RE ORTON.

Thames Star, Volume XI, Issue 3501, 15 March 1880, Page 2

RE ORTON.

The writ of error in the rose of the convict Orton will involve the infliction of another Tichborne Trial. A dry question of law will bare to be argued, and the decision will depend upon the judicial construction ottbe statnte and the: application of the precedents submitted to their lordships. Orton was found frailty on t#o counts of an indictment for perjury, and he was sentenced to seven years' penal servitude for each count. It is bow contended that it was an error to pass two sentences in respect to a conviction under .one iodjotment, that .all his perjuries ia connection with, his olaim to be Sir Roger Tiohborne constitute in law a single offence of perjury. The alter* natire counts that appear in an indict* ment are not intended to charge the * prisoner with several crimes, .but Ap leave, a discretion ac to the crime eovMaittfdt 1 We presume that a person cannot be tricjl for two- separate offences at one trial; fa when an offender has oommitted sevenl offences of the same nature*—such, at; obtaining goods by false preteuces~»there are several indictments, and frequently when a verdict of guilty is obtained,, the: other cases are not tried* ..Orton,-kad-frequently falsely sworn that he was not Arthur Orton the butcher, tfrid that he was Boger Ticbborne the Baronet, awl a score or two of iraoh perjaries ooold have , been easily proved; but he could not be separately sentenced for every instance proved against him of falsely swearing he was not tbe butcher, or that he was the: baronet. But tbe perjuries which Ortott „ was convicted were not of the same kind. He was convicted of swearing, falsely as to his identity, and also of swearing falsely as to the cohdact of another person. Could these perjuries be > dealt with as separate offences, despite that they were both committed: in relation to the same case P If they are; such distinct offences that they maybe treated as distinct and several offences, ought they not to have been separately tried P We understand that Orton'a first term of penal servitude will be completed ' in a few days—that is 'to', say, the seven. years minus the time deducted for good_ behaviour. ,"■ ,'^-nW*The wisest man may be wiser to-day than he was yesterday, and to-morrow than he is to-day. Total freedom from change would imply total freedom from error; but this if the prerogative of Omniscience alone. . ;

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