The New Orleans daily Democrat. [volume] (New Orleans, La.) 1877-1880, 1880-01-23
MR., BENJAMIN AND THE TIOHBORNE
CASE.

The announcement that Mr.. Judah Z. Ben
jamiD, @. O., has accepted retainer In the
celebrated Tichborne case would seem to in
dictate that there ID something more In tho
claimants pretensions than tho English
courts and upper classes" have heretofore
been willing to accord him. or course, 1t is
not to be Inferred from this that Mr.. BeDja-
min has undertaken to establish the claim OF
hIs client to the Tichborne title and estates.
| On the contrary, he has been retained specific
ally TO argue motion for the liberation from
prison Of the claimant, which Is based upon
tho cumulative sentences of tho Lord Chief
Justice. These are new points and In no wise
touch the merits OF the case, being solely
based upon questions OF law not unlike those
successfully presented to the New York Court
OF Appeals In the ease Of William M. Tweed.
The points of law relied upon In this motion
arc said TO have been suggested by Mr., Fran
cIs @. Young, who was, some twenty years
ago, prominent attorney In the city Of New
York, and ls now allied with English law
practice Having recently arrived Ia New
YORK, Mr. Young was interviewed by re-
porter OF tho World, and Indicated the follow
Ing as the groundwork for the new Itch
borne movement:
First. that the Court Of Queens Bench erred
IL putting the claimant upon bis trial on Two
.ndia n nts Ut ono aud tn. raue time-not on
different Couuts VI one Indictment. SeocudlV,
that separate and cumulative sentencet Can %
imposed only after separate trials. ThirdY,
thai the alleged divisible offenses OF which tho
claimant was convicted ara Substantially p0r-
tionB or or Contributions to one sole oH7nse
Fourthly that 70 much OF the puui .hmant as
exceeds tho maxiD,un term OF imprisonment
which Ia authorize by law for any OF tho
n -nRes OF which ths prisoner WAS convieied ID
void f.r want Judicial power In he court
thag It was ultra wires, as the law books say:
and N there WIS NJ legal power o make the de-
cree there was tor the time heing an tmoompe-
tent court: all is c0ranl non judiee. or to coin
word. ''courtless' and void F,hny, the power
of tho court was exhausted when IL had decreed
the tlrs, sentence. Yet all the terms are con-
current. beginning and ending ct the same
time,
Mr.. Young states that the sentences were
pronounced six years ago next month. and for
aggregated terms OF fourteen years; but IL
the claimant had been sentenced according to
procedures which his counsel now think
proper, he would be entitled to his release In
February. 1881. The claimants solicitor In
the case Is regarded by Mr.. Young as very
able in his profession, as La also the junior
counsel associated with Mr.. Benjamin. The
argument or the motion Is likely to be watched
with extraordinary interest, not"only In Eng
land, where the clalmant's rights and wrongs
have occupied the public mind more or less
during the last ten years, but will engage the
attention OF legal minds In every part OF
the civilized world. The question as to the
claimants right to the name and title OF Slr
Roger Tichborne, and to the estates OF that
long lost baronet, will, doubtless, In tho
event OF bis release from prison, be again re-
moved LID the courts, as 1t Is asserted by his
friends and supporters that testimony OF the
most unimpeachable and undenlable charac-
ter has been secured going to establish that
he Is In truth the missing nobleman and not
Arthur Orton, the butcher. as decided by the
judges and jury before whom he was tried six
years ago. Should this testimony be Of such
character as to inspire Mr.. Benjamin with
hope of success, it is not improbable that
he may yet be induced to undertake the case
upon its merits In which event his ex 4lted
standing at the bar would guarantee him a
more respectful hearing than was accorded
DIR. Kenealy during the former trial. Here
In New Orleans, where MIR. Benjamin resided
for nearly hslf century, and where come OF
his grandest victories as an ADVOCATE were
achieved, his numerous friends and admirers
continue to feel deep interest Ia anything
that concerns him personally, and will be
pleased to lpara of his prospects OF becoming
one Of her Malesty's Judges, thus smoothly
ending life of remarkable activity, struggle
and fame. In boyhood notary's clerk In