, 1874-02-25
THE TRIAL OF THE TICHBORNE
CLAIMANT.
THE FIRST DAYS sUMMING.Up.

On the 28th of January, Mr.. Hawkins, the
Counsel for the prosecution in this famous
trial, finished his speech,-a wonderfully con-
densed piece of reasoning, which seems to have
ELECTED the applause Of the whole bar. This
speech is a lengthy one, and much too lengthy
to find space in our columns, although it
might be interesting to some of our readers.
We, however, give the following condensation
OF the summing-up of the case by Lord Chief
Justice Cockburn, (which" says the Specta-
tor, rs most original, and has the curious eff
feet OF being quite a new narrative"
After a brief alluSion to the magnitude of the
task before him, and the impossibility of hold.
ing out a prospect of an early termination of
this last stage in the proceedings, he observed
that the inquiry had been rendered painful not
merely by reason Of the issues involved in it,
but from the course pursued by the defendants
counsel. He pointed out the difficulty in which
judges are placed who feel it necessary FREE
quently to interrupt an advocate in the dis
charge Of his duty; and he commented in terms
OF great severity upon the Slauder0us and un-
founded charges brought by the defendants
counsel, which had rendered that interference
an imperative duty. The Bench had been
treated, he said, with " disrespect and insult"
with covert illusions to Je1Feries and Scroggs,
and other " Infamous judges = though, added
his lordship, with Indignant emphasis, the
learned counsel we'll knew that if the spirit
which animated those Infamous Judges were
now prevailing, he would quickly have been
"laid by the heels and put aside" His lord
ship then cited what he described as examples
of the "asperity," the " foul and slanderous
imputations," and the filthy suggestions" in
which the defendants counsel, -" on no autho-
rity, and with no shadow of evidence to sup
port them" had 50 frequently INDUCED. Some
traces OF emotion were manifested in his voice
as he protested that, although they had been
charged with undue interference, he could I'M
dertake to say that "there are no three Judges
on the Bench to whom the privileges of the Bar
are more dear and sacred % and when, at the
conclusion of his eloquent but carefully mea-
sured observations on this point, his lordship
declared his belief that these sentiments
would meet with the universal concurrence of
the Bar" the unusual sight was seen of the
centre row of Queens Counsel, as we'll as their
brethren behind them, bowling low in response
to an appeal such as has rarely been heard in
an English high court of Justice.
The Lord Chief Justice then explained to
the jury the nature of the issues involved. He
spoke OF the difficulties attendant upon cases
OF Identity, increased in this case by the fact
that both Roger Tiohborne and Arthur Orion
had for many years disappeared from the
scenes to which the evidence referred. The
testimony was conflicting, and yet there was
an agreement among the witnesses to a certain
extent which rendered it impossible to be-
lieve that there was not some resemblance in
the defendant both to Mr.. Tichborne and to
Orion" But the jury had to guide them the
conduct of the defendant and they had-and
this, it was remarked, is a peculiar feature of
the case-abundant materials for making them
selves acquainted with Roger Tichborne's
qualities, personal, intellectual, social, and
moral. No two lives are alike: no two memo
RES are the same. They must consider what
they could fairly expect a man anxious to estab-
iish his identity to remember-not perhaps
IN particulars. but in the aggregate. If the
man whom he claimed to be. added bis lord.