CLOSE OF THE TICHBORNE CASE.

Evening Star, Issue 3498, 9 May 1874, Page 2 (Supplement)

CLOSE OF THE TICHBORNE CASE.

THE CHEESE JUSTICE'S TEROEATION. You, gentlemen and the jury have only one conservation. It is the duty we have to discharge, and we have to discharge, and are bound to discharge God and man, with only one thought and one desire ; it is to discharge .that duty honestly, truly, and fearlessly, without regard to any consequences except the desire that that duty shall be properly done. Gentlemen, I say without fear, because—and I-say it not unadvisedly—we have been threatened. A system of intimidation has been attempted to be brought to bear upon us who are sitting here to administer justice. .Wo have been told that if our countrymen do ; not meet us with sufficient reprobation, the history of this cause shall be written in which those who do not take part with the Defendant—or who think it necessary in the honest and fearless discharge of their duty to point oat things that may make against him, and to restrain the license of unqualified abuse—are to be handed down to the execration of posterity, covered with infamy. We have heard language applied to this tribunal which, I will undertake " to say that, in the whole of the annals of the administration of justice in this country, no advocate ever yet dreamt of addressing to a court. When I say tire heard it, I must correct the phrase. X did not hear it." It was spoken with bated breath, and I must suppose only with the purpose that I should not hear it ; for if I had heard it, most unquestionably it should not have passed without that punishment which it is competent to the court to inflict, and which should be inflicted on those, who outrage decency and heap upon us indignity and insult. The learned coun'sel spoke with bated breath loud enough for the reporters to catch his words, but not for us. I think one or two words caught my listening ear, and I called upon the learned council to speak up. His answer free that indisposition, brought on by overwork, prevented him speaking in the loud tones which he otherwise can so well command. But two minutes afterwards, when he changed his subject, his voice was loud enough to be hoard at the other end of Westminster Hall.- That is the way in which a learned counsel comes forward to insult this courtcowardice and insult combined. Mark the language 1. • I am glad the bar of England is bo largely represented here to-day. Let them hear the way in which one of their body addresses this Court of Queen’s Bench—l venture to say this august Court of Queen’s Bench. The court is not to be bearded and insulted by this flagrant language addressed not to the court, but to the reporters, that it might get into the newspapers, and be read by the people of England. I will read to the bw the language -“ We have now arrived at whatT may call the nearly final stage of the most remarkable trial that ever has occupied the attention of the world. There is ho actor in this trial, from the humblest up to the niost: exalted, who may not well look with apprehension, and almost with dismay, at the pbsition. that he may occupy before his countrymen and the world for all future ages, I should be sorry to think that there is any -person connected with this great controversy frho does hot look with a species of pride in maintaining an honest name before the world-and posterity. I should be sorry to think there was one of us who was dead to the future—that did nob sometimes ask himself with the utmost solemnity, How shall I also appear in the. historical reminiscences of this great trial? For my own part, from the first moment when I became connected with i fc j I knew that it was one which must cover the names of all prominently engaged in it in future days either with infamy or with honor; and I on a former occasion took the liberty of calling your attention to the blazon of glory which still surrounds the names, and will for ever surround the names, of all those noble jurymen who were connected in a former age with the great Annesley trial; and lam anxious that a similar illumination of splendor should surround not your names only, but the names of others also, in the eyes •f- those persons who will read this trial during all ages; because never was there a trial in England, since the last memorable trial of Charles the First, which has excited more of the attention and observation of Englishmen and of , the world than this. Many things have passed in the course of investigation which, in my judgment, will for eyerblUr and sully the names of certain individuals—individuals in whose name and gloiy many of us were concerned—individuals vrhosO name and glory were past. “The Lord Chief Justice : Will you sneak a little louder?” v It'wbuld be idle affectation to pretend not to know who is meant to be connected with the altorhative of infamy and honor, and frhose name is to be blurred and sullied for the future. Is that the way in which counsel is to Speak of the judges of the tribunal before whom he is pleading? I a ! m quite certain there can be but one response from the body that I see before me. (Applause from the bar.) Pray, pray do not do that. Gentlemen, the history of this case may be written hy'frhom 'it may, I care not. I am conscious of hating done my duty in it, and I can only Bay—’: ■ y “There is no terror in these threats .' For I acd armed so strong in honesty , That they pass by me like the idle wind. Which I regard not.” The history of this case may be* written hereafter, and, for aught I know, by. a pen steeped in gall , and venom that may not scruple to lampoon the living or to revile and calumniate the dead. I have no fears. The facts will speak for themselves. I have administered justice here for many years. I cannot hope that - my r memory, like that of the great and illustrious men who have gone before me, will live ; in the after ages, but I do hope it will live in the reipemberancer—nay, I venture to say, the affectionate yememberance—of the generabefore wrhom and with whom I have administered justice here; and,if my name shall be traduced, if my conduct shall be reviled, if my integrity shall be questioned, I leave protection of my judicial memory to the, bar of England—(loud applause, which vra f? ' however, suppressed as speedily as pqs-siblq).-—my .relations with whom have never been in the, slightest degree other than the mo St pleasant, and whose' support has been the, happiness .of piy judicial life. I have d is-. .tct : the feat of my ability. ■ -itq 4Pyours; and I

am sure that the verdict you pronounce will be received on all hands, except by fanatics and fools, as the judgment of twelve men who have brought to the consideration of this great case-the utmost dnd the most vigilant attention, the most marked—l may say, the most remarkable—intelligence, and the most sincere desire' to discharge their duty before God and man according to what they believe in their hearts, and souls to be the truth and justice of the case. The conclusion of the elaborate and eloquent summing-up was greeted with suppressed applause. THE VERDICT. The other judges briefly expressed their entire concurrence in what fell from the Chief Justice, and the jury then retired to consider their verdict. They were absent less than half an hour, and on their return into Court the foreman, in a find tone, declared they found the defendant guilty, and then read from a paper their written findings, (1) that the defendant is not Roger Tichborne ; (2) that he is Arthur Orton, and (3> that be did not seduce Miss Doughty. The jury added that there was no foundation for the suggestion that there had ever been improper familiarities between Roper Tichborne and his cousin, and they further appended to their verdict the expression of their regret that the prisoner’s counsel should have indulged in groundless accusations against those concerned for the prosecution, and against several witnesses for the prosecution. INSIDE THE COURT. # At the Lord Chief Justice’s most impressive remarks to 'the jury, the Claimant was calmly engaged in writing a telegraphic message, having done which he tore it up into fragments, and looked intently at the judge, and irom the judge to the jury, while the words from the Bench were enchaining the attention of every one. Those who heard it will not forget the fervour of the judge’s ob - servations respecting “ the still small voice,” or the dignified severity of the description of the threats and intimidations to which he said the judges had been subjected. The blood rushed quick into Iris lordship’s face, andhislips quivered with indignation, as he spoke of Dr Kenealy’s “ cowardice and insult combined,” and it was with half-broken voice, and eyes threatens! with tears, that he looked round upon and appealed to the members of the bar, who twice could hardly refrain from an outburst of applause in honor of “ the chief.” By-and-bye the inevitable outburst came. .His lordship was literally shaken with emotion for two or three minutes, while he pointed out how content.he was to leave the protection of his judicial memory to the Bar of England ; then the applause was loud and hearty; and in different parts of the court handkerchiefs were drying the tears of many sympathetic ladies ; and Lord Chelmsford, the other judges, and the bar did not conceal tbeir agitation and , concurrence. Dr Kenealy himself leaned back in his seat with folded arms, and was perfectly still during the whole of the remarks affecting himself. There was suppressed applause at the Lord Chief Justice’s final word and at Mr Justice Mellor’s praise and defence of his senior. OUTSIDE THE COURT. The verdict was communicated to the crowd outside, by whom it was received without any excitement or sign of displeasure. They waited to hear the sentence, and on learning that Arthur Orton, as the Claimant had been found by the jury to be, had been condemned to 14 years’ penal servitude, the remarks were, “ Serve him right,” “ He deserves it,” “ That. Kenealy blackguarded everyone,” with other such-like sentiments. A body of police, who had been in reserve since ten o’clock in the Speaker’s courtyard, was now marched out through Palace Yard, and the crowd for the most part followed them, in the idea that they were going to the judges’ entrance to guard the prison van. The whole roadway from Parliament street to Old Palace Yard was shortly erowded, and the police cleared the path by the judges’ entrance. A further body of police came up and marched in the direction of the House of Lords, but as the crowd were following them the word was given to “ Halt,” and the people were kept back towards St. Margaret’s Church. Dr Kenealy came out and was recognised, and a few cheers were given him, but these were not unaccompanied by hisses and groans. Young Bogle, to whom the prisoner had handed his watch at the moment of receiving sentence, came out and made his way through the crowd unnoticed and most probably unrecognised. For some hours afterwards the street was more or less crowdedi'and from time to time, rushes, though not of a very violent character, were made, the cry being raised that the police were preparing to get the jury away, or were about some other equally probable work. The crowd when largest was scarcely so great as it has sometimes been during this trial, and probably the utmost number which were congregated at any one time on this concluding day would not exceed 7,000. IN EEISON. Since his confinement in Newgate the Claimant stoutly refuses to answer to the name of Castro or Orton, but willingly responds to that of Tichborne. He has been supplied with his prison clothes, which are made of a light brown woollen cloth, knee breeches, ribbed worsted stockings, common leather shoes, and a cap with a little knob at the top without a peak. He has been closely shaved, and his hair has been cropped. His shirt sleeves measure 37 inches round, the muscle of the arm being 27 inches, while round the chest ho measures 56 inches. He does not pick anything like the portion of oakum alloted to him, as his fingers are delicate and the tar rope is very adhesive. He rises at six o’clock and goes to bed at nine, and attends chapel for the present every morning." He has hitherto maintained complete silence, and, considering all things, takes very kindly to the skilly. ‘ When his new clothes were brought to him he appeared to hesitate a little, but soon regained his selfpossession. He sleeps quite soundly. A letter has just been published by a contempnrary, purporting to be written by Charles Orton, in which the writer says that the Claimant is his brother.

DR KENEALY’s DEFENCE. “I am accused—of what? Of treating the Bench with contempt, and of being, consequently, liable to punishment. If I treated the Bench with contempt, why did it not punish me at the time? Why did it not rebuke, or check, or stop me ? It was competent to the Court to prevent me from proceeding until I had made an apology, if I had done wrong. Why did it not warn me against the tone I adopted ? Was it fair to me to lie by and suffer me to go on, and then fall on me with an avalanche of abuse when I could neither explain, apologise, nor reply ? I leave this question to the people of England. It was no want of the will to injure which made the Court spare me—that has been well shown by its abuse. Why then did it not act ? Why does it seek, to throw the odium of punishment on the Chancellor, or the benchers, when it could, as it says, have punished me itself and at once ? Why did it not when the case was over, and when the defendant was taken to prison, before the Court broke up, call upon me for an apology, and punish me if I refused? All this, it says, it had power to do. I will tell you ; why it did not do so. Because I have committed no contempt: because the Court, sitting as a Court, could not judicially say so • but it seeks now to shift on an individual or on a.body, of benchers the serious responsility of doing, in a hole and corner, that which it ventured not itself to do before the

world in open forum., Upon this I appeal from those judges and my newspaper critics to nay countrymen at large, and I feel certain there will be but one answer, and that that "frill be for me. , • ' ‘ * General scurrility I regard not: th 6 charge of ‘ cowardice ’ I laugh at; the whining appeal to the bar of England, which consisted of some three dozen very young gentlemen, scarcely any one of whom, as I am informed, had ever been known to hold a brief, I consider it a piteous and humiliating spectacle. I went into that Court with the hope that I,should see unsullied justice administered. When Lord Rivers retained me as leading counsel for the defence, he informed me that arrangements had been made to present petitions to Parliament, signed by thousands of people from all parts of England, praying that the Chief Justice of England should not preside at the Tichborne trial. I told Lord Rivers that if these petitions were presented I should withdraw from the case, and hand him back his retainerfive hundred guineas. I told him I never could be a party to such a vote of censure on a judge. 1 said'—‘ It is impossible that in a case like this the Chief Justice will be led away by bias, or prejudice, or preconceived convictions. He aspires to an honorable place in judicial history. He seeks to rank with Holt. I will stake my life on his integrity. He will set a grand and shining example to the world, and to all future times, of the most serene and perfect impartiality. It is the last great case that he will probably try, and he will be glad to retire with unsullied glory from the Bench, where he has sat so long. If he has committed himself to any opinion here or there, think nothing of it—that very fact will make him more scrupulously careful, more jealous of his fame. The eyes of the world will be upon him, and he will behave like the very impersonation of Justice herself; and from the first moment of the trial till its end yon will see such a spirit of honor, equity, and fairness, as will exalt his name for ever. “ I do not know whether my hearer was convinced, but no petition was presented. The result we see.” TICHBORNIA, The Western Times -mentions the case of a young couple who were ruined by the Tichborne case. They set out in life with every comfort, but the husband, much against the wishes of his wife, invested £14,000 in “ Tichborne Bonds.” After the cross-examination of the Claimant by Sir John Coleridge, the young man became disheartened and desponding, and died in a short time, his early death being attributed to vexation consequent upon the feeling that he had lost his money and had shown a great want of prudence.— “ Among the curiosities of the case I maynow cite,” says the Manchester Chiardian’s London correspondent, “ without ‘ contempt of court,’ a very remarkable anagram, which for appropriateness is, I think, almost without a parallel. The letters forming the words ‘ Sir Roger Charles Doughty Tichborne, Barpnet,’ may be transposed without addition or omission into the sentence—‘You horrid butcher Orton, biggest rascal here.’ I have heard it stated that Mr Hawkins received a retainer of 1000 guineas and a daily fee of 50 for his services in the Tichborne case. Dr Kenealy has not fared anything like so well. His fees are far behind in payment.”