The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1873-08-02 00:00:00

I throne* .1
alvurd thing

—„— be hood to every
he has sold or writtten. Be mon be tried ou
owe sod broad principles.
Mr. Hawkins : Ind horn the correspoodeneethet between
the bib and 14th of November Roger went t Paris lle the
sth he writer, "I am going to Paris to-night," and le wits
whether he can execute say commiadons
Mr. Kenealy : I should like to he shown that he was in
rvris.

- --
Mr. Justice Mellor When I heard the statement about
thealates the letter alluded to emcurred to me, b t I thought
it was better to let Mr. Keneaty go on, as continual inter-
muttons Sr. very Inconvenient.
Mr. Eenealy mid he would be better please:l his lord-
ship Interrupted him when he was wrong, aod referring to
the difficulty he tape/lot:0e I in preparing the Oct.:hoe,
observed that as long.. he lived be should always protest
sgsinst the unfairness of the prosecution.
The Lord Chi. f Jostice : In a letter Oa'ed Lipton House.
November 14, 1802, Roger writes, " My dear sent,—! arrived
h-r.y steritoy : f • tine j lintel fro n Iris." Then in •
prior latter, datad the 6th of N•fverober, he s, "1 ant going
to anutharuptho to ,-,,hark t,-Ifigt,t, at eksht tislocs for
ay.'. T shall go to Paris M.-morrow, where I shall remain
.wok. If you have say aomudooks• I oou do, pray lot nut
know."

_ .
Mr. Reriesiy : I 111111 much obliged to your lordsbin I
thought there wax an entire chasm in tna movemeLta
linger between the 6th and 14th of I.loV,Mlnr. . .

The lord Chief Justice: The toll A b. te ern the 14th bud
the 221 d of November rtmaln. undout•ledly to.covel• d.
Mr Kama IT, rpeeklite of the Mt mlty It, row rbroced In
sreistectosily cram-en mining the dlff«reot wed
the word "eherrieful" In connection wttlf the firtweentioe.

Mr. Ju.lice Moller said It was a difficulty Incident t 3 all
case., sold nape lally long ones.
The L ael Chief Justice Yqt seem to 'moven rhansafol
conduct to Ce me one. It may be • inidornme that You bud
not an oppor unity f preparing yourself; but I don't know
whose fault it was.

Mr. Jostler. Mellor: We are not to Marne coy the proae-
oution. In a vast case it la pound° only qUelltfOns which
should be put are not put, but that oc.urs 111101 e nr less in
every eau, I have h. ard your remarks with regret, secahse
It appear, to me that the prosecution have done all that
could be reasonably expected.
Mr. Justice Lush : I am also merry to hear these repeated
attacks on the prosecution, for I have seen nothing unfair
on their part.
Mc Meheale said the prosecution had withheld int arena-
Mon which they ought to have supplied the defendant with,
and referred to some of the printed °whim:eat the lad trial,
acid the names of Dew witueners He added that he said this
at' visedly, and should always feel ita truth.
Mr. Justine Lush I have watched the enneinct of the
prosecution up to the peg..., moment, and have not traced
a innate act of notaries... A great deal et what ph com-
plain of arises from your not having time to read all the
decussate.
Mr. Honesty then pawed on to Roger's final departure
from Eogland and the shipwreck of the Bella, and animad-
verted oo the Crown not produellne Jades Pennant, the man
employed for several months In tenth America,
toter
could have glean relatable Information as to his
habits and mode of Ills, and pr iced whether he was the
model of perfection he was represented to be. If It were
tree that Boger went down in the It seemed almost
miraculous that in Australia and on hes voyage to Panama
In 1806 the defendant should have been aisle to
nice details of adventure in Routh America such as
Roger experienced. He should show by the evidence
that the Roger Tlchborne who shipped on board the
Bella had a brown mark on his side exactly like the de-
fendant. Then the statement of the defendant that the
Bella had twelve feet of water in her when her dangerous
condition was first noticed—which the nauticel wltuesses
said wan incredible—wu a mervellotui proof that he was not
Arthur Orton, a sailor, who knew all about the sea, and was
the last man in the world to have Invented such a Wry.
If. could understand • landsmen making such a blunder,
but Arthur Oeton never The more complete donkey the
Attendant made himself In matters of this kind, the stronger
was the conviction In his mind that how.. Roger Tichborne.
It the defendant was an artful knave and cunning impostor
as the Crown satd, he would never have been nullity of such
an absurdity. The fact was his mind being sapped and his
memory gone, he was not responslnle for much that he said.
The Lord Chief Justice Are we, then, to take Ids account
of the shipwreck as true or sot!
• • • • - • -

v -
Mr. Renee, said that he account which the defendant
gave of the shipwreck In the bill In Chancery and In hia
examination ln Chancery was consistent with the truth but
the account he gave of It Ins cross-examination at the last
trial was perfectly absurd.
• - -

Mr. Jai-tire Lus:11: Is It untrue?

Mr. Kenos)), I would rather call It absurd._ (Laughter.)

The Lord Chief Jodi.: Then you do not lay It to nor
true?

M. Kansaly One or other of the Mortar mutt be true
(Liugbter ) The learned counsel then explained that what
he meant eras that the I.at story WAS untrue In tact, Lot n .t
Intentionally.

The Lord Chief Justice sold that the rerendfipt sot only
five the account In his croaseramination, but In his exami-
nation In chief, when be must have been examined on hii
own instructions to counsel.

Me. Kensaly : But such a man in civitut itirructilos to his
(mussel, I coutene, dot not kuow what he was shying,

The Lord Chief Justice 'then on what iver we to r;ly
Mr. Kenealy : The tally way f accounting for many of the
absurdities of this mall Is that there Is someihing wrong
about him—his neind—f•om the dissipated life be hailed. I
whi not go the lensth of describing them as deldsi.ms, hut
ridiculous absurdities The learned c Arran', in continuing
his whiress, asked the j nry to runtime Roger to have reached
Australia unknown to his hind y, and that hie father
b-lieved him to be dead. if. (In. learned corms, I) placed
grist bend ins m.ther's instinct lie then proceed- cl to
ocurntnt online correspondence in which Lady Tlabor e
express-d her belief of her sou being attire, and afterward,
herb rid that the deiendent was th, same.

The Foreman of the Jury sail that one of the number was
under medical treatment wed t w.m desirable that he shr uld
hays rest. As Monday mat was a bank bond , he asked
tee ir lordkhio to adjourn from Friday unta Tuesday
morning.

31r lionealy : I should be the last man in the world to
dol.!. the pentleman of tel rest which he regains. A
day or two will not inatttr In this case.

The Lord Chief Janice : Oh, yes, It will We shall get the
cue finished, I hope, before next term.

The Yareman : When It that?
Mr. Justice Lush The 2nd of Novemb r nett. (Lveighter).
I have been anticipating a week or tiro's holiday before that
time.

The Lord Chief Jostle : Anything asked for In coheir], ra-
tion of the health of au metals' part of the curt—tLe j.ary
be attend. d to. We hp..l rath r a.) th,tt Ire ,11,
j od-
tm to Morrow afternoon twit ritven et on Tociday
L. 'mile. We must mate It up by Ink ug it out of Mr.
!Loraine r. ply.

`h. Hawking . I Dope my hea,th will not suffer. Mr Ser.
leant Party told me this morning that if anytrins happeued
hi me he wculd not 'proceed until akr the 'uncial. (L I U
laughter).

Mr. Remedy then proceeded to comment on Burit's evi-
dence an the sacrifice he had mare by acknowledging the
def-.lant to be it Iter 'Clobber.% s.ral to wenn., to the
Brighton card cue be said he cored nothing ahout date,
lime, or place, and tr.ted (too coutemptib 01101)1.h, It he
in should do, proved utdmistakably that the dtftudant
was Roger Tichborne.
-

Me Lord Chief Juetice Are we to place no reliance on iii
at ttements

Mr. K enedy Solon even blunders or nonsensical mistakes
made by him about dates and localities, but to dismiss it
from their Brit ds. It woe imposelnle t account IT notch that
this AIM had said and don.; awl as 'chi, going to Wapping,
it was nonsense to suppose that if ne was Arthur Orton, he
won'd have gone there on the Christmas n'ght. The maternal
instinct pervaded the whole tV she mother's letter.: end Bo
far from her befog the poor helpless creature she had been
described, with a Me ”sestade, she was a very shrewd,
clever woman, and she declined to recognise the defendant
mad Blushed information that carried conviction toiler mind.
it wan not until els months after her death that the Litton
theory was first started, and during her lifetime she had
foreboding that unless she could see him put in posses. ion
of tale property every effort would ba used by tip family
to prevent it. Her words were In any case prophetic of what
hart since happened. A careful samluation of the Dowager
Lady Tichborue's letters displayed c-rtain I..atcmactes
fact, and contrasting them wl,ll the defendant's showed it
was an hereditary failing on the part of the latkr The le-
Iwillour, obstinate, and sulky spirit which she prophesied to
Mr Denies Honker would break out If he questioned Roger,
did break out when the defendant was interrogated In
Chancery and in the Court of Common Pleas.
The Court adjourned.