page_title: Tichborne case
section_title: Trial
hierarchical_section_title: Tichborne case / Criminal case: Regina v. Castro, 1873–74 / Trial
caption_attribution_description: English: Scene from the Tichborn criminal trial (Regina v. Castro), which took place in 1873–74 at the Court of Queen's Bench, London. The Claimant (probably named Arthur Orton) is the bearded man in the lower centre of the picture, facing left; he is sitting in front of his lawyer, Edward Kenealy, who is leaning against the desk.
context_page_description: The Tichborne case was a legal cause célèbre that captivated Victorian England in the 1860s and 1870s. It concerned the claims by a man sometimes referred to as Thomas Castro or as Arthur Orton, but usually termed "the Claimant", to be the missing heir to the Tichborne baronetcy. He failed to convince the courts, was convicted of perjury and served a long prison sentence.
  Roger Tichborne, heir to the family's title and fortunes, was presumed to have died in a shipwreck in 1854 at age 25. His mother clung to a belief that he might have survived, and after hearing rumours that he had made his way to Australia, she advertised extensively in Australian newspapers, offering a reward for information. In 1866, a Wagga Wagga butcher known as Thomas Castro came forward claiming to be Roger Tichborne. Although his manners and bearing were unrefined, he gathered support and travelled to England. He was instantly accepted by Lady Tichborne as her son, although other family members were dismissive and sought to expose him as an impostor.
context_section_description: The trial, one of the lengthiest cases heard in an English court, began on 21 April 1873 and lasted until 28 February 1874, occupying 188 court days. The tone was dominated by Kenealy's confrontational style; his personal attacks extended not only to witnesses but to the Bench and led to frequent clashes with Cockburn. Under the legal rules that then applied to criminal cases, the Claimant, though present in court, was not allowed to testify. Away from the court he revelled in his celebrity status; the American writer Mark Twain, who was then in London, attended an event at which the Claimant was present and "thought him a rather fine and stately figure". Twain observed that the company were "educated men, men moving in good society.... It was 'Sir Roger', always 'Sir Roger' on all hands, no one withheld the title".
  Altogether, Hawkins called 215 witnesses, including numbers from France, Melipilla, Australia and Wapping, who testified either that the Claimant was not Roger Tichborne or that he was Arthur Orton. A handwriting expert swore that the Claimant's writing resembled Orton's but not Roger Tichborne's. The entire story of rescue by the Osprey was, Hawkins asserted, a fraud. A ship of that name had arrived in Melbourne in July 1854 but did not correspond to the Claimant's description. Furthermore, the Claimant had provided the wrong name for Osprey's captain, and the names he gave for two of Osprey's crew were found to belong to members of the crew of the Middleton, the ship which had landed Orton at Hobart. No mention of a rescue had been found in Osprey's log or in the Melbourne harbourmaster's records. Giving evidence on the contents of the sealed packet, Gosford revealed that it contained information regarding the disposition of certain properties, but nothing relating to Katherine Doughty's seduction or pregnancy.
  Kenealy's defence was that the Claimant was victim of a conspiracy which encompassed the Catholic Church, the government and the legal establishment. He frequently sought to demolish witnesses' character, as with Lord Bellew, whose reputation he destroyed by revealing details of the peer's adultery. Kenealy's own witnesses included Bogle and Biddulph, who remained steadfast, but more sensational testimony came from a sailor called Jean Luie, who claimed that he had been on the Osprey during the rescue mission. Luie identified the Claimant as "Mr Rogers", one of six survivors picked up and taken to Melbourne. On investigation Luie was found to be an impostor, a former prisoner who had been in England at the time of the Bella’s sinking. He was convicted of perjury and sentenced to seven years' imprisonment.
caption: In this painting by Frederick Sargent, the Claimant can be seen sitting in the lower centre; behind him, partially hidden, is Henry George Bogle, son of Andrew Bogle and the Claimant's constant companion and assistant during the trial. In the row behind the Claimant, Kenealy has risen to speak.
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