The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-12-20 00:00:00

THE TICHBORNE TRIAL

[Our limited space precludes us from giving more
than the following condensed accmnt.l

ONE HUNDRED AND FORTY JURY DAY.

Mr. Irately resumed bis address on Monday morning by
referring to the ridden CP given relatrye to any Osprey being
in Melbourne Hsroour in July 1g154: A conslderante le Ilion
of the mottling was o7cupleil in • most Will es examination
and comparison of she svit'ence gin n by the respective nit-
neeses for the defence t posi,this point. ia senates; of
evidence the to irued counsel said that the en n he saw on
board the ship separate fr 'm the cr w, and c luveraing
together, could lest to to oi her lnfr ice than that they be-
t mged to the Bea 4, end that they were c insulting what idols
they should take on their getting on shore at Melbourne
The subscription on shore, al-o spoken to by the rime
witness, further strengthened the supposition that it was for
the 111 en who were landed from the Osprey.

- -
A jurymen: Di t B,gge say that he saw the name on the
vessel
Mr. Kessealy : No. Ile sabil .ho was the Ospres, and that
at stermut was nt challenged by the protiectuton. All the
witnesses concur in proving that she was three-m.sted, but
in what p.rticular way the masts sere 1 urniehed .oth yards
and sails the jury, I should think, will not :are much about,
the main point being whether or not an Osprey was In tab.&
in Melbourne /lay. lie cared not whetner she was s-en
In June, July, or Anngsisl, 1864. So long as he sh wed
them, as he confidently assert- at his witnesses did, that
an Osprey was there about that time, was all he cared
about Mr. P,t.r M. Ru.seil, a merchant In New
Lonuon-street, City, however, was under the Impres-
sion that else heel an Osprey figure-head. although
toe other witnesses dewiness It as a " ' and
a 'b-diet" head. There cau be no moral doubt that
Mr Russell Is prsctically right In Lis Impresti di, be-
cause be bought the small Scotch Orprry, and that
impressed the name c n his memory. Aloe tenni, ye,rs it
was likely some slight discrepanciess wou.d arts° In the recol-
lections of the witnesses on such small point.. Adverting
to the gold fever raging in Melbourne at the time—
A Juryman asktd If It had not been troved that ships
during that time returned to England.
Mr. Ktnealy : Yea, But I care nothing for that. This
man had been leading a will and dissloated life in Rio, and
aft. r h s must, ks on board the Osprey he had made uo his
mind to pursu • an entire y diderent and wild sort of and
therefore I don't lay any stress on the fact. one way or the
other, that sh Ise were reaming to England from Melbourne.
The Lord C let duet'. What value do 'us, pat upon the
flait..4 of tne to I I fever/ You have c•Il at wltn ..... to
eh ov that It exlss.d at the time, and that th,e was great
d.fllculty in getting crews to bring the vets Is home. Of
what. Vie Is the fact except to corro -.rat toe defendants
st!t th.t he cold imtg to passage hone?

Mr K-aealy The was I u.e It Is ihis. It my wilt)...s an
mistaken on ihot point they might al Lo be mistaken in their
recollection of there ocrar an Osprey a, Melbourne Itoily
goes to the acmracy of their recoi.ection. The wituesset who ,
were called for the prosem,ti di and who said there was n
gold fever, taunt be entirely .11 r !Tor. AL the evidence, com-
Wen to allow that the urea. I spnaen of won the Osprey, awl
the ship o etc •ilied by the defendent. Having called your at-
tention to the evideuce cffered for the deremlaut as to the
Osprey and the gold fever In Mel earns, I will next oal
U to the est ,ence that hat been giv--n on the per: of the
proseew ion upoo Oh solject of the Osprey and l a,k you
to coutrast one with the o her, and tile,' I deceive u pelf,
the for the prosecution has we, k ash p ian
be as re. the noh-pr aemen of the Osprey he Melbourne Bey.
The defendant on ha voyage in me with Ile Ito sin, men•
timed to hien the Osprey ; and although, af or the de.
fen,.ant's *revel la this c untry, he made search for the ,
Themis at the ship oho retched hue, he bad been ,
ly end union' y mohigned, because it is quite
that n loth long before ne coull hav-- had an opportunity
of comomidosting with anyone In E gland, he eistinct,y
named the o,prey s the ship which saved him. I: Is at
fair to the d• f trlsti• bscoom he Inquired for the , hernia
that he sh, old be put down as a false ant w.cked man In
suppottog that the 'I hernia two -Li him. ant not the Osprey.
There in a real evicts, co on the part of the defendant, tor, o
the part of the prosecution there has been nothing brit purely
speculative eel tenets, and that the weigh: at the evi-
deuce kr the Oeferdant as to the Osprey Is absolutely ever-
ahelming. It Is unresisting, and it movies Its onward like •
mountain torrent, and we are swept away with it. It I. im-
possible to come to any other conclusion than that the evi-
dence for the prosecution is absolutely worthless, whereas the
evidence for the defendant is as drool; as any that has ever
bggg Immo,' into e cf lows.. oaen ai,at aa et
Slelbohrne In the middle of Ref %nue wi 11,, doubt
he made to the telt its; none of the crew of the Bella have
mods appllc ..c., a. h. me, hut if they wont to the diggings
tome pertala perished there, and others made m ,ner
and formed new essehlations. Thud sec nuts for Maar
conduct, and the objections, the learned connsel eel 1,
crum de away like riots More the suid,gh:.” Tots
delusion about the Osprey, as presented by the ptorecue
Mon, is at great as a, y other. Thts leads me to Lute,
snd I will refer to him tow once ano for all; and
as the man will have to be tried I do not wish toasty any-
thing that may pi ejud,ce him. If there is anything clear
abet the matter iii. that up to the very last monh n the
adders of the death ant had mbp seen their faith In him.
It may ref t on their judgment that the course of conduct
pursued tit me and those more immediately cinnected with
the Able.' SUL did not give blot up lentil the lest moment. I
challer sp. d the production of the evidence that was subse-
t/atilt y given We had that faith in him that we challenged M-
ohr, Into his tile by my motion for cputempt of court against
Mr. Pollard. I should not have does It it Iliad had aoy sus-
picion that the man had deceit.. us. We never suspected
Mutt there was anything in that man's former career to lead
to such a 0013Cillaton SI that which occurred the other
day. It appears that the prons,utlon have found all
that het been said of Lie to be true and is It not en
astounding thing that a man of that class—who must
have known that the eyes of the country were upon him
—should have allowed himself to be photographed arid
exhibited in shop windows? Such conduct oisarmed sus-
, picion. He remained to the oouutry and came daily to the

Mr JuAlce Lush: He showed an amount of audacity
almost unparalleled.
A Jurymen : He never heard cf rebutting evidence.
' "

J.toe

„
Mr Kenealy the modeastoundlng thing Is that he should
have remained In this country for it. He was on hie parole
lot three weeks, and Mr Whalley had such confidence In
him that be became his ball fr ,E 260 and when released he
made no attempt t escapees one would have thought • self-
C. 1.10411 guilty men would have done.
Ike Lord Chid Judi,: Mr. Whalley was ball for one
night. Mr. Whalley afterwards declined to become bail
without a second, and he was told he need be tinder to ap.
prehension, for unless two were forthcoming Lute would not
be let out of custody.
Mr. Kansaly We thought Lida was reliable, and not a man
who had led • life of de,nitfulnese for years.
A Jur,ncan Mr `-”'
mown

A Jur, man Mr. Whalley went to Ainerlea. Lute waa not
-wn ;mere.

Mr Kenealy complained that Mr. Whalley was not crow
examine. hy Mr. ha e kout and It was ander the Impression
that he would be ores-examined so few questions were
asked of him in examination-in.ohlef.

The Lord Chief Justice : I suppose he was not crosa•z-
arnit.ed becalm you did not examine him on the point.
Mr. Justice Lush : If he had discovered anything In
America to verify or confirm the statements of Luie 101 l
c ul.t hove eliciteu such cvi ence, but you asked no such
question, to toy great surprise.
rho Lord Chic Justioe: I never was more surprised in my
life when Mr. Whalley got lit the w tneswbot sod was
.dlosed to go out again without bdng *eked anything upon
he .urdect. lb. I,erence I drew wat that ha hal found
nothiug in AMOriC3 to coptirm Lutes evidence.
Mr Kenealy said he Ind Alcited the fit that Mr. Wl:silty
had ma •e a report upon his return. and he thought the other
side could ha, asked Wm scout it.

A Jar I': Vu oaght to have awe.' him. It Woo for yea to
sh,..v by whem Lute bsel been ...ached." It le clear he
mast there been coachel "by tome one.
. .

or.Yinanslv : I wish I could discover by whom.
The Foreman: Wes no suspicion ridsed In your mind whin
Lon- sad itoa the defendent tecogolsed Mtn
. . . .

Mr. li,nealy It we. not in anna rto uny questku of mine.
I dt Ake to mer any more swat it

A.J.r7r;:nTa.;-: about 16 41-1 P better,

Mr. K enealy You cannot suppose that Mr. Whalley was
• party to any conspiracy to produce false evidence. He
went on to say that he bad to the last cherished the belief
that the evnlence against Lode was owing to a mista.k•
in identity, as he wore inch a long beard, though the
evidence wan that Ile yr* only out of gaol at the end of
March Hie eel lahce, ho eald, had done vital ',Jury to the
uelendant's caus.. Ile had doubtless produc d an Im-
pression that he was brtbe I and drilled by some parsons In
the intereat of the defence: Mit, being Ifi a dein flute and
abandoned condition, he miar have thought that If he
°mud ;Tame a pronable and plausible story, he would be and
come to the defence : and he could easily by the reports
or the trite* h.ve acquired enou..h in'ormation to•dec IV,
them. Chilli It Was, he sug-eved that he tupt brought
Into the presence of the defendant such an amount of
Information as to deftly° any one. He was armed at
all points and had en answer to every Inunlry. Ouch
ounce might well have deccived and haled an, one. The
persons who then took Ida evid.uce were not well acquainted
with the ewe, the defendant having changed his attorney
so often. Thereiore, Math., attorney was very 111-acquainted
with the Metals of the cue and very Hahn, tube deceived.
It had been succeeded, Indeed, by the Judges that his client
most have known who picked him up. But then If he was
delllous dnrlng the whole of the passage
The Lord Cold Just.ce : That Is not what he said. That
was Lute's account, Indeed : and there was m, part of It in
which I was rove struck with Ms hopeless dlocrepancy with
the account of the defou 'ant Nor the deftudant dld n
say that to vial not in his perfect senses when he reached
Mel boo en e. .

Mr lienesly : The evidence does not convey the impres-
sion to my mind that he recovered his senses whilst he was
on bo,rd the Oxprey.

- -
The Lord Cale! Justice: Thst is my Impression. I shall
submit It to we Jury, soul read the evidence fully upon the
point.
Mr Justice Lush: Lute says that the defendant recognised
him as soon as he saw him.
Mr. Kenesly : Toot Is what Lute swears.
Toe Lord Chief Justice : And allowed to swear IS without
oontradiction .

Mr. genealy: Is the defendant to be always starting con.
-- or corroborating everything that le said
_ord
received w