THE TICHBORNE CASE.

New Zealand Times, Volume XXXII, Issue 5182, 31 October 1877, Page 3

THE TICHBORNE CASE.

(From the Sydney Morning Herald, Oct. 13.) It will be remembered that a person in Melbourne, describing himself as the “ Agent for the National Tichborne Release Association in Victoria,” made an application to our Government some few days since for the release of a lunatic now confined in the Lunatic Asylum at Parramatta, named Oreswell, who is alleged to be the veritable Arthur Orton. The object of the application, which was made at the instance of the English managers of the Association, Lord Rivers and Mr. Guilford Onslow, was stated to be the sending of Cresswell to England for the purpose of procuring tho release of the “ Claimant,” now a prisoner at Dartmoor. The case has been referred to the hon. and learned Attorney-General, who has advised the Government not to comply with the application. “ On the application of IV. H. Look, of 31, Charles-street, Eitzroy, Melbourne, for the release of William Cress well, a lunatic, presently confined iu the Lunatic Asylum at Parramatta. «An application having been made by Mr. W. H. Look, of Melbourne, for the discharge from the Lunatic .Asylum at Parramatta, of one William Oreswell, under the peculiar circumstances to which I shall presently allude, my hon. colleague, the Colonial Secretary, has forwarded the papers in connection with the application to me for my advice. The applicant, who describes himself as the ‘ Agent for the National Tichborne Release Association in Victoria,’ alleges that he has been instructed by the English committee of this association, consisting of Lord Rivers aud Mr. Guilford Onslow, to procure the release of the lunatic named, ‘ who has been,’ as the applicant alleges, ‘identified as the veritable Arthur Orton,’ and that such release is applied for with the view, in the language of the applicant, * of taking him to England to secure the release of Sir Roger Tichborne, who is now undergoing a sentence, believed to he the same person.’ The lunatic patient in the Parramatta Asylum was received into the Lunotic Reception-house, at Darliughurst, under a warrant of date Bth August, 1871, signed by two justices of the peace, who, having taken the evidence on oath of two medical practitioners as to his condition, were satisfied that he was a dangerous lunatic. On the 10th of the same month the order for his admission, under section 1 of 7 Victoria No. 14, to the Asylum at Tarban Creek was made, and he was taken to that place. In April of the following year he was transferred under warrant to the Lunatic Asylum at Parramatta, where he has remained ever since. ~ If there was any reason to suppose that this patient had ceased to he of unsound mind, the applicant could at once obtain his release by au application to a Judge of the Supreme Court, under section 2 of 9 Victoria, No. 4 ; but I apprehend that this application is made with the knowledge that the patient has continued to be, and now is, of unsound mind. As he is still laboring under insanity, the power to discharge him by his Excellency the Governor is given under section 3 of 9 Victoria, No. 34, which enacts that the Governor may, if he thinks fit, order the discharge of a lunatic from a lunatic asylum to any friend or friends who may be able aud willing to support such lunatic, provided that.in the case of an application for the discharge of a person who may have been committed to an asylum as a dangerous lunatic, the discharge shall not take place unless the friends of the lunatic shall enter into sufficient recognizances for his peaceable behavior. This is manifestly not such an application as is contemplated by this section. The person applying is not a friend—nor is he making the application on behalf of any friends—of the lunatic; tho application is made for the purpose of endeavoring to prove, by the production of this lunatic in England, that the verdict of an English jury was an erroneous one, and that a convict now confined in au English gaol, is the victim of that error. It is not in the interests of the lunatic himself that this liberation is desired, but iu the interests of a felon now serving a sentence in England. The lunatic may be very much injured by his release from the asylum—his transport to England, and the excitement to which he will, in all probability, bo subjected, by being confronted with all kinds of persons on his arrival in England; and the Government can have no kind of security that upon his arrival there he may not be abandoned by those who have withdrawn him from the protection and careful treatment which he is now receiving. I would venture to express a very decided opinion that the Government would not be justified in acceding to any such application as this, even if there were much greater probability than now exists that the, visit of this lunatic to England could be of any value whatever in the, reversal of.' a solemnly-con-sidered verdict of an English Court. The duty of the Government towards the unhappy lunatic himself is a very serious one ; and, although I should hesitate, if the necessity to repair a great wrong and to vindicate the administration of justice absolutely required the production of this lunatic in England, to opposelhis. release tor that purpose, I think that the course should not bo adopted, except under very strong evidence of its necessity, and with the utmost precautions against any possible injury or misery to the lunatic himself. He should > not under any circumstances he • delivered up to the person making this application, but should be, if his transport be deemed necessary, placed under the care of one of our own officers of the asylum ; and should not be permitted to be withdrawn from the protection of such officers of our own Government during his stay in England, and until his return to the colony. But I think, upon examination, my honorable colleague the Colonial Secretary will he able to satisfy himself that no grounds whatever exist lor supposing that any object would be served by the release of this lunatic. Ho has been already seen by the sister of the real Arthur Orton, who, it is said, came to

this colony for the express purpose of identify- 1 ing.him,.and.Bhe..affirmed,-after-her-interviews' with him, that she had perfectly satisfied her-; self that he was not her brother, andbqrenono of IFe "distinctive marks by, which that person could be identified. 1 " : ■ i “For all these reasons I am of opinion that the application of Mr. Look ought to be refused, “ William B. Dalley* : J ‘ “Attorney-General. “ Crown Law Offices, Sydney, Ilth October, 1877.” : .