Symud i'r prif gynnwys
Cuddio Rhestr Erthyglau

8 erthygl ar y dudalen hon



THE TICHBORNE TRIAL. This case wa" resumed on Friday, before the three Judges—the Lord Chief Justice, Mr. Justice Mellor, and Mr. Justice Lush. Before the trial re.commenc&d, an application was made to the Cmrt by the Attorney-General, in consequence of a oammunieatiou by the Lord Chief JU8tice with referenda to ••me publications supposed to affect the trial. The first in- timation had reference to the publication in the Leeds Evening Express ot the following letter from Mr. Guildford Onslow:— The Greve, Ropley, Hants, May 30, "Sir,—In raply to a rumour in Leeds tint I have deserted Slr Roger Tlchborne, I beg to state that I am more con- vinced than ever he is the man he represents himself to be. In spite of the terrible amount of perjury he has to contend with, I am conflden ly certain he will receive an honourable and triumphant acquittal. "Your obedient servant, GUILDFORD ONSLOW." At the sitting of the Court, The Attorney-General rose and said that, in consequence of the commulJicatbn addressed to him by the Court, he rose to apply for a rule against Mr. Appleyard, the publisher of the broadsheet reflecting on the character of the defendant in this case during the present trial. There was a similar application against the publishers of the Leeds Evening Express for publishing the letter above alludea to, as to which The Lord Chief Justice observed that the proprietors had expressed their regret for the publication. It would be proper, however, thAt the publisher of the paper should be called upon to answer, as it was necessary to ascertain how far the publication had been authorized. But as regarded the publishers of the other papers, which had only copied, and had expressed regret for the publication, the Court thought that the expressions of regrtt were sufficient; and so as to the publisher the broadsheet, which had been suppressed. The Attorney-General assented. The trial was then resumed, and the military head of evidence was continued. The first witness was Stephen Shepherd, who had enlisted in the regiment at Norwich in 1846, and afterwards became lance corporal, and was so until in 1852 he was discharged for ill health, jast before it went to Caut»rbury. He recol- lected Mr. Tionborne j lining the regiment ia 1819. Saw a gocd deal of him urilied with him. Often heard him speak, and had a perfect recollection of him. He saw the defendant on the 9'h of October, 1869, when the iaunl rd of tt-e Gre) hound "at, Win canton, where the witness reSidt8, cime to him and said that a gentleman desired to see him. From wbat he had heard he had no doubt that this was the person who represented himself to be Sir Roger Tichbome, and on arriving at the inn he found the defend- aIlt 8itting at a tahl". ihe deftJndant begl1n by putting out his hand to shake hand?, saying II I think that we lave met before, Mr. Shepherd." Witness lonked at him and said "Not that I am aware of" Ha said, "Oh, I think we have in Hand (meaning Ireland, but pronouncing it as the witness said, Iland). Witness replied by sayin? that if be wilhed him to become his witness he should be nry par- ticular in the question* he asked aud answered. The defend- ant said, "I alll not come down to get any evidence, or to get you as a witness. I have got 240 witnesses on my side. I've merely come down to take a glass of wine with you." Witness said, "Supposlrg you be Sir R. Tlchborne, if you can answer the questions I put, I will go and swear you are Sir Roger in any court. Supposinll you to be Mr. Tichbome, can you tell me who marked your table utensils when you first joined the regiment 1" He hesitated, and could not think for some time, and at last he said, I think it was one of the women." I also asked him if he could tell me the way in which the regiment formed up on the day they left Dublin for Canterbury. Witness said, Tell me the way the service men we"e formed and where the iftvaUded men were formed." He could not tell. Then witness asked him if he recollected anything that occurred with Colonel J one. during the In. spection of the men. His reply was "There's no such person as Colonel Jones in the regiment." (Colonel Jones was ftnt the Major and then Colonel, and was the other day examined as a witness.) Witness said that was nonsense, as he had his discharge signed by that officer. The de'endant then said, Oh, yes, there was a Cornel Jones." Witness then asked if he could tell the livery his servant wore In the regiment, and he could not tell Witness asked him if he could tell the way the troops turned out of the barracks to go to the drill-field at Cahir, and that was the only thing he answered correctly. The defendant asked him if he could recognize him by his features as Mr. Tichborne and witness said he thought he looked a little like him about the eyes. He said, "You recognize me, then, by my eyes?" Witness said, No, but by this light your eyes resemble his." In point of fact, the witness said, Mr Tichbome's own servant marked his things with paint, but it appeared that the man servant was mar- ried. Then, &8 to the forming of the troops, the men for ser. vice were first drawn up in Mne for Canterbury, and the invalided men were drawn up separately. Colonel Jones inspected them, and then turned round to the men who were leaving, and said "Good-bye, men God bless you! I'<r losing some of my best men," and h. took oat his pockethandkerchief and seemed overpowered. At that time the witness stated the regiment was leaving for India, and there was a medical Inspection, and the men unfit for service were Invalided. As to the "livery" of the servant, he wore none—that is he wore no family livery, but a plain suit of black. In the coarse of the conversation the defendant said he had had an interview with General Custance, who had denounced him as an impostor, and afterwards sent to him and recalled his words, and < nered to lend him any money to prosecute his claim. (General Custance was a witness for the defendant on the former trial.) During the conversation witness Invited him to his house, in order to see him by daylight, and he said he would com-, and witness had waited all day for him in vain, and on sending to the inn found that he had left early in the morning Asked if he had formed an opinion whether the defendant is Roger Tichbome, the witness said.—My opinion is that he is no more Roger Tichbome than I am. Mr. Tichborne was so thin that if he had been fed from that time to this, with a view to getting fat, he could not possibly have become so fat as the defendant h. Then, again, Mr. Tichbome's hair was dark and quite straight; the defendant's, when I slaw him, was not so dark as it is now. and it curled or turned up at the end and the sides. The Foreman It was not so dark as it is now ?—No. The Lord Ctiief Justice Are you sure of that ?—I am. Mr. Kenealy (in cross-exam'nation): Are yon prepared to swear that hi. hair is not of the same colour aa it waa then?-I am prepared to swear to the b-st of my know- ledge and tteUef and I am prepared to swear that It was curled. Did you at first suppose him to be Sir Roger?—No, I did not. When you mentioned Colonel Jonas he said there was no such person ?—Yes, he did. And when I said I had my dis- charge signed by the Colonel, he said, Oh! by the by, I do remember him. Did he not ssy he had written to the Colonel complaining or his calling him an Impostor ?-No, I do not recollect that. (The letter of the defendant to Colonel Jones was In May, and this interview was in June.) The witness, being pressed on this point, would not swear positively. You said his eyes resembled Roger's ?—Something about them reminded me of hh. Was there not something about the forehead also ?—No. Have you any recollection of seeing Roger with his head uncovered ?—No. You were annoyed he did not keep his engagement with you?—Well, I thought It very strange, especially as he said he came down to see me. Did you communicate with the family?—Yes: Lord ArundeL Did you know him before ?—No and don't known him now. But, being an inspector of police, I mentioned it to him on the bench, and heard from him afterwards, and gan my evidence to Mr. Bowkar. I was applied to by the other side, and said I thought he did not behave like a gentleman, in going away like that, and that I should give evidence ajtaimt him. Re-examined, the witness said he had often seen Mr. Tichbome In his forage cap, which shows the forehead and hair. The Lord Chief Justice It is usual when a new officer joins the regiment to have his things marked 1—Yes. Mr. Justice Lush You say the defendant shook hands ™7ou and invited you to drink ?—Yes. Did Roger Tichborne ever do so ?—Never, nor any JMtlee Not after a loner absence 1—No. I nised me at oncT' "°me y6a" at Exeter He reco8" Me»or You saw the officers of the regiment who have given evidence of this trial ?—Tes 5 ^Dld you recognize them, and did they recognise you?- Mr. Justice Lush Did they all know you ?—Yes (The .witness, it will be observed, had left the reslment In 1852—a year before Roger Tichborne left England.) The next witness was Charles Bacon, a remarkably fine stout man, a sergeant in the regiment, who had Joined in 1850 and had been in It ever since. He remembered Roger Tichborne, and knew him until he left. Hav? you seen the defendant ?—I have I saw him at the last trial while he was being cross-examined, and I have seen him since, as well as to day. Is he the Roger Tichborne yen knew?—Decidedly not. Wh) not?—His appearance—voiee—everything. Had he any particular accent?—French accent. He spoke broken English. Mr. Kenealy: When you say his "appearance," do you mean his weighing 26 stone?—Nothing except that—except his voice. Now, as to his voice. Have you ever conversed with Mr. Tichborne ?—No, but I have often heard him speak. Was he in-kneed ?-He was weak 18 the knees. Did you notice that he had small hands and feet r- Yes, he had. Did you notice a habit of moving his eyebrows up and down ?—Yes, in conversation. In re-examination he said he had often heard Mr. Tich- borne speik, having been dally at drill with him. Are you still of opinion that the defendant La not Roger Ti ihborne ?—Decidedly not The Lord Chief Juetice.—Why do you say so ?—His appear- ance. That is, you say, his stoutness ?—Yes. But a man may become stout ?—But Roger Tlchborne was not a man ever to grow to such a s'za. He was then set," and ha1. no tendency to grow stout; he was not.a man ever to become even 14 stone in weight. Well, as to the size of his handt; do you mean small even in proportion to his general size?—Yes they were very smalL Mr. Justice Mellor He was not a man who would, in your judgment, develope into a stout man?—No. Now, you, I observe, are a stout man your3elf. Will you allow me to ask you what weight you were twenty years ago?—About ten stone, but all my family were always incliaed to b9 stout, ana I was always stouter than Mr. Tlchberne. What was his voice ?—It wai clear and soft. A Juror: Do you see In the defendant a11Y resemblance to Mr. Tichborne?—Not the slightest Anything to remind you of him ?-Not the least. Is it a common thing for soldiers to forget their officers ?— Not at all; I well remember the name and appearance of all the officers I hive had. The nex:; witness was John Hinraba", who entered the regiment in 1:45, and was in Roi;er Tichbome's troop He often saw him, and heard him speak, and had a pood re, c"l1ection of him. He had seen the.,defendant, and was cer- tain that he was not Roger Tkhborne. Being asked why, he said His nose in a great EeaMi^j," which the witness tried to describ?, but W88 vary coutused about it. He said he was a very slight mail. Mr. Kenealy, In cross-examination, elicited that Tlchborne had long hands and feet, and was weak in his walk, but not In-kneed." The next witness, John Irwin, sergeant-saddler in the 6th Carabineers, said I was born in the regiment, and am with itnow. Irememhor Mr. Tichborne joining aud leaving the regiment. I have seen the detendam fonr times. He is not the Mr. Roger Tlchborne I knew In the regiment. He is not in the least like him. Cross-examined: There is no llkenesa about the eyes or hatr. Roger had a very shuffling walk. He was a very awkward man. By the Lord Chief Justice: I had many opportunities of seeing Roger's thumb. It had not the peculiarity of the defendant's thumb. By Mr. Justice Mellor: He remained much about the same size whilst he was in the regiment. By a Juryman It never occurred to me that he was in- kneed. The next witness was William Harry Peachy, troop ser- geant-major of the Carabineers I joined the regiment In December, 1861, and have been in it ever since. I have frequently seen the defendant. In my judgment he is not Roger Charles tichborne. The photograph of the real Roger produced by the prose- cution was shown to the witnsss, and he Identified it. The next witness was Mr. Charles Granville Burke, one of the Masters of the Court of Common Fleas in Ireland, second son of Sir John Burke, who had a sister married to the late Lord Clanricarde, and another sister (Ann) who married Sir Henry Tichborne. He was living to Dublin in 1849, and knew Roger Tichborne familiarly. Indeed, he was asked to call upon him immediately upon bis arrival, and was the means of introducing him to Lady Burke, Lady Clanricarde, and the other members of the family. The following were the passages In the defendant's cross- examination aa to this subject:— "Did you go much into society in Dublin?—No, not very much. Did you at all 1-1 used to go occasionally to a bail. Where?—Different places where the balls have been held I suppose you went to balls where the balls were held; what I want ta know Is where the balls were held?—There were one or two balls held at the Castle, and one or two private balls I went to. The balls were at the Castle, and the levies as well were there ?—There were balls at the Cast'e. To which you wenU-Yes. And private balls?—I did not fay private balls, I suppose so. Private hal's- where ? Give me the name of any private gentleman where you went to a ball In Dublin?—! do not remember the names now. Did you dine out in Dublin ?—Yes, a good many times. Where ?—I do not remember where. Cannot you give me the name of any gentleman?—No. Not one gentleman witl1 whom you formed an acqu.aintance 7- No. What I want to know is the name of any one In Ireland whom you went to visit or associated with I-A. lot of people. It is quite impossible to tax my memory. There was a Mr. Burke and a Mr. Reece. Who is Mr. Burke ?— Why, he is Mr. Burke I suppose. What was he ?—I am sure I do not know—a gentleman, I suppose. What hap- pened to you with Mr. Burke?—What happened? Yes, you say )ou knew him. Did you ride with him, or what?—Yes, I believe we went out riding together. Can you tell me anything more of Mr. Burke?—I do not know what more you want to know about him. Had you anything to do at any time in your life with a Lady Clanricarde ?—Yes, there was a Lady Clanricarde in Ireland. Did you know her?— I believe I did not well. though. Whese die you know her 1—I think at the Deases' I met her. Where did the Dasses live?—They lived in Dublin. You met Laiy Cian- rlcarde at the Deases', did you 1-1 think, to tthe beat of 19¥ rocoliection-yo8. Will you swear you spoke to Lady Clam- ricardein your life ?—Yt s, I will swear. Lady Clanricarde ?— Yes. At the Deases' ?—I will not say at the Deases', but I know I have spoken to her. Where?—In Ireland. Where will yen swear you ever spoke to Lady Clanricarde?—I cannot re- member where it was, but I am under the beiief that it was at the Deases'. Was she an old lady or a young lady?—She was not a very young lady. Was she a very ola lady ?—.No middle-aged. Who was Lady Clanricude do you recollect anything about her?—I do not know what her family con- nexions were. Did you know Lord Clanricarde or Sir Edward Clanricarde?—I do not know sir El ward Clanricarde. Did you know Lord Clanricarde ?—Well, I cannot say that I do. Did you 1-1 believe I did. Was he with Lady ClanrIcarde 1 —No. I do not think when I met Lady Clanricarde there was anyone with her—not of the same name." The witness said he invited Riger te his house, and he dined here and visited him, and witness frequently met him at Lady Clanricarde's and Howth Castle and other places. He met him at Lady Bnrke's, the Lord-Lieutenant's, and other phces. He knew lady Clanricarde was very kind to him, b-ing extremely attached to her sister and very anxious to show him every possible attention. Witness deacrifed him as a polite, well bred gentleman in appearance and manner a Frenchman. He met Roger, he Baiti, senral tiwel-at least half a dozen times—at Lady Clanricarde's, and in all probability much oftener. He knew the tamUyaf the Deases, who did not live In Dublin and only came there occ asionally. (The defendant had xpoken of thun as living there) The witness remembered Roger perfectly well he was about 6ft. 8in., and slight and slim In form; so as to wtiih under 10 stonr. He was badly made be was sallow in complexion, and had straight, thin, dark-brown ha:r. His eye a seemed a blulm grey and bit nose straight; but of these features the wituess was not Sq certain as of hi8 general appearance. His v Ice was s..ft, hh manners polite, his accent that of a Frenchman. He was fond of society and of danclsg, and had, in fact, the tastes of a young French gentlenan, and he danced at witness's house On one occasion, when he called casually and was asked to stay to a little family dance, witness lent him coat and gloves, and his gloves fitted him exactly. There was no peculiarity at all about either of his thumbs. Asked a* to whether it would be correct to describe the Castle of Dublin as in St. Jimes's District," as the defendant had done, he said there was no such district. The Castle was a long way from the river on a hill, and no one could, without entire loss of memory or knowledge, describe it as "on the river" (as the defendant had done). It would be Impossible for any one who knew the place, unless he had totally lost memory, to describe the Castle as with a terrace and steps leading down to the river (alluding to the defendant's cross- examination). The Castle was a quarter of a mile from the river; It was surrounded by intervening houses, and had no connexion of any kind with the river. The witness went on to atate tbat the defendant Dever made any communica- tion to him, and it was not until 1871 he saw the defendant. He saw him then several timea; onee would have contented him, but he did, In fact, see him several times. He un- hesitatingly formed the opinion that he was not the man, and that his story was not even well got up. A photograph of the Claimant had been shown to him, as if it was that of Roger Tichborne, but, after looking at it very attentively, he said there was not a trace of resemblance He was atter- wards shown another photograph of the defendant. You have already expressed your opinion as to the defen- dant 1-There is no resemblance whatever. Cress-examined by Mr. Kenealy: There Is no St. James's district or parish in Dublin and though there is a James- street, It is half a mile from the Castle. Is not the Castle near the river 1—No doubt, It is within half a quarter of a mile. In what parish is the Castle ?—St. Werburgh's. Did you take any particular notice of Mr. Tichbome's hands or feet ?—No I never anal) ze my friends. Shown the "tnumb" photographs, he observed the pecu- liarity which answers to the defendant's but said he had never seen it in Roger Tichbome. Do not ladles go to Levels in Dublin ?—No. Never?—Never during the thirty-five years I have known Dublin. Did yon know Sir Edward Clanricarde 1-No, there is no such person, nor has there been since 1611. (This alluded to a passage in the cross-examination of the defendant above-mentioned, Did you know Lard Clanricarde or Sir El ward Clanricarde ?) In re-examination, Mr. Burke said he was quite certain he haa met Roger Tichborne repeatedly at Lady Clanricarde's and at Howth Castle The Lord Chief Justice.—Had you opportunities of ob- serving his capacity for joining In conversation ?—Certainly, he was fully equal to the average of young men. Did you observe any peculiar motion of the eyes or eye- brows ?—Never. Not when animated ?—No, nothing of that kind. His manner was that of a Frenchman, and he gesticulated a great deal. Mr. Justice Mellor Was there anything In the voice of the defendant which remmded you of Roger Tichborne 1-00 the contrary, it was the exact opposite of Roger Tichborne. It was thoroughly English as opposed to thoroughly French. And the accent?—It was just the opposite of Tichborne's. It was thoroughly English. Captain John V. Hail, R.N., residing in Hampstead-ioad, said In 18611 went to Sidney to take charge of a shipping company for couveying tbe mails to Panama. I left Sydney in the Ricaio as passenger defendant was also a passenger. I did not go further than Panama. I àld not aee see muck of hIm on board. I had ahort conversations wMoh him on gyeral subjects. It struck mc that the defendant showed great ignorance in reading the complimentary speech to the captain. Mr. Richard Redman, clerk te Mr. Smith, wharfinger Thames-street: In July, 1857, I left Liverpool in the Donald M Kay for Melbourne, and reached there in October of that year. I went Into the interior of the country. About the end of 1858 I was at a sheep-shearing station ca led "No- where Else," about 70 or 80 miles to the north of G'enorchy. It was the first station that commenced sheep-shearing that season. I engaged myself for sheep washing. The hut- keeper had to look after it, an 1 cook for thi men. The men eat, fleep, and live in the hut. The hut-keeper was called Arthur. Have you seen him recently ?—There he sits (pointing to the defendant). Witness He wanted to drop the name of Arthur and to be called Doctor. He had another name, T think Orton or Horton, but I could not swear to it. He said he knew Wap. plrg and the London Docks far better than I did. He spoke of his father being a butcher there, and supplying shipping with meat. His brother George, he said, was the captain of an Easfc Indiaman. There was no French or loroign accent about his voice he was a regular cockney (laughter) He spoke of Melllpilla and Valparaiso, and Broomes the fighting men, and Morgan, the bushranger. They were generally the subject of his conversation. I worked further south, taking all sorts of bush work. The Lord Chief Justice Except bush-ranging, I hope. Witness Yes. In 1861 I got to Melbourne, and came home and got employment with the Victoria Dock Company, and then with my present employers. The nature of my evidence was not known to the prosecution until May last, when I voluntarily wrote to you. When I saw the defendant in court I immediately recognised him. Cross-examined I was induced to come forward from seeing in the papers that the Lord Chief Justice had ex- pressed an opinion that the evidence of his identity up to a given point after he was a boy was weak. Cross-examined Did you think there would be a failure of justice if you did not come forward ?—Not at all. I believe justice will be done. (Laughter.) I thought I might as well come forward and state what I knew. I only remember the name of the defendant and another man I worked with. By a Juryman Defendant was about 13 or 14 stone at this time. My impression was that he was acquainted with the names of the bushrangers and those adventurers. By the Lord Chief Justice All the men slept in the hut on rough-bark beds, with sheep skins over them. We covered ourselves with blankets. It is a rough life in the bush. By Mr. Justice Mellor: Our food at the run was mutton and bread and at the stations beef and bread—no vege- tables. Robert Haywood, carman, living in Lower Pelham-street: I worked with Mr Tnomas Halstead, Lower East Smlthfteld. I knew Arthur when he wnstan or eleven years of age. He was called slobbering Orton." I remember his first going to sea. I never saw him a.; ain until about five weeks ago. I firmly believe the defendant to be the boy we used bo call "slobuering Orton. Cross-examined: I recognise the features when a boy. The Court then again adjourned. On Monday morning, the trial was resumed, when the Court opened &t a quarter to eleven instead of half- past ten. The Lord Chief Justice, on taking his seat, said that there had been a meeting of the judges, which bad prevented their lordships being in court at the time fixed. Major John Foster, examined by Mr. Serjeant Parry: I am not now in the army. I was formerly In the Cara- bineers. I joined them in 1847 and left in 1859. I remeoiber Roger Tichoorne joining the reriment. That was in October, 1849 When he first joined the regiment I saw him daily for pix: or seven months. Then the regiment was dispersed, and l was at Limerick and he was at Cahir. Then I was subsequently absent on sick leave until three months prior to Roger Ttchhorne leaving. While the regI- ment was dispersed I did not see him. I was lieutenant when he joined, and a captain when he left. I knew him thoroughly so as to be able to recognise hiin If he were alive. I believe 1 was the first person who saw him when he Joined. He was put under my charge, and the first thing I did was to take him down to the hairdresser to have his hair cut. 1 went with him also to Mr. Hunt, a cigar dealer, and ordered a supply Qf cigars. 1 was in the tame troop with him until Aplii, 1850. I remember that be had a difficulty in express- iug himself. He used French idioms, which he translated into English. I remember a nhrase he used to a young lady iu a btll room, namely, "You profit by the fl'ie time to make a promenade." lie used to say, "What fQr you «io this?" aud s;,e*k other sentences similarly. I re- member be visited Lsviy Clanricarde. I believe it was the first time he ""fnt to din?. He a6ked me what dress 11., should wear, at d I hu abn^sed him. I ?>ud prohanly thf* Duke of Cambridge and other big men wUl be them, and you had better go in full uniform. Ho did 30, helmet and all. Afterward? became to me at the theatre cip-a-pie, and said, "Ab, what for you tell me to go In my full dress. There was no one there but my old aunt ?" (laughter ) The Lord Chief Juatice quoted from one of R)ger Tich- bome's letters referring to a dinner at Lady Clanricarde's, "The party was rather small." Examination resumed I recollect at Cahir that there was around rohin signed by aU the subalterns and addressed to Colonel Hay, requesting him to put Tichborne on orderly duty. Colonel Hay replied, Well, if he cm march the guard off to-morrow morning I will do so." The next morn- ing the guard were assembled, and Colonel Hay said to him -"No.w Tichborne, open the ranks and march the guard off" Tichborne said, "Open de ranks, march (laughter.) Colonel Hay thereupon turned to the subalterns, and said, "YQU 8ee gentlemen, can you expect me to put him ou duty?" He studied his hardest to perfect himself in his drill We were so struck by his apparent want of education and intellect that we thought his education had been designedly neglected. I nemember talking to him about his military examination. I said, It must have been a per- fect farce. It was perfectly absurd to pass you He said, "No, it was very difficult; they did ask me many difficult questions." I said, Tell me one question they asked you." He taid, They asked me who Charles the Fifth was, and the principal battles which were fought during his reigo, and I told them." He told me a great deal more than I knew, and I appreciated it accordingly. The Lord Chief Justice Then he was not a mere Igno- ramus? Witmss: Certainly not, my lord. Examination resumed I remember that I assisted at the inspection of the clothes. We found a box of snuff and a tea-pot among them, and he emptied the snuff-box into the tea-pot. (Laughter.) I know that he was very fond of his snuff. I don't remember his box of snuff biing taken away from him at any time. He could sing French songs, and once a week, after mess, he used to sing French songs in a mild little voice. The Lord Chief Justice: Did he sing ia tune? Witness: Oh, yes. His ordinary voice was a mild, little voice. He was a slight, slim man. He had no hips. I recollect that the master tailor bad to amx hooks to his coat in order to keep his sword-belt up. A great many practical jokes were played upon him—almost nightly. Thev were played among us all. One IiÍght we were push- ing the women into bis room, aid he did not like it. I said to him, "On religious and conscientious grounds do you object ?" He said he did I then aaid, "I beg your pardon, then; I will ueyer do it again." He wore charms On that very evening I saw a quantity of them. I do not know whether there was a cross there. I remember his hunting. In his manners and habits he was a perfect gentleman in every way. I never Jaw anything to induce me to believe he was fond of low sOC1ety-quite the contrary. He hil.d B nickname, "M. Teech." I first heard of the defendant being in England through Mr. Casey, a Roman Catholic priest, who was living within four miles of me, and I wrote to him abont It. I waa sincerely desirous of recoc- nistng Roger Tichborne again, if this were the man. In order to get an interview with him, I wrote a letter oa Oct. 6,1-67. proposing a meeting at Teuton's Hotel. In reply, I received a letter from the defendant, and in consequence of that I received a visit from him at Lewisham. When he was announced, I said, "Let him come In," and the <1aimant was shown in. He came Into the room wlshout putting the door to. I said, You are not Tichborne." He said, There is no harm in calling, I hope." I said, "No." He turaed round, and was out a shot. M'Cann, who was ia the service ot the defendant, came to me a week before, and I recogniied him at once, though I had not seen him for twelve years. My friends say I have an extra- ordinsry memory for faces. I spoke to M'Cann, and told him to go and get his tea. He said it was very hard the way that the Claimant was treated, and that he was sur- rounded by detectives and others. I also saw the defendant on the late trial. I heard him examined. The voice was as unlrke that of Roger Tichborne ss anything I evar heard. TfHl see the defendant now. Is he Reger Tichbome ?—I should say most certairly not. [ The witness was then cross-examined by Dr. Kenealy, and re-examined by Mr. Serjeant Parry.] Hie Lord Chief Justice: When practical jokes, if I may so call them, ware played upon Tiehborne by the introduc- tion 01 persons of a certain class Into his rooms, haa they reference to any personal peculiarity at all ? Witness Not in the least. By Mr Justice Lush.—I saw Tiehborne the day before he left regiment, and at that time he had the øame 8treng French accent as when he joined the regiment, and used French idioms in the same way. By Mr. Justice Mellor.—When I said that Roger Tiehborne had a mild little voice, I meant that it was a' thin voice in contradistinction to the defendant's voice which I call a gruff thick voice By the Jury: Tichbome was not a good walker. He did not walk like a dragoon. I never saw his arms bare. He never played cricket or racquat. By the Bench The photographs were shown to me by Mr. Bowker, Roger Tichborne was thin in his face. I never noticed anything very peculiar in his walk. Mr. Edward M'Evoy, examined by Mr. Hawkins, said I reside at Tobertynan, In the county Meath. I am member for tlut county. I was in the Carabineers when Roger Tlchhorne j,)loe<1. He and I were the only Catholic otticerB iu the regiment. I knew him well. He was not in my troop. 1 saw a good deal of him while we were together In the regiment for eix months. I have a dis inct recolUc-ion of hla persoual appearance and his voice. I kuew him more in the Portobello Barracks than in Society. I observed more Qt him, Inasmuch as we were the only Catholic officers in the regiment. I remember his hatr and his complexion. He spoke ilka a Frenchman, and us-d many French words m speaking English. As to his tastes and habits, he was a very quiet, well-meaning lad, who had not seen much of the world before joining the regtment. I think he felt himself rather out of place in a barrack. I never saw him but once afterwards. That was In the beginning ot 1851, in Dublin. There is no town called Meath. There is only the county. 1 never remember Roger Tichborne going to the county of Meath with me. He never met any ladies named French with me I was lieutenant when I left the regiment. I was called Mac" shortly by those who knew me, Roger Tichborne was a simple minded, good iad. I think he was a person whom people would have been glad to welcome baek —I should, certainly. In 1867 I saw rumours in a paper that he had returned to England In the beginning or middle ef Mareh I met Mr. Holmes. I met Major Scillman, casually, in Trafalgar-square. He asked me if I had not heard that Tichborne had come back. I afterwards saw Mr. Holmes in consequence. Major Stillman having promised to introduce me to him. I met Mr. Holmes a few days afterwards with Major Stulman, and he took the oppor- tunity of introducing him. We had a conversation on the subject. I said I should be only too glad to do anything I could for Tichbome, if he had returned. Mr. Holmes said he would mention the matter to the gentleman he called Sir Roger Tichborne, and that he would call on me at the Army and Navy Club. He did not call there, and left a card for me. I was not there at the time. Afterwards I saw Mr. Holmes again, and In consequence of that second conversa- tion I got an Invitation to go down to Croyden. Mr. Holmes said he was a good deal altered, and he hoped that I should not come to any sudden conclusion.^ i said, I will examine him carefully, and give my opinion." I went to Essex Lodge and had an interview with the defendant, and after a long conversation with him I arrived at the conclusion he was not Roger Tichbome. By Mr. Justice Lush I left the defendant without giving him any intimation what opinion I had formed. I left with the strong opinion I have expressed to-day—that he is not Tichborne. Alexander Cummlngs I am stableman In the employ of Messrs. Fawcett, tea dealers, Dublin. I joined the Carabi- neers in 1846, and left In 1811. I knew Roger Charles Tich- borne. The defendant is not Roger Tichborne. By a Juryman Roger Tichborne did not set Captain Polhill-Turner right or wrong. I am quite certain he did not give the word of commanu. Did you ever hear a junior officer give the word of com- mand ?-No, and he would not be thanked for It if he did. (Laughter). Mr. Thomas Samuel Richardson: I am a veterinary sur- geon of Clonmel. I remember the Carabineers being there in 1851. I knew some of the officers. I knew Mr. Roger Tichbome from attending to his horses. I saw the defendant In 1871. He is not the Roger Tichborne I knew. Cross-examined He was a thin, sallow-complexloned man, with dark brown hair. Lord St. Lawrence was the next witness. He is son of Lord Howth, at whose castle Rpger Tichbome used to visit. Howth Castle is nine miles fpom Dublin by the road, and six miles across the bay. Its situation is remarkable, seated on a promontory forming one side of Dublin Bay. (The de- fendant had said it was two miles from Dublin, and could give no other description of it.) Roger was a very distant connexion of his family, and he saw him white his regiment was in Dublin. In April, 1869, he was in London, in St. JamesVplace, and remembered a card being sent up with the name of iir R. Tichborne. Understanding it was the claimant, be desired that he should be shown up. On his entering he affected a cordial greeting, by oomlng up smiling and hold- ing out his band. I bowed to him, said Lord St. Lawrence, and preceeded to put to him a series of rapid questions. I aiked him how far Howth Castle was from Dublin. He an- swered evasively, as he did all through, and I do not re- member his answer. I asked him as to the distance, and his reply was of that evasive nature which conveys no in- formation. His answer might or might not be correct, it was so evasive. My questions were confined to distance and location, and I asked hnn especially if he remembered walking from Dublin to Howth? His reply was evasive, and I don't remember what it was. There was nothing in hb manner or appearance which reminded me of Roger Tichbome. Mr. Kenealy in cross-examination He was more than five minutes with me not much more. Had you made up your mind against him 1-1 was preju- diced against him. Had jou spoken of him as an Imposter ?—Naturally. Your relations had spoken to you about him ?—Yes. Tney had spoken of him as an imposter ?—They had. Naturally, therefore, you were prejudiced against him ?- I was. But I saw at once that he was not the same figure as Ro.'er Tlchborne. Witness went on to say he had not had a good character of the claimant, and had some one present to observe what passed at the interview in case he should afterwards misre- present it. Did you ask him any other questions than about Howth Castle ?—Well, I had nothing else to ask him ab ut. What did you ask him as to distance ?—I asked him whether the Cassia was not two miles from Dnblln. DUl you not think that rather dishonourable to suggest that it was two miles when you knew it to be nine ?—Well, I did not think it was dishonouraDie, or I should net have done What did he answer?—I tell you it was evasive; but I cannot recollect exactly. He did not contradict me as to dis- What did you ask him?—I ^hether he remem- bered walking from Howth to i/iiDiin with me, not above two miles. Oh, then, you not only suggested to him a false distance, but a false fact?—You may call it so, but I do not. I knew well that if he was the man he pretended to be he would know the real distance. Did Roger ever walk that walk with you ?—Never. It was a'together untrue, then .—It was. Was it the trap? "—Yes Was it not the suggestio falsi. the suggestion of a false- hood ?—No, it was not. Tne Lord Chief Justice: You may call It a trap," but I see nothing wrong in it at all ,?ve a suspicion that a man is guilty "f fraud and falsehood, there is no haam in putting a question which tends to show it. Mr. Kenealy: Oh, my lord, I think that it is wrong in any case to suggest a lie. The Lord Chief Justice: It i» not a lie, and that is a ) very offensive and unwarrantable imputation to make upon the witness. Mr. Kenealy: What did the defendant answer to your question ?—He answered to the effect that he had walked with me that distance. Did he answer more than one question ?—Yes. What where they ?—I can't recollect. I put them down but my deek was stolen. When he had been with you a few minutes, did you rise, wave your hand, and say, I dont know you?"—Yes. As If to dismiss him f—Yes. Did you have a conversation with one Preston with refer- enoe to the defendant and say, By 0-, he's the man." Lord St. Lawrence (with surprise).—No You deny that ?—Most certainly. In re-examinatlon Lord St Lawrf-nceattd he lrd b:-en anxious not to fe$the claimant, and had ouly seen him at the request of Mr. Ouslow. He had never takan any part against him at all, and took no interest in the calle. The questions he put to him were only to test him, and if he had been the man he professed to be he would have known the truth. The Lord Chief Justice ? Did you see much of Roger ?—No I was a good deal away from Howth when he was there. The defendant said in his evidence you and Roger were very good friends.—So we were, but not intimate. He said he went to Howth to see you ?—He may have done so, but I was not there. Mr. Onslow asked you to see the defendant 1—Yes. Then, it is not true, as the defendant stated, that you asked him to ask the defendant to come and see you?—No, it is not. The next witness was a Mr. Hallam, who had been present at the interview between Lord St. Lawrence and the de. fendant, which he described. The next witness was one of the old inhabitants of Tich- borne. He was an aft fid labourer named Etheridga, who had lived there, he said, 74 years. He remembered Roger Tich- borne. he said, well, and If he should see him again he should know him. He often used to see Roper, whose dog once chased a favourite cat of his, and witness hit the dog with bis fl til and stopped St. and Roger complained to Mm of his stiikmg h's dog. ('ho defendant's version of this was that he hud killed the cat wl'h li> = whi;>, and th^t the nun after him with his flail.) I should kno^v him again," said the witness, JfI W8stoFoe him; bnt. [have never seen Mm since h., WII8 then at l'Idlborn¡>. I have never seen him since." A few years ago on the road from Tichborne to Alresford, I met a big, stout man, who a*ked me the way to Tichbome, ano. I pointed to the church. He asked me who was the clerk there, and I told bim. He asked me my name, and I told him. He gave me some money to drink, and on my return I met him again, and he Rpoke to me and ) he said, There's a good deal of talk about Sir Roger Tich- borne coming back." "Uh,' says I, ht;11 never come back." He said, "You don't think I am he, then!" "No," says I, I'm —— if you are." (This the defendant had denied in his cross-examination.) Now, look at the defendant, do you see"hlm 7-0h, yel. Is he Roger Tichborne ?—Oh, no. George Page I am a horse breaker, living in Hampshire. I was a groom to Colonel Greenwood. I knew Roger Tich- bome. The defendant is no more Roger Tichborne than I am. j Cross-examined I don't know how old Roger was when I knew him. I never looked into his mouth. (Laughter.) The Court then again adjourned.




[No title]

UJisrcHamras Intelligence.


-.--h ffcWton Csrrespnlitnl.