The Stourbridge Observer, Cradley Heath, Halesowen & District Chronicle.
Stourbridge, West Midlands, England, 1874-01-17 00:00:00

4
W

THE STO

of As
twl4lre
t1,11:11,

• -
I was on albs Tlchborn4 pert of ease, _
..ylt I was upon a rock, end 1' that the
dance Tbave produced in reply bee ay OW-
Ann A: hut up ase t' re re let of the re
doubt sidled a treat dr..l tf Ci•feeling amongst a Vet'
portion or the pahlto eg.i .st the defendant, if-1 roe h-sc
to be extremely dlMcolt. There are ooly two persons In the
w•rid who can ansolutely know ph' they tiers wag say
con ectl in Ir,tirmen Miss Doughty at d the defeedatra Toe
defenla.l la a man who way deeerve some spasm, by
strierfolitee—apelte •henedittes, bolt POO has Plated'
Atwell, or has been fereed to do so, In the most levidioul
position by haseng revealed that matter. The hely, on
rhe nil er hand, eeeerves lona athy, gni cent dely mey
rereive it Irons all well-minderi people—even from mytelf
also ; brit any that I may fearer her cannot, end ought not
r Interfere a ith the due discharge of my most unpleasant
Wk. In examining a matter of tots kind our pref.:lees are
apt to be excited, and our reason pervert. d. As a rule ill
nearer' of this description all the feeling is on the slie of the
wornua and againsi thorn in. and therelore I feel that I have
the m at astounding drill:turtles to contend with in this part
of the cute, and that I can only rely eyes your common sense,
and that strong feeling of justice which I believe °hare.
teases every E .gllth juryman. I cap only rely upon these
two pnwerful circuotstanm a for the purple ot carrying me
Ii r Argil this final part of my case. Tee feelings excited by
a matter of this bind are calculated to be meet tutlaveurable
to the iron vtial consideration of this part of the CeFte
hut nev,rthelese there are two sties to tr. I repeat that
Dile third eptecce, because I cart hardly c .11 it by any
other name. Is irrelevoit to the real and true issue—is be
Arthur Orion or Is he Roger Tlchborne. I complain of
iss letroducti. n upon this broad mid intelligible
ground—that it the defendaut is Arthur Orton It is
importable it iruld have happened, evil it ham hinnti
seemed to me that the Introduction of • charge of this hint
was r,ther a ft:nutria:et cant weekuese on the part of toe
prosecution than, anything else. Those who instituted these
truceedloge must have had most milieus and grave doubts
that they could ever eslahlbh the Orton theory, or they
wi uhf not have retorted to it. It ought I ever to have beau
Introduced,
The Lord Chief Justice : It coal not be omitted. It Is a
crucial test Int the case. lie as envie so la the former case,
and las been made so throughout in this Tie prosecution
would have beers wholly granting is their duty to have
omitted it, and, above all, they were bit, d t t do so in c.na-
mon Justine arter *hat hes transpired.
Mr. Kine-ly: If the detendaut Is Arthlar Orion, Lady
Racial ifs requ res no teller Juellfteatton.
Ihe Lord Chief Jo bloc 1. 5. If Le is Arthur Orton Is one
question, if he I. IL ger 'Ciente roe Is sterner. The fur more
Imp irtant one is whether he is Roger 1 Thborue. It is a
crucial point, because If it is untrue he Ii not Roger
licanorne.
Mr. Kent aly t It may be Important with reference to his
being 11cl:throne butts is unimportant It tie in Miter
The Lord Chat Justice : I quite c• ocur.
Mr. Kenealy : I here always thought it would have been
infinitety better to have confined our inquiry to the greed
I nlet, la the d• tendent Roger Ticheonie or Arthur Orton,
because Lady Radclrffe's character was thoroughly vindicated
as tar soil could be by tie assertion of the lesrued I tdge e h
presided on the last trial. I hope I have your senstion for
saying that it Is as Indication of weakness lu the Orton them y.
These two or dis lore here fighting for everyttbing dear to
them. Lady Ralchfle ill fighting not only for fame, but
for £26,000 a year, hecause If she oan only est,
hlish, or help to establieb, that the defendant is not
E:r Roger Tichborne, there lily one young lire between
her and the le Irrn of an lir manse lucerne. Is ane, thee
fore, a voluutary witness, or does she come forward under
foaling. of roatrei .t. Of course she Wilt b• mato as to set her-
self right bet ore her husbane arid the world, and many paling
of far nigher position than Lady Redefine have noted ou the
Jesuitical omeleto that the end justifies rho meare. the
wound not be A .o.e. It she had trot the greatamt hatred
towerds this man it he to Ode, and to loatne and sleepless
lion if he Is i chborne, aid uocer all the circumstances
I again repeat is would ban been ii finitely wiser aud better
for the rude of jestiee it Lady Radcliffe had been exempted
by the prosecutbrn teem the n,cemeni,y of going Into the b. X.
If she swears that shots a chaste w, man, and asli s you to re-
test 'WI h her el erecter, silo dotes eQ ander ihe u,„tivv ant
feeling of tuning a damaged reputation ; of gtatlfaint,
effended vanity, and possibly of Indulging a spirit et"
w, at she may call the punishment of this man con-
cliating a great frothy alliance, mud of putting herself
also right in her husband'a eyes. Every thitur, therefore,
that can animate the teeitugs of the human breast combines
to Itrce Lady Ida fie to the front, mid heavier come there
to tight her battle to she last. Whatever may be my opinion
ef this evi,ence I have Do wish for you to-couvict Lady Rad-
cliffe of falsehood. I deslre to win no triumph over that
lady, mi I ask you now. as tasked you before, to come to
Ito conclusion on this part of the case. I ask yen not to
deed., e from the course of justice and honesty. I call !our
attentron to the astounding personal resemblance Lady Rad-
cliffe bears to the defendant, In the colour of the hair, the
&wire nit look, the roll of the eyes, the same pensive et-
premien at those, the penenlown ears, as if one had been
moulded from the other ; occasionally, the same hoarse,
nem of voice, ar.it the great resemblance la the nose and
chin. At times Lady Rader lie assumed in the wionees-box a
time of levity, and pint on an affected laugh which la ioften
resorted to try orisons when they know that they are fightle g a
had care—a device often mewled to 17 diplomatist., and
women when they have anything they wish to conceal. Toe
union of Roger and Mies Doughty would have tmeu • moat
destrablo thrng ion peeunlers point et view. When, these-
fore, he wee dismissed from Upton on Om end of
Julie, 1852, eciro,•thing, to doubt, hal happeale
else, lied all their e reruns and destroyed all their
It pet, at d it my be tali, n as conceded theft when thal
everlasting her was placed between tie two eortsh.s.--souse
unparalleled intuit vo one eared to coo,mit o writlns
thihg lad heppened that gave rise to that sooner fat altera-
tion of fueling of Lady Doughty to Roger Tiohnoree that
then tool piece U if-rd Is the only p. Coon besides the de.
femiant who could, it he bad thonght tit, have enlfghteerti
Cs Ort the matter. It in wholly Incredible tiat the corrtente
of the Pealed packet related to what Goeford had slated. lire
whole el Roger lithhorroir life Is a specious recrecv, says.
tray, Red mystification. Ills impossible for tiny one to read
the coleuchort's 1001 crose-examleation in the former awe
without ecciog th4t it shows lie (it-ger Tichbornt) was
brought uple a J snit school, allot that lie hait immured the
cuuntr•g ot the Jeauits.

' The ad (hid Juttlce: Are they the on'y caul 1 g pr:ople
In the iv,rlti?

ea
Mr. Est ea'y They are 'ha in sit cuunlnc. Every page
of ht. vats— ramtuatton swells of Stot Omit. It is per.
tectly : h aid and 0 c eel' If LO believe that t. e sealed
packet WM by Uoger had reference to the buidtrg of a
church or chapel.
The f, 'rel Chief Justice Your thee yla that the packet
was given to proiect alias I) tughty against en apprehended
circumstance, if II happened? g
Mr Kem-a y : flatter Tune
The Lord oblet Justice : Thu it could not be given In
Jet, nary
Mr. Kenealy : II 's not the Fame document. The de.
fen a It files it late In the year when he save GoaLrd the
packer.
ins Lou Chief Juatine : And he tn; ahe !men had but

Mr ICenrily : The one given In Janutry .1411 enti sly
dtflatnt to the one given lafe in the )tar, o.lh deten,:ant
:Litton he gave to tint. Thus man was always .• cants la
se,recy sort in a inystogleue In.dintr, and we ought not to be
eurprteed at 11. having tem,. s and ml stet+ us intendant
about unimportant and telling mat'ere. My ruggettlon is
that he gave o,sford a d ICULOOLt In J‘nnary referrng to
Rouse other- matter, of able, we c•tinnt now get the real
history, at.d that he did not give the real sealed peseta until
June.

•
The Lord Chief Joule,: The defendant swest• that he
coy gave 0.,.f0rd one seand ',sate% and that it had no
reference to a church. I here was no question raised
n the first trial of a w cool documeat, and when the
qinstion of th« church nee pot to Lio he odd there wise
to other staled packet teen the one he left with Mr.
Onsford. .

Ile. K,ntaly : There te reference t snr. Vier.
The Lord CL Id Justice: That alined in on re-erami-
nation.

Mr. Keno Tat relight be so, and it show. that It Is
not ne,. ID the trial,

The L rt Chief Justice : When the whole of the cross-
• xaminstron pr, needed oo the h p tb sle that there ea, but
one sealed packes. It ought not to have ben 1. ft in doubt
It the defendant's counsel knew there was a second.

Mr. }Cereal). : M.% Goatord says that ha:la?troyed the!ea!ad

packet teen to him in January, 187. If It contained what
the detendeut has stateo, I can Imagine that after it was sup-
posed that Roger was drowned and Late Radcliffe married
aid settled 1.. life there was a very good reason tar destroy-
ing it, but I cannot if it only contained • promise to build
a churn If he did not marry hi. claim el hiri • given time.
No honourable man woold have done to, tint rather he would
have sent It to Lady Doughty. The promise to build a
church cannot by pO-all Pity come under the designation if
a min's private wHheis and intentions, and I ask you to
believe thattGedi rd had the sealed packet when he met the
di fondant at the Grosvenor Hotel, and that It is now in
existence, althongh not in his custody. I no ame to
what may have taken place In June. Roger Come to
L00.,11 and at-ended the Caledonian ball, where he saw
his aunt snel con to. Ile went wi,ll rhim to Tienew,,e,
ard on the Hod he signed the document and let the
came c ay, never to return As a await there. After he left
end went to Can't/411.y a correop ndence took phce
between Roger and LMy Doughty, to nit ch be spoke or her
ladyship's diplomacy, and hash the jury to consider what
could have happened In Roger's sheet visit at Hohbornis
to induce ber loon, of her letters to film to say that his
hab te were Haul Pnahle. lb is is the excuse that Is to he
patent to the world tilt will enter into • consideration of
the matter, hut there was something the bet led a hien lay
much deeper.
The Load Chief Justice What a despicable hfliwerlte she
must have a oil, writina to a OHIO who had attempted, If he
bad not er.compaased, the ride of her daugh:er, and making
such t zoom for her putting au end teeny further 00111,111111 t.
cottons batman them. It could have been nothing more than
pure deceit anti hi po2rtsy,

Mr Kens.ly Could Pho have Men safe in Cr ttne, la
consents. nee of your coded owardo fly daughta, lexoiude
you from ever ro mitering my horPe ?"
The L. rot Chl. f Justine :If she had been aware nf what you
amert she would late sail,'• Let me nom hear of you or see
you again." No mother would have written such • letter a,
yo• have josh tot toil under such clicnmst a.ces. it' bk thit
she was niploonat sing—t,,at she one alibied to fix it cry
at alt deafen, to. n to tlx her naught. r. That is
the yew itch., of ;bu to suppose that else WAS aware that
ho hot atts !noted the honour of her child, and thee pot
Lieu oil by this hypocritical felt -r, arotiblou the (miaow an
end to their Tail, tuue by ream n of his ha.: 1: KORN i‘ to sup.
pose what, judgiug by her corretimhsteLa,, re that of •
v:rhuous and prey. rly -conducted English mother and wife,
I canto% that she wont., have written to • man under such
oirct mitances as she tart te to him.

Mr, Justice Lush: I cannot collates any mother doing It
Mr. Kemal): I can concelea a mother wishing to bind
ICau, and not hee daughter, pose...log a dipl,matie mind
shot would produce coin,a lett r as ti. Lady Doughty's
expression in her latter unit's after the patios, and when
Riser wished t, • rent • hanging-box in ilampatire taw, or
tittive niths Scorn Tiehherni—thst 'she was enrsteed at hie
Li reside a ithia twelve miles of
showed that the as, afraid of Lk neseating or attenpt.
mg what Mel oc.ntrei'. Analn, " it Is tinpusatele to
n /site Vie reason known," shows something must have
ouourred. Us • Ist to en at Uton, et ma 60 milts distant.
Ohs anytime him " to make known to lila le, tit r the einem-
stauces that have occurs.. d, as it must recestartly Involve an
exptanati m tot to if you we near Us and are not et liberty
to cone here as before' stmily going there sat coast •
did not require the threat of making a cummunicatien t • his
falser, nor would It Interfere or inflect file cousin's [reekm
of chid, tin hothead. If wane wicked pans in. tail spread
lean lain itmot the country of it. ger and Kate thug ity, I
Con 1111..erct,rd Lip D nigotynit vi Ishlr g ti expose nee !f,
as the wrote "to et rimer,. by hyving her nephew a either ist I
her Image. Ih, leereed contact colt crud he ran:arra !
St ci mil treble length on what he calicd the "Maki) Mph:
matte correspondf nee" that pmst d in Janitory, 1352, is•
tweet, Lady Dania], and Ruter, 'Gash he said he old Snit
c .mprn bend, but he I nk,,i onoo it exanipla af dlarrOnd
cut diamond. The ccereap mance on 10th titles I tikatee
deceit. Gestord cuts en immitatien in Rol pltt s reveal.
leg to the defendant what Gutfori said to the latter. &DOM,
however, denies it. °Mold said the waled pte bet wee
left with him whrn Reser went abroad, not in
January, i. 552. The defendant said he wrote tha docu-
ment I de in the autumn of 1802, end et the inter.
snew at the 'Grosvenor" he said, "I hove got it—no matter
where it is" Iscger'sblief that Upt in would belong to him,
MIA that he could deal with It, accounted for his pit, thig ii
Into the document. When Ills comfit end communicated to
Roger her sompiciane. I con readi'y believe his teing cut if
his sensee, and thew fore we are not to c Insider • document
worded under that condition of mind as we would do it it
had been written under the direction of an adviser. That
meets the wonderful argument on Me point.
The Lori Chief JUJU° : No, indeed it does not. I follow
you entirely in your view, but Roger real the contents over
to Gosford after he had written it. Gosford knew that
Roger hwi no power to dispose of Upton, or to direct any-
thing to he done with it. The difficulty is not that Roger
shoat have drawn up such a document, but that Gosford
could n, inane:Alla cary it out,
bin. lit. nealy : That it a chtliculty. The same confreli•n of
mind th t oneratea op .n Ra4re, annalina 611 to be true,
might have equally operated on Gosterd's mind ; and at.
though it might nos at the moment have occurred to thoe.
lord's mind, his having to carry out the inatructi.us, it may
have happened. I ch nit like Goaford's destroying at the
envelopes of it, letters, and his statement that lady
D mighty kept Roger in a thw.kne. The learned counsel next
contrasted the discrepant:lea that exitt in Cl ,eford
and La.') Reda@ e's statement of what °centred at
the meeting at Creytion. It Is most important to re-
member that on the 6t.6 of Jane Mr istdpite wea of opinion
tdSi GOMord's Mind waa unsettled erbYthee the defendant

URE
°.........•••• sk
r ..._ ...).bone or is- 1- I h /you to contrast the se.
denc 11-shed and Bulpitt bbont pealed packet trough
the i r save et first a rather con ac :01108 of whet oe
Con W!tli r.-f et dIICO, tt/tfla ebfkl“ , chef at the m.einfog at
the •' Grosve or ' II 0.1 G ,ford ..ore tat Ira 11,4
mentioned the libeled packet, one Mr. Bulpitt say s It was the
defendant.
'the Lad Chief Justice : He first mai It was Gdarord, than
that it was the defendant, Out [Lally hetore leaving the boi,
be said it wirst 94.PIPrd Who gra' raghtloned IL
- - -,,_•
Mr. Kemal : Everything depends upon -Ihl cm..."
which you wil give to the eeloence of these two men. I,
you believe Goaford It is omtalulY MOM ibidr" 'n
the defendant, but If yon Wien Buipltt It will be
tqually favomable to the defendant ; but from the cad-
a em_e th , Choir thing reendt to be a tu.srery wino drat
mentioned IL There was more COllf.loll about t. e packet,
hecatue Mr. Bulpltt sat s that G 'Cord stated that he trail
it in Loudon with his other let t•ers. At first, however,
be answered evaalvoly, ...No matter weitit a.'i That
e:mtradlota his statemeot that he destroyed It long
balms, when he want nota-Weles. In Went gte the threat
to abin ion the et f emitters Colas In the 401 trial noletim he
wrote the contents of the sealed packet, the learned counsel
st.id he hoped they wi lad look upon his conduct with
leniency. Peri:ape hisi wiser course would have Items not
to have written ahytitirg—never to have divulged it—hit
he had at the moral courage to do so, and the unfortunate
man has bad tom :he penalty for revealing is. Gosiord sw I
the packet was wrl ten In January, 1852. Tien metre left
early In 18.53, and Mrs. Goaterd says it was deposited with
bar husband two ywe at least :Afore Roger leftSugland,
but afterwards she put it at • later date. Mrs. Gott ord,
tuber letter to Mr Inabaue, wrote in reference to the dean-
dant's note seat to her husiiand t—ii the writing is like his—
the sign sture Is perfect. Do have a private interview with
him. Go to Lim you cal easily manage it quiet y, through
old Bogle." At that time, I say, Gusford Slid bia wife
were certain that the defendant Is Roger Tichborne. Referring
to Lett Et seiel•ifs, the learned c num laind : Da you beliore
her when she says that also and Roger ward never alone?
Is It not milder you to ablicate your common IicIUDY to
INIIIBVO that two persons In affectionate Wier:ours°, and
lot•ciicat 3, engaged to marry, were I,oVbr alone ti gather I
Carry y-our niii.d back to your early days, and say it any aunt
or any hoe y also c old have prevented your haring ere
minutes together alone with the oLleot of Tour eff actions.
(laughter) fame it !La el 4S ya appeared suspicion. that Lady
Ratcliffe should have t entrained outside lu the c ab a t'Croyclou,
and h.ve sent her sister in as her rerresen,stive. The first
question pua to defend at by Lady Radcliffe when she saw
him hear, a ape•ti-• of ominous siguificatlim, v.z., '' Where
did we last mast?" That one scatter e cousins a volume of
ideas. It is very significant it, as the defendant asserts it
was In Tichiunne that they last met, and when she coma u•
ideated to Min what he did not believe to be true, but which
he swears she told him. The question was to touch his
heart, aid to secure him egainst making an answer me-
judicial to her. 1 tee a great deal In this lunation, sun I
ask you to-do the same.
Mr. Justice Lush : I ehoull have thought it the last a
gultty hey would hays put in the presence of her husband.
Mr. generale t I should have GI merit it war put for the pur-
pose of charming him. (donut bay any attention to Lady
Itadattie denial of having been seen in certain places by
the different witnesses who have bsen called for the dui.. Dee.
The Lord CIAO Jus:ice : But It must rebel to tile Jane
visit of 1852. lie weevily there three days. lie arrived late
on the 19. h and lef lln the afternoon ut the 22nd. It might
be perfectly true that they were seen ti tether alone on pre.
vious visits. . .. -

i sy-1--- ,--

Mr. Kammly : I confine myself to the June Malt. I prc-
pose to-morrow to coil nttratiou to the defend nt's Cronexamination with inform or to this matter, and show several
things In it tlpit will expiain a great deol not apparent to
your mind. nut I shod follow up by ending attention 11l
the Intelsat possible manner to sight, nine, or ten other
whim es.

The Lord Odd Justice: When do you propose to flash
Mr. kenenly : rii,morrow, certainly.
t The Lord Chief Justice Very well. Then Mr. 'Hawkins,
Will commence hie genen.l reply on ihnzaday morning.

The court again adjourned.

Mr Kaunas resumed On Wednesday morning by remind
g the Fury if the exact circurust wens by w bleb the
defendant came under the severe cc...examination relative
to Miss Doughty, aim he aske I them to cot trast the know-
ledge which be undoubtedly must have possessed at the Com
with the ignerenen—apparently designed an intaha net—
tle exhibbed on the relations between himself and Miss
D,ughey lie appeared then to be unab e to give anytniug like
sattsfactory ens v err, bet! Ovule I have auliolt 1 )ou that he
knew then as much abut it as we know Low. Mid answers
were Intentionally evasive, Jesuitical, sad eyolvn cal, fur the
sole and entire porpoise cd shielding the character nf Lady
Esdeliffe, lie must have kuowu that he would be asked to
exp'alo the confession he made to Rs dear friend Bohner.
The relations between Wm anti Lady Ticheortie, Ina C. glatit.
since with Mies Brain who resided in his house tor a consider.
Able time; nub Mr. Biddulph, and wilts F.thers Gay and
Merrick ; his relations with Bogle, and his residing at Aires-
ford, showed Phat be must have had a full km, ledge of
things that he canted he rhi know, lilt calling July the
latter en I of the year showed that he did not know or care
what he said, and the of mind nf which he cum.
plalued, caused by the es...examination, showed that he
was ready to place himself in any amount of (Helm ty rather
than entangle Lpy Rwiclide its *fiat he heesaw was cum-
that it was the result of a disessld intellect an actual
forselfuibers his Wog unable to revolt. ct what ha was
asked. Me lamed C3nneal read COpi us extracts from
'emulation le aupp 'ft of its Views.) Tie
dEfendalsP any. he seduced Ins cousin in July or angest at
the la.), not long after he came over from ire faint, and
tee breaking if of the engagement by Sir Idriwa,d
Doughty. That, the Jury will recollect, took place on the
let of July, c ,usequeutly whatever took pLce between them
—l4 is tint ntciasary hlr me to say whether It ea, a seduction
ore. attempted seduct'on—occerred before the swamp luau&
was broke.. if by Sir E ward Doughty.
Tue herd Chief Justice: The defendant acid flees a eedue-

Afr. Kunes'y : my have th ugh: to.
The Lord Cbkf Justice: Hum Is that bile too? It Ii not
ma ter 0.1 wh emu call be toietalicb..

Ktnealy mid the defendant MM d in his erotic-mind-
nat'on mat he di I not nelleve lee Ida .s bee idepur, I oil -
defiling his cumin eeis he hit England. For let us MI Me
is Was noted entirily se-famous as il) have tee d.ulitry
silL-
cut oinking some I. qulrlef.
The WWI Chief Justice: It always struck me that the dc-
refidant )2 he this dilemma—either tee did I it he old not make
I he did not, aim he vroposed to leave w thout
sioLng me, then the le lease 300 w. tilt attach to the tr.i..s•
cellos. If he did sat Li fatord, and he told him there Wise
LOS the clahtmt app alatiCe of anything ol the kind, weasel
he not have ashes 04 have the packet Oct, Instead if le. y
lug It 10 the chance of its turning up to We dlthouour 01
both_

_
Mr. Ksnealy lhat Is a difficult elestion to am.wer, and I
C Mesa I cannot answer It. It is whet a lulu of on:loary
sells. ay.d feeilng would Lava done. Tn., learned 0,1111110.
raf,ne Roger's three-ancl.a-ba.l jean' t.a nine nudtr
J. I ivat, his French tutor, tr,quenting Millard-rooms eo
mkt 4, IV Iltr, perhaps he int doeo thou habits of drinkieg to
annul be. t,rwards banana a dire. Then, pedlar., 104 a,
the perusal of th as agent,. us wot Its we Ito, heard 01 a.
the suagestim of Jolliest, mut lils slier training at Slot)-
tune w.to Lord 13 lieu, In barrack.roon s In Ireland and
Canterbury, was likely to make Ma noted and body utterly
dense, hod—lust such a man as er,. uld make an attempt
upou hue coon or any young lid, who migt t have fads into
his company. Warn t'os defendant sweats of the mill, I
suggest .hist ot means ihs grotto.

The Lord Chief Justice :When the defeneaut said It took
place at the mlll, I should have supposed It meant in the
mill sv.il not cutesto. You have sett: the grotto?
Mr. Keuealy : Y..
'lnc Lord Chit Justice : An Icc have I.
Mr. Justice Lush : Aud so have I.

twenty yams ago.
The f, Td Clef Justice : We have neon what it is ant what
II woad ooly hoe ben.
Mr. litnettly I don't with to give evidence on this paint,
and I hope your lordships will not.
The Lord Chief Justive No, certainly not. Having seen
It, I put it to ) on, air, liehealy, lithe thing would have hap-
ptned there?
Mr. lienealy : If I had seen the place la 1.852, I would
have answered the question.

The Levi ChM Justice: Too mist have seen whet has
been cal,ed the grotto. On the top of It there Is a public
footpath, aid on the other side of the water:there Is also a
pubic footpath. It wee represented as being thickly plautei
with trees, bus there la not one there now. I was never
More es"..)hished in my life when I visited the place, after
having seen the photograph of it. I could not have imp-
osed that, photogrw h could have so dirgulred it, and It
till lets the highest disgrace and shame on toe man who con-
coo edit,

-31x—Kenealy : I moat re•pactfully remind your lordadp
th:t! now Riving evidence.
. . . .

The Lmi Catet JuAlce: 1 am swaklag from what I have
seen.

M., Kansaly That is what witnesses generally do.
A Juryman : Supoosit Si? Lappeoed, now do you account
for it no; having been in en and known to others?
Mr ketAidy : If It.o dyed in the oountry ion would not
ask the q..eoton.
Mtn L i.e Caief Justice : If it took piece in the grotto, the
probabdity le tat it would have te,•en neon.
Mr Keue.dy I hove never ti -ti myself down literally to
word., nescriptioe, and dates given by the iLlendank
The L Chief Justice: Then allot to to become of Lody
nsucl ?

Mr. Kenealy : She can know, and must know, whether
she nor wa:ked out alone WO It ver ontalne rlrhhorne
Park She sweats she never Old, and I have called c vldeace
Mast ate•treqs her sterem,ne.
The Lord Wet Justice: Do you mean to say that because
the two cousins welted ut side the park, en, d In the public
row's frequented by Oepuolle, that therefore It taunt
necos-
tartly bate •1 to such consequences?
Me Keneely : Surely )our lordship does m t seriously put
th 4 question to me?
the Lord Chief Justice : Certainly lii,. That Is your line
of erg In flat.
K . I can hardly accept it al serious that You
Weak I Illtlati such a wild thing as that. Ido not way that
sedum:pm neturelly f01i0... I say that Lsdy KAMP( Is not
the witness ot truth, and I auneat there is reasonable
ground tr believing that she Is 110 telling the truth when
she dents It.

the Lor.l.—Chtel Joai lee : You Et, there I.a reolle,s In-
floe 10 &Mat in lon client how thee are W 6 to lulloro
hue?

Mr. K. mud, : I have produced an overwhelming b-dy of
evidetoe thit •roves the &teethed', etotemeet S are tree.
I-a..er Cho circumstance,, perhaps, a. It la only oath against
oath, the jay aid bellove neither.

he Lord Culet Juatice : You have Ills man tlttlng under
y u who s,ya he did the act. tie must know where it took
Dee. Be raid at the mlll, and when Lady Rada& was
to the box and dented it, there sat the man nodsr yhu win,
. hays instructed ou as to the time sod place It It
occurred elsewhere...

Mr 7Kooay -Ail the le very tree. Ye t he Is the men
who never told me a w nrrt of the conversetion he had will
Gibe A'. et the rme4forteatton._
_ .

tt,e L 1.1 Chief Justloe : It )on Intended to ret up that
1114 mit was not the place, It wae very easy foe son to hove
arks d y or client for L stroolSons on which to tr..m.sxmine
her.

Rt. hel slaty You mu, ash, but you eo not alon3s
its I Wl.Oll you mt. do not tel myself at Ilbeety
to tell your lordship In court what I might tell you
out f court. The learned counsel commented on the
fart that so witnesses had been called from Tech-
borne House to show the manner in which li,ggr and
his condo o.nducted themselves towards each other—
who Cher they carried flirtation beyond its tree hounds or
tot; soul referred to the wither'se, who had hew] called for
toe defence who swore to ioviig ABCs Roger end his cousin
alone OutsPe Tit:booms pars- Lady Raecliff, 's dental
e tonne he scnun led for rio.,pg she le c.-UWeiste in her own
mind that it would ',waken ersve tu•plcVna if did not,
ant thetet.-on she to d thou to deny what she kr ON. Is troth
Jurynt,ll; Do you rt c 'gess the gr tic el,n you tee
the phot,grap;
Mr Jostioe Lush: Parbaps you will agree with me—
lifr. Keenayn ii yor lordth'o dates your opinion I Milt
grate mlhe hut I , bject to eillitr girls giving evidence is
'hit cite. Having referred to the evidence of the final pil-
ing of Roger and bit cousin In June, 1852 the learned
conned said Dates in Hits cote are a godtend to the ornse-
cotton, awl I don't know where they would b 3 without
them. &metal; g meet have passed between Roger and
his cousin that eyelid not be divulgel, benaute in one of
leAws he satt that what bed paned between him
and her mast not be known to any one, and he desired
that the latter containing that sentence should he buret
Lail.- a astral In these matters must be taken with consider-
able doubt. In the Div wee Court, ladies of equally high
position as Lily R slcl ff.t hove dented cnn Ah the acid' e y
with which they have been charged, but Arms exorcise their
own judgment in (lust matters, and It is nut because ladles
deny Ole clarets that they ere led away from the truth,
and find this everything they say Is to be relied on. 111.
n .t because Lady Radcliffe here denies what has been
charged astinet her that you are to plate Implicit con-
lidenne In her era' emetic. Why should the defendant
hove iovwde I sect, a seat.. 'tient as the seduction of his
coedit I have het rd no explanath n anggeoted. There Is.
sort of • ghost of a reason given for it, ill may dignify it
by such • name, viz, for the purpose of driving Lady RV-
cliff I out of the box—an Improbeblo, &bedew, reseon, and
very far f.tdted. ac wording to that theory he ought to
hove Invented • story that would have driven evrrybode
'rat of the witost• bon. Ile, ho-ever, u..t time known
hat to have made such a charge nufnunued against
Lady Radcliffe wnuld have excited universal tympa'hy for
her and uuiversal woldendiation for himself, and have
reload ht. case entirely. I have now, the learned enema'
said, arrived at what I stay call nØlly
.111.11A1
moat remarkable trial that ham eves ocoUgul Snit&

—• world. Never dame the trial—of Charted haa • trial
exalted more atteuttan and obeartration of the people of
Eugland and of the whole world than this. Mady things
have occurred in the your,.. oe these r r•ceedings a would
have given tart of rny heart', blo dii they had never hap.
item el : and many this gs have cc erred that will for ever
blur and stilly the name of certain individuals in wh
fame and glory many of us we concerned. Our -parry
of trial by Jury is now upon its trial, and by the verdict you
will aim tn. thin-alum It wit/ he aumalued sr wpaketed of •
that respect In which it las always been heIC I am as
Wore as I sm of my own existence that yott will not be
animate thy any foregone conclusion, but that is your dealt*
to do the most prrfect Judie, you will calmly and
patienly consider and dentate this case upon the *silence
that hag been ply u, and that every one cf you will be
able at Its comlusien to proudly nut your hands upon
yonr hearts and say, •• Justice and truth alone has gelded
me le eniviug at a ver; let. If evioeece is tone of any
avail hef ore any tribunal—if the eretcht of evnienee is to
override the weight or prejtolicr—l have that weight of ear-
thlyos ou Thy side as great and as Preaistabie as the waves
Of the mien y ocean itself, Ido not place ray defence up •n
the fact that I have called ne re witnesses than the proreca-
Com but I bro. It and my claims for trtunoph in this case on
the fac. that my wit; esses' testimony has ly en prac•
tic ;Ily unshaken. Tuey have given what I cad •
Is treat of evlderce, snub as was never before pre-
sented to ally court of justice, and torc7i as if it does
not convince sad c nquer, would lead every one of us to
this k that human tribtutal. are fallible' sodd Hist justice car,
ot be obtulhee to this country. Von dare not on the eel.
d •ace native at a cotyledon sneer.. to the defendant.
Nothing can share my confidence In you, and although I have
heard certain oblervations from you in the course of the case
givirig The due caution of the rocks ahead, I have always
treated them tenter the certainty that you would be resc y
to surrender any prepomentou which existed in your minds
to the overwhelming trete which, on calm refirction,
will be found to be represented here by me in lists
case. The universal opinion is that the defendant
is not Orion, and the prosecution have committed a
fatal mistake t.t attempting to show that he is Orton
oust it he Is not Orton, who can he be, but Roger
'Cu:hi-erne f For six or seven tong years every rower and bi-
ll deuce that wealth can command, and the most adroit cun-
ning and *kill has been brought to bear agaiust him for the
purpose of showing who he is and who le is not, yet during
that tme the te'endant has malatained hie station as
Sir It for 'llchnorue, and he has not been exposed
and found out as he would have been long anti loot; ago,
ii ne were not Itchborue. Happily no Ile mu live beyond
a ...nein time, and Ittlery for truth and right, not
beyond a very short time Mated. There is one °Nerve.
tie.; I ought to make to you a ;out that ammdaloris witness I
had the mis;otieue to call, ana to ask you do you believe
1 that the c °lambent would, if he had known it, have selected
a tlt ketof.leave man es the perser who saved him, and the
only answer I Can ice to his having been deceive Iby that
mania that be Ras in such • state when he was saved
that he had lost all recollection of the man, and It he
has deceived Bo many thousand., I ask you to he ellarttab'e
enough to thiek that the man now on trial for
his life may have been dellarly mistaken. There
Is hardly • mau alive who knows bow soon the sin
he had c rum ttdd Os, y cello back and fall mann his even
head, and It is one ot the great wad powerful dem; arsirations
elan overruling Providence; and it 113 By well ye avant of
just rent outton that she upon whom be had been infl;cting
leers and y ears of misery eht uld be removed at the very
moment when her presenter would have established his case,
and have saved him from the retribution welch he nua re-
celymi and which he has moat justly deserved. at ter his
wild vialt to Wapping the first person he sought out was his
mother ; after her Mr Hopkins, who is likewise removed by
deate,bry who made an affidavit that bass oi been produced.
The Lord Chief Juattce I regret it, because I should like
to hare emu it, It might have thrown some light Upon the
cue.
Mr. K; needy l This man has been prosecuted with a
• viglante without example, and a idch I hope never to
see rivalled In this country. I hope I shall never live to
see again every rule of law and yractice pressed as it
has been, in every partible way, spinet this luau. They
had no eympatby or feelitg for him, aud they did not
care in tome instances whether they did not strain
the roles of law and evidence agalnat him stronger
than they ought to have been. No one can seriousiy
ark you to come to the conclusion that the defendant has
perjured himself when they constder the evidence that has
been given by Mr. Bladulph, Colonel Norbury, MM. brains,
Lady Tichborne, and other., Chat het. it leer Itchborms. The
law of England calls en the prosecution to prove its
case, and not ou a defendant to move his innocence, but
I have done so here Id future gem rations the value
judgment may be pasted on this prosecution which we
me emote° ed to pass on the premeettm of Cattiereagh
acid Londonderry. Is there • man low living in England
Who des not look ha k with shame at the prosecution, and
promotion of one of the greatest of Euglithmen—Willhano
Lotbett, who was then looked upon as a scoundrel and
a sheltie? Let us take heed that fifty years hence the per-
meation of this man may not be regarded as a shame
and dishonour to' England. The same may be said of
the prosecution of Queen Caroline and Lord Cochrane.
believe that every one of you In his heart he. a moet
just and solemn reverence for truth and Puttee and that
ye u will be actuated by a far grander and nobler
and eribTurer conception that these men were actuated
by who nutortunately lent themselves to the Government
prosecutions of former days. I demand your verdict, and
I have the strongest conviction in my own ming that you
cannel refuse it to me. I have the molt complete Idea that
was ever imprinted on the mind of man that no matter what
ii;u:th:lrtgalgat:
.I.hleu"dlona,:siht:se:
ningmeiht:tyy,,odrly'h:liniewdlliteirlen;tvhin.yelrom!.,,ilunurg.,,entiu:ypdit:hacymtc?haplei
at to end a verdict for the deteneant. With him or with
Ins tellies we have no syn patty, but we are the servants of
right and jetties, and in the name of right and justice we: are
compelled loan's ih.t this man is not guilty." In the name
and iu these not that departed lady never can you brier,
youreglves to the monstrous Idea that Lacy lichhorne was
deluded into the belief that the deMiibts use son.
The learn.] counsel eat down amidst ar Vann,
whioi waa ayeedily ouipreseed.
The Court again adjourned.