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THE TICBBOltNU TlilAL. !

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THE TICBBOltNU TlilAL. THE SIXTY NIMTH DVY, Tbeirial wa dllI)ed )'strdy moroi ig forsoim little t,e owing to the uapunct>uluy of # 3* e,)!. Dr. Knfal, Rai I the eitraordmary bulk .1 the deieuaaut seemed to weiah nitn aomi of tao wit- D«B £ e> who bad denied be was Sir Koner fichbJruft, but be thould show that althc)ugli be w, a ino of tematkablo olxiity, his loonfa were very antll. It Wile clear that the dtifecdaot's hetd had been iujure at different times. First, there was the ao jidoat which happened to Ktgcr at the aanide in iraocc. The defendant Baut he had been bithing iu a lake, and it had been shown Roger bathed ia tbe tea, but this was a trifle, aud ought not to be coreidtred in a serious case like this. The accident mast have been very serious, as after the blow on the head he was not conscious for several days. Nixt he had a bad and (Ungerous fail from the banisters in a bouse in Paris, which nearly killed him. Then there were tbe illnesses while hi was in the army, and the illness after the shipwreck. Vr. Kenealy Paid he should call one of the sailors of the Osprey, which picked up Kotrer Timborne, and landed him and toe rescued creiv of the Bella in Melbourne exactly as the defendant said. The Chief Justice: Perhaps you will teU us what Oeprev it was ? Dr. Kenealy She was an American Osprey. The Chief Justice From what port P Dr. Kenealy: New York or Bedford, I think. Dr. Kenealy said, when he proved this, ho thought the jury would begin to ask whatever had they been listening to. (Laughter ) lIe should also cill a witness who will prove the kind of .life Rjfer was leading at ltio previous to going on board the Bella, I Be arputd that, what with these accidents and his n ode of life, his heavy drinking of liquor, and lore of stroiDR tobaoco, the defendant at the last trial was labouring under an atIection of tbo brain. Tic Chief Justice beard this with some snrpriie, because he h%d been struck, on reading the defou- i ::?eaecrho8h::a::tto:t:ntl:ann:i:; be dieplaj td Hu beat Sir John Coleridge Of or and over again. Dr. Kenealy; Sir John ColeriJge said so, I know. The Chief Justice: And bo did it, too, Besides, tbe defendant nas examined ptveral times by a ii. cal men during his examination, but this was never suggested. On the discussion being prolonged, Dr. Kenealy said be sbonid, it he had money enough, call high ncdical authority to sptak to the defendant's condi- tion of mind. Then, 805 to the defendant not )no. ii fc Greek from Latin, it was no worse than .Sir Walter Scott, who forgot the Greek alphabjt. The Chief Justice wondered if Sir Walter Scott, EnviDg learned Greek, would not know it when he saw it. Dr. Kenealy said the defendant was expected to icniiuibcr many trifling things, and booiuse he did 1 ot, be ,,1\8 put down 141 au impostor. Everything that could be done was done to distract his attention. Iu his exauinatiou tie defendant said he wanton tcard the Bella drunk, and Dr. Kenealy should prove that this was true, for he intended oilliug the man who took hilu on board, and kelp id to btow him away in tbe miserable little hole ill the "lD, The detendant said on the last trial that oaa of the laet letters be wrote to England bifore going on board was to Gosford. Now Gasford was hu enemy, and how on earth could be have known that unletB be was Roger Ticbborne r The Chief Justice pointed out that this was incon- sistent with the statement defendant made in writing to Lady Tichborne. Dr. Kenealy admitted that it was, and he could not nconcile it. No doubt in hi. euminKtioll the delendant was greatly puzzled by the questions put to him not beig in chronological order. It was so at tbe Law Institution, where be was dragged about from pillar to post, the questions jumping over long travels of time, and changiug about troin one subject to another. Dr. Kenealy road long exSracts from tbe evidence in proof of this. M r. Justice Mellor protested against reading the evidence at length, and waiting time. The Chief Justice said the reading of wranglos between the counsel was not to the purpose. A Juror said they bad not aat there for aevonty days without understanding the evidence, therefore it was hardly necosvary to read it over til tnem. Dr. Kenealy: Yon are a very valuable juror, sir, but I cannot abridge my case even to pbijs you. 'I be Juror: It is very painful to nit herd. Dr. Kenealy I lid not hear SUY oomphint while Mr. Hawkins was speaking. 1 be Juror: He only occupied live or six days. Dr. Kenealy I expect as long to conduct tho ds. fence, and he took sixty day.. A cry as if of alarm escaped from the juror at this hint, that lIr, Ktnealy's speech may last for about tbree months. Nr. Justioe Mellor: That was a very different thing. I hope Dr. Kenealy will give us oredit for rememriDg sometbillSf of what hae take pliM, I think many of these, quotations cannot advancs the case. Dr. Ke-neely I cannot out short the coarse I have marked out for wyelf, Tbe Juror If you can get ma some othir place than this sheep pen to sit ia, it will not be so painfnl. Dr. Kenealy proceeded reading, and comiag to a portion of the evidence at the trial where the de, fendant. was asked to show his bared arm. h, wanted to know why tbe tattoo marks bad not been r. ferred to then, because, as Dr. Kenealy argued, the Attorney General wa. not instructed. Mr. HawkinB said, on the contrary, Mr. Lip" 1 combe's evidence had been given about the tattoo marks. Dr. Kenealy protested against Mr. Hawkins giving evidence. Mr. Hawkins conld not allow a false statement like tht to go uncontradicted, Lr. Kenealy: Gentlemeu, yon must piv no atten- tu n to that moat disgraceful statement. The Chief Justice: Come, come, we cannot allow tbbt, Dr. Kenealy What right had ho to say mine is fal?e i Mr. Kiwkins: When it is said that tha Attor- lie, General then bad no instructions about too tutto niHiks on Koger, I say it is false. Dr. Kenealy Aud I say that's a most d^gra^e- ful statement for you to make. Need I ask bis lord- (hiptooompelyou to withdraw it ? 'i be Bench consulted, but made no response. Dr. Kenealy: I hare treated him with great ccuttecy. (Huch laughter,) Mr. Justice Lush: Ihe luoguage is to) strong on both sides. lbe Juror asked if they might see the d-it-in. dent's arm where it was alleged "A. 0," had been tattooed. The Chief Justice Weoannoteomp1 hilD. Tbedefendantcrossedtheouurtand bared his arm, and the jury looked at it. Dr. Kenealy returned to the dispute with Mr. Hawkins, and complained of his interruptions. Mr. Justice Mellor said he bad not heard an in. terruption that not been provoked by Dr, Kenealy. Dr. Kenealy said hislordnhip was quite mistaken. He then proceeded to a-gue that tao uttoo marka were an alter thought, and that had they boollknolVll to the family, 118 it was now represented, they would have come out long before the croaa-eumiuition of the defendant. Dr. Kenealy then turned to "the Pittingdreigh forgeries," letters purporting to be writteu by the defendant to the wife of the clerk to the solicitor Dobbiuson. Ha said the letters Wdr, now admitted to be forgeries, and the admission of them into the last trial was most disgraceful. fne forgers who resorted to those forgeries must hive known that their case was bad, and false from the beginning to the end. The Crown queried four of the letters, which were introduced into the last tritl by a person very nearly oonneotod with Mr. Dobbin- son, the solicitor for the family in the let trial. The Chief Justice said hu bid just loarned the queries had been put to the letters by Mr. Divies, the ilerk in the Common Pleas. Dr, Kenealy said only oue of the letters appeared to bo ginuine-one was doubted, and two wete ad. mitted forgeriea. Mr. Hawkins said there"conld°be''no doabt on tbe point that he had neverpat the letters in as part of his c- Mr. Justice Mellor: Oh no; you did Juot rely upon them; they were quickly read. Dr. Keuealy said as the persons who were guilty of those forgeries would top at nothing, he asked tbe jury to believe that he or she would not hjsit^ta to get up the tattoo story. It was clear that t'ltt.n- drtigb was in the employ of Dobbinson at the time bis wife concocted tbe letters, but she was the mere instrument in the hands of someone else; wiiethar it was ber hasband or someone else in Mr. DibV.a- son's service be oculd not tell. Pittindreigh was dead, but bis wife was alive, and she h t no*, b-iou called. As she had not been called he might assume, potsibly without the risk of being oalled a liar as he bad been called that day, that Mrs, Pittindreigh would not, if she had been called, reflect oredit on the prosecution on the Tichborne family. TLo Chief Jbstice said Dr. Kenealy tilkid of forgeries. After all there was only one letter that, bejond all doubt, WII8 forged. Dr. Kenealy then diaouised the defendant's evi. dctce ou the Isst trial, and was engaged in thiJ hek wben tbe court adjourned. Defendant's son and wife were in tie gallery duncg tbe day.

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