AN EPISODE OF THE TICHBORNE TRIAL.
On October 2, during the examination of Colonel Norbury, of the < arbineers (a witness for the defence), a discussion arose as to whether or not a certain enveh-pe had been produced at the first trial, and, referring to the notes of the trial, Dr Kenealy finding a passage in which it appeared that some envelope had been handed by Mr Hawkins to the Colonel to identify—though it appeared that this was the envelope of some other letter-insisted that this was the same, and that therefore it was handed to Mr Hawkins. Mr Hawkins upon this declared that it was not ■o, but that it was the envelope of another letter which was there alluded to. Dr Ken ealy said the envelope was, by the evidence, traced to the hands of Mr Hawkins, and he would rather believe that than Mr Hawkins s word. This brought to his feet very quickly Mr Hawkins, who vehemently denied the statement, and he declared it emphatically to be utterly false, and protested against the gross and offensive imputation conveyed. Lord Chief Justice Cock burn said he greatly regretted the use of such language, while Mr Justice Lush said emphatically that he had bem more pained at the lanCge used in this trial than he ever been before in any case in which he had ever been engaged. Dr Kenealy repeated his assertion, and Mr Hawkins again vehemently denied it. Then a juror added fuel to the fire by observing that the time of the Court was worth far more than ihe matter in dispute about th s envelope. Upon this Dr Kenealy vehemently protested against any imputation of wasting time. “My client’s interests,” said he. “in this case, which might involve twenty-one years’ penal servitude, are far more serious than the time of any juror, if the jury as a body tell me I am wasting time, I will bow to their opinion, but I protest against any such observations from a particular juror.” The following colloquy then took place. The Lord Chief Justice t ** X must avow my opinion that this particular envelope is not of the slightest importance, and I regret deeply the language winch has been used about it.”—Dr Kenealy: Well, I only say that I had rather take the evidence than Mr Hawkins’s word, and I do not see that there is anything very serious in that.—Mr Justice Mellor : 1 am not surprised at you. —Dr Kenealy : I am not surprised at anything yon say to me, my lord. —The Lord Chief Justice: If such language is used, the relations which have hitherto subsisted between the Bar and the Bench cannot continue.—Mr Justice Mellor, with equal eroE basis ;I am bound to say that my feelings ave been more severely tripd iq this case than they have ever been b fore during the whole of my experience. The ‘'l imes ’ report adds that there was a murmur of dissent from the Press box as this painful scene closed. _____
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https://paperspast.natlib.govt.nz/newspapers/ESD18731230.2.20
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Evening Star, Issue 3388, 30 December 1873, Page 3
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504AN EPISODE OF THE TICHBORNE TRIAL. Evening Star, Issue 3388, 30 December 1873, Page 3
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