CLOSE OF THE DEFENCE IN THE TICHBORNE TRIAL.

Tuapeka Times, Volume VI, Issue 324, 24 January 1874, Page 3

CLOSE OF THE DEFENCE IN THE TICHBORNE TRIAL.

{From the "■ Times," October 28.^

The case for the defence in the Tichborne trial is concluded. If the public will read the announcement with a sigh of relief, what must have been the feelings of the three judges and the twelve jurymen, on whom Dr. Kenealy's announcement came yesterday as one more "suprise?" Whether it is to be last or not we" cannot as yet be sure, for a little more evidence is still to come. We are assured it will be only a little, bat who will venture to be sure of anything in a case in which everything in turn is described as extraordinary ? The prosecution find it necessary to call some evidence to rebut that which has been offered for the defence. For that purpose the further hearing of the case has been adjourned until tomorrow, and on Friday it is possible that the last evidence may be given, Mr. Hawkins, however, has intimated that he may have to make " a special application" to the Court. It will be re« membered that about a fortnight ago we were startled by the sudden appearance of a witness who swore that he was the mate of the Osprey, and corrobrated the- defendant's story that he had been picked up by that vessel and conveyed to Melbourne* The counsel for the prosecution alleged that this witness had been "sprung -upon, him" unexpectedly, and it ia understood that further time may be requisite for the purpose of inquiring into this evidence. We may, therefore-, have another surprise in store for- us. But, even if this occasions a little delay, it can hardly fail to be the last episode in the trial. The conclusion of the evidence is clearly at hand, and -we may then congratulate ourselves that the end » so comparatively near. We say " comparatively," for even then an amount of time may be consumed which would be thought irksome fa any other case. Counsel, we presume, will exercise tbeir right of reply, and then will follow the summing-up. That may be expected to prove the most interesting part of the whole proceedings. A judge has never before had so portentous a task, but there certainly has never been a judge more capable of discharging it -than the present Lord Chief Justice. He will probably be more concise than the defendant's counsel ;• but he will liavo to discuss the bearings of about a hundred days* evidence, and it will be beyond even his power to compress such a mass of matter within any ordinary length. At a trial at liar, moreover, each of the judges, we believe, has a right to sum up separately j but it may b& hoped this will not be found necessary, at least at full length. These tilings, however;, are all calculable, and when once we have reached Mr. Hawkin*s reply, the jury may at feast hope to be free from their burden before Christmas,

Apart £roi» the particular circumstances of the case, which it- would be improper at this stage to. discuss, the fact that there should be any case at all to. go. to the jury is the most extraordinary part of the whole affair. The prosecution were able to call about one hundred and fifty witnesses, of whom a hundred swore that he is not Roger Tichborne, and about forty swore that he is Arthur Orton. Under both heads of evidence many of the witaessesweFenearrelationsofthe two persona in question, and they deposed to having a perfect convictioa of the defendant's identity or non-identy. It is less, than twenty years since "Roger was lost, and it would have seemed impossible that such a mass of personal recollection could be rebutted. Yet the defendant's, counsel has. been able to. occupy two, moatha in adducing evidence, much of it not less, positive, in denial of the whole case for the prosecution. There are undoubtedly very many persons who having known Roger, believe the defendant to- be he, and others- who- have known Orton, donot believe him to be the defendant. It will be for the jury to. estimate the relative value of the two sets of witnesses ; we are only noting the surprising f act,. That there should be some uncertainty among friends at the first appearance of a person claiming be a long lost relation* is intelligible j but it is certainly something new is- history that there should be any doubt about the claim after six years* inquiries, and after one long trial* There is one circumstances moreover, which distinguishes the present from all previous instances of alleged personation. The most notable cases recorded have occurred in times and in countries in which the difficulty of travelling rendered it impossible- to. investigate all the allegations of a " pretender." A hundred years ago, if a man came home to. his native place after » long absences alleging- that lie had been across the sea, whether in war or on pleasure, his neighbours had to. make up their minds from what they remembered of him, and nothing but <-hanc.e could afford them an opportunity of testing his. statements. But in this instance all the world is within reach of both sides of the dispute.. Commissions have- been sent to. South America, and Australia: a»d>. as it mere incident in. the course of the trial, Dri Kenealy having announced that he would call the captain: of the Osprey, the Crown air once send's« across the Atlantic to-, fetch the- captain, the- mote, and the log from New Bedford ; while, after all, the vessel proves to. have sailed, not from New Bedford, but from .New York.. In fact, public funds- alone- could hmae supported such an investigation, and yet, in spite of alii there remains, as we have said; & case to> go to the jury.. Whether- the defendant be* or be not Roges- Tichbome, he has certainly added a very strange chapter ta the history of human credulity- and incredulity.

One other- observation, may be made- which is. independent of the result of the caßo, and that is upon the singular illustration, it affords of the processes of English law. We will noif at present undertake to, say that it is other than, one more- 'evidence- of fcho admirableadaptation of thafc law to. the ends of justice, but it is certainly an example of its occasional tediousness. Ib is- hard, perhaps, to see how the- trial could have been, shortened', and wo may bfr sure that, if it- had beca- possible, the Chief' Justice would' nave exercised his authority for the purpose. But the defendant is charged with an offence, which, if it be established, is certainly, one o£ the most heinous crimes of' its class ever- committed, and the last thing that could be done was. to put any check on the evidence he might adduce for the defence. The- judges did occasionally interfere in some, instances when, it was pate.ns the time of the Court w,as- being really, however unintentionally, wasted;- but the jury 1 have been exemplary in their patience.. They deserve to .be rewarded by being excused all further services on juries as long as they live..