The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-30 00:00:00

liy anybody elilef—Yes, previously by Mr. Harding.

_
Who Is he don't know.
See If you can see him I—(Wltnees looking round): Yee
there he ts pain log to defendant's secretary).
- --

When was that f—A night or two before, when Mr.
Creighn spoke to me. He asked me If I knew anything of
Orton falling off his pony He was alone when he spoke to
me. I went up to the "White lion," and found Mr. Harding
In a private.room, doing some writing. It was Creighton's
parlour. Ile wrote down what I told him, and then some
days att rwards I went to the 'White Lim," I did not see
anybody else when I saw Harding, and there was nobody
outside waiting. Harding wan doing a little genteel writing
by himself.

-Mr. Hawkins : On himself. (A laugh.)
Wltnem (who apparently was a little deaf) : What did you
say—repeat that again my loot?

Mr. Hawkins : Don t call me " my lord," because I am not
one. (A Imigh )

,
Withers Well, then, my learned friend. Roars of
laughter).

Mr. Hawking : I dtsclatm that as well, (Laughter). Then
be was doing this "gentle" writing?

Witmer : When I went in he was writing.
Did you see the Defendant there that night '—Oh, no '
You seem mirpris.d '—Why should ii (A laugh.)
I don't know I should—But did you not see the De-
fendant 4-1 did not.

This was two or three nights before the lath of .1 uly ?
Yee.

Then on the 16th July you told Mr. Harcourt something
which he wrote now° ?-1-es.

Who was present ?—There was one person In the room, hut
I don't know who It was.

Whether or not, when Orton fell off the pony was there
any braise on the face beanies the cut could not see the
crowd was too large tor we to get near. It was & cut, and
bh.edirg freely, but I cannot any what other hurts there
might be.

Ey the Lord Chief Justice I mentioned the circumstances
of the fall publicly two or three years ago.

By Mr Justice Mellor : I last saw the mark on his (see in
August Or September. 1853—about two mouths before I last
saw him. I can't speak positively to dates.

- -
By the Foreman : The strapping Ohl mot go ecrose the
nom.

By a Juryman : I knew him to be Arthur from hie father
calling him by that name.

John Yates : I Inn a boot and shoe maker In Whiteohapel
I worked VI. the Orton family. I knew Arthur, and I re-
wiper tile going to sea In lii43 I have nova seen him since.
He had high cheek-be-., large hands and feet—t e largest
feet I ever measured for a lad of 14.—his feet were broad and
g He was very mu h In-kneed. His hair was rather
light. Ills eyes were blue. Arthur's boots when 14 were
double the size of the defendant's. I don't keep books
be rinse mine Is an off hand trade. I can produce the last on
which I made Arthur's boots. The defendant Is not at all
WEB Arthur.

Cros..ecsrolned by Mr. Hewitt= There le not the lean
resemblance between them, they are t. tally Cifferent In the
upper pa,t of the head I can't recoliect the abet e f his
Doer. Arthur had a gruff busty voice. I call the defendant's
every mild voice—not at all thick or husky

Mr. Ilawkins : A mild, soft voice?
Witness : Something similar to 3 our own.
The Lord Chief Justice: Do you mean that!
Witt.lll S Vet.

Mr. Ilswkine : Then I'll icy nothing more to you about it

Re-examined : I heard the defendant speak about two
minutes I have come to ',plait the truth. and lam not to
be shaken.

By the Lord Chief Justice I might have made shoes for
all the family I have b-en in trade about tlfty years, and
never kept books. I have no marks on George or Arthur's
It,. I have made other hoots on them.

The Lord Chief Justice: You most fetch your lute.
Joseph Willisme engineer ,:n th. Sonth-E,stern Railway,
sail : In lrlt and 1r45 I worked In high-airier, Shadwell. I
had to pass old Gen rge Orton's shop to go to my work. I
knew Arthur, G,orip-, and Chornu. butt was not partfculsrly
acquainted with them. I bathed frequently with Arthur and
the brothers. Ile had no marks on his person, and had no
malformation. This was before he went to sea. He had a
g ,r,rl siz-d brawny hand, and was able to pull a good Sc. Ile
had also a horse oat foot—he had nigh crises none., and
he was slightly bitted with the sm di pg. I met him in
Fehrutry or March. 1E52 In ftstclifie.highway, and shook
hands with him. He was taller, •nd had grown to about
Sit. DIM. He was more manly in appearance. I first saw
the defeneldit about • n onth mio I examined him with
core. He Is not the Arthur Orten that I knew. His voice Is
not like Arthur's. Orton's V. ire was coarse, with nothing
musical about it. The defendant's is soft.

Crossegamined by Mr. Serjeant Parry: I am about five
years older than Arthur Octon I can't say when Arthur
Orton had the emall.p u but I know he was marked with it.
I used to row up to Battersea with Arthur. I don't know If
it was a celebrated pigeon shooting place. I was never
there with him at a pigeon shooting match. About
three r four weeks SIM, I was in the "Dun Cow," in
the Kent-road, and hearing a bit of an argument
going on I johnd in, and afterwards I received
a letter to call on the defendant in Pimlico. I was
there about half an bout lam sure I had nothing to drink
or MD, to. I don't like cigars, hot I am very toed
"bacca." I could ad see (bat the defendant was knock-
kneed. If I bad known you intended to ask me tithe de-
fendant was perfectly straight-legged I would have pot a
straight-edge to him. (Laughter.) I don't know if Arthur
had St. Vitus's dance he might have been a little hit
fidgetty; butt can't remember any " twitching "or " slob-
bering.'

Re-examined : I lint bathed with Arthur tri the river In
1814 It there had been • brown mark on Arthur, I moat
have seen It. 1 believed how.. marked with the email pox
before he went to sea. I have heard Arthur called 'fat
Orton."

By the Lord Chief Jnetlce : Had you drunk with him after
he came home In 1852?

Witness : I beg you pardon, do you moan I was drunk?

Tile Lord Chief Juet'ce No ; I prefer tieing drunk to drank,
If you have no objection.

Witness : Oh, yes, I have drunk with him several times.
Joseph Billing., examining officer in the Customs, said : I
knew the )rton family. I remember Ar:bur up to the lime
of his leaving at the end of 19.52 lie was bit, bin. high, a
little In kneed, had large flat feet, and large hand.. He was a
clurn•y fellow. Athur had perfectly straight light hair
and light Woe eyes. The defendant's hair Is mnch darker
and his hand. and feet are smaller. I first saw
the defendant at the Pavilion Theatre, and had a good
look et him tt roue an opera glass hut I was not satisfied,
and went • seonni time. After carefully ex ,mining tins, I
game to the conclusion that he was not Arthur Orton. The
tutraphs re...unbind the Orton'., hut the defendant's
general appearance dove not agree with Arthur'. There Is
nothing in his voice that resembles rthur's—tbo latter had
• rough voice. I have a perfect recollection of Arthur wear-
ing earrings at the end of 1891, hut I nip have an Impres-
sion that he was pock-marked. I believe the defendant is
not Arthur Orton.

Cron. examined by Mr. Hawkins I have spoken to Arthur
On board shin when he brought the meat. I never noticed
be had St. Vitus's dance. I have seen a nervousnees about
the face. He had rather thick lipv, hut I never noticed any
"slobbering." He was rather like his father. Arthur had
large ears. I can't say if they were like nts father's. He
bad a medium sized neck. His shoulders were • little mond
and high, and tct.k off a little of the length of the neck, so
to to give him the appearance of a short neck. He had
a remarkably awkward walk. I saw him about
ten minutes on each occasion at the Pavilion. I did not
leave the Pavilion on the first OCC.OIOO in the belief that he
was Arthur. I went there in the belief that I was going to
In Artt or Orion. I never saw him out of his butchering
Clothes. I never saw Arthur I Orton walk on any stage I did
not 0. ice tug thick hussy shout the voice. Decidedly there
Is r °Vatic in it like Arthur's
Hy tie Judi. Metier I never saw any mark Of sch on
Arthur's face.
Mr. Yeates having returned with the lasts, produced them
to the court, and said they were in the same state ite when
he last used them for Arthur Orton.

By the Lord Chief Justice : I call this last a flat-footed
one. Idoin t call it a high hintep : it is high on the Instep
certainly, hat lace up hoots have to he made higher on the
inst. p than ordinary boot. Toe leather and brass nails will
ice..p bright as now tor yr are. I have used the lasta occa-
sionally. thvy are about li Inches in length.

By a Juryman I have 260 sets of lasts. I know It mufti-
clehtly well t swear It was the last I used for Arthur.
The next witness was Henry Steer, a firebrick clay mer-
chant, who in 845-61 had horn barman of the White Swan,"
in Wapping. and raw to take Care of s horse there He knew
Arthur Orion, be Raid, who was • good rough rider, and used
,lien to go out with him He had a little twitching in his
features, and he had earrings In Memos. Ihe witness told him
he looked more likes 1•0111Yri than a man, and en he took them
out. More he went away In 1862 he was slightly mitred with
smallpox. He had no thumb like the defendant'a His
hair was light, but It grew somewhat darker. He had
very large band—a "shoulder of mutton" hand—and he
had very large feet. Hi. gait was peculiar, both legs turning
to the left. lie had aeon the defendant, Init had not spoken
to him, as he should have done if he had fancied he was
Arthur Orion; but h. was not. In cross-examination, the
said he was sure he knew Orton well. Ile saw the
defendant first fonr or five year. ago near Cr-,(l°n. He
went to the defendant's attorneys about three mouth, ago
quite voluntarily. The witness said he had a business near
Poole, Dorsetshire, hut he had given as Las address 21, Si
Mary Axe, where his letters came.

Toe Lord Chief Justice : Where dl.l you live in April hat?
You and I are scynaintsores. You did not live near Poole
then?

Wttneu: No, I did not.
Mr. Firrjeant Pam You were a claimant yourself, I
Ndieve, at the Klogstou AINIZOS belore the Lord Chief
Jostler I—Ye..

The Ld.rd Chief Justice I have sent for my noes,. Take
earn witness.

Mr. norjeant Parry Yon claimed £2 000 from • railway
aompany

You described yourself then as a speculative bander ?
Yea
Were not your wife and child at the beginning of the yetr
In Wandsworth workhouse t—l had applied for pariah relief.
rho, were not in the workhouse.
Dii they receive It I—l do not recollect.
Were y u examined at Kingston I:—Yes, by you yourself.
Wanes'ses were called for the defence, and the Jury stoppi,l
the case, did they not was noneulted.
They did not believe you i—The 'Moaner.
You were a witness I—Yes, on my own behalf,
The Lord Chief Justice : The jory Interposed. Now, do
you pa, ay rent or royalty at Ponle?—l pay according to
what I have.
Where do you live '—At Lytche, near Poole.
Whom do you pay it to don't know the name ; It goes
to the estate along with the clay [have._
. . .

Have you any residence in London i—No ; I have been at a
coffee-house for a week .

.„.
Where are your family /—PArtly tn Essex, partly In
Croydon.
ce the trial at Kingston have yoa been In a court of
Justice 7—Yes, several time..
'

H ive you been be a police court since the triali—Yee, but
not charged with anything. •
•

Was there not • tnatttr about a walstcnat P—A person had
• walstr•ost unlawfully, and I had him locked up.

That was one of yonr wanes.s at the trial

In re-examination the witness waa asked about the action,
and he sahl that It was for an ac,l!ent ; he was Ecoll'g over •
railway bridge and there was a hole In it, and he tell.

The Lord Chief Justice : Don't any there was a hole; I
tried the CIILIAO. You swore there was • hole In the bride° ;
but a host of witneeses swore there was not, and the jury
st..pp,d the case, and I was quite satisfied with their scrota
against you.
The witness, however, per,isted that his story was true,
and that he had been rotund by the accident. lie said he had
called several evitneesess at the trial—the company celled
many. Their bvideuce took up two days. The case wag tried
by *special jury. He said he now remembered that he paid
Petit or royalty to • gentleman named Yalden down in
Dorretshire.

The next witness was one I 'me, a stevedore, who had lived
he said, all his life in Wapping. and had known the Orton's
well, fie had known Arthur Orton up to the time he went
abroad, and he had a distinct recollection of him. HI. hair
had been light, but it was growing darker when he last saw
blur; his hands acre large and bony; his em rs were large,
and he wore earrings. Ills thumb was not like the de-
fendant's.
The Led Chief Justice : You may safely assume that.
Witness said he should know his friend, Arthur Orton,
and this was not him.
- - • -

Mr. Hawkins, In cross examination: Wm he a friend of
yours I—Nu, not more than neighbours' children are.
You never were an acqusintance of his ?—Not more than
passing along the stretts.
Yon did not converse with klm I—Not more than "Good
morning."
Did you know his brothersl—Yes.
Which did you know best I—Charles and Thomas.
Dld you know Edmund /—Yek

When did you Se 6 him last P-In 1888, I think.
Are you sure 7-Not certain.
Did you or did you not In 1888 see him P-I won't say that
year, but about that time.
How came you to see him 1-Palling In the shop.
That Is five years ago ?-Yes.
What shop 1-The butcher's shop.
The one kept by old George Orion? -Yes. ,
You menu that 1-Yes. According to my knowledge.
Mr. Justice Lush : De you mean that the father was keep-
Inc the .hp then ?-I thb k he was.
The Lord Chief Joatlee : What are you talking of? The
father was dead bet 4re 16843
Witness: I must be mistaken.
Was It In ISBy 7-No.
Was it In 18671-I can't SS].
sorely you can say when you last saw Edmund Orton t-No,
c,n't say to a year.
Within Ave years P-I can't say.
Is your memory so MOP- I cmnot.
You knew as much of Edmund ..of Arthur 7-Yes.
You saw Edmund long after you saw ArthurP-I think I
did.

How many years after I—Four or five.
you saw E.imunil in the shop, ton say. What made you
say 1668 ?—lt was. mistake it went slip of the tongue?
Toe Lord Chief Justice : When did you last see Edmund
orlon?
Witness About eight years ago.
lu the shop !—I thnk.o.
The lo rd Chief Justice Is he lining?

ii1;111-0/1t1113 We believe so: there I. no evidence about
it at present. (to the w itnese— ou saw hire eight years
ago f—Yes
You are sure of Ill—Yea.
You rernemtur the shop being closed t—Yes.
How long before that did you see E.lmund I—About two
"Li47d he wesr earrings ?-1 won't swear he had not.
Had he fares bands and feet P—in prop Ttiou to the rest of
the innilty; they beet all large heut+s and feet.
Was tl.ere a strong family resemblance 1— rhere was.
—ho that if )ou law an Orton Gce you would know lil—

•
I i there nothing about the detetident's late like It I—Not
the lead.

Not the slightest I—Not the slightest.
It wont I not be possible to any no looking at that ken
la say "That lean Orion? "—Not impoulble.

It would n..t be I.ooosslble that any one should illy
I' I hat's like Orton
You would not be stridised at It I—Certelnly not,
You remember Arthur. voice ?—Yes; It was rough_
There was a strong family resemblance In the voice ?
Yen.
Did they walk In the name way I—Yes.
A little In-kneed ?—Yen
Both feet going the same way l—Yes.

A sort of eideway
Whets did you first see the defendant f—Last year at Mill-
wail Docks, stanoing on the platform at a meeting.
You heard him speak f—Yea.
Did you recognise the vei:e?—No, 1 had never heard it
bet re.
When did you see him again i—At the office of Mr.
Henriques, the defendant's &Want y. 1 went to see the
defendant.
What for I—To satisfy myself whether he was Arthur

Then, you were not satisfied before ?—No.
Vu had seemblin '—Ye., but I had not seen him walk.
"id you see him walk on the latter occasion Is—l saw him
get cut of his cab and go Into the office.
It was net that which altered your pinion ?—N.

You had seen Min before and were net satisfied ?—No.

In re examined .n the witness mild he bad had e good
opportunity of seeing the &fen.' net, soil his walk wu t
Arthur Orton's V. Ice also was softer than Arthur's. Ile
knew Edmund, who was not at all like Arthur, and he know
one tutu the other.
Had Edmund rulings P—No.
The Lard Chief Justice Wie belittled with the rmsllpoi
I did not observe.

Mr Justice Mellor : Was Arthur pitted ?—I never saw It
I was not near enough to see.
lied he any other mark. on his facet—Not that I ever saw.
The witness further stated that he hat imen brought up to
the ic t, that, though he was registered as a seaman, the
nature mark, on his person were not reghitered, even one
which he pointed Oct.
The Court then adjourned:

trial was resumed M ten o'clock on Tuesday
morning.

Edward Joseph Wakeling was the first witneu. He said he
resided at 33, High-street, Wept)lng, and was formerly an
articled pupil of Or I) ,be, a member of the Royal College
of ,otrgeon• of No 151, Old Oravel-lane, fit. Georgealn.the-
East. In 1851 be knew Arthur Orion, and attended him Is
that year from • bit) from a pony. The wound was
two inches above the elboajoint of the left arm. Ile only
attended him on that one oecasion Or Liable afterwards
atteneed him for about smith. Dr. D 'hie died seven years
ego He (witness) neatens-AI the wound ac3ording to Dr.
o ble's Instruction. It would make • permanent mark.
Considerable homoritage came from the wood There
was only the bite of one tooth. There was • small
mark of another tooth outside the arm, but not such as to
en. Re the slightest notice. Ile put on • hot poultice, made
of beret-and-milk, to relieve the Irritation. He left the ac-
count with old Orion. Yaw Arthur when tin wound was
sloughing. The scar left would certainly be permanent.
Had examlned the defendant's left arm carefully, and he
could dlmover no mark upon it. Ile treated the wound in
a miserable manner, not being then • practitioner. He
Meant he rolled • st,ck of caustic abctut it in • clumsy
manner and made It considerably larger. The mark left
wa, about the sine of a shilling, and was decidedly in.
delible.

In cross examination by Mr. Hawkins this wltneu said :—I
was born in 1833 Dr D Mle kept books, but in • rather lax
manner. He nail •maiden sister who also acted as howernald.
He kept no servant, but • charwoman was occasionally em-
ployed. There was a shop and • surgery, and private room. it.
the house. Dr Donie only kept a day book, coil! made the
entries in It when he was away. I burned this hp, k anti a
great many others besides four years ago, including a large
old will; I don't know whose I was nt Dr. Doilies
executor. He left no execn,rs Ills sister told me I misrbt
take what•booke II ked. I burned the books under peculiar
dr u instances. Walking d..wn Ludgetehill I hougt t a look
entitled 'How to Masts Sloppy," for tenpence, which I
th,dight contained some Information which would he useful
to • friend who was going to leave!, dome time afterward.
I found Mrs. Wateling hod torn out six leaves of the NAL
to make • fire with, and I said in a fit of temper, he
blest I l don't show sou how to make a fire." I then took
eviry book In the place and burned them,' sitting inp all
nieht for the purpose. (laughter.)

. .
Do you really ask the Jury to believe that I—They may
believe It or not, but It Is title. I can call with..< ato It.

Cross-examination continued I have not been drinking
this morning. You. I have had • gins. of mild-and-hitter. I
geterally have that the first thing in the morning, and late,
in the day if oecasion requires. Dr Doble never kept a
I. dger ; he was one of the old-fashioned school, and only po,
things down as they occurred. I wily burned hooks con.
nee ed with the medical profession. There were some printed
books among those I burned, including • Bible.

The lisri Chief Justice: What did you burn the Bible foil
—Well I took it Indlicrlminately.
Mr. Hawkins : Were p u drunk ?—Yee, I was drunk with
temper.

Cross examination c ntinned : My wife Is living with me
now She and my children have had relief from St. George.
parish. I gain my livelihood ciy melding Mr. Hayley. My
wife and fimily are partly supported by mpielf. I did
not know that they received relief from the parish until
the am norities told me. My wife and I had e family
Jar, and cli., sail she could do better without me than
with me. I "My that., I will give you • ohmic.,,"
and I went to Mr. ilaylm's, and she, thinking my house
mu not large enough, went to a larger one—the work-
house.

The Lord Chief Jostles Tr it worth while, Mr. Trawkine,
to continue the crote-examination

Mr. Hawkins !after swum): CartaMly rot, my lord.

To Mr. Kenealy : I never deserted my family. The place
for dlacuaslog these family matters is another court, where
the defendant wl,l have an opportunity of answering for her.
self. I'm sure I shall.

The Lord Chief Justice We shall certainly net sanction
the payment of the expenses of this witness.

The next witness was William Webh, In the employ of the
London Dock Company, living in Burr-street, Wapping, end
sometimes acting as interpreter in connection elth remelt..
He knew old Orton well hum 113'1, in consequence of having
busi,em transactions with him, and also km w Arthnr and
his brothers Charles and Thomas. Recollected distinctly
having once conversation with Arthur shout some Pont...
First saw the defendant at the Camtwidge Altaic Hall. He
was not Arthur Orton he had no resemblance to him In any
way.

-
In crou-szamlnattnn he fait Arthur was a big, stout boy,
but he should be very surprised If be had developed into so
large a man ea the deferment. Ile only recollected speaking
to him onoe.

To the jury: I Mit not observe any marks on Arthur's
face.

To the Lord Chief Justice : I think If he had had any
pock.marks on his face I should here detected them.

William Dick, a pilot, or Stepney. said he knew Arthut
Orton from 1,44 to 1850. lie believed he wore earriuga, but
was not certain snout it.

thnt ntlumsu (the def.ndent) Aithn• Orton-1 should
say not; ho. tiotlitug like

In reply to Mr. Hawkins, he wild the defendant had tonne
resemblance to old Orton.

l'he Lord Chief Justice In what d 011• the re•SODISCIO. I
consist t—l cannot sive you any reason for saying it, Mat In I
My ran mind I think thereto a resemblance.
Mr Justice M nor la that your opinion t—ties.
The Lord Chief Justice asked the witnen to try and dl5
cover In what the reaemblauce consisted I—l cammt answer.
Mr. Hawkins Is there a general resemblance I—Yea.
To a juryman There was a decided resemblance between
Arthur and old Orion.
John BP y ocod, a bootmaltsr. who wee apprenticed next
door to the Orions, gave vine positive eel tube about
Arthur, whom he sold he knew from his boyhood. He bade
mark on the face like Scut it was on the lett cheek. He
also lido 4 mark on tlO temple, the result of another cut, and
a mark OR the hock of his head. Ile saw a boy throw an
oyster she'l at Arthur. and It struck him on the bock of the
head and brought blood. The boy's name wan John Garland.
Arthur had his ears pierced, and wore small .tll3ll fie made
and repaired Arthuia shoes for Ms ...ter. The defendant's
foot was much smaller—. more, eater." Knew Arthur Orton
was bitten by a pony, but did not see the occurrence. The
defendant IVY not Arthur Orton.
Cros,examined by Ssrjeant Parry I was told of; the acci.
clout and the cut on the cheek. I can't remember if I have
it,..ken to Weston about that cut. I might have done so
once r r twice—or four or One times, lie mieht have told
inn where the cut was For the moment I had forcotten that
MO apeken to him about it. I ant spoke to him about it
on Friday last. For the moment you mutated me, and I did
not recollect it. I can't recollect on which temple Arthur
was cut.
-

--
By iho Lord Chief Justice I first saw the cut on the cheek
before Arthur went to sea, but I am riot certain al to the
time. I ,nw it strapped up. The 1118,1ir war there the tat
time I saw him when he came back from sea, and before he
to .11y went away.
• •

by Mr. Serjeant Parry I am as certain that he wore ear-
rings as I am that he was cut in the face blurs he drat went
to sea. The ears were pierce I, and there were wires in the
tars. I liner examined the ears to see II they were pierced.

By Mr. Justice Mellor He wore them constantly after he
came back from sea.

By Mr. Sorjeant Parry : They mint have been constantly
seen by others. Weston told me two years ago that Arthur
had (ho mark on his face I told Weston he had it before he
went to sea, and Weston replied it was right. I knew
Charley, Thomas, the lather, mother, and the three
slaters. I have not 1.005 the sisters for two or three
years. I CAD see DO resemblance between the defendant
and Arthur Orton. I never said any where that I saw a
resemblance. I lint saw the detendant at Crelght.ol's on the
leth July bat, whin Caplan Brown wan there. I saw him
again in this Court la.t Vr.day. Arthur slightly r.s,mr.lrd
his father, and there might have been a family likeness be.
tween him and his brother Tho.nas. I saw the defendant
one . get into his carriage. I did not shout "Bravo, Arthur,"
and snake hands with him. Mr. Lane, my old master, Is
still alive,

It.r-examined by Mr Kenealy t I can't distinctly may when
I lint new the mark n Arthur's cheek.

The Loni Chief Justice : You have twice distinctly said
when tai drat saw it.

{Vitus's,: I have vo distinct recollection.
Toe Lrl Chief Just', Then you have done wrong In
lend:ng as to suppose that you had.

By Mr. Justice Mellor : I thought Arthur would be a big
stout inan. I often heard Arthur speak. I heard the
defendant speak at Cretahtori's ; his voice wee a clear soft
voice Arthur's yoke was milder than the father's. I put
try name down at Creighton's. I did sot tell the person who
took my statement of the mark. ou the cheek and the
temple.

By • Juryman : I made Arthur• boots on • last. I don't
know if It Is now in exiatance. I never nolced a cut on his
hand. I won't be certain whether I saw the cut on his face
Wore he went to sea the first or second time. The sticking-
tauter came near the eye, but I can't say LI it went ova the
nose.

By Mr. Justice DIA I made boots for him from 1837 to
durmg my appreetlce,hip I worked for Mr [Arm ten
years after I was out at my limo, The hut boots I made for
Artnur were W. or 10}.

By Mr. Justlea MoIIr: Arthur had a short, thick neck.

The next %luaus was John Bui.h, a lighternian, who said
he had lived In Wapping all his life, and had known the
(Mons well. lie had known three t f the sons —Thomas,
Charles, and Arthur, who was the youngest Ile remota.
bered his going to sea In ISO, and saw him alter his return
late In 1501. Hu said, " %hat cheer, 1lollcky:" and he
made a rough reply.
•

A Juror Was that the name he was known by ea.
Witness went On: lb was le big again aa I was. lle
near tie feet.

The Lord Chlef•Juit ca : What, In lea ?

Wilma': Yes, is L should judge.

The Lord Chief Justice : Ile was only 58. 9th. in 1852.
Witness : One canmt judge by the eye fits bonds were
and no were his h .I—at leash his shom. Ilia head was
largo, with a Ingo forehead. Witness knew him up to the
tune 43 his going away in 1852. Ile drat saw the defendant
at the Pavilion I h-atre, wilere he paid to s-e bin. iii, de-
fendant appeared on the stage, and witness saw him walk
and heard him speak, lie afterwards saw the defendant at
the nn-eilng at Creight us in Wapping, and had god oppor.
tomtits 01 seeing sod observing him. Being Wiled whether
the defendant leas Arthur Orton, the witness paused. and
then said, •. No, hot. 'JO Arthur 0-ton " and Ming mated if
Viers) was sty reaeuh.anee, said there was lime.

In orota.eaarninatlon he declared he wat not at all like old
OA< n, 'vier In feature, or voice or appearance.

Ilad he the mulct of the mall pox /—No, I know clothing
at .I about It.

Mr. Hawkins : That's just what I supposed. No mark, t--
No.

No sears on Ms facet—N,.
No small-pox, no marks, no scare ?—No.

Yet you Imo.. hiln erell —Yea.

Wants. went n to say—We need to compare hands to.
gether. and I uttd t wty, What a large pale )ou're got
connwred with mine." Ile remembered bla voice; It was
rather thltk and husky.

You h..ve heard the defendant speak l—Yer.
What do you call call it mild. •
Nothing husky about it, eh !—No.
A mild char voice, Yea
What do you call old Ortonk ?-oh, gruff.
Did you ever see Arthur iliton &toed in • suit of black'—
No

Irma newer saw Arthur with a pair of polished patent
blather boots ou

Did Ms sir. at all surprise you —o;: 1 r xpected to gee
great big person.

- You don't rail him a great big person, eh o.
You everted to see an elephant in a black coat ?—No.
You thought Arthur Orion would nave been bigger, did
?Yes

Had you not heard ho WWI Orton ?-1•11.
And you went to see If he WU Orton 4—Yes.
And he was not big enough, and She voice was too clear?
—Yes.

There is nothing In the upper part of the face like old
Orton'. /—No ; I ire nothing.

You went to Creighton's afterwards :—Yes.
Not quite satisfied before 7—No.
You were satisfied at Crtlithton's 7—Yes.
What made you hesitate before ?—I was not sure ; I was
not so near him

The next witness was Abraham Bush, who said he worked
fort stevedore. Ile r• tuerobered Arthur Orton long before
he went to le, the first mu, and he alipt knew Thomas and
Cannes lie remembered Arthur Orion's going to Ilea the
5. cond time, with two ponies. lie had • die Wet rec died
tlon of him, Ire hair at first was very light, but when he
came back from its it was darker, lib never noticed his
ears nor hie month, but Itle voice was peculler, and he
described it.

Note, la the defer dint like Arthur Orton /—Well, there fa
a little Ilkeneee In the old gentltman about the up r part
of the face ; but Arthur Orton promlted to become taller.
-

Well, Is %Me Arthur Ortou 7-lm on my oath, awl he Is
not.

In eross-exemlnation the witness odd he had heard letters
from Arthur o,ton read is Wapping by his father, who said
his son Arthur was shephereing"—atUn dug to sheep and
horses—and witness said, " If he once gets up. It will he a
rum one that will get him off " These letter. were In the
Crimea time (the time of the Crimean War)—before I saw
him the hot time. I never heard letters Ir. m I ion after-
ward.. Arthur was not marked with the small-pox that I
know of.

In re-rvirnlnstlen, the rattles. said he was lure the letters
were during the Crimean War. Ile taw Arthur a few months
afterward.

The next witness was a Mr. CeCkshott, a licensed water-
Men, who had known Wapping since 1e:11, the year of
Arthur Orton's birth. He said he had knewn Arthur from
his childhood, and knew him down to 1,51. Down to that
time he well remembered him, and in that year he often
saw him. At that time his hale was a light brown; not
like the defendant's hair now. He could not Bay anything
U to the tarring., whsther he wore them or n t, hut it was
his impression that he did. Ili. hands w.-re large, "good
Biz sble handy." mock larger than the defendant'e. Being
pressed he said he thought the right hend larger than the
other. (Much laughter.) Arthur had bigger hands and
feet than the deiencant ; hut the defendant'. feet were
ahent the same "In COMperleoll." Arthur's were " n ore
lege," than the defendant's by a good bit. The defendant,
he t•elleved, w.is not Arthur ortan, and had not the teed re-
Iternellnee Co him.
111

the witness said he did not see him
after 1851, and he could not any that he had met him In the
whole .d 18n1 Arthur was a very little like Ms father, and
he was not like Tvorros, who was &different sort of a hien—
"runt° gentlemanly" They were both large made The
defendant was not aka Arthur at all. " There tithe eyebrow
of ate old gentlemen ; " no likeness to hls father. Arthur
had not nal.ch ido.nessto ha father. tie had hot the " large
brew "of his father. The defendant might he a little lite
Thomas, hut he was not like Arthur. Ihe defehdant had
the brow of old Mr. Orton. He doubted whether he was
like Thomas. Pressed further, he said, there', a difference in
not serlng a man alter twenty-two years.

• •
In re-Pxarnitiation the witness said the only possible re
semniance to the father was lathe eyebrow of the defendant.
tie was " almost positive" that the defendant was not
Arthur Orton.

In answer to the Lord Chief .rnstice, the witness said Mrs.
Jury, Arthur's sistiv, was not like him.
In answer to Sir. Justice Mellor, the witness said Arthur
hut five or sin spots on his face after the small-pox—quite
slight, such as would wear out. He observed no other mark.
Arthur had rather • short, thick neck.
he next witness was. Sim. Kennenone, who had lived In
Wapping or many years, up to the age of 23, anal had snows,
the on ms well. She knew Etward and she knew Arthur,
who wan, she sold, two or three years younger. Arthur
had a twitching In the face about the eyes and month when
he was speaking, th,ugh it was better the last time she
saw him than it hod been when young. He walked awls.
war.% and knocked Ms legs together when he walked.
She obarrvrd nothing about his ears nor had she ever noticed
any marks of small-pox. She first saw the defendant
two or three months ago and spoke to him at Poets-corner
She-was there twenty minutes, and had a good opportunity
of observing him, rine had noticed Arthur Orton's voice,
which was gruff, like tits father's So soon a. she saw him
she raid the defendant was not Artnur Orton, and she said
now decidedly he Is nut Arthur Orton.

In cross-examination the vritness mild the defendant had
a mild voice ; not quite clear: not at all ho-ky. She did not
see that the defendant was much like the family. She did
nit see any likeness to his father or any of the brothers. lie
waif not at all like the Orton. ez,ept in bulk. The defendant
was laver than she would have expeJted to see Arthur.
lie tat a heavy brow rather but not so heavy as the Ortons.
mid Mr. Orton had a hearchrow. The deiendaut's was not
so heavy.

The Lord Chief Justice hauled to witness a photograph of
alii Ort..n, which she recognised as a gocd likeness, but ots.
serve, that the Ores., was not so heavy as the original, on
which the Lord Chief Justice observed that it certainly did
not show • very heavy brow.

In answer to Mr. Justice Lush, the witness said she never
noticed any marks on Arthur's face.

- ---
In answer to the Lord Chia Justice, the witness said she
114 d inct and sp, k-n to Arthur up to 18',2, and that she had
never noticed any marks upon his face.

The next witness was a Mr. Jarvis, son of the Mr. Jarvis,
of Bridport, menti .nod In the Wagga Wagga will of the
defendant He had known Arthur for some weeks in
1845, slept with him, and bathed with hint doily, and
he must have noticed the "brown mark" upon him
if he had any, hut he weer saw any. He ssw Orton again
in 1846, when he visited London for Ilse 'reeks, and used to
stay at Orton', house. lie knew Arthur after his re-
turn from sea in 1851, and might have seen Mm two or
three times. He ha a distinct recollection of him. His
hair mote light fl..xt n, his hands were large sired. There
Iv,is nothing that lie noticd in his upper lip, or jaw. Woen
bov he had a nervous affection—a peculiar twitching—
which w. odd prevent his receiving Instruction, but in 131
he M. improved Witness remembered his being bitten in
m "1 P mr—in the 'peer part pf the let, srm The
p,,, .l.ed no and onowleured : there we. no hleeo•
g ;Ste ct was not ten The doctor win, attend,,l him
In Relish* ahnrf so n Jl,l him. (Ilse drat wit-
rest tad the wound hied consid• rshoy, and thA the &en,
was in Old (lravel-laue.) Whims, next on to state that he
saw and heard the defendant elite last tried, but not sinew,

he was astlafted he was not.

In croeseumlnation. the witness maid there was no re-
s .ao,l.aNs to Arthur Orton, not the least. He sao" re
.uniblance in the upper part of the face. Arthur Orion's
f stores were different, his brow was heavier. There was
co r. semblance to the f ether'. brow. Ile saw riO Very
particular likeness. Ile meant that he could see no [Me-
t,el at all. Ile could n. easy that there Wu any resem-
lance. Asked If teem was any difference, he said he
thought old Mr. Orton's brow was more expanded, and pro.
j-cted more. Benin shown the photograph, it turned out
bailie meant the forehead was higher, and he sin muted
bat the pho,ograph Weill a likeness of the old M.. He did
riot agree •it h the witnesses who said that the defendant
had "the brow et old Orton." There was no likeness
in the lower part of the face. Arthur's chin wu not reun
(is another witness had stated), but rather • pointed,"
though he could lint say that this con tinned to 1851. His
neck wu not short nor lone' but me Gum sized, and his
shoulders high up; not so as to give him the appearance 4.f
• short neck ; his neck was not short. He never saw marks
small.pox on his I ace. Si. Vitus's dance he knew he
had. Mr. Usury Angell (whose name Ls in the def.ndant's
Wagga Wan& will) knew Orton well, and used to stay at the
Orton*. house when in Loncon. In 1845, when Arthur was
at Bedford, he was onlia 11, hut he looked like • boy of 12 or
13. During the whole of the visit the witness wild he slept
with him. He admitted that the boy came down there for
the sake of his inalth, being affected with St Vitus's dance.
Generally he went to bed before witness, who WU then
'l7 or 18. Lle could not say he ever went to bed
with him, and he w.nUtted that he used to get
up first ; that is sometimes, but re metimes he saw
: him change his shirt and stand quite naked. This
he swore; and thowsh he would not absolutely swear
there was no mark on his body, he never perceived any.
A. to bathing, he and Arthur used to bathe with other
b dur, seven or eight of them. Asked whether any of the
other boys had marks upon their bodies, he sad no, not
that he noticed, lie never looked for any, but he had
never seen any to notice. Ile admitted that he might
in .t have noticed a light brown mark, nut he should be
sure to not.. • dark brown mark "John Jarvis, Esq "
of Bradford (mentioned in the defendant's will) was wft-
Dem'. father, and knew Arthur well, lie knew • man
named Hallett living at Bridp•.rt, a butcher, a friend of his
fattier's. (It is in evidence that the defendant stated at
Sidney that hi. father's agent w one Hallett, at End port.)
The pony bite was in 180, when witness was @Whig in the
, house, and he knew of no doctor attending him. In 1848
Orton welt to sea, end came back in 1851. He would not
swear that he rem him in 1851, and he certainly fleece saw
hins after 1851, but he believed lie saw him after his return
, from South America. He knew he had seen him, though he
could not say what year. lie would not swear it.
The Lord CininfJunticen But you have sworn It

Witnese said he would 'weer It, though he could not swear
to the yeer, lour would he swear within two years. Still, he
swore he hod aeon him after Ms return, but he could say
nothh.g abut U, eic.pt that It was at the house of the
Orton'. He could not any on which occasion It was, but he
remembered that he stayed half an hour.
"-

the Loro Chief Justice: flow can you swear It was half an
hour!! you can't re weruber the occssiou

The witness said he was sure he saw him, but he could
not remember anything as to the occasion or the con-
versation. lie could remerol.r DO converution with
Orton about his trsvela In South America, ant he lii not
remember the name of lielloilla. Ile had not seen the de-
fendant before the last trial, but at the trial he heard
him give evidence. He traced to resemblance to
the voice of any of .the Orton.. His voice was not
budry, but " mild MA gentlemanly." he would not say
" clear." Asked as to his avocations, the witness said he had
kept a publi,:house Cu Tower-hilt His wife and children
were not with him. The witness said he objected to answer
on this point, as it war purely private.

The Lord Chief Justice observed that union, it went to the
very ro..t of the wilhess's credibility, he hoped it would not
be persisted in.
- • -

Sir. Hawkins at once said he bowed to this suggestion,
as he never would be a party to any questions giving useless
pain.
•• • •

The Lord Chief Justice eald he rt-Pleed to find that such •
good example was set by Mr. Hawkins.

- .
In re-examinatfon the wttnems rrp-ated that he had often
seen Orton undressed, and that tuere was no brown mark
upon him.
- -

The Court wijourilld a little later than usual, as the
cross-examination of the last witness was lengthy.

On Wednesday morning, at the sitting of the Court, Mr.
Hawkins c,niplained that the solicitor for the defet.ce had
not supplied the Crown with the names and addresses of the
witnesses intended to be c tiled within a reasonable time, to
enable inqui les to be made respecting them. Tile name Of
the first witness to be cailed this morning was only sent in
late lest night.

Mr. K-nealy said he had only followed the course pursued
by toe Crown towards the defendant.

The Lord Chit.' Justice observed that it the arrangement
Si to giving the Ulkale, of witnesses was not carried out their
expenses would n.,t be allowed.

Mr. liessaly said It should ba remembered that all his mil-
lions! Were voloutrars.

Mr Justice Stator I do not etre whether they are or not,
anti I do not bppr.ve than statements.

_
Mr. Kenealy wild they differed from the Crown with ssea
In that respect.

The Lord Chief Justice What does it signify whether they
are volunteer witnesses or not.

Mr. fienesly :I think It signifies very much.
T. Lord Chief Jtutice Not in the administration of jus-
tice.

Mr. Kenealy said they had not the lame p.wer over voltur
witurisr.

The Lord Chief Justice : But it does not absolve you from
the neceunity of givieg notice.

h,rca, Grady, a smith, who call he knew Arthur Orton
In I-44 out ag+in in MI and 14 2 dezoribed him ... a young
1111,1 with light sandy !Wl', large blue eyes, high cheekbones,
•rry tar, hands, called in Wapping shoulder if muttm
fists," once ant a half as large as the defendant', hands, on.
finally large eon, and peculiar large feet. He had two pro-
jecting teeth In the uoper jaw, causing the upper lip to pro-
ject, so that the imay.h reamed to bo cmtinually open. He
had only a slight remembrance of his wearing. e itch mi. The
right Pot Irm most remarkable ; he ha no spring in it, and
he walked flatfooted. His general appearance was that of a
great big overgrown ill-formed fellow, with • rough coarse
vtdee

Is this gentleman (the defenlaul) Arthur Ortoni—Ds-
cidetily not.

The witness then mad that he first maw the defendant at
Mll Nail, shortly after he was released from Newg.te, when
he addressed n large aunience. Ile tr might he was golf gto
see Arthur Orton, and he was surprised to be deceived.
there was Lot the slb,htest resemblance in his voice to
Arthur. Ile was quite satisfied he was not Arthur Orton.

Cr as-examined by Mr Hawkins : Does your description of
Arthur, a great, big, overgrown, ill-formcd fellow," app'y in
any respect to the defencant : Well, he is cert stub stout,
bu: I don't believe he 1..0 tall. It struck me that Arthur
would grow Into a tall man, but not in bulk, because he was
a raw-boned, strong, muscular man.

The Lord Chief Justice Was he a fleshy man r—He was
not a skinny man, but he was not fleshy Ile had long bones
and large limns. Ile was neither this nor stout.

The *twee also said that the ears were s large that they
did net seem to belong to a natural being. The last time he
saw Arthur he was about hit 91 in He had not noticed that
the two front "e•Areaponding" teeth of the defendant were
gone.

T. Mr. Kenealy : 1 am positive the defendant Is not
Arthur Orton.

By Mr. Justice Lush : Arthur was sometimes called slob-
bery and IBllocky. The boys used often to say, here comes
" buffalo breed'

By Mr. Justice Mellor : He bad a rnseHum slzed neck.

By a Juryman I did not notice a sear on his lace. I have
a slight reeLlaction, hut I will not swear that he ma. marked
with the small-pox. It Arthur's teeth had been remove 1 it
would have altered the appearance of his upper lip. His
lower lip was very heavy: I don't know anything about the
Shetland pony.

Elfzshath Lancaster, who had lived fifty years in Wapping,
and wf-II knew the Orion.. gave a similar description of
Arthur when she liut saw him twenty years ago. She thought
the defendant was not Arthur Orion. and was confident
there was no resemblance iii the defendant to him.

To the Lord Chief Justice? George Orton had light hair
and was very like Arthur. He was inclined to he big like
him. The, were ad great by boys, and she should suppose
they wou,d grow lute big men Had no intimacy with the
Orions, except as neighb,urs. Her only knowledge of Arthur
was seeing him In the street and shop.

Elbert Chan berlato, a rettred butcher, living at the City
Almshouses Brixton, said he carried on business in Barking-
alley for Wirt, years, and well knew old Orton. lie also
knew Arthur from 1140 to 1140, sod recollected hi* apppear-
ance at that period. He did not believe the defendant was
Arthur. Ihere was not the taut resemblance that he could
nee.

The Lord Chief Junlice said that se this was the first
butcher called, be wished to ask him If it would take some
time tows person to learn to cut op meat cleverly end well.
The witness laid It would take I nu or live years to learn to
do It well.

And then he must have some one to Instruct him I—Ye.;
and all the time.

To the Jury : Butchers wear Mager boot. than other people
hecau•e they weer thick stockings to keep their feet warm in
the slaughter-house, and the boots must be large in pro.
portion They wear large and clumsy boot..

Susannah Scott, the wife of a shipwright living in Grin-
alley, Si George's-In the-Etat, who said she em to the habit
of playing with Arihur Orton as a boy, deposed that She
wt-nt with her husband to the Pavilion Theatre to tee the
defenda,t, bat was not satisfied about him. Raw him a
si-cond time at Poets' corner, but did not discover the
sllght,at resemblance in him to Arthur,
Crosaexambied : Did not see any resemblance whatever,
etc, pt that he was slut. Arthur was like his father, but
stonier. Thomas was alto st ut. The defendant wita slightly
like Thomas in build, hut be had not so large a no.w. Did
not know that the defendant had met with an accident to
his nose.

Joseph Manning, a shiprigger, living In the Commercial-
nad, said he was at school with Arthur, who was about
nine months younger—nest at a Mr it 4sellor's and seconoly
at Mr. Knight's. tie last taw Arthur In 1847. Furst saw the
defa intent this morning In c mut, and could see no likeness
In him to Arthur.

The Important part of this wltuess's evidence had re-
ference to the cut across the palm of Arthur's left hand
which was spoken to by Finn's 0% a previous day. He
said that once Arthur, hololha out his hand, said, " Look
here, Joe, here's a scar l shell carry a ith me to my grave"
Arthur then said, "When you came Into the shop after 3ou
returned from you first v yap to Cronstaut you fell down
In a t, and being alarmed; the knife ia my baud slipped
and male this cut." Ito witues said this brought the
occurrence to his recqlection. Ile had come •if hie ship
for some meat, sal being seivd eith en attack of cholera
he fell &IWO li, the shop and wax taken to a doctor's close hy
where he Mem. Insensible.

HAVO you a good recollection of Arthur Orton 7—l hardly
recollect him.
Do you see any likeness In that gentleman to hlm /—No. In
my Judgment he Is not Arthur Orton.

Mr. Hawkins called attention to the feet that although the
name of this witness was given last night as one who would
prone that the defencant was not Arthur Orton, yet he nevtr
saw the defendant until this morning

Having been cross examined at considerable length u to
the incident ix the .hp, the witness said he did not me any
resemelacce whatever in the defendant except that Arthur
.as given to flesh and was stout.

To the jury I have not examined the defendant's hands
Mr. Kenealy : Un can examine them now,
The witness then examined the left hand, but saki he did
not see any mat k on the palm.

John Searle, formerly in the service of s butcher at Wap-
ping, sale he had of ten played with Atthur he his father's
caret. Übe nelehdant did not bring to his recollection any
features of Arthur.

TtAtt etltnette could not recollect anethlng about Arthtlr,
anti the L I'd Chief Justice mild he should not allow hie ex
ponies.

John James Lever, a matt-maker, who knew the Ortons,
said he did not thb k the defendant wan Arthur Orton. He
added, "I don't think nature c ,uld make that man out of
Arthur Orton."

In mums,' ,mtuatlon he said he did not see Arthur after
IBi7 or IF4B. He thouKht he was the:. about levelpteen. It
would be news to lie to be t dd that he was then only
thirteen or fourteen at the elitlrde.

Gorge beerthop ke. per, who went to sci,ol
with Arthur Orton, an I It saw WM in 1843, said the det.n•
dant was not the lee.t like him.

Croat-examined by Mr. Hawklnt : My memory Is pre ty
good. I fix 104 S because I 'u then a blectut bakrr. I
on Y now hi. obie: I pivwd him In the street. He said,
' How are you, George C" in tes mud sloblxry manner.
He hod a tettohing re the banes and the lip armee he
uke I chmt rtmenOrr a tettol In the eye. I Surly he
Lad it. Vitus's dares. Arthur's hand, in 1044 were pretty
nigh on big as the eetewlett's are ,mw. I hsvor a 'ho to the
detec
William Lewis. a Ll:rehouse lighterinim, told he knew

Arthur Orton to 1842 and 18t8 but did not see him after he
went to we. The Oereo4anl Ir. not Arthur Orton.
Joshu• V. e•tinoreland, a roan in the service of the %Wiest'
(lent .us Coo, plo p said no maw Arthur Or on at the Wapptng
regatte of lent tie had wires in his ear.. Tie defendant
was not Arthur Orton.

Crouesfunir el witneas had • perfectly distinct recollec-
tion of Arthur wearing wirar.

Agnes Caston said she wss born In High street, Wonlug,
and knew Arthur Orton well She first saw the defendant a
fortnight ego. She felt convinced he was not Arthur Orton.
She feecied at first she saw a slight resemblance about the
eyes, but on closer Inspection she became convinced to the
contrary.
- - - • •• - •

By Mr. Justice Mellor She never noticed that Arthur had
B. Vitues dance.
John P. 41 a Wapping lightermsn, said he knew Arthur
Orton very welt in len], when he csom from sea. The
do-
lsdcnt was hot at all like Arthur Orion.
The Con t then adjourned.
_ .

[Oar limited space precludes us from giving more
than the foregoing condense 1 account.]