, 1874-02-11

~A o0Sb 02 "A ~ 0A ~
vince and conquer, would lead every one of US
to think that human tribunals we're fallible
and that justice could not be obtained in this
country. The jury dare not, on the evidence,
arrive at a conclusion adverse'to the defendant.
Nothing could shake his 2tDr. Kenealy'S) conf
dence in them, and although he had heard GER
tain observations from them in the course of the
case, giving him due caution of the rocks ahead,
he had always treated them under Uncertainty
that the jury would be ready to surrender any
prepossession which existed 10 their minds to
the overwhelming truth, which, on calm reaec-
ton, would be found to be represented by him
10 this case. The universal opinion was that
the defendant was not Orion, and the prosecu-
ton had committed the fatal mistake in attempt
ing to show that he was Orion and if he was
not Orion, who could he be but Roger Itch
borne? For six or seven long years, every
power and influence that wealth could COM
mand, and the most adroit cunning aud skill,
had been brought to bear against the defendant
for the purpose Of showing who he was aud
who he was not, yet, during that time, he had
maintained his stG:&s as Sir Roger Tichborne,
and he had not been exposed and found out as
he would have been long aud long ago if he
was not Tichborne. Happily, no lie could
live beyond a certain time, aud, luckily for
truth and right, not beyond a very short time
indeed. There was one observation which the
learned counsel said be ought to make about
that scandAlous. witness he had the misfortune
TO call, and to ask the jury-Did they believe
that the Defendant would, if be had Known it,
have selected a ticket-of-leave man as the per-
son who saved him ? and the only answer he
Or. Kenealy) could give to his having been
deceived by that man was that he was in such
a state when he was saved that he had lost all
recollection of the man, and if be had deceived SO
many thousandsh be asked them charitab|y ITO think
that the man now on trial might have been
similarly mistaken. The Defendant had been
prosecuted with a virulence without example,
and which he Or. Kenealy) hoped never to
see rivaled in this country. No one can seri-
ously ask the jury to come to the conclusion
that the defendant had perjured himself. when
they considered the evidence that had been
given by Mr.. Biddulph, Captain Norbury, Miss
Braine, Lady Tichborue, and others that he
was Roger Tichborne. The law Of England
called on the prosecution to prove its case, and
not on a defendant to prove bis innocence, but
DIR. Kenealy had done so here. he believed
that every one of the jury in his heart had a
most august and solemn reverence for truth and
justice, and that they would be actuated by a
far grander and nobler, and sublimer concep-
ton than those men were ~actuated by who unfor-
tu%nately lent themselves to the Government
prosecutions of former days. He demanded
the verdict of the jury, and he had the strong
est conviction IN his own mind that they could
not refuse it. He had the most complete idea
that was ever imprinted in the mind of man,
that no matter what passing thoughts, and
might have fitted over their understandings
during tho last eight or nine months, yet, look
ing upon this case in its grandest unity, they
would each and all of them say, that The law
of England and our own consciences compel us
to find a,verdict for the Defendant. With him
or with bis follies We have no sympathy ; but
we are the servants of Right and Justice, and
in the name of Right and Justice we are COM
PEELED to say that this ian is not guilty. The
learned counsel sat down amidst appliance,
which was speedily suppressed. .,..
On January Is the court presented an excl
ting scene. Many fashionably. dressed ladies,
including some of the Tichborus family, we're
in the body Of the court, aud the galleries were
closely packed. The benches set apart for the
bar were filled to OVERLOOKING and in the ranks
of the Queens Counsel was the Chief Justice
of Tasmania. DR.. Kenealy did not put In an
appearance, and it was stated that he was seri-
ousty i'll. Outside, and in Westminster Hall,
the number of persons who usually await tho
arrival ofthe Defendant was qnadrupied,I and
the lobhies and passages were thronged by earn