The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-01-03 00:00:00

THE TICHBORNE TRIAL.

r/ •
fbni ihoied space precludes] us from giving MON
than the following 0011dt1.,11b4l account.]
HUNDRED AND FORTY•SIXTH DAY.
The resuihotion of the trial on Monday wall marked
by on unusual event. There we, abut 500 pereous
assemble in Westminster ; cool the Defendant,
on bet arrival, was received with some cheering; but
the moment he bad pooped op the steps and through
the entrance door a determined and a seemingly pre-
emies ite i rush was made teenier after him. The three or
four seolicemen in charge of the door, mansi.ed to ;et it
tartially (lobed, and with the help of the tide the
inch war stop; ed. Gradually the policemen inside
were paned through, and at length being stroog
enough, they compelled the attacking force to retire,
and in a few minutes a cordon at a much greater die.
Wee WIC formed. Within the court there WM a full
attendance, but no inconvenient crowding.
The Judges took their seats at twelve o'clock.

Mr. Kemal). said learned friend, Mr. Cooper Wylie
:
has commoulested to me certain observations which your
lerdshler paseed on me reap cang my restricting the no.
mote der of my speech to eve laps
The Lord Chief Justice Not to flee tlays. We thought a
toll working week would be sufficient
Mr, le. nerdy ill hal all the dente in the world, I might
not be able.
he L r Chief dustier, Thera must be certain limit, to
your anidrea. h swithetan ling th • imp rrtonee of this
case, we must not forget that tore ceart site to admlni.ter
lustros not only in this cue, but in oeher came in which her
Majesty's subjects are concertos,/ We cannot help Drinking
that you have dwelt at undo' length on Miff ng topics, arid
*tat much time lies been wrested over unuecesaary attacks
. epee persons who do not seem to unto be open to (hem.
Imputations end accusations of this kind hose taken up •
great deal ca your speech
Mr. K enealv—l did not make such accusations or Imputa-
tions wept where I thought they ought to ice made.
The Lord Chief Justice —No long as we lea that you are
dealing with really irsnpor'an t topics, hearing properly on the
was, there will he no disposition on oi V part to curtail or
abridge your address by • tingle moment But, tilt hewnne
necessary, we shall certainly exercise one pewee to place •
Limit 5.15 time.
Mr. Hared) When this CA3O was before the Common
Pleas culy shout 100 witnesses were examined, and the trial
lasted 109 days Here there have been 600 witnesses
examined, and we are &trout the 115th day, so that contrast-
log they two comer-
-the Lord Chief Justice r Your privilege now has been the
summing up the evidence, whereas yon have—stet we
have not sought op to Stile time to I eterfere with the exercise
of your discretion—gone • great dent over the same gerund.
air Henan, I did not tared that. The evidence of the
Oriel, al, heats I did allnde tummy opening address, Ills
rue, buttes dill, rent point of 007 from that which I put
forward recently.
he Lord Chief Justice : Just understand this: We are
not desirous to carry out to the letter what we 5.1,1 the
other day but we put it to you to do what you Cilll not to
consume the public time noisceasartly. No long as we feel
you are really endeavouring to assist the court and jury to
come to a right coucluston, we shell not be disposed to it,
Lettere.
Mr K mealy : The observations I have made which your
lordship thought did not go to the main polut of the case,
were In reply to peal,o a of Mr. Hawkins's epeech.
Mr. Justice Lush Ali that belonged to the clowning speech.
The right of course e now is to sum up.
Mr. K rorealy : I wag called upon to bring my opening
speech to a close and come to the evidence, and it will
be remembered that 1 reamed X, myself the right to
speak upon the military witnesses, and the Miss Doughty
business.
The Lord Chief Justice: I think we understand each other
bow.
Mr. Kenealy sail that was so, and then proceeded to re-
sume his address to the hay, disclalmlug any intention
of Occupy lug more of their t, me then necessary . He then,
, resumed his comments on the Wapping witnesses
for the pros. curl,on as to Ortoe, not noticing the evidence
of his own ..in. sees Allndieg to the evidence of Sir.
Angell, an old friend of the Orton femily, whose name had
been pat (with that of James another of their old friends)
Into his Wage Wagga will,tend woo spoke to an inter-
view with the defendant in the presence of Mr.
Holmes when the wiliness reminded him et the will, n.l
which Holorm had not heard, arid the defendant denied it,
Mr. Honesty suggested as to this that the deteudaht bad
" forgotten all about it," and commentleg upon the observa-
tion of Hermes to Angell as t' the Ortems, "Tory are a bad
lot," b. said that the. Miaow" a very good reason for his
not cat no at yof them as witnesses. He also crempared this
forgetfulness of the defendant as to the will with his eimilar
fergethi Mess in his answers to GOMM about the time of the
will at Wages Wages but as to OAS
The Lord Chief hatted observed Met these answers of
the defendant were made at Sydney alter he had left Wages
Wags, where the will was made. Mr. Gliabes hearing from
the Dowager after the defendent had left Wags Wages,
and nudism her statements so differeht from those of the de-
fendant (as to the place of Rogers bir(h and eoecation, hie
having been an' hicer in the army, rec.„ went to Sydney to
see him and question him, and thee It was that the defendant
gas those answer's (that he was born In Doreetshire, was
Mare at a oyhunt, and Wllllllot 111 lather in the army, but
• private, ner
Mr. Kenealy el:aerated that the defendent had really
[menage all about these matters, just as he had forgotten
the fact of his Wag.. %%eggs well, when he douled it at
the Itterview with Holmes and Augell. He then went
on to conclude his coo meets on the Wepping wit-
nesses as to Orton, and then proceeded to comment
on the evidence of Donna llayley, smother of the
witnesses for the prosecution, who spoke to the defendant
having been at Meltpilla for • year or two abc.ut 1860
(Song Lesions Roger was in South Amer a), and who also
spoke to venous circumstances tendieg to show his identity
with Arthur Orton, especially his MolGlol log the names of
Orion's sisters and his having upon the inside of his fore-
arm, a little /rhea tin, wrist, the initiate "A. 0 ," which
the prosecutten suggested had been erased by cautery
Commenter upon the evidence of this witness, Mr. Renaly
suggested that it was not credible. For Instance, he urged,
as he had mad at some length Is hie former speech, gnat
it wee not probable that a youth like Orton would
have been entertained 03 lone at Meth:Us that he would
be baptised there (as eke said), that he would h ad such
conversations, and that he would have such a mark on his
wrist. lie then reverted to the evidence of several other
witnesses, who spoke to their having aeon the tattooed
ipltials weirdo'', and he set against them the evidence of
Many of the Wapping witnesses that they had not observed
the marks. 1,1. insisted, as he bad done before, that at to
.Donna Bayley her evidence ceuld nsell be true on all points,
and theretore "falae in one false In aff," upon which
The Foremensield,—Do you propose to apply that maxim to
the evidence of "Captain Brow,; I"
Mr. Honesty n That I will deal with when I COlll9 In the
eVidenceot Captain Brown; end I Scowl ritual have to come
to him. At present I am comrneotlng on the evidence of
the witnesses for the erosecution a to the existence et
tattooed initials upon Ortetee arm.
A Jure observed that Hopwood had spoken to them.
Mr. Kenai) urged. as he had done in his former speech,
that the evitleoce of Ll.rpwood was not reliable. tie went on tee
...rnent en the evidence of other of the Australian witnesses
for the prosecution sot Orton. Adverting to the evidence
of Mr. Smith, who geld h., bed oe,erved now well kept the
butcher's shop of the ii, fondant at Welters Wags was, he oh.
laved that this wr s jest what mitnt hove been expected, as.
Miming him to have Mien a gentleman. But upon this
The Lord Chief Justice observed that the wittrees wet ton
to ay that " the meat waft cut no no well ; '' and
Mr. Plaice elellor alluded to the totter part tot the
evidence of the witnersho welch he stated thett the de-
fendant had said he had heen brougat up to the baldness,
and knew Newgate Market. etc.
Mr. Haresiy upon this proceeded to comment upon the
evidence of 'sir Smith with a view to show that it was not
reliable. He particularly adverted to one part of the wit.
nestle evidence in which he Anted that the defendant
always seemed very much fivored to the Roman Catholics.
How could Oh be trio of Arthur Oriole (especially as if
was said he had been trapt'sed In South America among the
Roman Catholics), and he probably had Ire religion at all?
r. Kenealy indeted that this part ot the evidence of the
Mamas Mr smith was utterly untrue and was, In short,
"pare invention." In support of this view be urged that
on Mr. Smith being shown the " Ihttendregh letters"—that
Is, the Monism's ietter• to lire. entendregh, the wife of
one of the clerks of the family astorney, making inquireen as
10th. orton coat—he had recogelzed teem all as in the
handwriting of the defendant. whereas Mr Chebot had Weer'
its. hie olatulou that one or two of them were net. C ening
to the ad lona of Mr. Cdoitt, who said the defendant signed
himself "Sir Roger 1 ichborne, Berk" Mr. Honestly said it
was • "foreign custom," and that French nohl men did it,
which the L uroColsidustlnelaughisig pd-sled However Mr.
Kenealy still insisted on it that it was to He then parsed
on to notice theavidenoe of Mr. Purcell, the barrister who
bad gone nut to B. oth America and gave evieence fer the
prosemition. lie adverted -o the evidence as to the charge
at Castlemaine agatat Orton of horse stealing: se to
which the defendant hal snorer that he was charged with
Orion, and another witness for the prosecution had stated
that only one person was charged, though Mr. Purcell had
found no trace of such a charge tat all in the bee Ire there. As
to this, Mr. Kemal suggested that the defendant could have
had no motive for inventing snob a statement and that he
might have coo f .und ed sous charge at another place. Ad-
vent ng to the evidence of Mr Purcell, that tie had searched
the custom-hense at Melbourne, eed had could no trace of
any Osyrey tin tee menthe of July or enguee, 1554—except
the small Oeprey fri m Olargow, Mr. Kenealy urged that a
respectable retteest had stated that alongside the Glattow
Orrprey he had sees a large Oeprey, at some lima in 1854:
and nut It vas beyond a dount that there was a large
vessel called 11-:e Osyrey at Melbourne In 1854, though it had
not hen shown tone ntered at the Un.toin-honse He had
already commented upon the evidence of the ()Prey wife
Emma, who, it whn be remembered, varied greatly as to the
time they saw the vessel there (from May to september),
and none of them stated when the ship arrived, hoc where It
came from.
Tne Foreman remarked that it appeared there were two
Oryreys—oue from Glasgow and one DOM Bristol, both
human vessels.
Mr. Kenealy said there was evidence as to a large Osprey
with some gallon on board.
A Juror n W nere did she come from?
Mr. Kett.-01) : 011. IA to that, I can't say. The witness
should have been asked abont It (He was not asked.) But
there was oniy one Mee Ogprry sposen to, and there Is so
Mahe of lion the Belt re Ate udom. hense.
Mr. Justice Lush In the months of July or August. The
learned Judge added toil the evidence of the witeessers for
the prosecution as to the Osprey n a e tt arrive In June.
A Juror observed that the delendat's octet hook ehowed
that he arrived at Hobert town in July, 1864.
Mr. K surely n I don't believe he ever was there In his life.
The Juror-. lie says he was there.
Mr.
bock Kenealy Oh, yea : there Is the entry In Ms pocket,
, no doubt.
The Juror it Is in his handwriting.
Mr. geneely sold the p cket.b.mk had been "acquired
leloolously," acid the pErl,ll who so lantana it wound not
rated what clubs did. Ile went et, ton .ment, sa he had
done befere, on the evidence of the oth-r Amtrallan wit-
nesses as to the defeneant beteg Orton, es; ertolly the
M'Allsters, Mrs Mheelister, the widow of Sl...Foster, who heel
employed the defendant at li Midas and SPAlleter, her Ire.
sent husband, Mr. F ,ster's forn.er ma:lsar. Both three sere.
tresses swore that the defendant is Orton, but Mr. Koneary
cenrmented upon their evidence, with a view t n how that
the descrittions given of Omen did not correepond with the
defendant. lie went on to comment upon the evidence as to
the papers relating to the action brought by Orton In 1E59
containing orlon's signature, the wh 'le of which had been
denied by the defendant. He went on to animadvert on the
books produced by the SPAteters, as containing the name,
of the persons who worked for them in 7.651-18 l 9, and which
did not contain the name of Castro, hut did contain the same
of Orton. lie made upon that, books the earns remake
he had made before and which then receiveri a fell and
particular renewer from the Bench. Adverting to the
evidence Sr to the eefendat sending money to Ott'
sisters and mother undir the nom, of Brand, Mr. Henesly
said he coufeared he could hot explain this part of the
arse, but he could only rugged that lite client might hays
owed his life to Althue (Iron in one of their whet
expedithens, and that therefore he had sought out
Orion's rareness to relieve these Passing on to notice the
evidence ii the affront.. for the defence to negative the
identity of the defendant with Orton, he aid he placed
ThE at reliatice on one faeure remarkable In Orton end
which he snorted is absent in the 1, fendant—"Mgh
cheek-house ' mei broad oh. is. Ile had called, he said, 49
who spoke to Orion's Mgt,
or 60 withenes from wens, g
cheek-bones. 1 here was ;mother minter Idcalty, said Mr
Kenealy. eqnally unme tekeble, squally Indelible, equally
deceive, ano that, was tele masks of the airiest'. 1 went).
seven witnesses, said Mr. Kenealy, have morn that Orton'e
ears were pierced, arid ninneen of them swore he wore thugs
or wins. Habig reviewed the evidence tbst Ortot.'s tare
were pierced, fele .K emelt said his medical evidence showed
that the marks were indelible. Urort which, however.
The Foreman laughed end said he had known more than
ors person whose ears hart been pierced, though their ears
now showed no traces of it.
The Court then again adjourned.
After the ad.; ~at of t4e Court, when the
Claimant was n h. it, to enter his brougham, a rah
was "de by a pert of the crowd, the lines kept hy
tie police were beaten, and some 40 or 50 veople got
at either side of the vehicle, shouting at their utmost.

When the carriage left the yard mute of the riglfl
men anaimot the crowd made MI attempt to get out of
the yard by breaking the cordons oi police which bar all
egress during the time—s. me ten minutes— when tile
j_udgea and counsel may be taking their departure.
This atteuint, like that of the morning, when the
crowd in Weerruhater Hall tried to carry the door lead-
ing to the Com t rI Queen's lisnah by storm, was also
foiled by the firmness of the police ; but although there
wits a great deal of unplesaaut pushing, no arrest we,
made, Measure, wilt be taken by the authorities to
prevent a repetition of the attempt to get Mt the
court. Chiefly owing to the fact that the present
is holiday time, there were in Palace yard, and the
streets near it, several thousand persms, many of t tim
fonalee. On Mmday, a body of about 100 constables
won on duty, under six inspectors.

The Court did not Pit until twenty minutes patt ten
o'clock on Tuesday morning, inconsequence of the non
arrival of one of the jurymen. The Lord Chief Justice
uns ire% ented, owing to indimpositiou, from taking hie
seat on the bench with hie learned brethren.
Sir. Kenealy continued its analysis of the evidence for
Oho defence to show trait the Claimant could Oct possibly
be Arthur Orton As to the queetiou of hair, denying that
there wen a tittle of ev.dence to prove that laos
defendant% had dyed or otherwise dealt with his heir to
alter its natural colour, be described It as of a rich dark
brown shale, aunt contrasted It with the accoun% given of
Orion's hair. Upon this subject 16 witnesses had been
called by the Crown sod 69 for the defendant, and of the
latter 35 said that OrteuW heir was remarkably light, 4 fair,
6 flaxen, sandy, I ginger, I amber, 3 auburn I white. I
light yellow, and 26 light brown. Again, 61 witues.ee deposed
to Orton 'tartej large, clornsy, shoulder-of-mutton bands,
while the defendant's were angularly small and delicate, and
had {yeti°, fingers. About the same number of witnesses
gave test= iny as to Orton'. feat, and ol these 47 said
they were burge, 6 brow% 3 leen, 5 clumsy, 2 awk-
ward 9 said he was Oat-footed, 6 splay-footed, and 1
duck footed, If these per cna were to be believed
it was impossible that the defendant could be Orton,
because his feet were small, with a high instep, as the jury
saw, end ass had been proved by the production of his owe
boots. As marry as geventy-four witnesses spoke to the size
of Orion. and of these Untie -six laid he was a "big, large
man." The defendant was riot • big large man.' (Laugh-
tee) Ile was a stout, fleshy man, but that was very
&ffarent. Other witoesses described Orton as big built,
with large limbs ; as buy, awkward, burly, broad set,
and rough-looklug as lourging, bay, bulkleg, and
elhvenly ; and at Ih-shaped, strong, heavy, and muscular,
with large head and round features, lie had further
been spoken of as coarse, vulgar, stupid, and
liot one et these things applied to the chteirdant. the was !
emelt boned, nut carried a great deal of sure us fee No one .
ever saw hlru Lurk coarse, vulgar, 'Weld, or sulks, hut all
must have noticed his almost painfully pensive and menu*
eh r.y expression, which ws• • peculiar characteristic of Roger
llchbores, as w.II as his dark end saturnine countenance,
which, at all event., he could not heed dyed, even supp,s-
tog he had maulpuleled his hair, the defendant was
also oarbicularly beat to his dreamt arid precise in all tars
Wats.. 00 the other harm, Orton was said to be a team
of villainous look, witch was not at all impronable if, as
had been suggested, he murdered Ballarat Berry and lei
the sort of lite which some witnesses represented he di I in
the bush. As another proof that the defendant could uut he
Orton, he said that by proper military measurement his
height was Sit. lie., able Orton, before gong to sew and
before he hail ceased growing, was 5 ft. 14 in., and wit-
ness.s who saw him after his return dee:Abed him as a
man of sft to in., end from that to 6 ft. Mr. K °nerdy then
passed to the habits and manners of the defer daet. which
he argued presented a remarkable contrast to Orion',,
and, referring to one statement that the latter had a great
repugnance to writing, observed that was certainly not
eve of the defendant', qualities, as during the present
trial he had been continually writing, arid If all his
writings were collected, they would form a v, lame
of immense belle Orton had also a large mouth and an
overhangtng thick lip, and his front teeth protruded. As to
his neck, the substance of the evidence was that it was of
medium S',, neither long nor short. His nose was large
arid prominent, and corresponded with his bulky frame.
Another peculiarity which distin :uished Orton from the d
tendert% wee the scar on the left cheek. The defendent had
no scar. Orton had ale, a scar on his hand ; the defendant
had nit Another crucial test lathe pock merks There are
none on the defendant. Twenty weven wirnesse. have
spoken Ppsitively to Arthur Orton being pitted wito small
pox, end ten that he was slightly marked I ban now
gone through the various peculiarities proved to exist In
Arthur Orton, and which are not to be foumi in the de-
, fealties*, and I will next point out the means the de-
, feudant's witnesses had of forming • valid opinion
upon these pecullaritlec Fifty-nine witnesses have been
called by the defendant who knew Arthur Orton at Wappirg
and in the neighbour:toed. One who knew him at Wanton g,
and saw him at Santiago in Lower Ctlllords in 1850; nine
whilestes knew him when in Australia, one who received •
receipt there signed lichborne identified the defeueant as
the person who gave it to him In Australia, and seven wit-
nese°. knew Arthur °Arm an Castro in Australia as distinct
persons. The learned counall then at great length quoted and
commented on this part ot the evidence, and sold if Arthur
Orton had a brown spot on his side, it must have been seen
by toe witnesses who bathed with him when bays In the
Than es, at Wapping ; arid as to the voice. I than show by
the Bichborne witneases that Roger's voice was not Co re-
markably cilierent from the delenalsut's as the prosecution
wishes you to believe. Itere are many physical centre why
Cure should be a sib ht alteration In it bow :Tom what It was
In tell. The ant mpt to identify Edmund Orton with the
wouud resulting in a scar on the face, and his wearing
earriege, instead of Arthur 0-too, must be lon ked linen with
disfavour, I must again urge upon jou that it will ha un-
fair to rely upon dates, aid if you are led by a will &Abe-
wisp like dotes you will be misled, aud do an !Wallace to
the defendant.

Thu Foreman : You can't call dates a wilto'-the-wtsp.
Mr. Nene. Yee I do In this cue.
A Juryman : They sre the metal points in this clue.
Mr Keneely : With all due deference to you I don't think
so; but, 3f course, I must bow to your united decision.
The learned counsel occupied the remainder of the
day in analysing the evidence, and the Court again
adjauxned.

The further hearing of the Case was resumed on
Wednesday morning. The Lord Chief Justice was
again absent.
Mr. Kenealy resumed his reading and his olimervations on
the Orton evidence It was impossible, he said, to conceive
two men so distinctly dies' allsr as Arthur Orton and the
defendant, and a man who had learnt to dissect and cut up
animals as the defendant did in Paris and at Stonyhurit
would have no difficulty in cu Olin; up lumps of meat, as lie
did when in Australia. In referrif gto the Australian pho-
tographs he deefitined them as mor sires tais,” aim a .h 1
they no more resonnied the defendant than tie King of
Ashantee.
_ _

The Ifs reman : One rf your wltne.ses slid the could trace
a lisemess of the defendant in them.
Mr. Bcnesly : That is so. Id ,n't care for that, and my
reason for calling attention to them is to warn you against
Oscine tc o much reliance on them. The witnesses were
asked a number of questions about Edmund and !homes
Orton, bat they mien, as well nave been asked about the
man in the moon for any bearing they have on the case. I
am told that photographs can ho touched up to as to give a
change of expreesion, and I am inclined to believe it has
been done in this cue.
_