gone far beyond that.
At the same time, of course, I entirely accept cry learned
friends statement, that no statement of fact made by me is
to he acted upon for a nroment by the jury unless that state-
ment of fresh facts is stabstantlated by prOof afterwards. If
the jury, hi this rose as in every other case, are satisfied by
arguments addressed to them already, and by facts put before
them on behalf of the claimant, that is a matter that they
nut only may but ought properly Li take into account in ally
judgment they may favour us with tither now or at any
other time.
Tire Lord Chief Justice Gentlemen of the: fury, the learned
counsel for the pleinttre say! he It hot certain whether he
correctly apprehetida the intimation given in your paper at
our last lavattilw. If your intimation of opinion has pro-
ceeded, not merely upon the evidence given before you, but
on statements made by the Attorney-General which are
not proved it evidence, then you will be good enough,
perhaps, to say so. The next question is this—The
learned counsel for the plaintiff is not certain whether you
take the whole of the evidence given, and intend to ;etiolate
that you require no further eel& Me en the pert of the
deenelante, or whether yet& observations are entirely con-
fined to the tattoo marks. That, I understand, to be the
matter to which the learned counsel for the plaintiff is
desirous of calling your attention, and I have no doubt you
are prepared to answer both these questions. It is not for
me to say more upon the subject. What I have stated I nn-
derstand to be the points you address to the court, Brother
Ballantine
Mr. Serjeaut Ballantine made a gesture of ascent
The Foreman of the Jury f Wilt yets allow us to retire,
my lord
An otdcer wes then seartn to take charge of the jury, and
the juty retired from the court to the judge's private room
at twenty-tive minutes past eleven o'clock.
The jury returned lobo court at twelve o'clock, when
The Foreman said: I am me lorised to state, my lord,
that the views of the jury, expressed in their communica-
tion to the court the day befere yesterday, were breed
upon the entire evideme, as well as that eeletifig lb the
etooing..

Seljeant Ifallantiso My lord, it is not necesery for
me to enter into a consideration that has been introduced
into this case as to what the duties of counsel are under
peculiar dr...lnstances. I !save, fortunately for nij self, 110
difficulty, because my client has given me full author ity to
act, and! under these circumstances I have adrised turn to
submit to a w•nsuit
The Attoille;,,G`eneral Before the plaintiff is called, may
I ask your lordship to take such steps as your lordship thinks
right with regard to all the papers of Mr. Holmes which are
deposited here in the neighbourhood of the must, and which
I have snot seen. I ask your lordship that these payers
should Ice takee possession of Icy the court, 111 case it should
be necessary to use them at some future time.
The Lord Chief Justice ; Before tie it Called I
should &sire to ark Mc. tlahrent question.
Mr. Bairnt haying entered the witness-box,
The Lord Chief .lestiee said : Will you he good enongh,
Mr. haigent. to look at that letter, dated the 'loth of March,
letks, which I now hand Inc you, and which is to be 'mind at
page 11.056 ?
Mr Balked : DUCA your lordship wish me to read it ?
The Lord Chief Justice : I wish you to look at It. Be good
enough to 10 ,k at that part which commences with the thirff
page. I will read the pesage----" Thet latter is tery ak I^. ward.
I should like to se It. IlingELM cats it it is net sir Roger's
writing. it is inervellous ill its resemblance. Arthur Doolan
isenough to take one's breath 50 ay' Now, you may look
at any other part of the letter If jou like, but that is the part
upon which I shall have to ask you a question. and I wish to
give you an opportunity of offering any explanatiou you have
to give of that expresc ion.
Mr, Baigent : About taking my breath away, do you
mean?
The Lord Chief Justice I have called your attention
to H.
Mr. Baient (after some hesitation): Rouse had communi-
cated to nig that he had heard that the man whom Cator thought
Mala Arthur Orton was an Irishman named Arthur Boole.
If such was a fact, of curse Odor's afficlavit became worth-
less, and I had great faith in Cator and upon his atatenient.
In the affidavit, therefore, this statement took me by sur-
prise. It was merely an esdamatien el that, 55rbrite Oat
I intended by Sher hettr lniannt anything by the
expression, V:hich is something like the words people use—
" Vinci could knock Inc down with a feather" (laughter.
The Lord Chief Justice That is all you can say.
Mr. Baigent That is all I can say.
I Mr. Serjeant Ballantine :As far as my duties are cemented
I am glad they have terminated.
The Lord Chief Justice : I did not ask Mr. Bailin; to elite
an explanation • but I though!, lie ostet ti 'e to an op-
portimity of nn'hirg es nine plaintiff in court?
dlr. Serjeant Ballantine 'No, my lord.
The Lord Chief Justice Is he in the building?
Mr. Serjeant Ballasitine No, he is not.
The Lord Chief Justice : Let the plaintiff be called.
Mr. Turner the desk) then called "Sir Roger Charles
Doughty Tichborne, Baronet," three times, but the plaintiff
did not pint in an appearance. ,
The Lord chief -'ustil:e Atter be opinion expressed by
the jutiy, and expressed after mature consideration and de-
liberatias, in this case, awl the plaintiff has eleetmi to be
non-suited, the question arises-- what course I !should take
under the net cc! parliament. The opinion of the jusy is
11111 V placed beyond all doubt Icy what they have stated in
answer to the olcservations which my Brother Ballantine hes
made, and the questions that he has addresliF,l to them.
And, although it may Ice roy duty en en oceasnlu ii4e this
to come to a conclesion as to tras ti;fith Or falseh..d of
the plaintiff's stoiy, yet, oh course, in the exercise of my dis-
cretion I Cholild be governed in a great degree Icy the finding
of the jury. dubstardially that finding Ls a verdict for the
defendant, because it affords my brother Balletine an op-
portunity of electing tube non-suited. He has elected to Ice
Uon-suited, in consermence of the opinion expressed by the
jury. In that opinion I entirely concur, and I feel that I
may as well state at once it has appeared and it does an.
pear to me that the plaintiff has been guilty Of wdltql
and corrupt perjury in his examination, which has beds
taken cm oath before see, nd therefnte thee is reeunable
cattle foe rirrethig hiffi to to prosecuted on this charge, and
I do diftet tin it such prosecution be instituted, and that
the plaintiff be prosecuted accordingly. In pursuance of
the act of parliament which imposes the duty of consider-
ing that quostion 011 the judge, I think it meek -cry to give
OW( t to w-hat I have said hy committing the plaintiff, and
I to cscmncit liim to the custody of the sheriff of Middlesex
to be imprisoned and detained in the common gaol until
the Dee Middlesex Sessions, unless the plaintiff enter intri
and finds bail on his own stempilsancer in the rum Of irfq.kkl
and two sureties of £.2, till ea.h or loth; clinches of Z 1,450
each, to anrwer le pertoli the Charges brought against him.
The act further requires that a certain person or persons
shall he bound over to prosecute its sloth ease, and nutter
these circumstances I find great difficulty and hesitation as
to how this matter shall be dealt with. When I consider
the enormous coat which this trial has already involved,
and with which the defendants have alreally been burdened,
I think the expenses of the prosecution must be defray.' by
the country, under all the circumstances 01 the case. There
is no precedent in which the ttorney-C/eneral has been
bound over to prosecute, and I am Unwilling to create one.
But the prosecution ought to be ender tcce control Id the
government, and of course uoder the Attorney-cieneral as
head of the law department. Coder all the circumstances of
the case, I will Mud over the inspector of isolige who
has been in attendance at this Court during the trial ail pro-
secutor, in order to giVe the goVernment a direct control
over the conduet of the can instead of the indirect one that
they would have by simply directing that the prosecution
should be undertaken, and paying the costs thereof. I don't
ask the Attorney-General Lc give any consent to this 00111.80 ;
Inc can only act unsler the instructions of the government.
At the same Unit if any one has any suggestion to make, I
shall be very happy to listen to them.
' The Attorney-General ;My loid, I stand here to-day in a
somewhat difficult position. 01 anise lam the counsel for
the defendants, and I am also the Attorney-General, nod
therefore, I have myself felt the difficulty of acting in my
public capacity in a matter in which my own private feelings
and interests are so largely embarked ; but after what your
lordship has slid, it entirely relieves me from any personal
feeling in the matter, and I can only say that I will
undertake that the prosecution shall be a public one,
and shall be conducted at the expense of the country.
Perhaps as your lordship has directed the pia/W.1(1011, and as
it all Ice carried on entirely in accordance with your lord-
eggesticin, I ask your lordship to home a benda war-
rant foi the apprehension of the plaintiff.
Mr. Invoctor Dennin; was then in fonnal terms bound
over by Mr. Turiser, the clerk of the court, to prosecute
Thomas Ceram, falsely calling himself Sir Roger Charles
Doughty Tichborne.
His Lord-hip expressed his high sense of the attention
bestowed Icy the jury throughout the rase, • complununt
which was aeknowledged by the foreman.

TILE " PAYMENT OF WAGES" BILL.—A bill
brought in by Mr. Bruce and Mr. Winterbothatn,
"to amend the law with respect to the payment of
wagei to workmen in certain trades," provides that
the whole of the wages of workmen are to be paid in
coin without any deduction and without any condition
as to the spending thereof or any part thereof. Every
contract, deduction, and payment made in contraven-
tion of this provision is to be illegal and void, and
every master and master's agent making such contract
or deduction is to be liable to punishment. No wages
are to be paid at public-homes, and no action or set-off
for goods supplied to a workman will he where goods
have been supplied to him by his master or his master's
agent, on account f his wages, or at any shop kept by
those persons, or in the profits of which they have any
interest. Workmen are also restricted from ebeighiag
elorsies their Wass or mg part tharoat,