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 CHARGE 
 
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 S'oib Cbicf lusticc of Cnfflanb.
 
 CHARGE 
 
 OF THE 
 
 LORD CHIEF JUSTICE OF ENGLAND 
 
 IX THE CASE OF 
 
 The Queen against Tliomas CaHtvo^ 
 
 Otherwise Artlmv Orton, otherwise Sir lloijcr Tkhhorue. 
 
 Reprinted from tlie Official Copy taken from the Shorthand Writer's Notes. 
 
 (l^orvtrtcl) bn i\n Sorb Cbicf 3«u5ticc. 
 
 11 TWO YOLUMES. YoL I. 
 
 LONDON : 
 HENRY SWEET, 3, CHANCERY LANE, 
 
 liato |lublisbcv. 
 
 1874.
 
 LOXDON : 
 
 PRINTED BY C. R O W O R T H AND SONS, 
 
 NEWTON STREET, HIGH HOLBORN.
 
 
 CHAEGE 
 
 OF 
 
 Clje l^ortr Cljicf |wstia. 
 
 Gentleinien of the Juky, I congratulate you heartily on having rrdiminnry 
 arrived at the last stage of this protracted and, in many respects, 
 painful inquiry. I wish I could hold out to you any reasonable 
 prospect that the last stage was likely to be a short one ; but 
 Avhen I look at the extent of time over which this inquiry ranges, 
 the host of witnesses whose evidence we shall have to consider, 
 the midtitnde of documents and letters which we shall have more 
 or less to go through, and the complicated nature of the facts 
 involved in the inquiry, I am afraid I shall have to draw some^^'hat 
 largely on your time and patience, in order to place this case before 
 you in its various lights and bearings. But you have shown such 
 imAvearied attention, such inexhaustible patience, such a desire to get 
 at the bottom of the case, and thoroughly to understand it, that I am 
 sure you will bear wuth me Avhile I make those observations to you 
 upon it which may appear to me necessary to enable you to arrive at 
 a satisfactory and conclusive judgment. 
 
 Gentlemen, I said that this was in many respects a painfid case, 
 and assuredly it has been so, -and I say this not only with reference 
 to many of the issues involved in it, but also by reason of the coiu-se 
 which has been pursued in the conduct of the defence. It is most dis- 
 tressing to a judge presiding at a trial to find himself in frequent con- 
 flict with one of the counsel in the cause ; but such has unfortunately 
 been the case with us over and over again in the course of this 
 inquiry. It has a very painful effect, so far as the judge is concerned, 
 because he cannot help being conscious that to the bystander, who 
 only sees the case upon the sm-face, it may have the effect of creating 
 a suspicion of partiality and prejudice in the mind of the judge. 
 When point after point, cither of attack or defence, is taken, of a 
 fi'ivolous and untenable charactei-, the jntlge has, of course, no alter- 
 native but to overrule the points so taken ; and if similar instances 
 are multiplied, either through ignorance of the law, or, as would 
 
 B 2 
 
 1252890
 
 ( 4 ) 
 
 appear to liave been the case here, fi-om a desire to produce an effect on 
 the outside world, hy making it appear that the counsel and his cause 
 ai'e treated unfairly — while the judge has no alternative but to do his 
 duty — the perpetual recurrence of such instances is, of course, calcu- 
 lated to produce an unpleasant and unsatisfactory impression. This, 
 however, is but a minor part of the matter. Our position was ren- 
 dered painfid from this, that we had, again and again and over again, 
 to interfere Avith the defence of the learned counsel, in order to correct 
 misstatements and misrepresentations which Ave could not alloAv to 
 pass unnoticed. When witnesses are misrepresented, when their 
 statements are distorted, Avhen facts are perverted, when dates are set 
 at naught — and all this not for the purpose of argument in the cause, 
 but in order to lay the foundation for foul accusations and unjust 
 imputations against parties and Avitnesses — AAdien one unceasing 
 torrent of invective, of dirty, foul, slime is sent forth AvhercAvith to 
 blacken the characters of men Avhose reputations have hitherto been 
 beyond reproach, it is impossible for judges to remain silent. It is 
 not enough to say that the counsel should be alloAved to go on Avith 
 his address to the end, and that the judge should wait till it comes to 
 his turn to speak to set matters straight, seeing that — especially in 
 such a case as this, Avhen Aveeks or months might elapse before the 
 judge could liaA'C an opportunity of expressing his opinion upon 
 matters of this kind — in the meauAAdiile a temporary impression — 
 perhaps that is all that is hoped to be gained — may go forth, fatal to 
 the honour, to the character of persons thus assailed, and Avounds 
 may be inflicted Avhich may possibly never be healed. We therefore 
 felt it oin- duty to interpose and to check the torrent of unbridled and 
 indiscriminate abuse Avhicli the learned counsel for the defendant 
 thought proper to indulge in. And in what Avay Avere our remon- 
 strances met ? In ordinary cases, if in the heat of argument or the 
 fervour of oratory, or the zeal Avliich a counsel sometimes exhibits in 
 examining or cross-examining a Avitness, the strict boimds of pro- 
 priety are, as Avill occasionally be the case, overstepped (I am bound 
 to say for the honour of the Bar of England, it happens A^ery rarely 
 indeed), a Avord from the judge is sufficient to restrain overflowing 
 zeal Avithin its proper and legitimate limits. But hoAv were Ave met ? 
 By constant disrespect, by insult, by covert allusions to Scroggs and 
 Jeffi'eys, and judges of infamous repute — as though, by the Avay, if 
 the spirit of Scroggs and Jeffreys still animated the Bench in the 
 administration of justice, the learned counsel AA^ould not have been 
 pretty quickly laid by the heels and put to silence ! But in that Avay 
 Ave were met, and by suggestions that avc Avere interfering with the 
 liberty and the privilege of the Bar. Gentlemen, I will undertake 
 to say that no three judges ca er sat on this Bench or any other to 
 whom the liberty of the Bar Avas more dear or more sacred than it is
 
 ( 5 ) 
 
 to my learned colleagues and myself. We know Ml well that the 
 freedom of the Bar is essential to the administration of justice ; we 
 know that it would be a fatal day, indeed, for this country if the 
 freedom of the Bar were interfered with. It may be abused, as it 
 was here, but that is a rare exception, an exception which per- 
 haps only proves the rule. Interfere with the liberties of the Bar ! 
 What ! in checking the licence of unscrupulous abuse, in restraining 
 that which, instead of being fair and legitimate argument, amounts 
 to mis-statement and slander ! The Bar of England, as high-minded 
 and noble-spirited and generous a body of men as are to be found in 
 the Avorld, would never claim slander as one of their privileges, or 
 consider its restraint as an invasion of their riohts : — 
 
 o 
 
 " Slander, — 
 Whose edge is sharper than the sword ; whose tongue 
 Outvenoms all the worms of Nile ; whose breath 
 Rides on the posting winds, and doth belie 
 All corners of the world — kings, queens, and states, 
 Maids, matrons — nay, the secrets of the grave 
 This viperous Slander enters." 
 
 This the Bar of England will never claim as a weapon to be found in 
 their armoury, or to be used in the advocacy which they so nobly 
 carry on and exercise. And in this case, gentlemen, the living and 
 the dead have been equally aspersed. There never was in the history 
 of jurisprudence a case in which such an amount of imputation, 
 accusation, and invective was used before ; and I trust that such an 
 instance Avill never occur again. Though this prosecution is insti- 
 tuted by her Majesty's government, and carried on on the part of the 
 Crown, you have been asked to believe that every one connected with 
 it, from the highest to the lowest, — counsel, solicitors, clerks, detec- 
 tives, everybody, are engaged in one foul conspiracy, and have no hesi- 
 tation in resorting to the most abominable means to purchase testi- 
 mony and coiTupt witnesses. Bribery, you have been told, has been 
 unhesitatingly resorted to ; witnesses against whom I should have sup- 
 posed that nothing could l)e said except that they might be mistaken 
 in the evidence they gave, have been charged Avith having been bribed 
 and Avith haA'ing committed perjury. Imputations are cast out to the 
 right and to the left. One man is called a felon, against AA^hom there is 
 no more ground for charging felony than against any one of us. The 
 authorities of Stonyhurst are charged, upon no ground or foundation 
 Avhatsoever, not only Avith not teaching morality to their students, 
 but actually with designedly coiTupting their minds. They are said 
 to have adopted a system by Avhich youths are sought to be brought 
 up to be " men Avith the minds of Avomen," and a covert hint is throAvn 
 out of abominations half revealed at Avhich one recoils and shudders, 
 Avithout any more ground for it than if the imputation had been
 
 ( 6 ) 
 
 brought against the authorities of Eton or Westminster, or any of 
 our great public schools. The dead are assailed in the same way. 
 Sir James Tichborne is called " a degraded slave." Lady Doughty 
 is charged with base hypocrisy : it is alleged that, having discovered 
 that her nephew had attempted the honour of her OAvn daughter, or 
 even succeeded in the attempt, she shows him the door with bland 
 smiles and honeyed Avords. Captain Birkett, avIio Avent doAvn in the 
 " Bella" Avhen she foundered, is actually charged Avith having scuttled 
 the ship in AAdiich he unfortunately perished. I could not ha\'e con- 
 ceived it possible that such a series of foul and slanderous imputations 
 could have been brought forAvard in the course of this defence, and 
 I felt it, I must say, the more keenly, because the learned counsel in 
 the outset of his address thought proper to parade before you an 
 opinion AAdiich I myself had expressed on a particular occasion, in the 
 belief that I was speaking in the name of the Bar of England, and 
 which, I am happy to say, received their unanimous approA^al. I 
 then attempted to draw the distinction betAveen that AAliich is legiti- 
 mate in advocacy and that Avhich is forbidden ; and I illustrated the 
 difference betAveen the fas and the nefas of advocacy by the analogous 
 case of the sword of the warrior and the poisoned dagger of the 
 assassin. The learned counsel began by citing my language, and 
 then, applying it to his learned adversary, charged him Avith having 
 been guilty of the use of the dagger of the assassin in the conduct of 
 this case. A more unfounded charge, I am bomid to say, in justice 
 to the professional honour of Mr. llaAvkins, has never been made. 
 But that the learned counsel for the defendant should begin by citing 
 with approbation that expression of opinion of mine, and then should 
 proceed to exhibit all — nay, much more than all that I ever could 
 have conceived to be possible — of the ncfas of advocacy Avhich I 
 therein denounced, does, I confess, appear to me so surprising, that 
 it seems to me that he can only have paraded that honest sentiment 
 of mine for the purpose of mocking it, by shoAA'ing Iioav utterly and 
 entirely he disregarded it. Gentleman, it has been very painful 
 indeed for me to make these observations, but the case called for it. 
 Liberty of the Bar ! Till this time I should not have thought it 
 capable of abuse ; but we liaA^e unfortunately Avitnessed its abuse. Of 
 that abuse a fitting corrective is to be found in the censure of the 
 Bench, Avliich I know will meet, as it ought to meet, Avith the uni- 
 versal concun-ence of the Bar of Eno-land. 
 Issues in the Passing aAvay from this unpleasant and painful subject, let me 
 
 come to the matter of the inquiry which is before us ; and the first 
 thing to consider is, Avhat are the issues Avith Avhicli you Avill have to 
 deal, and which you Avill have to dispose of? The first and main 
 issue is the question of whether or not the defendant is Roger Tich- 
 borne. That is the first and the principal assignment of peijury on 
 
 cause.
 
 ( 7 ) 
 
 this iudictment. There are many subordmate assignments^ but in 
 the main they resolve themselves into this one. Whether he resided 
 at Paris from the time of his birth until 1845, whether Chatillo]i 
 was his tutor, and other similar allegations of perjury upon the facts 
 stated by him, although they appear on the face of this indictment, 
 it is unnecessary to dwell upon or particularize, because they all 
 range themselves under the one and principal head. If the defendant 
 has sworn falsely in saying that he is Koger Tichborne, it is quite 
 clear that he has sworn falsely in saying that he resided at Paris, 
 that he had ]\1. Chatillon for his tutor, and in all the various other 
 statements Avhich he has made in the course of his examination and 
 cross-examination. Then another principal allegation is, that he has 
 forsworn himself in saying that he is not Arthur Orton. Here, 
 again, gentlemen, if he is Arthur Orton, he is not Roger Tichborne, 
 and, therefore, this again is subordinate to the main question, the 
 principal and leading question in the case, namely, whether he is 
 Roger Tichborne. If he is Arthur Orton, of com'se he cannot be 
 Roger Tichborne ; but the converse of the proposition does not hold. 
 He may not be Arthur Orton, and yet he may not be Roger Tich- 
 borne. But whether he is Arthur Orton is, nevertheless, one of the 
 main issues in the case. Subordinate again to that question are 
 various minor incidental questions, such as, did he go to Wapping? 
 — Did he do this, did he do that, and did he do the other, as con- 
 nected with the career of Arthur Orton ? You will have, therefore, 
 to decide wdiether in swearing he is not Arthur Orton, he has sworn 
 falsely. If you come to the conclusion that he is Artlmr Orton, this 
 will of necessity dispose of the main question ; because if he is 
 Arthur Orton he is not Roger Tichborne. But amongst the minor 
 charges which are made against him is one which stands clear of the 
 question Avhether he is Roger Tichborne or not — I mean that assign- 
 ment of perjury which relates to his charge against Lady Radcliffe ; 
 because it is conceivable and possible that, being Roger Tichborne, 
 he may, neverthelesis, have sworn falsely Avith regard to Lady' 
 Radcliffe. For instance, suppose that, knowing himself to be Roger 
 Tichborne, but knowing that it Avas alleged that a certain scaled 
 packet had been left by him, the nature and contents of Avhich he 
 might possibly have forgotten, or as to which the circumstances under 
 which it was given had passed from his recollection, and that knowing 
 that Lady Radcliffe Avould be called as a Avitness against him and 
 intended to denounce him to the world as an impostor, and being 
 desirous of removing out of his way so great a difficulty, he had 
 resorted to falsehood and peijury to get rid of it, as also to neutralize 
 the effect of the testimony of so formidable a witness — that being 
 Roger Tichborne, and in such case knoAving that his cause was a 
 jugt one, but being conscious of its AA^eakness in this particular, he
 
 ( 8 ) 
 
 had had recourse to a foul and wicked falsehood for the purpose of 
 strengthening it — in that case, although he Avould not be guilty of 
 perjury, in having asserted himself to be Koger Tichborne, he would 
 be guilty of perjury in having preferred a false accusation against 
 the lady in question. Consequently, though you should find him to 
 be Roger Tichborne, there would still remain the question of Avhether 
 he has conmiitted perjury in respect of that which he has stated with 
 regard to Lady Radcliffe. But the main and great issue is, is he 
 Roger Tichborne? 
 
 Now, complaints have been made by his learned counsel on his 
 behalf that so large an area of inquiry should have been included in 
 this indictment. Gentlemen, it was impossible to avoid it. It 
 would have been idle and ridiculous to bring this defendant before 
 you on a charge of peijury without embarking on the great and 
 fundamental inquiry, is he Roger Tichborne or is he not ? Observe 
 that, with regard to the nature and degree of the offence — the question 
 of aggravated- guilt, or of mitigated guilt — everything depends on 
 whether he is Roger Tichborne or not, and whether he has or has 
 not put forward a false and unfounded claim for an iniquitous and 
 detestable purpose. The difference, morally speaking, is obvious at 
 the first glance. If, not being Roger Tichborne, he has, with a view 
 to deprive another person of his birthright and inheritance, pre- 
 ferred a false and iniquitous claim, it is difficult to conceive a more 
 abominable fraud ; and if that fraud has been attempted to be carried 
 into effect by peijmy, it is scarcely possible to conceive perjiu-y more 
 wicked or more deser\dng of the heaviest punishment the law can 
 inflict. Very different would it be — though, of course, under any 
 form and any circumstances perjury is a wicked and heinous offence 
 — if a man, knowing his cause to be a just one, and the claim he is 
 putting forward a righteous one, but conscious that there are weak 
 points in his case, should seek to make these good by false evidence. 
 Suppose a man, knowing himself to be guilty, suborns a witness to 
 prove that he was not present at the time when the offence with 
 Avhich he is charged was committed, he is guilty of suborning a 
 witness for a wicked and false purpose. But suppose he knew him- 
 self to be innocent, but knew that there Avere circumstances of sus- 
 picion which might weigh against him, and possibly involve him, 
 though innocent, in the consequences of guilt, and that thus circum- 
 stanced he induced some one who was anxious for his safety, and 
 believed firmly in his innocence, to come forward and SAvear falsely, 
 liow different it wovdd be. So, if the defendant, knoAving his claim 
 to be Avell founded and just, in order to cover some Aveak points in 
 his case, made statements on oath, inconsistent Avith truth, he Avould 
 be guilty of peijury, it is true, but of perjury of a far less heinous 
 character; for the difference is obvious between a case in which
 
 ( 9 ) 
 
 perjury is resorted to, to compass a wicked and iniquitous end, and 
 Avhcre it is resorted to only for the pni'joose of enabling innocence and 
 justice to prevail. In order, therefore, to see what was the nature of 
 the offence, if any, which the defendant has committed, it was neces- 
 sary that the accusation should embrace the larger question. I know 
 there have been persons, and persons in authority, who have said, 
 " AYhy do they not put this man on his tiial on one of the shorter 
 questions in the cause — as, for instance, whether he was at Stony- 
 hurst ; whether the ' Bella' went down as described ; or whether his 
 story Avith regard to Lady Radclifte is true ? Any one of those 
 would suffice, and the case Avould be quickly over. It would not 
 then last for weeks or months. The jury would determine it quickly 
 and there would be an end of it." The persons who have spoken 
 thus have not reflected sufficiently on the matter. For, Avhen you 
 come to think of it, it Avould have been impossible that any one of 
 the minor and subordinate issues which arise in this case could have 
 been submitted to a jury without the whole question being incidentally 
 gone into. For though the prosecution, if they had put the defendant 
 on his trial on one of the subordinate issues, could not possibly, with 
 any decency or show of justice, have proposed to go into the Avliole 
 and entire question, the defendant Avould have had this advantage, 
 that while they were restrained Avithin the limits they had voluntarily 
 prescribed to themselves, and Avere thus necessarily crippled, he Avould 
 have been entitled to go into the whole question, from the beginning 
 to the end. For if, as the learned coimsel suggested, they had put him 
 on his trial on an indictment charging him ivith perjury in sapng that 
 he had been at Stonyhurst for three years, AAliat AAOuld have been 
 the course pursued on the part of the defendant? It aa'ouM have 
 been plausibly urged, and the prosecution could not have pre- 
 vented it — " You have put this man on his trial on one of these 
 minor issues, because you did not dare to put him on his trial on 
 the main issue involved in the inquiry. You kncAv he Avas Roger 
 Tichborne, but you thought that upon one of these minor issues he 
 woidd not liaA^e the means of proving himself to be Roger Tichborne ; 
 and, consequently, in order to crush a man Avhom you kncAv to be 
 innocent, you resorted to this device of trying him on a minor 
 question. But we Avill not be bound by Avliat you have done. He 
 may not be able to prove that he Avas the Roger Tichborne of 
 Stonyhiirst, and our defence, therefore, on that particular groimd 
 might be weak, Avhich is the reason Avhy you selected it as the one on 
 which to assail him. But Ave AA'ill enlarge the field of battle, and 
 prove that he is Roger Tichborne of Stonyhurst^ by proving that he 
 is Roger Tichl)orne of the Carabineers ; because, if he is the Roger 
 Tichborne of the one, he must necessarily be the Roger Tichborne 
 of the other." That Avoidd have been the vantage groimd, Avhich, by
 
 ( 10 ) 
 
 taking sucli a cburse, the prosecution would have afforded to the 
 defendant. In my opinion it would have been not only a most 
 unwise course, but one altogether unworthy of a State prosecution of 
 this kind. Again, when it is complained that the indictment has 
 embraced the allegation of perjury in the matter of Lady Radcliffe, 
 my astonishment knows no bounds. I shall advert to this part of 
 the case again Avhen I come to the case of Lady Radcliffe by-and-by ; 
 but I must say, as observations have been made upon it, that I think 
 it would have been in the highest degree unworthy of the prosecution, 
 if they had not made that part of the case an essential part of this 
 indictment. For what would then have been said ? Do you, from 
 what you have seen and heard of the learned counsel for the defen- 
 dant, think that he would have been too scrupulous to use this 
 species of argument ? He would have said, " Upon the former trial 
 the case of Lady Radcliffe and the sealed packet was made a crucial 
 test of the identity of the defendant. You might have made it so 
 on this. You have not done so. Why ? Because you knew that 
 the charge which the defendant preferred against Lady Radcliffe was 
 a well-founded one, and, therefore, did not dare to bring it forward ; 
 and from the fact of your not bringing it forward, and from the 
 inference which thereupon arises that it is true, I found my strongest 
 argument that this man. is Roger Tichborne ; for if he had not been 
 Roger Tichborne he could not by any human possibility have been 
 acquainted with the facts ; and it is, therefore, on his knowledge of 
 what had passed between Roger Tichborne and Lady Radcliffe, and 
 which you, by withholding the issue from the determination of the 
 jury, have virtually acknowledged to be true, that I found the 
 strongest argument of his being Roger Tichborne." Thus the defen- 
 dant would have had an advantage which he ought not to have over 
 Lady Radcliffe, avIio would have been sacrificed by the omission of 
 the prosecution to bring her case forward. In my opinion they have 
 taken the right course. They have done perfectly right in submit- 
 ting to your consideration the entire question of whether the defen- 
 dant is Roger Tichborne; and they have been perfectly right, and 
 done no more than they were bound to do, in making the inquiry 
 with reference to Lady Radcliffe a prominent and essential part of 
 the case which you have to decide. 
 
 The question before you will therefore be, first and foremost of 
 all, is the defendant Roger Tichborne? As to this, let us see Avhat 
 the position of the parties is. The issue is the same as was raised 
 in the trial of ejectment in the Court of Common Pleas, but the 
 position of the parties is reversed — a circumstance which must not be 
 lost sight of. The defendant's counsel, in his opening address to 
 you, boldly challenged your verdict, not merely for the purpose of 
 acquitting his client, but, as he stated, for the purpose of insuring the
 
 ( n ) 
 
 restoration of his estntes. For if you by your verdict should acquit 
 him, this, he said, must follow as a necessary consequence. The 
 people of England woidd rise with unanimous fervour, and would 
 find him the means of inmiediatcly recovering the estates of which 
 he is vmjustly dispossessed. Gentlemen, if upon your verdict in 
 favour of the defendant the possession of the estates which he claims 
 would at once necessarily follow, you might, indeed, upon the conflict 
 of evidence which has been brought before you, pause for a very long 
 time before you found a verdict which would lead to that conse- 
 quence. But a position might have been taken l)y the counsel far 
 more favourable to his client. His restoration to those estates would 
 certainly not follow as the consequence of your verdict. In a case 
 where a man claims property which is in the possession of another, 
 he has to satisfy a jury beyond all reasonable doubt that he is entitled 
 to that Avhich he claims. The laAV of every country, as well as that of 
 England, presumes in favour of possession ; and I cannot conceive a 
 case in which the wisdom and propriety of that doctrine could be 
 more signally illustrated and shown than it is in this. A man comes 
 forAvard who alleges himself to have submitted for years to voluntary 
 exile ; Avho has given no tidings, direct or indirect, of his existence ; 
 who has allowed rights to arise upon the supposition of his death, 
 and expectations to be formed, the disappointment of which must be 
 attended with pain and distress ; and springing up, as it were, from 
 the grave, he suddenly says to those who have taken possession of 
 the estates under an honest belief of their undoubted and indisputable 
 right, " I am the true owner, stand on one side, and make way for 
 me." Those who should know him look at him, and fail to recognize 
 in him the man he asserts himself to be, and say, " We do not believe 
 in you." Those in possession ask, "Why have you been thus long 
 in obscui'ity and exile, if you are the man you claim to be ? " Under 
 these circumstances it seems to me possession should cany with it, 
 morally, honestly, and justly, as well as legally, the consequences 
 which usually attach to it, until such a man has shown, beyond all 
 reasonable doubt, or possibility of doubt, that he is the man he 
 claims and asserts himself to be. But while that is the case with 
 regard to a claim to the possession of an estate, the position of the 
 parties is very different when you not only avail yourselves of the 
 right of possession to keep him out, because he cannot prove himself 
 to be what he claims and asserts himself to be, but also seek to visit 
 him with punishment for having sworn falsely in asserting that he is 
 the true man. The issue is the same, but the position of the parties 
 is reversed. When, in a case like the present, property is claimed, 
 the man who claims it must establish before a jury, beyond all 
 reasonable doubt, that he is the man who is entitled to it ; but when 
 he is sought to be visited with the punishment of the law for having
 
 ( 12 ) 
 
 sworn falsely in so asserting, it is for those who seek to visit him Avith 
 the legal consequences of perjury to prove this perjury beyond the 
 possibility of reasonable doubt. The question, therefore, is not so 
 much Avhether he is Roger Tichborne, as whether the prosecution has 
 proved that he is not Koger Tichborne. 
 
 Now, the question being one of identity, a good deal has been said 
 about the doubtful nature of the inquiry, and of the only proof -which, 
 generally speaking, can be produced of identity; and I quite agree 
 that it is one of the most difficult questions with which courts of 
 justice and juries have to deal, and that it is one of those questions 
 upon which they are occasionally liable to go Avrong. But ordinary 
 cases of identity are very different indeed from the present. Frequently 
 a man is sworn to who has been seen only for a moment, or for a very 
 short space of time. A man stops you on the road, puts a pistol to 
 your head and robs you of your watch or your purse ; a man seizes 
 you by the throat, and while you are half strangled his confederate 
 rifles your pockets ; a burglar invades your house by night, and you 
 have only a rapid glance to enable you to know his features: In all 
 these cases the opportunity of obser\dng is so brief that mistake is 
 possible, and yet the lives and safety of people would not be secm-e 
 vmless we acted on the recollection of features so acquired and so 
 retained ; and it is done every day. There are instances, indeed, 
 in which the supposed recollection of the features of a person accused 
 has proved faidty. I have kno^vn such instances myself. I remember 
 to have been present years ago at a trial, which I never shall forget, 
 on the Western Circuit, in which two men were tried for miu'der. 
 They were both convicted, one upon evidence of identity given by 
 numerous persons, who all swore to the man. He Avas convicted, 
 and if execution had followed upon conviction with the rapidity it 
 did at an earlier time, the man would have been executed. It Avas 
 proved afterAvards, beyond all possibility of doubt, that those who had 
 SAvorn to the identity of the man Avere mistaken. He had been 
 taken up for picking pockets on the day the murder Avas committed 
 hundreds of miles aAvay from the place ; he was in confinement at the 
 time under the latter charge ; there Avas not the slightest doubt in the 
 world about it. The man AA^as, of course, reprieved. I tried a case 
 not very long ago at Hertford, Avhere a man Avas charged Avith night 
 poaching and Avitli a most serious assault upon a keeper — the keeper 
 having been most cruelly used. The keeper Avas a most respectable 
 man, head keeper of a nobleman in the county. Nobody doubted 
 his perfect veracity and intention to speak the truth, and he SAA^ore 
 most positively to the man. I had not the slightest doubt of his 
 testimony. The jury convicted the prisoner. It turned out after AA^ards 
 that we were all mistaken. It Avas shoAvn satisfactorily that he had 
 been mistaken for another man. Therefore, I quite agree Avitli what
 
 ( 13 ) 
 
 was said by the learned counsel for the defendant, that in ordinary 
 cases identity is a very difficult point; and here it is the question at 
 issue in this case. But in the cases I am speaking of, you have 
 merely the evidence of persons who have had a short and casual 
 opportunity of becoming acquainted with the appearance of the 
 individual. Here we have a much Avider range of proof; but at the 
 same time the inquiry is one which has its own peculiar difficulties ; 
 for Avhereas in the cases to which I have been referring, the 
 recollection is called forth in a court of justice speedily after the 
 event, here we are dealing with the identity of a man alleged to have 
 been dead ever since 1854, twenty years ago, and the asserted identity 
 of another man who for a great number of years has disaj^peared from 
 the knowledge of all those who knew the undoubted man — from the 
 year 1854, at all events, until the year 1866 or 1867. And if in 
 ordinary cases evidence of identity is calculated to mislead us or 
 embarrass us, how much more must it do so in a case like the present, 
 where you have a host of witnesses on the one side confronted with 
 an equal host on the other ; ^vhere, with the exception of the mother, 
 you have an entire family — I say an entire family, for I attach no 
 value to the opinion of Mr. Biddul})h — a body of persons who were 
 as familiar Avith Hoger Tichborne, whose existence is in dispute, as 
 it is possible for people to be, and who deny the identity of the 
 defendant — and, on the other hand, the mother of the undoubted 
 Roger Tichborne asserting that he is her son — a host of witnesses 
 coming forward to say that he is not the man, and an equal, or 
 perhaps a greater number coming forward to say that he is; while 
 the matter is still further complicated by this extraordinary circum- 
 stance, that while the defendant says, " I am Roger Tichborne," and 
 produces numerous witnesses to say that he is, and another vast array 
 of witnesses come forward to say he is not, the identity of the man, 
 who thus claims to be Roger Tichborne, with a totally different 
 individual, namely Arthur Orton, is in like manner asserted and 
 contested. So that the defendant stands, as it were, between two 
 persons, between Arthur Orton on the one hand, and Roger Tichborne 
 on the other; and Avhile he asserts he is Roger Tichborne, a host of 
 Avitnesscs declare that he is Arthur Orton; so that the same conflict 
 which occurs Avith reference to his identity A\dth Roger Tichborne 
 occurs Avith reference to his identity Avith Arthur Orton, and you 
 have Avitness after AA'itness produced to say he is Arthur Orton, and 
 Avitness after AA^i'tness to say he is not. 
 
 KoAA^, it strikes me very forcibly that to a certain extent both sets 
 of Avitnesses are right, and both sets of Avitnesses are wrong, and 
 that it is impossible to suppose that there is not some likeness between 
 Roger Tichborne and the defendant, or to suppose there is not some 
 likeness bctAveen the defendant and Arthur Orton ; and possibly in
 
 ( 14 ) 
 
 the end this may serve to solve some of the difficulties which the 
 evidence woidd otherwise create. I have been much struck and 
 impressed by the fact that the witnesses Avho described Arthur 
 Orton to us, in many instances described him in the very same 
 identical terms as are applied by the witnesses in the other part of 
 the case in describing Roger Tichborne. It may be that herein Ave 
 shall by-and-by find the solution of our difficulty ; but I am antici- 
 pating matter Avhich will come in its proper place hereafter. All 
 I am pointing out to you now is the complicated and difficult nature 
 of the inquiry, so far as regards the evidence of witnesses with 
 reference to personal appearance. If the case rested there — if you 
 had no other evidence before you than the conflicting testimony of 
 those who say the defendant is Roger Tichborne, and of those who 
 say he is not, your minds might be left in doubt, unless, indeed, 
 having considered which set of witnesses were more likely to be 
 right, you might make up your minds on the balance of authority 
 and Aveiirht in favour of the one side rather than of the other. 
 But fortunately the case docs not rest there. Besides this conflict 
 of evidence of opinion, avc have a mass of facts wdiich may serve 
 to guide us to a right conclusion. We have the life of Roger 
 Tichborne portrayed before us in a manner which, I think, cannot 
 mislead or deceive us, and you will by-and-by have to form an 
 estimate of the knoAvledge and recollection of the defendant of the 
 events of that life, as ascertained and established, and you Avill thus 
 be better able to judge of the value of the CA-idence as to personal 
 identity adduced on the one side and on the other. You have even 
 more than that. You have that to wdiich I should urge you to 
 direct, above all, your anxious and vigilant attention ; you have the 
 conduct of the defendant, and you Avill have carefully to consider 
 that conduct to see how far it is, or is not, compatible or reconcilable 
 with the fact of his being Roger Tichborne. Most of it is admitted, 
 or is beyond doubt: as it makes for him or against him so let it 
 operate. The character and conduct of Roger Tichborne, his vIcaa^s, 
 his intentions on the one hand — the conduct of the defendant Avhen 
 he comes forAvard to assert himself to be Roger Tichhorne as com- 
 pared thercAvith on the other — are, to my mind, all essential to your 
 decision of the great issue involved in this inquiry as to Avhether he 
 is Roger Tichborne or not. 
 History and NoAA^, the question being AAdiether the defendant is Roger Tich- 
 
 tliaracter of Ijorne, the first thine: which it strikes me we have to do, is to fami- 
 Tichbome. liarizc ourselves Avith the life of Roger Tichborne during the period 
 of his undoubted existence, to revicAV carefully the various events 
 of that short life, and to endeavoiu- Avith the materials Ave possess 
 (and fortunately they are tolerably abundant) to make oiirselves 
 thoroughly acquainted, as far as Ave can, Avith all that relates to
 
 ( 15 ) 
 
 Eogcr Ticliborne — personally, intellectually, morally, socially — 
 with all, in short, that goes to make np the simi and substance of 
 the individual man. Fortunately, as I have said, we have abundant 
 materials for this purpose. Koger Ticliborne was an habitual letter 
 writer ; almost as greedy of correspondence as a school-girl ; writing 
 in the full confidence of his heart to two at least of his correspon- 
 dents; thus affording us an opportunity of becoming acquainted, 
 not only with the events of his life, but with the thoughts, the feel- 
 ings, the passions which Avere at Avork Avithin him. Thus, by follow- 
 ing these letters, we are enabled to track him, as it Avere, step by 
 step, through all the phases of his life, and to knoAV exactly Avho and 
 what the man was ; Avhat Avere his vicAvs, Avhat Avere his hopes, Avhat 
 Avcre his intentions. When by this means avc have got the picture 
 of Roger Ticliborne clearly before us, Ave shall be better enabled to 
 judge Avhethcr the defendant has shoAvn himself to be the man or 
 not; Avhether, upon a fair vicAV of all the circumstances, you can 
 come to the conclusion that he is or is not, in fact cannot be, the 
 Ilo2:er Ticliborne he asserts himself to be. 
 
 Gentlemen, in addition to the CA^idence to AAdiich I have just been 
 adverting, there is another head of inquiry Avliich is equally im- 
 portant. One man may be very like another. There have been 
 such instances in the world, or imposture Avould never have been 
 attempted. A man Avould scarcely attempt to personate another 
 unless he more or less resembled him. If a fair man Avere to present 
 himself as the representative of a dark man, if a taU man came to 
 take the place of a short one, a stout man that of a lean one, a man 
 Avith a turned-up nose that of a man Avith an aquiline one, he Avould 
 be rejected at once. But we know, from instances familiar to those 
 Avho are acquainted with the history of jurisprudence, that impostures 
 have been tried on a large scale, and have for a time succeeded, 
 though in the end they have failed with signal disaster, and truth 
 and justice have prcA^ailed. We know from such instances, that 
 there are sometimes men, aa'Iio not being even relations, are so like 
 one another that a casual observer might mistake them. BetAA^een 
 twin brothers and tAAdu sisters we knoAv the likeness is sometimes 
 such as to baffle obserA'atioii. Dramatists haA'e made such resem- 
 blances the foundation of amusing representation on the stage. In 
 a play aa^c are all familiar AA'ith, the "Comedy of Errors," there is the 
 double Antipholus, and there are the two Dromios. In the still 
 more amusing play of Plautus, AA'hich was its protot^qie, there are the 
 two ]\Iena?chmi ; and it may be that there sometimes exists in nature 
 the outAA^ard similitude which was exhibited in these dramas ; but no 
 tAA'o men were ever alike Avithin. Supposing even that the faculties 
 of the mind, the moral propensities, the instincts Avere originally the 
 same in two twins, the minds and the memories would very soon
 
 ( 10 ) 
 
 cease to be the same ; for since the creation of man no two lives were 
 ever the same, and therefore no two memories can ever be tlie same. 
 The acqnirements of education, the accidents of life, the emotions, 
 the passions, the trials to which one man is subject, must necessarily, 
 from the very nature of things, be very different from those which 
 occur to another ; and the consequence must therefore be, that even 
 if two persons were to start in life alike in mind as well as in out- 
 ward appearance, before a very short period had elapsed the two 
 memories must be as distinct as those of any two individuals who 
 had never been brought into contact and never had had anything in 
 common in their lives. Although outward appearance may deceive, 
 yet if you are acquainted with Avhat has passed through the mind of 
 a man, and another man were to come forward and say, " I am that 
 man," you have only to ask him as to the events of the other man's 
 life, those at least which must have remained impressed on his 
 memory, and which, therefore, if he be the man, he must of necessity 
 retain, to enable him to demonstrate that he is the man he says he is, 
 or to enable you to pronounce that he is not. If his memory is not 
 the memory of the man he seeks to personate, if he does not know 
 the events of that man's life, if he does not know what thouo-hts, 
 what feelings, what emotions that man's mind underwent, he cannot 
 be the individual. Thus it is plain that we have in this a fair, 
 ■n^''(^x, and legitimate head of inquiry; and there is no part of this 
 . .^ Jiat will be more deserving of your most attentive consideration 
 than that which relates to the answers of the defendant upon the 
 examination he had to underiro as to his recollections of Rosrer 
 
 '&' 
 
 Tichborne's life. In my opinion, and, I am quite sure, in the 
 opinion of every reflecting man, there cannot be a better test of 
 identity than that to which I am now referring, provided always that 
 the in 'iry be conducted under the terms and conditions which alone 
 will insure the accuracy of the result; but these must not be lost 
 sight of. Now you are in danger, in an inquiry of this nature, of 
 being led into error by one of two alternatives : you may require too 
 much ; you may be satisfied with too little. You may require too 
 much, if you expect a man whose knowledge you thus put to the 
 proof to recollect every trifling individual occurrence of his life. 
 Again, you Avill be acting unfliirly towards him (I entirely concur 
 with the learned counsel for the defendant in thinking) if you set the 
 memory of a midtitude of witnesses against that of a single indi- 
 vidual. Take men who were together in the same class at school, or 
 who were together in the same college, or in the same regiment ; 
 there are occurrences equally calculated to leave, or not to leave, an 
 impression, which the one will remember, but the other will have 
 wholly forgotten. Tnere are things which pass every day, which 
 makes no impression on the mind of one man, but which do
 
 ( 17 ) 
 
 make an impression on the mind of another. Men dine at tlie 
 same mess or table ; sometliing occurs in the course of the 
 conversation ; one man remembers it, the other does not think 
 of it any more, and the next morning it is forgotten. One man 
 recollects some events in his past life, more or less important, 
 or more or less trivial, which some one else present at the same 
 time, if you were to ask him about it, woidd have no knowledge of 
 or recollection of at all. Of all the unfathomable mysteries Avhich 
 the human mind presents, there is none in my view so astonishing as 
 the faculty of memory, especially in the matter to -which I am now 
 adverting : that is, how some things comparatively trivial remain 
 indelibly impressed on the recollection, Avhilc others, far more im- 
 portant, fade away into the darkness of eternal night, and are totally 
 and entirely forgotten. It woidd not be fair, therefore, to say, 
 " Here are half-a-dozen people who were present with you on a 
 certain occasion, and they all recollect a certain fact. If you do not 
 remember it you cannot be the man." Still less just would, it be if 
 each of those individuals Avere alloAved to pick out some peculiar 
 circumstance Avhicli has remained impressed on his individual 
 memory, and then because the man did not recollect all that the six 
 persons recollected, it should be said, " Oh, you cannot be the man." 
 I quite agree, we must not deal with a man in that way; it Avould be 
 unfair and unjust to do so ; but there are things which it is next to 
 impossible any one should forget, and in respect of those thi 
 are entitled to require that a man should exhibit some knowledge, 
 when you know that they happened to a person whom he represents 
 liimself to be. Yet even here Ave must be on our guard ; for even 
 things of importance, things that you Avould have expected to remain 
 impressed on a man's memory, often pass aAvay and are forgotten ; 
 but if you find that a multitude of circumstances such as ^ :^m cannot 
 reasonably believe that a man coiJd have forgotten i^i^e ii 'ivUOAvn, a 
 very different case presents itself. Noav, amongst the things likely to 
 be impressed and to remain upon the mind there is perhaps nothing 
 so certain to be remembered as things Avhich AA^ere h. .bitual, and which 
 therefore the mind retains, not in the indiA^dual instances, but in the 
 aggregate. When you were at school you Avent into school at a given 
 hour ; you had your meals at a given hour ; you had your play at a given 
 hour ; you Avent to bed at a given hour ; your holidays occurred at a 
 giA^en period. You Avere in a college, you Avent through a certain daily 
 routine ; you were in a regiment, you did the same ; you Avere in a busi- 
 ness and the hours of that business Avere fixed, as Avere the hours of re- 
 creation and rest. You do not remember the event of each day ; you do 
 not remember going into school, or to your duties, Avhatever they Avero, 
 on each particular day, but the aggregate remains indelibly im^iressed 
 on the memory. You can say from your general recollection, though 
 
 c
 
 ( 18 ) 
 
 not from that of any given morning, that you went into school at a 
 given horn-, that yon dined at a given hour, went to bed at a given 
 hour. You know from the habit of months or years the hour at which 
 you did a certain thing. We have here a fair test of knowledge, 
 because that which was habitual is not likely to have passed from 
 recollection. When, therefore, you come to test the mind and the 
 knowledge of a man, as a means of determining whether he is the 
 person whom he asserts himself to be, you must consider what it is 
 you may fairly and reasonably and justly expect that a man should 
 recollect. Making all due allowance for the uncertainty and imper- 
 fection of human memory, you may still get at certain results and 
 establish for yourselves a certain fixed standard, which you may apply 
 to determine whether a particular individual possesses the knowledge 
 which should satisfy you of his identity. While there is the danger 
 on the one hand of expecting too much, there is the corresponding 
 danger of being satisfied with too little, of being too readily put off 
 with idle excuses, and too readily ascribing to defect of memory igno- 
 rance which arises fr'om the want of original knowledge. 
 
 Again, you may not only be satisfied with too little, in the way I 
 have just adverted to, but you may also be satisfied with too little if 
 you are led to accept, as true genuine knowledge, that which is not 
 the honest production of the unaided memory, but knowledge derived 
 fr'om extraneous and adventitious sources. This is the danger into 
 which persons too credulous have before now been led by imposture ; 
 thus it is that imposture has succeeded, at all events, for a time. 
 One can easily conceive a case in which a man bearing some resem- 
 blance, possibly a close resemblance to the person of another, or to 
 the features and lineaments of another, and coming forward to per- 
 sonate him, may impose on others by exhibiting knowledge, and yet 
 may have acquired that knowledge fr'om without instead of possessing 
 it fi'om within. Suppose, as in fact did once happen, that a man 
 were to establish close relations and familiar intercourse A^dth another 
 in a foreign country, so as to become acquainted mth all the secrets 
 of his past life, communicated in the confidence of unsuspecting 
 fr'iendship, and then, that man ha~\dng died, he were to come forward 
 and say he was the deceased man. Suppose that in addition to per- 
 sonal communications the deceased man had left papers, journals in 
 which he had entered the events and incidents of his life, and that the 
 other with a view to imposture, possessed himself of such papers ; 
 suppose the man whom he sought to personate had been in the habit 
 of writing letters in which he detailed the circumstances of his life, 
 and that these letters fell into the hands of the man thus capable of 
 misusing them ; suppose that, as has happened in some of those cases 
 of impostm'e to which I am only distantly alluding, the impostor fell 
 in Avith persons who had been in the service of the man whom he
 
 ( 19 ) 
 
 proposed to personate, and wlio were acquainted with some of the 
 important incidents of that man's life, and that those persons, being 
 either tlie AvilHng confederates or the innocent dupes of the impostor, 
 suffered him to o;et out of them a knowledge of thing-s which enabled 
 him to put himself forward to the world as the man whom he desired 
 to represent himself: from all or any of such sources, such an amount 
 of apparent knowledge might be derived as might deceive even the 
 w^ary, and delude even the sagacious ; and yet you might have at the 
 bottom nothing more than a barefaced, impudent imposture. And 
 another thing should be carefully watched, to prevent the possibility 
 of imposition. If you find that the man in question has sources of 
 information at command to which he can resort, and fi'om which he 
 may have obtained the knowledge he displays before you, and if you 
 find that his knowledge is not uniform upon all the events or circum- 
 stances of the past life of the man he is representing himself to be — • 
 if you find that his knowledge coiTCsponds with and is confined to 
 the sources of information that you find him to possess and fails as to 
 the rest, that is a circumstance which ought to be taken into account, 
 in determinino; how far the knowledg'e he exhibits is true and 
 genuine, or factitious and obtained fi-om adventitious sources from 
 without, instead of being the genuine production of the memory from 
 within. 
 
 These, gentlemen, are the considerations which appear to me to 
 present themselves at the outset, and which you will have to apply, if 
 you think them Avorthy of your attention, as you proceed to deal with 
 this case in the various forms in which the facts and the CAddence 
 present themselves. I shall have, I daresay, in the course of the 
 observations wdiich I shall have to address to you, I fear at some 
 length, to advert again, Avith a view of their practical application, to 
 some of the principles which I have been endeavouring to lay down 
 for your guidance ; but as matter of preliminary observation this will 
 suffice, and I shall now proceed to do that wdiich seems to me to be 
 the very first thing that we have to deal Avith ; that is, to present to 
 you the events of the life of the undoubted Roger Tichborne, and 
 from the materials we possess, and especially from the letters of lioger 
 Tichborne himself, to portray to you in as vivid colours as I can — 
 physically, intellectually, and morally — the undoubted Roger Tich- 
 borne, the identity of the defendant with whom is the question which 
 you have to decide. 
 
 Gentlemen, Roo-er Tichborne was, as we knoAv, the eldest son of Tichborne 
 Sir James Tichborne, the tenth baronet of that name. The family 
 was one of the oldest established families in this kingdom, the ances- 
 tors of Roger Tichborne having held the broad lands of Tichborne 
 at a time anterior to the Norman Conquest. The family was one of 
 
 C 2
 
 ( ^0 ) 
 
 the old Roman Catholic families wliicli adhered to the old faith 
 ■when generally that faith was superseded by the Protestant religion 
 in this coimtry, but they were not uniformly Roman Catholics. Sir 
 Benjamin, Avho, in the reign of Queen Elizabeth was member for 
 the county of Southampton, and who, in the last year of that 
 queen was the sheriff of that county, took a bold step on her death. 
 As the books tell us, he immediately proceeded to Winchester, 
 and without Avaiting for authority from anyone, proclaimed King 
 James ; and the consequence Avas that the king, pleased with this 
 spirited proceeding, created him a baronet, amongst the eai'liest of 
 the English creations. It is unnecessary to go further into the 
 history of the family till we come to the grandfather of Roger 
 Tichborne, Sir Henry, who died in the year 1821, leaving four 
 sons — the eldest. Sir Henry Joseph, who succeeded him ; the 
 second, Edward, who afterwards took the name of Doughty ; the 
 third, James, who became Sir James, the fither of Roger; and 
 Mr. Robert Roger, Avho lived for some time in Hampshire, and 
 afterwards lived at Bath. Besides these four sons there was one 
 daughter who married an Irish gentlemen of the name of Nangle, 
 and who has been called before you. Sir Henry Joseph Tichborne 
 died in 1845, fi-om the consequences of a fall Avhile out hunting, 
 leaving six daughters but no son. There was a seventh daughter, 
 but she died young, I believe in the lifetime of her father. All the 
 six daughters married persons well known in the world. The eldest, 
 Eliza Ann, married Lord Dormer, and she has been a Avitness before 
 you. Lady Dormer had three sons, and one of them becomes some- 
 A\hat material in this inquiry. The eldest Avas the present Lord 
 Dormer ; James Avas the second, and Herbert Francis the third. 
 James Dormer is a person I shall have to advert to hereafter. 
 The second daughter, Frances Catherine, married Lord Arundel of 
 Wardour; she died in 1836, and her name Avill not occur again in 
 the course of this inquiry. The third daughter, Julia, maiTied 
 Mr. Charles Thomas Talbot, and AA^as the mother of the last Earl 
 of ShrcAvsbury in that line. Then Ave haA^e Catherine Caroline, AAdio 
 married Colonel William GreenAvood of the Guards, and Avho has 
 been a witness before you. Then Lucy Ellen, avIio married Mr. 
 ToAvnley, the second son of Mr. ToAvnley of Lancashire. Then 
 comes Emily Blanche, Avho married first Mr. Bennett, the son of 
 the member for Wiltshire, and afterAvards Mr. Higgins, Avhom Ave 
 all well knew as a public Avriter. She had by the first husband a son 
 John, Avhose name occurs in some of the letters of Lady Doughty, 
 a name put to the defendant, but Avith Avhich he Avas unacquainted. 
 Lady Doughty in her letters speaks of "Emily" and "Johnny." 
 The second husband, as 1 have stated, Avas Mr. Higgins. All these 
 ladies were consequently first cousins of Roger Tichborne, and, vrith
 
 ( 21 ) 
 
 tlie exception of the one wlio is dead, they have all been called before 
 you. Now Sir Henry Joseph, leaving no son, was of course suc- 
 ceeded by his next brother. Sir Edward. By the will of a maiden 
 lady. Miss Doughty, who died in 1826, Mr. Edward Doughty had 
 acquired very large estates in Buckinghamshire, in Lincolnshire, in 
 INIiddlcsex, in London, and in Surrey — estates of very considerable 
 value indeed ; and by the direction of her will, as a condition of 
 taking the property, he obtained the royal licence and assumed the 
 name of Doughty, and was known as Sir Edward Doughty, instead 
 of being, as he otherAvise Avould have been, Sir Edward Tichborne. 
 He married the late Lady Doughty, a daughter of Lord Arundel of 
 Wardour. He was born on the 27th of March, 1782, and died on 
 the 5th of IMarch, 1852. He resided, until a short time after the 
 death of his elder brother. Sir Henry, at Upton, near Poole — a pro- 
 perty not bought by Sir Edward, as Bogle, and, after Bogle, the 
 defendant, have assumed and stated, but bought, with the land 
 belonging to it, by the trustees under the Doughty will out of 
 personalty belonging to Miss Doughty, and which by the Avill they 
 were directed to invest in landed property. AVhat Avas bought by 
 Sir Edward was not Upton, as Bogle mistakingly supposed, but land 
 in the immediate \acinity, and which then became apparently, no 
 doubt, part of the Upton property, but was held imder a different 
 title, having been bought by Sir EdAvard for the sum of £13,700, 
 but which is entirely distinct from the seat of Upton which was 
 bought, as I have told you, by the trustees, and not l)y Sir Edward. 
 I advert to it thus early, in passing, because to my mind it is an 
 important fact connected with the property and estates ; for I cannot 
 understand, under the particular circumstances, how Roger Tich- 
 borne, unless his memory had entirely and completely failed with 
 respect to the property of the Tichborne and Doughty estates, coidd 
 have made so singular a mistake. Well, Sir Edward Doughty 
 transferred his residence to Tichborne, but still kept Upton in hand ; 
 and Ave shall find that Koijer Tichborne sometimes visited his micle 
 and aunt at Tichborne and sometimes at Upton ; and it Avill be mate- 
 rial as Ave go on to knoAV the times of his visits at the one and the 
 other residence, because it may enable us to form a judgment on some 
 of the evidence which has been adduced in the course of the cause. 
 
 Sir EdAvard Doughty had only two children ; the first a son, wdio 
 died in early childhood, in the year 1836. He had no other son, his 
 other child being the lady whose name has been so painfully intro- 
 duced into this case, Catherine Mary Elizabeth Doughty, who after- 
 wards became the Avife of Mr., now Sir Percival, Radcliffe. Upon 
 his death, leaving no son. Sir Edward Avas of course succeeded by 
 Sir James, the father of Roger. It may be material hereafter to 
 knoAv the age of Sir James. He Avas born on the 3rd of October,
 
 ( 22 ) 
 
 1784, and died on the lltli of Juno, 1S62, when he was consequently 
 close upon seventy-eight years of age. He married on the 1st of 
 August, 1827, Henriette Felicite, the natural daughter of Mr. Henry 
 Seymour of Knoyle. Her mother must have been a lady of some 
 distinction. She was a member of the great old French house of 
 Bourbon-Conti. I say so because on the distribution of the personal 
 assets and property of the Due dc Bourbon-Conti, INIrs. Tichborne 
 was held entitled in right of her mother in the distribution of the 
 duke's property to no less a sum than 450,000 francs. They had 
 four children, Roger the eldest, born on the 5th of January, 1829; 
 then a daughter named Mabel, avIio died in early infancy ; a second 
 daughter named Alice, who died in 1839, when her parents were 
 residing in the Rue St. Honorc ; and, lastly, Alfred, who was born 
 on the 4th of September, 1839, and who, therefore, Avas, Avithin a 
 trifle, ten years younger than the elder brother Roger. Afterwards, 
 on his father's decease, in 1862, in the belief of his brother's death, 
 Alfred assumed the title, but died on the 22nd of February, 1866. 
 Now Mr. James Tichborne having lived in Paris from the time of 
 his marriage until he succeeded to the title and the estates, all his 
 four children, sons as well as daughters, were born at Paris. I said 
 that Mrs. Tichborne, afterwards Lady Tichborne, was the daughter 
 of Mr. Sej^mour of Knoyle, and inasmuch as in this case the evidence 
 of the members of the Seymour family as well as that of those imme- 
 diately connected in blood with Sir James Tichborne has been 
 brought before you on this question of identity, I will just remind 
 you in passing of whom that family consisted. Mr. Henry Seymour 
 had two sons, both well known as public men, Mr. Henry Danby 
 Seymour, the eldest, Avho represented Poole for many years ; and 
 Mr. Alfred Seymour, the younger, who is noAV member for Salisbury. 
 There were three daughters. The eldest, Jane, Mrs. Bouverie, has 
 been called before you. The second, Ellen, became Mrs. Sandford, 
 but is now unfortunately no more. The last, Eliza, married one of 
 the most distinguished men of the day, savant as well as soldier, 
 I mean Sir Henry Rawlinson. Those of the family avIio are alive 
 have been called before you, and of the value of their testimony you 
 have had an opportunity of judging. 
 Life of Roger Gentlemen, I am about to enter upon the details of the life of Sir 
 Tichborne. Roger Tichborne. It strikes me that it would be convenient to 
 divide the life of the undoubted Roger Tichborne into five leading 
 epochs. The first would be his life at Paris imtil between the age 
 of sixteen and seventeen years ; the second would be his life at Stony- 
 hurst, which lasted from the middle of 1845 until August, 1848, 
 rather more than three years, a period of paramount importance, as 
 being the time during which he received all the education he was 
 ever destined to acqiiire. The third period, Avhich is by no means
 
 ( 23 ) 
 
 an unimportant one, embraces the twelve months occupied in his 
 preparation for military service — which will bring us to the end of 
 October 1849. We have then, as a foiu-th period, his life in the 
 army, extending from the time of his entering the army in October 
 1849 to the time of his quitting the army at the commencement of 
 1853; that again subdividing itself into two periods, the first, the 
 time during Avhicli he w^as quartered in Ireland, the second the time 
 during which he was stationed at Canterbury. Then we have, as the 
 last period, the year which passed from his quitting the shores of this 
 country in the month of March, 1853, to the time of his going on 
 board the ' Bella,' and that ill-fated vessel foundering, which would 
 embrace his voyage to Valparaiso and his wanderings in South 
 America until his final departure in the ' Bella.' I think it Avill be 
 desirable to keep those epochs distinct, and you will see the advantage 
 of it by-and-by when you come to compare the statements of the 
 defendant wdth the ascertained facts of Roger Tichborne's life. 
 
 Now, Roger Tichborne, as I have said, was born on the 5th of 
 January, 1829. The poor lad seems to liaA^e been doomed to mis- 
 fortune from a very early age. He had the scarlet fever, which he 
 took fi.'om his sister Alice, who died of it; and whether that had 
 any permanent effect on his health I know not, but he seems to have 
 been, or at all events his mother was determined he should be thought, 
 a sicldy boy, and they had recourse at a very early period to that 
 cruel, and I cannot help thinking mischievous, practice of creating a 
 factitious sore in the shape of an issue, and this poor little fellow Avas 
 thus tortured when six years old. They kept open this abominable 
 running sore Avith peas for three long years, until at last it was stopped. 
 That was the first misfortune to Avliich the poor felloAV was doomed. 
 
 He was bom when his parents were living in the Rue de la Ferme ; 
 and a question will arise as to the residences of his parents during 
 the time they inhabited Paris, as it was made one of the subjects of 
 inquiry Avhen the defendant was put to the ordeal of showing Avhat 
 he kncAv of the life of Roger Tichboi*ne. We are enabled to trace 
 the residences of the parents by the addresses of the letters Avhich 
 Roger Tichborne Avrote fi-om the time he came to England; and 
 before that time we knoAv the residences from the statements of the 
 persons connected Avith his early education and life. He Avas bom in 
 a street properly called La Rue de la Ferme des Mathurins, but which 
 in common language, that name being a very long one, Avas more 
 familiarly known by the name of Rue de la Ferme, not the Rue de 
 Ferme (as the defendant called it), a mistake Avhich no Frenchman 
 could by possibility have fallen into. In 1833 they removed to a 
 street called the Rue Neuve des Mathurins, so called, like the former, 
 from there haA'ing been an old conventual establishment there of 
 monks called les INIathurins. In 1835 they Avere living in a street
 
 ( 24 ) 
 
 Education of 
 Tichborne. 
 
 called the Rue Caumarthi. In 1837, tlicy removed to tlie Rue St. 
 Honore, No. 364, and there they lived until 1845 — a period extend- 
 ing over eight years. The residence there at the earlier part of that 
 time is proved by M. Chatillon, who was in the habit of attending 
 there as the boy's tutor, and the later residence is proved by the Abbe 
 Salis, who took up his abode in the Entresol immediately below the 
 first floor, which was inhabited by the Tichbornes, and who, fi-om his 
 residing immediately below them, became intimate with them, as 
 intimate as it was well possible for a man to be with a family. In 1845 
 they Avere in the Rue Neuve du Luxembourg, or, as we will call it 
 for shortness, the Rue du Luxembom-g. In 1848 we find them in 
 the Rue Dupliot; but before that year was ended they had removed 
 to the Rue Castiglione, and in the latter street they remained from 
 1848 to the end of 1850. In 1851, 1852, and 1853, until they finally 
 left Paris to take up their abode at Tichborne, they lived in the Rue 
 des Pyramides. You will have by-and-by to consider hoAV far between 
 the ages of childhood and youth, up to 16 and 17, a lad remembers 
 the residences of his parents. It is undoubtedly the fact that the 
 defendant has exhibited a total ignorance of these residences Avith 
 reference to time, if not to place ; ignorance as to place with reference 
 to some of the streets, ignorance as to time with reference to all. How 
 far that comes within the principle which I endeavoured to lay doAvn 
 as a safe guide to us in inquiring of a person charged with persona- 
 tion is another thing ; but these facts and dates will by-and-by become 
 material, and therefore before quitting the history of Roger Tichborne 
 at Paris, I have thought it right to bring to your notice the residence 
 in the Rue St. Honore, extending over eight years, from 1837 to 
 1845; in the Rue Castiglione, from 1848 to 1850; in the Rue des 
 Pyramides, from the commencement of 1851 to the final departure 
 of Roger Tichborne and the removal of his parents from Paris ; the 
 other residences are of shorter intervals, and, therefore, I do not 
 dwell upon them. 
 
 Now, Roger Tichborne was placed at an early period under the 
 care of IVI. Chatillon, Avho became his tutor, attending on him daily, 
 coming to the house the first thing in the morning, and not going 
 away until the last thing at night; and this appears to have lasted 
 over a period of six years, fi-om the year 1834 to the year 1840. I am 
 afraid poor Roger did not learn very much even under the carefid 
 guidance of M. Chatillon. I say under his careful guidance, for I 
 believe, from what we saw of him here, and what the father says of 
 him in his letters, that INI. Chatillon was a respectable man, who did 
 his best; but unfortunately his endcavoiirs to communicate to this 
 poor boy the instruction he ought to have received were thwarted by 
 the incessant interference of a misguided, ill-judging mother. Mrs. 
 Tichborne appears to have been a woman who had not had the ad-
 
 ( 2o ) 
 
 vantage of a superior education herself, who cared nothing about 
 letters, and who appears to have been very indifferent as to the 
 education of her son. M. Chutillon says that he did his best, but 
 that his best was very little, because, as he says, he was so interrupted 
 in the lessons by the mother. Mr. Tichborne was perfectly sensible 
 of the little progress his son was making. The boy did make some 
 progress, but still it was very inadequate Avith reference to his position 
 in the Avorld; and the father was very anxious indeed to send him to 
 school, but in this he was unceasingly thwarted by Mrs. Tichborae. 
 I am sure I do not Avish to folloAv the example which may have been 
 set of saying anything harsh or offensive about any one if I can help 
 it, still less about those who are dead and gone ; but it is impossible 
 to disguise from oneself the truth that this was a lady of a singidarly 
 perverse, unamiable disposition, and one who was thoroughly selfish 
 in all that related to her affections. She Avas a Avoman Avho could 
 love, and love Avarmly, but she Avas a woman who loved selfishly — that 
 is to say, she loved with a vicAv to her OAvn gratification, and not with 
 the more generous feeling Avhich makes a person love Avitli the view 
 rather to the Avelfare of the object of their affection than to their OAvn 
 gratification. This nobler feeling AA'as quite inconsistent Avith her 
 nature. She Avas jealous and exclusive in the highest degree. She 
 could not bear even the name of her husband's relations, because she 
 could not endure that Sir James should bestow on them a portion of 
 the affection Avliich she thought should be all hers, to the exclusion of 
 everybody else; and her husband being a man of large and Avarm 
 heart and generous disposition, and loving his relations with an 
 affectionate and tender love, they became to her objects of the most 
 intense and profound aversion. She Avas thoroughly and essentially 
 a French Avoman. She disliked England, and everything that was 
 English; the more so, perhaps, because her husband's family and 
 delations were all English. Sir James naturally felt that the fliture 
 position of his son Avas to be that of an English country gentleman, 
 one of the happiest and proudest positions that a man can be born 
 to ; the OAA'uer of large estates, Avith corresponding influence, with 
 the means of doing good, of promoting the Avelfare of others, of 
 giving employment to the industi'ious, and of using his wealth for the 
 great and legitimate purposes to Avliich wealth should be applied. lie 
 kncAv that one day his son, heir to large estates, Avould take a leading 
 and influential position in the country Avhere his ancestors had so long 
 resided; he naturally felt that this might be a stepping-stone to a great 
 public position, and he was therefore, above all things, anxious that 
 his son shovdd receive an English education. But the mother would 
 not hear of it: she hated England ; she hated her husband's relations; 
 she could not bear the idea of her son's coming to England, Avhich 
 Avould bring him into contact Avith the people Avho Avere the objects of
 
 ( 26 ) 
 
 her aversion, and her only idea was that of bringing him up as a 
 Frenchman, giving him a French education, with the expectation that 
 he would live in France, under her entire dominion and control, and, 
 although he should succeed to English estates, would treat England 
 and everything English as matters of secondary consideration. 
 
 Now, the amount of pain that this caused the father is exhibited 
 in a letter which he wrote to his wife's father, as the only person to 
 whom he could properly address his complaint, and to Avhom he 
 ^vl■ote in the full and unreserved confidence of fi'iendship and re- 
 lationship. This letter lets one so entirely into the secret of what 
 was going on in their interieiir, and the unhappy position of things 
 there, that I think it right to read it. It is quite plain to my mind 
 that poor Mr. James Tichborne was not, in any degree, a match for 
 his wife. He was a man, as I have said, of a warm heart and 
 generous disposition ; but, unhappily, he laboured under the great 
 disadvantage of a hasty, impetuous temper, which broke out upon 
 very slight provocation, as Ave know from the quarrels Avhich took 
 place between him and his brother ; and when he did break out into 
 one of these bursts of temper, he was, imfortunately, in the habit of 
 using very strong language ; but the outbreak of temper was as brief 
 as it was passionate (as is so very commonly the case with persons 
 of hasty tempers), and when his temper had subsided, and kindly 
 feeling: returned, he knew no bounds to the atonement which he 
 was ready to make. The wife, cool and self-possessed, not losing her 
 temper, though she had a very bad one, always had the advantage 
 in these encounters, and when the husband, anxious to restore 
 domestic peace, sought reconciliation, it was only at the sacrifice of 
 tliose marital and paternal poAvers Avhich he had asserted his inten- 
 tion to exercise in order to protect his son against the evil conse- 
 quences of his mother's mismanagement ; and the result was that, 
 while you have Mr. James Tichborne declaring he knows his duty 
 as a father, and that nothing shall prevent his sending his son to 
 England, the mother says— "Wait till to-morrow, and we Avill see 
 Avhether he shall go to England or not ;" and the result is that she 
 gets the A-ictory, and so this poor lad receives only a defective educa- 
 tion, of AA'hich AA^e see the consequences exhibited in his total AA^ant of 
 everything in the shape of the knoAvledge that at his age he should 
 have possessed at the time he Avent to Stonyhurst. Let me read this 
 letter, Avhich, as I have said, gives a thorough insight into the 
 interieur of this unfortunate family, and which might possibly be con- 
 sidered as misrepresentation on the part of a husband addressing 
 complaints to his AAdfe's father, Avere it not borne out to the very 
 letter by Roger himself in the numerous instances in which he refers 
 to his mother's conduct toAvards both his father and his relations. 
 "Paris, May 21st. My dear Seymom-. By the time this reaches
 
 ( 27 ) 
 
 yoii, you Avill already have received a letter from Mons. Cliatilicni 
 wliicli I requested liim to -v^Tite to you saying liow very ill I was, 
 and I lament to add that I am still suffering dreadfidly from the 
 horrid sciatica, and can get but little rest cither night or day" — then 
 he talks about the pain he has to undergo, and I pass that by 
 because it is not material here — " You may with good reason com- 
 plain of my great inexactitude in writing to you, mais quand on est 
 aussi malheiu-eux que je le suis, on est guere dispose a ecrire ; how- 
 ever, as all things in this low Avorld must have an end, I am obliged 
 to tell you plainly that I can no longer bear the cruel, unkind treat- 
 ment I experience from Harriet, Avhose violence of temper seems to 
 increase daily, and she seems to have no other idea in the Avorld than 
 making me as miserable as she possibly can, and in this, unfortu- 
 nately, she succeeds to her heart's content, and I cannot but attribute 
 my frequent indisposition to my Avretchedness and anxiety of mind. 
 After the severe affliction it has pleased the Almighty to visit me 
 with, I feel daily how necessary it is for me to pass the remainder of 
 my days in peace and quiet, and that, Avith her, is morally impossible, 
 as INIons. Chatillon, who is but too frequently the object of her 
 violent language, can vouch for as Avell as myself. To my family 
 and relations she has long manifested the most bitter aversion, 
 though I Avill maintain they have ever expressed themselves in the 
 most kind and aflectionatc manner toAvards her, and abuses them as 
 Avell as myself in no measured terms. The grand object she seems 
 to aim at is to alienate me from all my family, and to make a 
 Frenchman of Roger ; this believe me I neither can, or ever Avill, 
 submit to. Some time ago my brother Robert Avrote to me to say 
 that he AA^as very desirous of seeing me, and AA^ould come and pass a 
 fortnight Avith me, Avhich, as you may imagine, gave me a very great 
 pleasure, as I am very much attached to my brother, little sup- 
 posing that his \dsit Avould have been attended Avith results so painful 
 and humiliating to me OAving to the rude and unkind conduct of my 
 Avife toAvards him — avIio Avas constantly abusing him, and quarrelling 
 Avith him during the short time he remained here, so much so, as 
 even to astonish both Mons. C. and myself, though aa^c kncAv her so 
 Avell, but she quite surpassed herself. Figvu-e to yourself what I 
 must have felt ! I am obliged to OAvn I was in some measure pre- 
 pared for this, as she shoAved more than usual ill humour from the 
 moment she knew he AA^as about to pay me this visit, but not sup- 
 posing it possible she Avould go to the length she did, I had not the 
 heart to tell him not to come ; I noAv regret it both for his sake and 
 my OAvn. I must now make you acquainted with my plans, and 
 trust they may meet with your approbation, at the same time be 
 assiu'ed, by dear Seymour, I shall CA^er feel most grateful for any 
 advice you may give me touching the subject I am about to enter
 
 ( 28 ) 
 
 upon, as I can assure you that I liave the best opinion of your judg- 
 ment and experience." Then comes the more important part. 
 " My dear Roger is now, thank God, in good health, and the time 
 appears to me as well as to others to be now arrived when it is abso- 
 hitely necessary that he should go to school, and it strikes me, more- 
 over, that if this plan is not adopted, it will be of the greatest possible 
 disadvantage to the child, whose future Avelflxre I feel myself respon- 
 sible for" — Of course, as a father he would feel and would be bound 
 to fcel for the future welfare of his child — " Mous. Chatillon tells me 
 candidly that he can be no flu'ther use to him, and indeed intended 
 quitting us in the course of a few months ; he has done everything 
 he could for Roger, but he is thwarted and Avorried by Henriette till 
 he can stand it no longer ; he is very much attached to Roger, who 
 deserves it, as he is an amiable and well-disposed child, and I flatter 
 myself will get on extremely well at school." Then there are some 
 passages relating to his wife's carelessness in dress, and dirty and 
 slovenly habits, of which he, the husband, naturally complained. I 
 pass those over. Then he writes — " Friday. I began this yester- 
 day, but was too fatigued to finish it. My brother Robert intended 
 remaining a fortnight Avith me, but was completely driven away by 
 the treatment he experienced from my wife, and cpiitted Paris last 
 Tuesday, and is by this time arrived in England. Henriette's 
 violent hatred to my poor sister is such that I never asked her here 
 during the short time my brother was with me, though I can posi- 
 tively assure you that my sister is perfectly innocent of ever having 
 done anything to offend Henriette either in word or deed." Then he 
 speaks about his own condition, his illness and pain, and then goes 
 on : " I have not as yet decided where I mean to place Roger, I 
 cannot decide until after I have consulted with Doughty ; I expect 
 he will recommend Prior Park, which establishment he whites me 
 word is carried on upon a most admirable plan. Having passed the 
 winter at Bath, he had frequent opportunities of visiting it in all its 
 details, and approved of it most highly, so that the objections you 
 ever entertained towards this establishment I am inclined to siqipose 
 no longer exist, and the system of education is reported to be very 
 good, but of this more hereafter. I can assure you my dear friend," 
 this poor man writes, " that it has cost me many a sigh and many a 
 tear to have written you all these melancholy details of our intcriem* ; 
 I am very low and out of spirits, which is very natural Avhen I see 
 all the hopes of my future happiness blighted and gone for ever. I 
 have done everything that depended upon me for peace and quiet; 
 but which, unfortunately, I have never been able to obtain, and I 
 now seem to be an object of pity and compassion even to my ser- 
 vants; both Mons. Chatillon and my faithful Gossein have long 
 witnessed my melancholy and dejectcdness. I have not room lieve
 
 ( 29 ) 
 
 to tell you all I could Avish, but Vv'licn avc next meet I will mention 
 some circumstances that will astonish you. In all probability I shall 
 take Roger to England towards the middle of July, and, shoidd it be 
 agreeable to you and Mrs. Seymour, our first visit will be to Knoylc. 
 I must apologise for this very long letter. I claim your indulgence 
 to reflect upon its contents before you answer mc. Our darling little 
 Alfred comes on remarkably avcII, and is a beautiful child and the best- 
 tempered fellow you could wish to sec. My kind and affectionate 
 love to all, and I beg to offer my sincere congratulations to Jane upon 
 lier entree dans le monde, and pray that she may find everything 
 coleur de rose, which cannot fail being the case with such kind and 
 affectionate parents as she is blessed with. And now adieu, my dear 
 Seymour. Believe me ever yours very sincerely and faithfully 
 James Francis Ticiiborne." 
 
 For -wi'iting that letter the dead man has been called " a degraded 
 slave." I confess I can see nothing but the tender anxiety of a loving 
 flither, with, at the same time, the weakness of a much too-indulgent 
 husband. If any one can see anything else in it, be it so; but that 
 is the view of the writer which, to my mind, that letter presents. At 
 all events, it shows the mischievous influence and power of an ill- 
 judging selfish mother, who preferred the gratification of having her 
 child perpetually about her to having the future welfare and good of 
 that child secured by proper education. To that mischievous influ- 
 ence Roger's future misfortunes are in a very great degree to be 
 ascribed. ]\Ir. James Tichborne in that letter expressed the firm 
 resolve and determination of a father to exercise his power to send 
 his boy to school, and to send him to school in England ; but, it Avas 
 not so to be ; the mother prevailed, and his hasty resolves melted 
 away before her cool, calm, determined attitude, and the boy did not 
 go. A compromise, however, took place for the moment ; Mrs. Tich- 
 borne yielded, as it seemed, in some degree, but yielded only to be 
 victorious very speedily afterwards. The matter was compromised 
 between the husband and wife, the father and mother; and it Avas 
 arranged that, instead of going to school in England, as he shoidd 
 have done, to be broiight up with a view to his future position as an 
 English gentleman, the boy should be sent to a school at Paris — an 
 excellent school, if he had been alloAved to stay there. It was a school 
 kept by one of the distinguished men of our day, at that time a school- 
 master, noAV an exalted bishop, M. Dupanloup, the Avell-known 
 Bishop of Orleans. If an institution for the purpose of education 
 was likely to be well conducted and to lead to useful and satisfactory 
 results, it might hn,ve been expected from one Avhich Avas vmder the 
 direction of such a man ; Ijut no sooner Avas the boy there than 
 Mrs. Tichborne must needs interfere, and insist that he should be 
 exempt from the ordinary discipline of the school, and form an excep-
 
 ( 30 ) 
 
 tion to the general course of education ; that he should not learn too 
 much, and that he should not be treated like the other boys • upon 
 which INI. Dupanloup naturally said, " Your son must be subjected 
 to the discipline of my establishment and must be under my entire 
 control and direction ; I will not undertake the education of any boy 
 who is not ; and if you are not satisfied with your son being dealt 
 with like the other boys, I must request you immediately to remove 
 him." She accepted the alternative and did remove him. AY ell, 
 Chatillon had given the thing up ; he would not bear her worrying 
 and disturbing interference any more, and they got him another tutor. 
 La Forit ; he could not stand it either, and went away very soon. 
 Tlien there was a difficulty in finding a tutor, and the Abbe Salis, 
 who was living in the same house, kindly took the boy in hand ; and 
 according to the account which the Abbe Salis gave us of him, 
 although the boy was very backward indeed, yet still M. Chatillon's 
 tuition had not been altogether devoid of fruit, and he knew a little 
 something ; and when the Abbe Salis attempted to teach him Latin 
 and put him to construe the " Epitome of Sacred History" in Latin, 
 he says the boy did not do so badly for a beginner ; and if he had 
 been placed in good hands, I think there is nothing to lead us to 
 suppose that Roger Tichborne had not fair average abilities, and 
 might not have been educated like anybody else. But the Abbe 
 Salis, not being a schoolmaster, only did this out of kindness to 
 the parents until they found a tutor, and then they got hold of a 
 Mons. Jolivalt, and for three or four years the boy was committed to 
 the care of Jolivalt, who appears, according to all the evidence, to 
 have allowed him to waste his time in uninterrupted idleness, and 
 did nothing with him but walk about Paris and take him to cafes 
 and billiard-rooms instead of keeping him at home and instructing 
 him. No wonder that in speaking of this Jolivalt afterwards in one 
 of his letters, Mr. James Tichborne calls him "that scoundrel 
 Jolivalt." Under this sad management this poor lad remained 
 during the rest of his life at Paris till the age of 16^, and it was then 
 only by stratagem that the father succeeded in withdrawing him 
 from the mother and placing liim at Stonyhurst. We Avill come 
 presently to the circumstances under which he was taken to Stony- 
 hurst, but there are one or two more subjects on Avhich Ave must 
 dwell for a moment before we leave the Paris life of Koger 
 altogether. 
 
 We have been speaking of his secular education. A word as to 
 his religious instruction. He Avas placed at an early age under the 
 direction of the Pere Le Fe\Te, a preacher of repute at Paris. But 
 as the latter lived at some distance fi-om the Tichbornes, Roger was 
 pi'epared for his first communion — for which Avith Catholics children 
 are regidarly ]^repared, as they are AA'ith Protostnnts for confirmation
 
 ( 31 ) 
 
 — by the Pere Humbert, one of tlie vicars of the Church of the Assump- 
 tion, at which church, and not at the Madeleine, Roger received his 
 lii'st communion. Afterwards Pere Le Fevre was his confessor, 
 Roger confessing to him at regular intervals so long as he remained 
 at Paris. Such is the effect of the French evidence. It is to be 
 observed that it directly contradicts the statements of the defendant, 
 Avho knows nothing of the Pere Humbert, and Avho says he received 
 his first communion at the IVIadeleine ; who does not know even the 
 name of the Pere Le Fevre, and says the Abbe Salis was his 
 confessor, while the Abbe denies that Roger ever confessed to him in 
 his life. 
 
 Next, as to the acquaintances and friends of Mr. and Mrs. TIch- Acquaintances 
 borne ; because as to them the knowledge and memory of the 
 defendant has also been tested. It appears that Mr. and Mrs. James 
 Tichborne, though very comfortably off, did not go much into 
 society, nor did they entertain much ; but there were certain intimate 
 friends who were constant visitors and guests at the house — what the 
 French call habitues de la viaison ; and first amongst these Avas an 
 old retired officer, General Count de IMondreville, Avho appears to 
 have gone in and out of the house as if it had been his ovm ; Avho 
 Avhen taking his morning walk used to call as a matter of course, 
 and have a chat with his old friends, and went there to dine Avheu 
 he liked without any invitation ; there Avas ahvays a coA^er for General 
 de MondrcA-ille, and Chatillon tells us that he dined there sometimes 
 five or six times a AA^eek ; so that he was on the most perfect terms of 
 intimacy that one can imagine short of a brother's. He was particu- 
 larly fond of Roger; made a pet of him, and used to make him 
 presents ; and he appears to have made him tAvo presents, neither of 
 AA'hich Avould haA^e been throAvn aAvay like a child's plaything, but 
 Avliich Avould remain and constantly keep up the remembrance of the 
 man aa ho had given it. One AA^as a gold Avatch ; the other Avas a gold 
 pin Avhich he gave him upon the day of his first communion — a day 
 among Roman C'^.tholics to which great importance and observance 
 is attached. Tlia, upon that occasion M. de Mondreville made 
 Roger the present of a pin Ave know from the fiict that in 1847 
 Roger Avrites to his mother fi-om Tichborne, where he Avas staying 
 during his holidays, to request that she AAdll send him over the pin 
 Avhich he says " M. de Mondreville gaA^e me on the occasion of my 
 first communion. It is a gold pin Avitli a heartsease." So that up 
 to that period Roger Tichborne had a A^eiy distinct recollection of 
 M. de MondrcAdlle ; and if he got that pin, as no doubt he did, and 
 wore it, it would serA'e to keep alive the memory of his old fi-iend. 
 Another intimate friend was Mons. D'Aranza, a Spanish gentleman 
 living at Paris, and Avho, though not quite so intimate as General de 
 Mondreville, seems to have been a constant visitor, and to have dined
 
 ( 32 ) 
 
 very frequently indeed witli tlie Ticlibornes. Then comes tlie Abbe 
 Salis, the " infamous priest," as the counsel for the defendant ventures 
 to call him, whereas all I can say is that it struck me, so far as one 
 could judge from appearances, that a more respectable and worthy 
 ecclesiastic I did not remember to have seen. Whether he is entitled 
 to the epithet which from his rich and inexhaustible vocabulary of 
 vituperation the learned counsel applied to him, I do not know; 
 certainly, it did not strike me so. However, whether the Abbe 
 Salis was a worthy man or not, he was another very intimate friend 
 of the Ticlibornes. There are one or two other acquaintances, but 
 not so intimate as those to whom I have referred. But there were 
 other people in Paris with v^hom Roger Tichborne would, of course, 
 become intimately acquainted. Mr. and Mrs. Nangle, his uncle and 
 aunt, were living in Paris; they had four children, two sons and two 
 daughters living Avith them, and it appears that although Mrs. Nangle 
 did not go much to the house of her brother in consequence of the 
 unkind and harsh treatment she received at the hands of her sister- 
 in-law, the tutors used, I daresay by the direction of Mr. Tichborne, 
 and very likely without the mother being always informed of it, to 
 take Roger to Mrs. Nangle's, and then one of the Nangle boys 
 would go out walking with them, and they woidd amuse themselves 
 in the Tuileries Gardens. All these were persons with whom Roger 
 Tichborne Avoidd become familiarly acquainted. There were also 
 one or two other people he knew, amongst others Sir Clifford 
 Constable, then a boy staying with his parents in Paris, who became 
 his playmate and associate. 
 Servants. Next, as to servants. If there is anything that makes an im- 
 
 pression on a boy, it is the kindness and attention which an old 
 servant in an establishment naturally shows to a child of the 
 family. He becomes the helpmate, as it were, of his amusements, 
 his games, his play ; he mends his playthings for him ; he does a 
 thousand kind offices which a child, you know, appreciates, and when 
 he grows up seldom forgets. If there was any old servant who had 
 watched Roger's growth from his infancy to the age of adolescence, 
 he would not be likely to forget him. Was there such a servant ? 
 Yes, there was — Gossein. Gossein became his father's servant, his 
 personal servant, and the head confidential servant of his household, 
 when Roger was a year old, so that he knew him in the nurse's arms ; 
 he saw him grow up from childhood to boyhood, to youth. He left, 
 it is true, before Roger Tichborne quitted Paris, but he did not lose 
 sight of him, for Avhen Roger Tichborne afterwards, before his final 
 dejiartnre fi'om this part of the world, Avas at Paris, he went to pa}' a 
 visit to him. He did not tell the old servant, AAdiom he met in the 
 street, to come to see him ; he AA^ent and paid a visit to the man to 
 slioAA' his regai'd and respect for him. You Avill judge for yourselves
 
 ( 33 ) 
 
 by-a,nd-by, wlicther you would expect tlmt Roger Ticliborne, even 
 after the lapse of many years, would have entirely forgotten, as 
 though he had never existed, all recollection of the man whom 
 his fethcr calls his "faithfid Gossein." Gossein remained in the 
 service fi-om 1830 to 1814, a period of thirteen years, up to the time, 
 therefore, Avhen Roger was fifteen years of iige. lie was succeeded 
 by a man of the name of Burden, avIio was called before you. Now, 
 of course, the position of Roger Ticliborne relatively to Burden was 
 a different one from what it had been relatively to Gossein ; becau.se, 
 as I have said, Gossein had seen him grow out of the nurse's arms, had 
 seen him a little toddling child, and then had known him from boyhood 
 up to half-youth. Burden saw but comparatively little of him, but still 
 from the time Roger left Paris, in 1845, was in frequent attendance 
 on him. On all occasions, when Roger was with his father in 
 England, or when Roger went to Paris and visited his father. 
 Burden paid the same attention to Roger that he paid to his father 
 in the Avay of personal attendance and care. He says that on the 
 very last night that Roger ever spent in Paris, Roger being then 
 suffering from asthma or a throat complaint, he put a poultice on his 
 chest and nursed him, and attended on him. Here, again, you must 
 judge how far it is possible for a man to fail to recollect the person of 
 a servant whose attendance he has had to that extent. It was on the 
 occasion of that visit to Paris that Roger paid the visit to Gossein 
 to which I have just now adverted. 
 
 There is one more subject connected with the French life of Roger Excursions, 
 to which I have to call your attention, namely, the excursions which 
 the family Avere in the habit of making every year. It seems that 
 Mr. Ticliborne, sometimes accompanied by his wife, sometimes not, 
 was in the habit of making a trip or excursion every year during the 
 summer months. He usually left Paris in the month of June, and 
 after remaining away June, July, and August, returned to Paris in 
 September. In 1839, Mr. Ticliborne, with Roger and Chatillon, 
 went into Brittany, to a place called Pornic. An incident of their 
 stay at Pornic has formed a marked feature in the history of this case 
 and in the examination of this defendant. I shall come back to it 
 hereafter, when, in connection Avith the life of Roger, I deal with the 
 statements and recollection of the defendant, more particularly as to 
 what relates to the accident that happened there. Suffice it for the 
 present to state that, on the occasion of this visit, there occurred the 
 accident to which so much importance has been attached. Pornic is 
 situated on the sea, not, as the defendant supposed, near a lake. It 
 is a small seaport, but to which persons also resort for the purpose of 
 sea-bathing; and it appears that Chatillon and Roger were in the 
 habit of bathing at the place appropriated for that purpose. On one 
 occasion they had come out of the water, and Chatillon was dressing ; 
 
 D
 
 ( 34 ) 
 
 the boy had ah^cady put on his clothes, when a vessel coming in 
 under full sail attracted his attention, and he jumped up upon an 
 eminence, a prominent, jutting portion of the rock, to watch the ship, 
 calling out to Chatillon to look at this vessel which was coming in. 
 While he was doing this, his foot slipped and he fell and struck his 
 head; and it is alleged ou the part of the defendant, that he had his 
 head cut by falling against the projecting rock, that it left a scar 
 upon the back of the head, to which scar he points and says, " There 
 is a scar corresponding with the scar that would have been occasioned 
 by that accident : you can have no better proof that I am Roger 
 Tichbome." 
 
 This is, no doubt, a circumstance deserving of serious consideration ; 
 because, if Roger's head was cut by that fall, and if the defendant 
 can exhibit a scar apparently resulting from a similar Avound, it is a 
 strong fact in his favour, though not conclusive, because a man might 
 get a cut on his head from any other cause. You heard the other 
 day of the cut on a boy's head from an oyster-shell throAvn by 
 another boy, and this cut may not have been produced by a fall fi'om 
 a rock, especially if an eye-Avitness says there was no wound 
 occasioned by the fall which would leave a scar. But all that is 
 matter for future consideration. Suffice it now to mention that Sir 
 James, and his son, and Chatillon w^ent on that occasion to Pornic. 
 The next year the wdiole of the family, including Lady Tichborne, 
 went to the Pyrenees; that is in 18-iO. Gossein gives an account 
 of those journeys, and says that the next year they went to the 
 Pyrenees again. The next year the family Avent to Germany. 
 Thus, each year, in the years leading up to 18-43 — 1840, 1841, 
 and 1842 — there was an excursion, and in each of those years Mrs. 
 Tichborne was one of the party; they went twice to the Pyrenees 
 and once to Germany. In 1844 Gossein tells us that the father, 
 and Roger, the nurse, and the little boy, Alfi-ed, with Jolivalt 
 the tutor and himself, all went to Brittany; and in 1844 the same 
 party made the same journey to the same place. In the last year, 
 1844, Roger Avrites to his mother, Avho had remained at Paris, giving 
 her an account of an expedition they had made to Jersey by the 
 steamer ; he refers to his brother, — I shall have to come to this again 
 by-and-by, — by the name of " Belle Tcte," which no doubt Avas a 
 familiar term of endearment Avhicli the mother was in the habit of 
 applying to her fair-haired boy, who appears to have been, according 
 to all accounts, a remarkably pretty child, Avitli one of those curly 
 heads of hair Avhich are so attractive in children. That was the last 
 excursion which AA^as made before Roger came to England. 
 
 Coming to In June, 1845, Sir Henry Joseph Tichborne died, and it occurred 
 
 "^ ^" ' to Mr. Tichborne that this Avas a good opportunity, AA'ithout incurring
 
 ( 35 ) 
 
 a furious storm and tempest Avitli liis wife, to steal the lioy away, as it 
 were, and to bring liim to England, and put him to school. I suppose 
 he thought that when the thing was done, it would be more easy to 
 bear the brimt of Mrs. Tichborne's reproaches than it would be to 
 brave the storm of her wrath by endeavouring to take the boy and 
 drag him aAvay from her when he was at Paris. He accordingly 
 brought him over without saying a word of what he intended to do, 
 imder the pretext of the boy's attending his uncle's funeral ; but 
 when he got him here, he took good care that he should not go back 
 to Paris ; and having consulted Avith Mr. Seymour, at Avhose house 
 in tOAAai he went to stay after having attended the funeral of Sir 
 Henry, he determined, Avith the concurrence and approbation of 
 Mr. Seymour, to place the boy at Stonyhurst; and he took him 
 there accordingly. We knoAv from a letter of Mr. Seymour to INIrs. 
 Hopkinson, his mother-in-hiAv, and from an entry made in Lady 
 IlaAvlinson's diary at the time, that the father himself took the son to 
 Stonyhurst (although this is a circumstance Avhich the defendant 
 ignored and positively denied), and placed him there. They left 
 London on the 30th of June, 1845, for Stonyhurst, and arrived 
 there on the first of July. They were received by the head of the 
 establishment. Father BarroAA^ Avho Avas Rector at that time ; but 
 Father BarroAV Avas in very infirm health, and instead of doing Avhat 
 it appears Avas usually done by the rector of the establishment Avhen 
 a father brought his son doAvn to Stonyhurst to place him there — 
 instead of takins: them over the establishment himself — he handed 
 them over, OAving to his bad state of health, to the Reverend Father 
 Waterton, Avho at that time Avas the prefect of the philosophers, in 
 Avhicli class or body Roger Avas al)out to be placed, and Father 
 Waterton took them over the Avhole institution. Before he did that, 
 the rector sent for the Viscoimt de Brimont, Avho Avas a cousin, some- 
 Avhat remoA-ed, of Roger, and who tells us it Avas OAving to his being 
 at Stonyhurst that Roger was placed there, and M. de Brimont 
 accompanied the party in going over the establishment, and after- 
 Avards they all Avalked out together and dined Avith Mr. Tichborne. 
 
 Now the placing of Roger at Stonyhurst was Avith the entire, 
 and ready, and joyful concurrence of Roger himself It is quite 
 plain from the boy's OAvn letters that he Avas fully sensible of the 
 disadvantages under Avhich he laboured, and of the mischievous 
 consequences of the life to AAdiicli he had been subjected ; and he 
 rejoiced Avitli all the Av^armth of a youthful mind to feel that he Avas 
 emancipated from a control and influence Avhich Avere only pi'oductive 
 of mischief and disadvantage to him, and that he Avould noAv liaA'c an 
 opportunity of improving himself and making some amends for the 
 defective education AA'hich he had thus far had. He Avrites to his 
 mother on the very day after he arrived at Stonyhurst. The letter is 
 
 d2
 
 ( 3G ) 
 
 in French, but we have the translation of these letters by Mr. INIark- 
 lieim, and I will read the translation. The letter is of the 2nd of 
 July. " My dear Mamma, — I entered college yesterday July the 
 first. We came at half-past twelve from Preston ; when we arrived 
 we Avent to see the superior, who is a very agreeable man, and 
 received us very well ; he showed us the establishment with great 
 pleasure. The establishment is magnificent, the park very extensive, 
 and one thing Avhich is very beautiful is the avenue by which one 
 arrives at the college, which is nearly two miles long, and is very 
 large. The appearance of the house is magnificent ; there is a very 
 beautiful church, besides several chapels. I am very Avell where I 
 am. I shall be in the class of philosophy. I have a room, and shall 
 work in one room, and shall foUow the courses that they follow in the 
 college. I shall be under the direction of Father Waitersone, who 
 you used to know, and who will be my superior. I am very well 
 pleased where I am, and my health, far from being impaired, stands 
 much fatigue, and I gain health and strength. Adieu, dear mamma. 
 I embrace you vdth all my heart, and be always sure of my unbounded 
 obedience" — which is what she so strongly inculcated — " Your very 
 affectionate son, Roger C. Ticiiborne. I pray you, dear mamma, 
 not to make yourself uneasy about the part papa has taken." Now, 
 Avhat the state of mind produced in Lady Tichborne Avas when she 
 came to hear of the bold step which her husband had taken in placing 
 her son at Stonyhurst instead of bringing him back to Paris, may be 
 best gathered, I think, from what she did. I should have been very 
 sorry to have been in the place of poor JNIr. Tichborne when he got 
 back ; but Roger Avas far away, and she could not visit him with the 
 same manifestations of displeasure, but she did what she could. The 
 poor boy Avrote to her a series of letters ; but for tAvelve Avliole months 
 she never took the slightest notice of him. He had been the willing 
 subject of his father's authority, as a boy should be ; he knew that 
 what his father had done for him was done for the best, and he had 
 gladly acquiesced in it ; but so angry was the mother, that she visited 
 him Avith her displeasure in that form — she never took the slightest 
 notice of him or of his letters for tAvelve months. She appears to 
 have done more, to have sent over JoliA^alt for the purpose of getting 
 him away ; for I find that her husband, in a later letter written in the 
 year 1857, A\'hen he is reproaching her Avith some matters connected 
 Avitli pecuniary affairs, says this : — " I say nothing of the sums of 
 money you thought proper in my absence to laAash upon that scoundrel 
 Jolivalt in purchasing pictures, and other sums of money you furnished 
 him to pay his jom-ney to England to drag Roger aAvay fr-om college" 
 — from which it would appear that she actually Avent the length of 
 sending this man Jolivalt OA'cr to England to get Roger aAvay from 
 the college, in defiance of her hiisband and his marital and parental
 
 ( 37 ) 
 
 authority. If she made any such attempt, as from this language one 
 would be led to infer she did, it did not succeed. The boy remained ; 
 he wrote to her for twelve months and got no answer, and at last he 
 wrote her a strong, resolute, determined letter. I do not knoAv why, 
 but this letter, though put in, does not appear to have been translated 
 by INIr. Markheim ; however, if you will trust to me, I will translate 
 it as I go along. I should here observe, Avhat I observed early in the 
 cause, that it is impossible to conceive anything more deplorable than 
 the ignorance of French grammar and spelling exhibited in these 
 letters of EoQ-er Tichborne. Whatever M. Chatillon had done for him 
 in the way of teaching him to spell and \^Tite, or in teaching him the 
 first elements of grammar, must have been entirely lost. There is no 
 porter in the street, no servant, however humble, in a French estab- 
 lishment, Avho could wa-ite worse than these letters of Roger are 
 written ; and you will find that as soon as he had learnt the rudi- 
 mentary rules of English grammar, and had become at all familiar 
 with English orthography, he takes to writing English to his mother. 
 He did not ^ATite to her in French beyond the time when he found he 
 could Avrite English. However, one can make out the meaning of 
 the letter, and I will read it to you in English in the best way I can. 
 " My dear JNIamma, — I cannot explain your long silence with respect 
 to me in the different points of view which I am about to detail to 
 you, and which are things Avliich you ought to know as well as I do. 
 You must not think that I desire to be wanting to you in the facts 
 which I am about to recall to you, but it is necessary I should explain 
 them for my own satisfaction, and to have some explanation as to 
 your silence in respect of me. Since I have been at college I have 
 written you many letters which have remained without an answer, 
 but at length it is now time that I should come to the subject on 
 wdiich I am writing to you, and which I pray you not to take amiss, 
 for there are explanations which are necessary. In the first place, 
 you have opposed my coming to England, a thing Avhicli you have 
 been very MTong to make any opposition to, but it is now done, and 
 one must not always look to the present, but also to the future, which 
 is by far the more important. In the second place, yovi have Avanted 
 to set me at enmity Avith my family by all sorts of means, but I must 
 tell you I have never believed AA-hat you have thought proper to tell 
 me on this subject, though I sometimes may have appeared to think 
 as you did. In the first place, you said I ought not to go to college, 
 but I teU you openly and plainly I Avent of my OAvn free and entire 
 will, and it Avas the thing of all others that Avas the most necessary, 
 and still more, I greatly regi-et that I was not placed there earlier, 
 for then I should not find myself in the situation in Avhicli I am at 
 present" — I suppose he felt very sensible of hoAv backward he Avas in 
 point of education, and hoAV seriously its effect told on his position. —
 
 ( 38 ) 
 
 *' You have always wanted to make me pass for being in delicate hcaltli, 
 and you have said it so long and so often that you have at last succeeded 
 in making my papa believe it. You know veiy well it Avas not the 
 case. Another thing which I ought to state ; you may remember I de- 
 tested the life you made me lead Avhen I was in Paris, and how I sighed 
 to be delivered from it, and I assure you I had the most thorough 
 determination to emancipate myself from it as soon as possible. The 
 opportunity presented itself, and }'0u may well think I availed myself 
 of it with the greatest possible joy. Do not be offended with me for 
 all the things I have reminded you of; they are facts which are only 
 too well known to you, and it is difficult to deny flxcts. I beg you to 
 ■write me some lines to give me an answer upon all that I have said 
 to you, and if you can tell me I have said anything Avhich is not the 
 truth, I will then give you further explanation upon any of the sub- 
 jects contained in my letter, and if you do not answer me then, I can 
 say that all I have said to you is perfectly true, and that nothing 
 can be more true. I am your affectionate son, Roger Charles 
 TiCHBORNE. I beg you most earnestly to deliver the letter which 
 is contained in this to M. I'Abbe Salis." 
 
 Such is the letter he w rites to his mother after a year of silence on 
 her part, and it appears that that letter produced an answer to him, 
 and a contemporaneous letter to the president or rector of the estab- 
 lishment of Stonyhurst ; and in that letter Mrs. Tichborne appears 
 to have been so ill-judging as to enter into the details of her 
 grievances against her husband's family, if not against her husband 
 himself. This letter to the superior, I presume, Avas shown to 
 Koger, in consequence of Avhich he writes the folloAving letter to his 
 mother : " Dear Mamma, — I was very sorry that you did not under- 
 stand the meaning of the letter I wrote you some time ago. I had 
 hoped that you would understand better than you did what that letter 
 meant ; for I can assure you I Avas A^ery much astonished not to 
 receive any ansAver after all the letters I Avrote you (and this diu'ing 
 a Avhole year), and it Avas that Avhich led me, hoAvever reluctantly, to 
 AA^rite to you as I did, in order to haA'e some explanation from you 
 and to knoAv Avhat Avere your grievances against me. In the letter I 
 receiA^ed from you yesterday Avas a host of things Avhich I kncAV 
 perfectly Avell, and you don't say a Avord about Avhat I Avoidd have 
 wished to knoAV. Amongst other things, I Avished to knoAV if that 
 nurse had left at last, for then I should look upon your peace as 
 secure, for the slanders and calumnies of that Avoman are, as you Avell 
 know, inexhaustible. Don't mention to anybody that I have told 
 you this. I thought you shoAved the most inconceivable indiscretion 
 in talking of your private matters, as you did in yovir letter to the 
 college rector. I never thought you could haA'e spoken as you did, 
 and expose in broad daylight the dissensions Avhich exist between you
 
 ( 39 ) 
 
 and my family (as alleged by you), and so make all the world a party 
 to your own private matters, and matters, too, which should remain 
 concealed from all the world, and I say without fear of contradiction 
 from any one, that you will always lose by so doing more than you 
 can gain, for you must be well aware that one is often sorry for 
 having said too much, but seldom for having said too little ;" — there 
 is a good deal of sense in that — " I do trust that in future you will 
 not so compromise all those persons who have never spoken a word 
 against you, as you believe. And, indeed, in so doing you compro- 
 mise yourself, because it proves that you cannot keep family secrets, 
 which is of the utmost importance, to preserve the honour and 
 character of any family. I have nothing more to say at present. 
 I hope you will answer me as soon as you receive my letter, and then 
 I could tell you more about the subjects I have mentioned in it. 
 Kiss Alfred lots of times for me, and thank M. I'Abbe Huet for his 
 kind remembrances, and remember me to him. Your very affec- 
 tionate son." 
 
 There are one or two more letters which I will now read, because 
 they close the Stonyluu^st correspondence with his mother. On the 
 2nd of September in that year he writes to her thus : " I received your 
 letter yesterday morning, and I hasten to reply to it as soon as possi- 
 ble. I Avas singularly surprised to find Avhat I did find in your letter, 
 especially such an inconsistency as that which appears at the end of 
 the third page and the beginning of the foiu-th, and moreover there 
 is no end to what you say against my uncles and aunts, and further, 
 you charge them with a host of things they never thought of. But 
 it has always been unfortunate that you should fancy a number of 
 things Avhich have never existed, and which have only made you 
 unhappy. I shall stop short, for I could dwell on this subject at 
 much greater length, but as I know it would annoy you, I shall say 
 no more." This letter was written fl'om Tichborne, and he adds, 
 what I have no doubt was by no means pleasing to Lady Tichborne : 
 " I came here about four weeks ago. I am enjoying myself. I go out 
 shooting, and I send you the first fruits of my sport consisting of three 
 partridges Avhich I hope you Avill like, which would give me great 
 pleasure." To this letter his father appends this significant post- 
 script — " Dear Roger is in perfect health, and enjoys his shooting 
 excessively, he sends you three fine young partridges — les premices 
 de la chasse. He is in great want of his watch which he left with 
 Steinman to be repaired, and wishes to have it sent him with the pin 
 which Mons. de Mondreville gave him. Alfred is full of health and 
 beauty ; try and get rid of that absurd idea that their uncles set them 
 against you, but we all regret the violence of yoiu' antipathy against 
 them, which is the cause of much misery to me and of great displeasure 
 to Mr. Seymour." Then there is another letter from Roger, of
 
 ( 40 ) 
 
 Avhicli ilic only important part is the postscript. " I think you have 
 the pin which M. dc INIondrcville gave me on the day of my first 
 communion. I am very anxious you shoukl send it to me. You 
 remember it is a heartsease" (Pensee). Anotlier letter, Avritten 
 September 20th, 1846, closes the series of French letters -written to 
 his mother, Avhich, you Avill observe, continued to the middle or end 
 of 1840. After that time he writes to his mother in English. In 
 the course of a year or eighteen months from his first arrival at 
 Stonyhurst his English had considerably improved, which enabled 
 him to Avritc with greater ease in English than he could do in French. 
 Now these early letters are by no means unimportant : they are the 
 key to much in his after conduct, as showdng that, at this early 
 period, in the first place, he thoroughly appreciated his mother's 
 character, and, in the second place, Avas profoundly sensible of the 
 injustice of her aversion and hatred towards his father's family ; next 
 that he was perfectly conscious of the disastrous effect which, her 
 injudicious treatment had had upon himself, and, lastly, that even thus 
 early he had made up his mind to that Avhich, to the last hour of his 
 undoubted existence, w^as the ruling guide and determination of his 
 conduct, namely, not to submit to his mother's influence ; not to 
 allow hei*, although he might be expressing a profound sense of the 
 filial duty Avhich a son OAves to his mother, in any Avay to control, 
 direct, or influence his conduct and actions. You Avill find, in future 
 letters of Roger Tichborne, and in future portions of his conduct, 
 how thoroughly that determination prevailed Avith him, and influenced 
 him to the very end. 
 
 Life at Stony- Gentlemen, Ave have noAv reached the time Avhen Roger Tichborne 
 ^"^'^*- was settled at Stonyhurst. We find that he Avas placed among that 
 
 portion of the residents at Stonyhurst called the Philosophers, and it 
 is necessary Ave should have a clear and distinct understanding of 
 Avhat is meant by that term. I am very much disposed to think that 
 upon the former trial, AA^hen the defendant Avas imder cross-examina- 
 tion, a good deal of confusion Avas created by an omission in this 
 respect. We ought to distinguish between the philosophers as a class 
 at Stonyhurst and the general body of students receiving their educa- 
 tion at that institution. It seems to have been thought on the former 
 occasion that in many respects students and philosophers Averc sub- 
 ject to the same discipline and the same rides. It is not so ; they 
 arc two essentially distinct bodies. Stonyhurst is an institution (at 
 all events, it Avas then, and I suppose it is not materially different 
 noAv) in Avhich an attempt Avas made to combine a school with a col- 
 lege properly so called. Its primary purpose for education Avas that 
 of a school ; the number of those called philosophers Avas com})ara- 
 tively very small, and the primary purpose, as I say, Avas a school.
 
 ( 41 ) 
 
 Every boy staying there long enongli passed throngli seven classes. 
 Entering at a convenient time, the beginning of the collegiate year, 
 which was always the beginning of October, the boys were placed 
 under the guidance of a master, who took the same boys through the 
 seven classes — known by the names of Elements, Figm-es, lludiments, 
 Grammar, Syntax, Poetry, Rhetoric. Those were the names given to 
 the seven classes, not, I apprehend, with reference to their particular 
 studies, but simply as names to designate the particidar classes. 
 When a lad had passed through these seven classes he had come to the 
 top of the school and had done with it. The time had come to leave, and 
 he left. But it seems that, Avith reference to the young men Avho Avere 
 destined for the church, means of education Avere proAaded Avhicli 
 enal)lcd them to obtain that most essential but intermediate knoAv- 
 ledge Avliich occurs betAveen the learning of a school and the pre- 
 paration for a profession, Avhatever that profession may be ; and 
 accordingly lectures Avere provided at AA'hich the future Jesuit priests 
 might be Avell armed with all that is necessary to develop the powers 
 of the intellect, and to prepare men for the future warfare of the 
 Avorld. The exact sciences, mental science, moral science, Avere 
 taught to these young men Avho had ceased to be schoolboys, but avIio 
 had not yet been placed in a position to enter upon a profession ; and 
 accordingly amongst the Jesuit fathers there Avere some Avho as pro- 
 fessors imdertook to lecture on those various subjects, and these 
 young men, before entering on their noviciate, thus studying phi- 
 losophy in its various forms, received the name of philosophers. 
 That Avhich Avas first established for the benefit of those Avho Averc 
 afterwards to enter into the priesthood, Avas extended after a time to 
 those Avho were not intended for the church, but for other professions, 
 or for no profession at all ; and accordingly a class became esta- 
 blished called philosophers, because they pursued the same course of 
 philosophical study as the young men intended for the priesthood 
 had before pursued. They Avere called philosophers because they 
 were supposed to devote themselves to the study of that Avhich is 
 properly called philosophy. After a time the benefits of this part of 
 the institution Avere extended to others who really did not care about 
 studying these loftier sciences, mental or moral — philosophy, mathe- 
 matics, chemistry, or other branches of science. Foreigners avIio 
 came to this comitry for the purpose of studying English were glad 
 to take advantage of such an institution as Stonyhurst, where they 
 could have all the convenience and advantages of a collegiate life ; 
 and persons of that description, foreigners especially, Avere alloAved 
 to enter the class of })hilosophcrs at Stonyhurst, although their 
 ignorance of the English language, which they had first to acquire, 
 and Avhich it Avas their object to accpiire in going there, might render 
 them Avholly unable to folloAv the course of study. Even English-
 
 ( 42 ) 
 
 men, whoso knowledge of the language would have enabled them to 
 j:)ursue the course of study to Avhich as philosophers they should 
 have devoted themselves, were allowed, so long as they thought 
 proper to observe the discipline of the college, its rules and regula- 
 tions, and behave themselves with propriety, to have the same 
 advantages, though, like ]Mr. JNIannock, they might not devote a 
 single half-hour of the time to study. These yoimg men were, of 
 course, treated on a different footing from the school-boys : no longer 
 boys, but young men, they Avere allowed more discretion as to Avhat 
 they -woidd do in the way of study. If they chose to study, there 
 were the opportunities, there were the professors reading lectures in 
 all those various departments and branches of science. If they 
 liked to go and hear the lectm-es, and to profit by them, so much the 
 better ; if they did not, there appears to have been a latitude allowed 
 them in this respect, and they were allowed, so long as they behaved 
 themselves Avith propriety, and submitted to the rules and discipline 
 of the place, to exercise their own discretion as to whether they 
 would learn anything or not. Such appears to have been the nature 
 of the establishment at Stonyhurst as regards the philosophers ; they 
 naixed very little, if indeed at all, with the boys, Avith the school ; 
 occasionally they joined them in some game, noAV and then a game of 
 football, in Avliich all joined — possibly a game at cricket in the same 
 Avay — but they had their own place of residence ; they had their OAvn 
 hours, their own amusements ; generally speaking they did not 
 mingle with the others at all. It is very much the same thing as 
 though in the vicinity of Westminster School there had been esta- 
 blished a London University, and an attempt had been made to com- 
 bine the two in the same institution. If you can conceive a public 
 school existing Avhere there is a miiversity, both being under the 
 same control and direction, the one subordinate to and leading up to 
 the other, but under altogether distinct regulations and rules, that is 
 exactly Avhat you Avoidd fuid at Stonyhurst. The mistake, I think, 
 was made on the former occasion of not sufficiently discriminating 
 between these tAA^o distinct and separate branches of Avhat is un- 
 doubtedly one and the same establishment. Whether the then 
 state of things was likely to be profitable, as leading to those educa- 
 tional results Avhicli are desirable, is a matter avc have nothinir Avhat- 
 ever to do Avith ; Avhat Ave have to do Avith is to see Avhat Stonyhvu-st 
 really Avas at the time of Roger Tichborne. Noav he Avas placed in 
 the class of philosophers, Avhicli implies a different residence from 
 the residence of the scholars. The scholars live in Avhat is called 
 the college. The philosophers when Roger joined did the same, 
 though in a different part of the building; the young men des- 
 tined for the priesthood lived in Avhat is called the Seminary. 
 But, in the October after Roger Tichborne joined, the residence
 
 ( 43 ) 
 
 was changed ; tlie philosophers were removed from that portion of 
 the college bnilding which they had previously occupied ; the young 
 men intended for the priesthood Avere transferred to it ; the seminary 
 was apjjropriatcd to the philosophers ; there they all lived during the 
 remaining period that Roger Tichborne was at Stonyhurst. You 
 will have, by-and-by, to decide for yourselves Avhether Hoger Tich- 
 borne did live with the rest of the body to which he belonged ; 
 whether he was placed in the first instance in the college at Stony- 
 hurst, and was afterwards removed and transferred to the seminary 
 with the rest of the philosophers, or whether you believe the state- 
 ment made by the defendant, that upon his first joining Stonyhurst 
 he was put in a cottage, Avhere he lived for twelve or fifteen months 
 apart from the rest of the body to Avhich he belonged. It involves 
 several very remarkable facts and considerations of a peculiar cha- 
 racter to which I shall have to draw your attention by-and-by. For 
 the present it is enough to state that Roger Tichborne went to 
 Stonyhurst and arrived there on the 1 st of July ; that he was placed 
 among the philosophers ; that he went away at the commencement 
 of the vacation — that is the 1st of August ; that he returned in the 
 middle of September, before the vacation had come to its termina- 
 tion, I presume from a laudable and honest anxiety to return at the 
 earliest possible moment to the studies which he so much needed. 
 Be that as it may, Ave knoAV he did return early in September, and Ave 
 know he did remain at Stonyhurst until the 1st of August, 1848. 
 Whether that Avas the proper time for him to leave is another question 
 Avhich you Avill have hereafter to consider. In the meantime, there 
 had begun that correspondence with his aunt. Lady Doughty, Avliich 
 forms a remarkable and all-important feature in the history of this case. 
 Without a paternal home in England, he would either liaA^e to go to 
 Paris for his vacation, or trust to the kindness and hospitality of his 
 friends and relations in this country, and of course, there was no one 
 to whom his father Avould more naturally look for protection and 
 kindness to his son than his brother ; and as Sir Edward Doughty 
 was at this time in possession of the Tichborne mansion, with all the 
 opportunity for enjoyment AAdiich such a residence Avould afford to a 
 yoimg man coming home fi'om college, it Avas natural that Roger 
 should pass at all events a part of his vacation every year at Tich- 
 borne. On the other hand, there Avere his relations on the Seymour 
 side — Mr. Seymour, with his charming residence at Knoyle, Avilling 
 and ready Avith his Avife and children to receiA'c Avith open arms 
 young Roger as their relation. Although the relationship — and 
 that forms one of the peculiar difficulties which existed Avitli refer- 
 ence to Roger and his father and mother and the Seymours — was 
 not ostensibly and formally acknoAvledged, it AA-as recognised in 
 respect of all offices of kindness and affection and lo\'e, as though it 
 had had the sanction of legality attached to it. Roger's vacations were
 
 ( -i4 ) 
 
 therefore passed between the two houses of Tlchborne and Knoyle, 
 and it is important to observe Avhat those vacations were, for a good 
 deal of the inquiry addressed to the defendant had reference to this 
 particular matter. There are few things, I apprehend, which in 
 after years will be more vividly retained in the remembrance of the 
 schoolboy than the period of his holidays. Now the holidays at 
 Stonyhurst were very peculiar. As we know, at most schools there 
 are two vacations, more or less of equal length, and at most 
 schools there is a third of shorter duration. Christmas, the time 
 for family gatherings, summer, when the enjoyment of life is 
 greatest, are the two great periods for boys and youths to return 
 home and rest from work. Easter affords also a proper oppor- 
 tunity for a boy to come home, and again embrace his parents 
 and relations. But at Stonyhurst it was not so : they allowed only 
 one vacation in the year, and it commenced regularly with the month 
 of August. For the boys at the school it lasted six weeks ; they 
 had to return in the second Aveek in September; for the philosophers 
 it lasted two months ; their period of return was the commencement 
 of October. But there were two other holidays which I may call 
 internal holidays, as distinguished fi'om external ones, because they 
 were holidays within the school and institution itself — from tAvo to 
 three Aveeks at Christmas, and a couple of Aveeks at Easter. They 
 did not then go home, but Avork was suspended ; they Avere allowed 
 to amuse themselves in the best way they Avere able, enjoying entire 
 rest from Avork, and such recreation as they could find Avithin the 
 Avails and precincts of the college. Sometimes, indeed, the philoso- 
 phers, if they wished to make a short visit at Christmas or Easter, 
 could do so ; but, generally speaking, they remained at the insti- 
 tution ; and Avith reference to the rest of the establishment it may be 
 stated as an undoubted fact that there Avere no vacations Avhen 
 the boys could leave the establishment and return to their respective 
 homes except the vacation in the summer, AA'hich began on the 1st of 
 August, and continued for the period I have mentioned. In August 
 every year Roger Avcnt either first to Knoyle and then to Tichborne, 
 or first to Tichborne and then to Knoyle, and after his A^acation at 
 Tichborne in 1846, commences the correspondence Avith Lady 
 Doughty, to which I am about to direct your attention. 
 Correspon- Gentlemen, the correspondence in question begins in the year 1846, 
 
 Lady Doughty, when Roger had returned to Stonyhiu-st, and it affords us, as it seems 
 to me, fi'om its commencement to its close, a very safe guide by Avhich 
 to familiarise ourselves Avitli the life and character of Roger Tich- 
 borne. I am afraid that perhaps you Avill think me a little tedious 
 in taking you as much as I propose to do into this correspondence ; 
 but, to my mind, the letters Avhich passed between Roger Tichborne 
 and Lady Doughty, as Avell as between Roger Tichborne and Mr. 
 Vincent Gosford, are the life and soul of this inquiry. They afford
 
 ( 45 ) 
 
 us the means of fixing dates, of ascertaining events, and, above all, 
 they afford ns the means of a thorough insight into the character, 
 views, purposes, and intentions of Roger Tichborne, which you could 
 get from noAvhere else. 
 
 As I said, the correspondence begins in 1846. He had returned 
 from his summer vacation to Stonyhm'st, and Lady Doughty opens 
 the correspondence by saying that she had promised to write to him, 
 and now wrote to fulfil her promise. Of course, these letters being 
 very numerous, I shall not think of troubling you with the gossip- 
 ing details of family life and circumstances, and the common-place 
 events of the day, such as would be mentioned in letters between an 
 aunt and her nephew ; it is only where the correspondence touches 
 matters of real interest and importance that I shall think it necessary 
 to trouble you with them, but to these passages fi-om the letters, or 
 to entire letters where it so happens that they really go to the very 
 pith and marrow of this inquiry, I must direct your attention, and 
 you must bear with me if I ask you carefully to attend to them. I 
 shall not trouble you with the letters of 1846, until we come to a 
 letter which I think has reference to one of the distressino; incidents 
 which must have disturbed the even tenor of poor Roger's days. He 
 was staying at Tichborne Park in the holidays of 1846, and his 
 father was there too, when it appears that Lady Tichborne — INIrs. 
 Tichborne then — took it into her head, uninvited and unexpected, 
 suddenly to present herself at Tichborne. Her feelings towards the 
 Tichborne family were perfectly well known. When INIr. Robert 
 Tichborne came back from Paris after his \-isit in 1840, Avhere he 
 had been ill-treated and insulted by INIrs. Tichborne and induced to 
 leave much earlier than he had intended, having abridged his visit 
 on that account, he naturally told his story ; and of course he stated 
 also what were the terms upon which Mrs. Tichborne stood with 
 reference to his sister Mrs. Nangle ; that the latter had not been 
 asked to meet him at the house of her brother, because the brother's 
 wife Avonld not alloAv her to come there, or treat her with decent 
 civility and respect. Accordingly, these things being known at 
 Tichborne, one can easily understand that Mrs. James Tichborne 
 did not stand in the best light, or in the most favoiu-able odour with 
 the Tichborne family. They wordd natiu'ally resent the manner in 
 which their relatives had been treated at Paris, and although they 
 always received Mr. James Tichborne and his son with open arms, 
 and had done so on this occasion. Sir Edward Doughty was not 
 prepared to open his doors to the reception of Mrs. Tichborne, and 
 accordingly she Avas refused admittance, and had to return to the inn 
 at Alresford. Whether Mr. James Tichborne took that amiss, or 
 whether afterwards, having quaiTclled with his brother on some other 
 groinid, he took it up as a grievance, I do not know ; but it is quite 
 certain that Mr. James Tichborne, Avhether on accoimt of that cause.
 
 ( 46 ) 
 
 or on account of the trivial quarrel INTr. Gosford told us of, about 
 the priest having the use of the pony, when hot Avords ensued, and 
 Mr. Tichborne left the house in disgust — I do not know ; but I find 
 that Lady Doughty, writing to Roger, says, " Your uncle is pro- 
 jecting other improvements Avhich I hope, please God, you wall be 
 allowed to see next summer by spending a part at least of your 
 holidays here ; we both felt very much, after our all being so happy 
 together, that your father ended by being displeased, but it could not 
 be helped." It appears that from that time to 1850, Mr. Tichborne 
 never set foot A\dtliin Tichborne House, but his son spent part of his 
 vacation there regularly. 
 
 There are one or two letters written by Roger to his mother at 
 this period from Stonyhurst, Avhich are also worthy of attention. 
 They are Avritten in 1847. He now begins to write in English, and 
 as he preferred to speak French, and the mother, being essentially a 
 French Avoman, preferred to speak French also (we know in the 
 family they always spoke French), he would naturally have Avritten 
 to her in French, were it not that he must have been perfectly con- 
 scious that he had at that time acquired a far greater proficiency in 
 Avriting English than he possessed in Avriting French ; hence Ave find 
 him from the middle of 1847 ahvays Avriting to his mother in English, 
 and now a marked change takes place in the commencement and end 
 of his letters. The "mamma" of the boy is changed into the "mother" 
 of the man ; he ceases to Avrite " mamma," and ahvays from this time 
 forth to the day of the last letter he Avrote before he Avent on board 
 the ' Bella,' he ahvays Avrites " mother " — a fact to be borne in mind 
 hereafter. This is his first English letter. " June 24th, 1847. My 
 dear Mother. — I Avas sorry to see that you trouble yourself so much 
 about my health. My health has been ahA'ays good since I came 
 here, and for that reason I Avish that you Avould not trouble yourself 
 so much about it. I don't knoAV AA'hy L'Abbe Salis has never 
 answered any of my letters, because I suppose that you gaA'c him 
 the letters that I addressed you, and wdiich were for him, but in all 
 cases I find it very strange of his part." JSToav you Avill find in these 
 early letters numerous instances, and you Avill find them occasionally 
 to the very last, in which you have the simple translation of a French 
 phrase, which soimds strange in English, and wdiich Avould make you 
 suppose the man did not knoAV hoAV to Avrite English. In fact, he 
 was doing in Avriting Avhat he commonly did in speaking, as some of 
 the Avitncsses have told us, namely, thinking in French and translat- 
 insc into English. Here is an instance of it — " In all cases." We 
 should say " in all respects," or " at any rate," or " at all CA'cnts." 
 But we have here the literal translation of" dans tons les cas'"' — "In 
 all cases." He writes, " of his part " — " de sa part " — instead of 
 saying " on " his part, as Ave should do. He continues, " I should 
 like to knoAv Avhat became of Mr. Dumasures ; I should fancy that
 
 ( ^7 ) 
 
 he is priest now " — we should say " a priest," the French say 
 " pretre " without the article — " I wish very much to have la vie de 
 Duquayhourin et la vie de Colbert, because I have no more French 
 books to read at present" — this shows he was not giving his time 
 up to mere idleness and gratification of vicious or bad habits, as the 
 learned counsel for the defendant suggests. He Avants to have 
 French books, and books relating to serious and interesting subjects 
 wherewith to occupy his time — " I pray mention what I said to the 
 Abbe Salis " — then we have a phrase which you will find charac- 
 teristic of Roger Tichborne. It occurs frequently, and is nearly 
 always the same. I cannot find any French origin for it, and cer- 
 tainly no English. Instead of saying " I am at a loss," those being 
 the words he should have used, in numerous instances he says, " I 
 am at lost;" jumbling up the "lost" and the "at" — "I am at lost 
 to give you some news by the reason that you have not told me much 
 in your last letter." 
 
 He writes again on the 23rd July, in the same year, to his mother, 
 but the only part of that letter Avhich is at all material is this : " I 
 cannot conceive why I'Abbe Salis has not received my letters, the 
 only thing to which I can attribute that is to your own faidt, because 
 every letter that I wrote him I addressed them all to you. The only 
 thing wich I think is that you have kept the letters. If you have 
 done that, it is very rong of your part" — " wrong " being written 
 " rong "- — " I beg of you to give him the letter which is inside yours, 
 and tell him to write to me." You see he here complains of the 
 Abbe Salis not answering his letters, and suggests that his mother, 
 as he supposes, must have failed to hand them over to him. If 
 the suggestion Avas well founded, we have here another instance of 
 the jealous and exclusive temper of his mother, who could not endure 
 his con-espondlng Avith anyone but herself. It seems she had then a 
 notion of coming to England, accompanied by the Abbe Salis ; and 
 this lad takes upon himself to prescribe to his mother. " If you 
 come to England dont take that Abbe with you because then you 
 would pay his voyage and you have not too much money for yourself 
 as to go & spend it for others." 
 
 In that same year we find Mr. James Tichborne in England. He 
 did not go to Tichborne, but went and took up his quarters at Ryde, 
 in the Isle of Wight. Writing to his wife on the 30th July, he says 
 that which leads me to think that he had taken in ill part the refiisal 
 to receive his wife, or at all events that having had a quarrel with 
 his brother, he had engrafted on that the grievance of the refusal 
 to receive his wife. He vvrites thus : " I have not heard from Mr. 
 Seymour since I last Avrote to you, and of my family I knoio nothimj. 
 I shall dine and sleep at Mr. Hopkins's on Monday next, and 
 proceed the next day to London, from whence I will write to you
 
 ( 48 ) 
 
 again. When I am at Alresford I may perhaps hear something of 
 the Donghtys. I shall not go to Tichborue, but shall send William 
 over for the things I left there last autumn, and you may rest assured 
 that I Avill never again accept any in\^tation to Tichborne that does 
 not include an invitation to MY WIFE also; but, in all probability, they 
 neither want you nor me." He was mistaken : we find from a sub- 
 sequent letter of Lady Doughty that Sir Edward was fretting over 
 the estrangement and longing to embrace his brother again. 
 
 Now, a question will arise whether Roger Tichborne left Stony- 
 hurst on the 1st of August, 1848. He went there, as you know, at 
 the commencement of July, 1845. The collegiate year began 
 always at the termination of the summer vacation. The summer 
 vacation— that is for the philosophers— began on the 1st of August. 
 NoAv, the usual period of collegiate life is somewhere about three 
 years, and we can therefore very well imderstand that when Roger 
 was placed at Stonyhurst the intention of his father was that he 
 should go through a three years' course of the studies there, and 
 shoidd then leave. That that is so I gather in the first place from 
 a letter from Lady Doughty, written on the 3rd of November, 1847, 
 to Roger Tichborne at Stonyhurst. " We were rejoiced," she says, 
 "to find there was a change of masters that gave you hopes of 
 finding much more agreeable management in the college this year ; 
 and so, dear Roger, as there is always much knowledge to be gained 
 imder any circumstance in a college, I hope you will profit for the 
 remainder of your college life : when I look back to my school life I 
 think I gained more the last year than all the previous ones ; I hope 
 you may find the same." That seems to me plainly to point to the 
 collegiate year on Avhich he had just entered being the last he was to 
 pass at Stonyhvu-st; wliich collegiate year would expire with the 
 1st August in the coming year, 1848, the date on which Ave find he 
 did leave Stonyhurst. There is at the close of that letter (I do not 
 read the intermediate part, because it is mere gossip) a somcAvhat 
 painfiil passage. It relates to certain books AA'hich, even at that early 
 period, Roger Avas in the habit of reading ; and I cannot doubt that 
 those were the French novels of Paul de Kock, of AAdiich we have 
 heard so much. I shall have a AAord or tAvo to say by-and-by aa ith 
 reference to the character of those books, the pernicious tendency of 
 Avhich, I think, has been much exaggerated ; but there is no doubt 
 that works of that kind, Avliich are replete with coarse indecency, 
 would shock the mind of a virtuous, modest English lady, brought 
 up with every sentiment of delicacy and refinement, and she would 
 feel oiitraged at the notion of having such books pro})Osed to her for 
 her reading ; and I daresay she Avas very much shocked to find her 
 nephcAv AA-as reading works of that kind. A great deal has been 
 made of this passage, and I Avill read it to you : " I have tried as you
 
 ( 49 ) 
 
 wish to read your books, hut the charm of the style (which I suppose 
 is Avliat you admire) does not obliterate the bad principles, and the 
 disgust, Avhich the story and the low slang of some of the dialogues 
 must create in my mind. Surely," she says, " we are created for far 
 nobler views, than to occupy ourselves with the theme of vice, M'hen 
 so many beautiful and entertaining works are daily written which 
 elevate and yet amuse the mind, and there are so many noble pursuits 
 in this world Avithout familiarizing om^ thoughts Avith Avhat should 
 tend to disgust them." Nothing coidd be better thought or better 
 said. Then she desires, Avhat I may observe, Avith reference to 
 many of her letters, Avliich I do not read, because they contain only 
 Avhat I call family gossip — she ahvays ends her letters Avith — her loA^e 
 to her nephcAvs, John and Everard Arundcll. It Avill be important 
 to bear in mind by-and-by, that at Stonyhurst there Avere, during the 
 time Roger Avas there, the tAvo nephcAvs of Lady Doughty, John, now 
 Lord Arundcll, and his younger brother Everard, Avho, if you 
 remember, is the last in the remainders in Roger Tichborne's Avill. 
 They Avere both at Stonyhurst, and avc knoAv from the Stonjdiurst 
 Avitnesses, that according to the established practice of Stonyhurst, 
 the philosophers Avho had relations passing through the school in- 
 variably met those relations and Avalked Avith them on the Sunday 
 mornino- after mass. The tAA'O Arundells Avere there at that time ; 
 Roger Avalked AAath them Sunday after Sunday during the time he 
 Avas there, and I may take it on myself to say there never came a 
 letter from Lady Doughty to Roger in Avhicli she did not refer to 
 those tAvo nephcAvs of hers, and send a kind message to them. 
 
 Now, besides the circumstance of Lady Doughty Avriting that 
 letter, Avhich points to Roger leaAdng on the 1st August, there is 
 another letter, one from INIr. Seymour, Avhich very plainly sIioaa'S that 
 the 1st August, 1848, Avhcn the collegiate year expired, Avas the 
 period at Avhich Roger AA^as intended to leave. In November, 1847, 
 it had occurred to Mr. Dauby Seymour that, Roger Tichborne's 
 education having l^ecn so deplorably neglected, the best thing to do 
 for him to make up for his deficiencies Avould be to put him into the 
 army, as a school in Avliich, though classical and scientific education 
 AA^as not to be there obtained, the man and the gentleman may be 
 more rapidly developed than perhaps under any other form of 
 training ; and it Avas proposed, therefore, that he should go into the 
 army. Roger gladly listened to the proposal. Of course it AA'as neces- 
 sary to get the consent of his father (hoAvcA^er strongly the Seymours 
 were in favour of it) before the step could be taken of applying 
 for a commission for him, and accordingly Mr. Seymour desired his 
 son, Mr. Henry Dauby Seymour, Avho AA'as at that time at Paris, to 
 communicate with Mr. James Tichborne, and, if possible, to get his 
 consent to the plan of Roger going into the army. Mr. Henry 
 
 E
 
 ( 50 ) 
 
 Seymour, according'ly, talkctl the matter over with ]\Ir. James 
 Ticliborne, and Mr. Tieliborne seems to have gone into it, and 
 although, I daresay, he knew there woukl be a violent opposition on 
 the part of his wife, he agreed in thinking that it was the best thing 
 that could be done for his son. Mr. Danby Seymour having comnui- 
 nicated that result to his father, we next find Mr. Seymour writing 
 to Sir Edward Doughty on the subject on the 20th November, 
 1847. " Dear Sir Edward, — This day I have received fi-om my son 
 Henry, who is at Paris, your brother's assent to Roger's going into the 
 army if it can be done, yourself and me agreeing on that subject. The 
 only promise" — which he uses, I suppose, for " condition" — " the only 
 promise he puts is that Roger should remain at Stoneyhurst till 
 August " — They had put him there, I cannot doubt, Avith the inten- 
 tion that he should complete his third collegiate year, which he would 
 not complete until August — the father says I have no objection to his 
 going into the army if he wishes to go, but I insist on his completing 
 his collegiate course — " And he Avishes both you and me to Avrite 
 strongly to Roger to impress him Avith the importance of his reading, 
 gaining as much as he possibly can during his stay at the college. I 
 Avrite in haste, and can only say that I agree Avith you that the army 
 is desirable for Roger as a good school if he can get into a good 
 regiment, and there are many such in our army ; but between our- 
 selves — " This is the first intimation of that fatal propensity Avhich 
 I fear did exist in Roscer Ticliborne — " But between ourselves I have 
 some little apprehension about Ids use of loine (but I beg this maybe 
 entirely betAveen ourselves) as it is in confidence only, and to you only 
 that I Avould say this, his father has no idea of it; but I knoAv some 
 regiments drink \^ery much more than others, and in the CaA'alry 
 particularly — hoAvever, I hope this may never be a decided propen- 
 sity. In the Infantry the first step is, I believe, £400 — in the 
 CaA'alry more. James Tich has no money, so that unless you fiir- 
 nish the needfid the step cannot be taken. Will you write to the 
 Horse Guards, and use your friends on this occasion important to 
 your family. I can say no more, nor can I offer any interest of mine 
 as I have none, and completely failed in the case of my second 
 son. I am, in haste, dear Sir EdAvard, yours very faithfully, Hen'^ 
 Seymour. We are looking out stiU for a mortgage to place the 
 trust money I and my son Henry have to dispose of." This shoAvs, as 
 you see, that the final intention of his father AA^as, as I belicA'e it had 
 been fi-om the beginning, that he should stay to the end of that col- 
 legiate year, 1848, and then leave; such Avas, at all events, the fixed 
 determination at the time. Application was made for a commission, 
 and Sir Edward Doughty did Avhat was asked. He Avrote to the 
 Horse Guards, to Lord Fitzroy Somerset, who Avas at that time the 
 right-hand man of the Duke of ^Vellington, and through Avhom all
 
 ( 51 ) 
 
 applications for commissions passed, and received for ansAver the 
 assurance that his nephew's name should be placed on the list of the 
 Commander-in-Chief for a commission -when his turn should come ; 
 and so the matter stood. 
 
 Now, in the course of that year, 1848, Sir Edward and Lady 
 Doughty having removed to Tichborne, and being settled there, 
 Upton, the place they had previously occupied, was let to the 
 Dormers. We get that date fixed, by a letter fi'om Lady Doughty 
 to Eoger of the 2nd April, in Avhich she tells him, from Sir Edward, 
 " I am to tell you that he has let Upton for 6 months certain 
 beginning with the 10th of j\Iay to Lord and Lady Dormer. They are 
 now at Dover, not liking to remain at Boulogne or travel fui-ther in 
 the present unsettled state of the Continent. AVe therefore intend 
 going to Bath on Easter IMonday, fetching our dear Katty from 
 Taunton, and going to Upton on the 1st of May to settle everything 
 there for giving it up to the Dormers on the 10th when Ave shall 
 return home." So that, fi-om INIay, 1848, Lord and Lady Dormer 
 were occupying Upton. They occupied it not only for the six 
 months certain, but, I believe, for something like eighteen months on 
 the Avhole. On the 9th of April, 1848, lioger Avrites to his aunt: 
 " I haA'e received your very kind letter not long ago. I Avas Aory 
 happy to learn by it that Lady Dormer had come over to England, I 
 suppose that it is some time already since she quitted Boiilogne. I 
 Avrote her about 6 Aveeks ago, and I addressed my letter at Boulogne 
 so I think that she has not recei\'ed it. I should be much obliged to 
 you if you had the kindness to give me her direction in your first 
 letter." 
 
 In that year, 1848, Mr. James Tichborne came to England, bring- 
 ing over his boy Alfred Avith him, as he had done on a former 
 occasion, thinking it right that the little felloAv should be introduced 
 to his English relations, and not live isolated from them, Avithout 
 their acquiring the interest in him and the affection for him that 
 relations should haA'e, and this again appears to have deen dis- 
 pleasing and distasteful to his Avife. She did not like the one son 
 being put to college in England, and the other being brought over 
 and introduced to his relations; accordingly Ave find he has to vindi- 
 cate his conduct in doing so to his Avife. He Avrites to her from 
 Upton House on the 24th July, Avhere he had Ijeen on a visit 
 to Lord and Lady Dormer, and he says, " INIuch is Avanting to 
 my hapj^iness Avhen I am separated from you, at the same time, my 
 conscience tells mc I am acting right and properly tOAvards my 
 children in having them in England, AA'hich, notAA'ithstanding all you 
 may say, is their true country, as their father is an Englishman ; at 
 the same time it is a most distressing circumstance to me, that in ful- 
 filling my duty tOAvards them, I have made you unhappy. You have 
 
 E 2
 
 ( 52 ) 
 
 never believed in the sincerity of my affections and how dearly I love 
 you, it could not therefore, fail to make me miserable to witness for 
 many years past the cruel and unjust antipathy you have so con- 
 stantly manifested toAvards my family. One thing I will maintain, 
 which is, that they did not deserve it, and now dearest Ilenriette, 
 I have done Avitli a subject which is cruelly distressing for me to 
 touch upon." 
 
 In 1848 I find Roger in correspondence with a gentleman named 
 Walter Strickland, whom the defendant seems afterwards to have 
 confounded with a Captain Litchfield, as far as I can make out, and 
 over Avhose death you will not forget that he exults as belonging to 
 the opposite party. This Walter Strickland was the son of a gen- 
 tleman who lived somewhere in Hampshire, in the neighbourhood of 
 Tichborne. He became a great favourite at Tichborne House, and 
 Lady Doughty appears to have taken an interest in him almost as if 
 he had been one of the family, and an intimacy sprang up between 
 Roger and this young Strickland, Avho was destined for the royal 
 navy, and Avho Avent out in one of Her Majesty's ships as a midship- 
 man, and afterAvards obtained the rank of post-captain in the serAace. 
 He Avrites a letter to Roger from Her Majesty's ship ' Amphitrite,' 
 '* Ascension, April 30th, 1848. My dear Roger: It AA^as AAdth the 
 greatest pleasure that I received your letter fi'om Stonyhurst. You 
 forgot to date it, so I do not knoAV AA'hen it was Avritten, but from 
 your dear and excellent Uncle and Aunt Doughty I have heard of 
 your prospects of getting a commission in the British Army. You 
 Avill easily imagine that I am better pleased at this prospect than if 
 you had entered the Austrian, a foreign Service. It Avas all very 
 well for young English Catholics to enter such armies AAdien the laAvs 
 of their comitry rendered it impossible for them to join their oavu ; 
 but noAV let every Englishman lend his arm to defend * the flag that 
 has braved a thousand years the battle and the breeze.' I am sure 
 that you are becoming more English in your thoughts, for your letter 
 shoAvs it. Pray my dear Roger, let us continue om- correspondence. 
 Thank God, I am contented and happy as ever in my ship. We 
 have been here noAv for tAvo days, and shall start the day after to- 
 morroAV for the Bight of Benin again, where I suppose Ave shall re- 
 main for tAvo or three months lono-er. The more I see of this strange 
 Avorld, and the stranger people in it, the more convinced I am that 
 the next is the only life worth living for. Reflect on this dear Roger 
 and do not defer any longer (if you have not performed your promise 
 to me) to make a clean SAveep of your conscience: but for God sake 
 I conjiu'e you not to dare to approach the Holy Communion Avithout 
 the most ample and aAvful preparation. I say awful for Avho can 
 think of receiving his God! The great being avIio by his AA'oi'd only, 
 created all things ! Avithout a feeling of aioe. But I must not turn
 
 ( 53 ) 
 
 preacher ! " He signs himself, " My dear Roger Your very affec- 
 tionate friend Walter Strickland." 
 
 On the 20th of May, 1848, Roger writes again to his mother. 
 There is notliing in the letter beyond a reference to the Abbe 
 Salis; but it shows he always held the Abbe in affectionate re- 
 membrance. " I suppose that you see sometimes Abbe Salis, 
 is he ahvays in the same place, that he was in last year. I should 
 be very happy to receive a letter from him. I will answer it Avith 
 much pleasure. — You must fine Paris not half so pleasant now as 
 it was a few months back." — Tliis is one of his characteristic mis- 
 takes — instead of " find," he writes " fine ;" that is one of his 
 peculiar forms. I pass by letters between him and Lady Doughty 
 which are merely the gossip of two relations, and I come to a 
 letter of June 23rd, 1848, from Lady Doughty to Roger, then 
 at Stonyhurst. " Many thanks for yoiu; kind letter — a letter from 
 yoiu' uncle crossed yours to me and therefore you will before this 
 have heard from him — he has been very well ever since we returned 
 to Tichborne till the last few days Avhcii a little cold has made him 
 feel weak again"' — then she adds, which shows how mistaken Mr. 
 James Tichborne Avas in thinking that his brother did not care 
 about seeing him or having him at Tichborne : — " Whenever this 
 is the case he always frets, especially at the unfortunate estrange- 
 ment between your father and us all, which is ever uppermost in 
 his thoughts and has and does create so much sorrow, and he is 
 I think disappointed at your father not coming to England, there 
 being less hoj^e of any reconciliation, but we hope and pray it may 
 yet some time be brought about, and that Ave may have the pleasure 
 of seeing both you and dear Alfred again — Ave shall be truly happy 
 to Avelcome you here as soon as you can come to us, and jn-ay send 
 Avhatever trunks you like and they shall be taken care of for you." 
 Then comes an important passage. Lady Radcliffe told us that 
 Avhen she saw her cousin Roger at Bath in January, 1849, she had 
 not seen him for I knoAV not hoAv many years ; I think she said 
 seven or eight years. Well, it struck one as strange that, Roger 
 going frequently to Tichborne for his vacation, the tAVO cousins 
 should not have met. Here is the explanation. Miss Doughty had 
 one vacation in the year like Roger, or, at all events, one principal 
 one, but the tAvo vacations never coincided. " In Jidy I must take 
 our dear Katty back to Taunton. Your holidays are all at such 
 different times that I am sorry you are not one of our present merry 
 party" — Miss Doughty Avas to be taken back in Jidy. Her A^acation 
 being in June and July, and his being in August, his Avas just 
 after the time Avhen she Avent back — " Lord and Lady Dormer came 
 yesterday Avith Mrs. GreeuAvood for Mass and staid till after Vespers 
 — they all enquired and were glad I had heard from you — they
 
 ( 5-i ) 
 
 return to Upton to-morrow — they seem much pleased Avith that dear 
 place." Then comes as usual " pray give my love to my Nephew 
 Arundclls, and I remain p- affectionate Aunt K Doughty." That 
 passage explains how it happened that Roger and his cousin never 
 met until 1849. 
 
 He was noAV about to leave Stonyhurst and to leave it per- 
 manently. The passages I have read from Lady Doughty 's and 
 his father's letters shoAv he was not to go back to Stonyhurst, and 
 the further proof that this was so, as it strikes me, is that he 
 sends to Tichborne boxes containing all his books and Stonyhurst 
 effects, which, of course, looks like a final departure from the latter 
 place. On the 30th of July, he writes to Mr. Gosford: "I took 
 the liberty of addressing two boxes belonging to me to you at 
 Tichborne, those boxes contain my books and several things of mine. 
 I should be very much obliged to you if you had the kindness to see 
 that those boxes are brought at Tichborne"— There is here another 
 peculiarity, he confounds the use of the English Avords " at" and " to," 
 both of Avhich are represented by the French preposition a. When 
 he Avould say he is going " to" a place, he is very apt to say " I am 
 going ' at,' " and, vice versa ; he confounds the two Avords — " I 
 should be very much obliged to you if you had the kindness to 
 see that those boxes are brought at Tichborne and put in a place 
 Avliere I shall be able to find them Avlien I have the pleasure of going 
 to Tichborne. I shall leave college next Tuesday the first of August 
 for London, Avhere I shall stay some time on my Avay to Clifton." 
 On the 4th of August, he Avrites to his mother : " JNIy dear mother 
 I quitted college 3 days ago" — Avliich shoAvs that he left on the 1st of 
 August. " I came to pass few days" — Here Ave have another cha- 
 racteristic peculiarity Avliich hardly ever fails. He uses the phrase 
 "few days," translating quelques jours from the French; he leaves 
 out the Avord " a" and uses the expression " fcAv days" — " I came to 
 pass fcAv days Avith Mr. Seymour in London. I shall go off from 
 London very soon to join my father avIio is in Clifton Avith my 
 Brother. I am delighted that my father alloAved me to pass fcAV 
 days in London Avith Mr. Seymour. I hope tliat I shall liaA'e the 
 pleasure of paying you a visit in Paris, my Father mentioned it in 
 his last letter. I hope to have the pleasure of receiving a letter from 
 you before long Avhich Avill inform me what are your plans, if you 
 intend to stay in Paris all the summer or go to the country for few 
 months." That letter is addressed to her at the " Rue Castiglione, 
 No. 9." 
 
 At this time Mr. James Tichborne Avas in England. He had 
 spent a short time Avith Lord and Lady Dormer at Upton, and he 
 then took apartments at No. 12, Meridian Place, Clifton. In the 
 last letter I read from Roger Tichborne to Mr. Gosford he says he
 
 ( 55 ) 
 
 is going to join his father at Clifton, and wc find afterwards that he 
 did join his father at Clifton. In the meantime there are some 
 letters between Mr. James Tichborne and his Avife, which are not 
 imAvorthy of attention. On the 5th of Jidy, before Roger had left 
 Stonylmrst, Mr. Tichborne writes thus to his wife : " My dear 
 Henriette, I have to acknowlege the receipt of both your letters, the 
 last was put into my hand this morning, just as we were going to 
 mass and I lament to say that it was not possible to Avrite to me 
 Avith more asperity and unkindncss. This I flattered myself I did 
 not deserve, and I now beg leave to tell you once for all, that if 
 your letters cannot contain anything except invectives against La 
 JSTourice" — this was Alfred's nurse — " I beg you not to write to me 
 any more, for your constant scolding and finding fault Avith me 
 distresses my mind and acts in a most unfortunate manner on my 
 nervous system." Then he Aandicates himself from A^arious things 
 AAdiich I suppose she had Avrittcn, and then comes this passage : " I 
 must say it does appear to me extraordinary that you should reproach 
 me for the trifling siun I thought myself authorized to give towards 
 the education of Nourice's little girl Avhen you ought to reflect on 
 the A^ery large sums you haA^e lavished aAvay, and that Avithout 
 thinking yourself in any manner obliged to render the least account 
 to me. I say nothing of the sums of money you thought fit in my 
 absence to lavish upon that scoundi'el Jolivalt in purchasing pictures, 
 and other sums of money you furnished him Avith to pay his journey 
 to England to drag Roger aAAay from college. All this seems to 
 have escaped your memory. I do not allude to the large sums you 
 have upon frequent occasions expended in presents to churches and 
 charitable institutions, and all this Avithout ever once condescending 
 to consult me or to ask my approbation to Avhat you Avere about 
 doing; quite the contrary, you invariably took advantage of my 
 absence to do all this and thereby show your disdain and AA^ant of 
 consideration for me." Then there is a good deal more on that 
 subject; then he puts it to her to come to England and reside here 
 Avith him. He says : " I do not hesitate in telling you that you 
 ought to have accompanied me to England, and hoAV you can remain 
 in Paris in the present state of things there is AAdiat astonishes every 
 one ; Avith a little exertion you might A'ery easily come to this place, 
 as the rail road Avould bring you all the Avay excepting the short 
 passage from Boulogne to Folkestone. The distiu'bed state of Paris 
 cannot make it either a proper or desirable residence for you or 
 anyone else, besides Avhich Paris est toujours en ctat de siege, Avliich 
 must be insupportable. The advice I have to give you is, that when 
 Roger quits Stonyhurst" — as if he contemplated his immediately 
 quitting Stonyhurst — " Ave Avill go over to Paris and bring you back 
 Avith us to England, Ave Avill remove here during the fine Aveather,
 
 ( 56 ) 
 
 and take a house in Bath for the winter. Bath is infinitely Avavmcr 
 than Paris and fnel is cheap, besides Avliich it is an agreeable winter 
 residence." Then he makes observations on the then state of Paris, 
 and says, " 1 repeat, this is now the only quiet country, and it is a 
 thousand pities that your prejudices against England should make you 
 prefer Paris in these dreadful times to the quiet and tranqiullity of this 
 country. Unfortunately you have injiu'cd your health and strength 
 by indulgiug too much in bed, but notwithstanding the mikind 
 language you make use of to me in your letter if you consent to come 
 to England we would all endeavour to do anything in om- power to 
 make you happy and comfortable — that I can assure you of. I have 
 not the folly to suppose however that you are disposed to anything I 
 wish of you. At all events I shall take Koger to see you and if you 
 will not listen to me perha])S you may to him." Then he tells her to 
 get " a proper femme de chambre instead of such devils she always 
 had about her." Then he says, " In conclusion I must say, and I 
 say it with bitter regret that I never received so cruel, unjust and 
 unkind a letter as Avas your last to me. Never talk of affection to 
 me after that ! ! ! Alfred is in excellent health. If you think proper 
 to answer my letter I must insist that you never mention the Nourice's 
 name again. Notwithstanding your shameful language to me I am 
 always your faithful and affectionate Ja8. F. T." 
 
 On the 3rd of August he Avrites again, and this is a letter Avhich 
 has more immediate reference to Roger. " Eoger was to quit Stony- 
 hurst the day before yesterday and is now I conclude at Mr. Seymour's 
 in Grosvenor Street, he will remain Avitli him in ToAvn a Aveek or ten 
 days, as he Avill require rigging out a little ; he Avill then come and 
 join me here and early in September I shall take him over to Paris 
 to see you, and I do hope and trust that you Avill consent to return to 
 England Avith us. I feel but little disposed to take up my residence 
 in Paris again, no strangers can fix themselves there for the future, 
 car une ville en etat de siege a pen de charmes pour nous. Paris 
 has noAv lost all its agrcments and can never again in my time ])e a 
 pleasant sejoiu- and as the journey to Bath or Clifton can noAV be 
 performed Avith so much ease and expedition I must noAv insist upon 
 your living Avith me in England, and if you should so far forget your 
 duties and obligations as a married Avoman as to refuse me this, you 
 Avill lose your respectability and consideration in society, both here 
 and aljroad, besides Avliich Ave shall in all probability meet no more, 
 that may be of little consequence to you, but as for myself, it is very 
 afflicting to me in the decline of life to find myself so lonely and left 
 to myself as I am noAV. This reflection oppresses my spirits and 
 makes me extremely Ioav and melancholy. You tell me again of the 
 necessity of your passing the Avinter in a Avarm climate, but Avhere 
 you propose going to is Avhat I cannot make out. The present state
 
 ( 57 ) 
 
 of Italy cannot make that country very inviting. I Avill maintain 
 tliat Bath is infinitely a warmer place than Paris for the winter and 
 fnel is so cheap that you conld keep yourself perfectly warm." After 
 another passage which is of no importance, he says, " Chatlllon will 
 have received a long letter from me this morning. I quite despair 
 hearing from you again which distresses me much. Dear Alfred is 
 very well and begs his dear Mamma's blessing, he is looking forward 
 with delight to the happiness of seeing his dear Roger again. Re- 
 member me kindly to Monsieur Cages and tell him I feel obliged to 
 him for writing to me. It is not my intention to remain long in 
 Paris with Roger as you must be aAvare that Paris is not exactly the 
 place for a young man of his age to be left to run about in. I must 
 now conclude as I am very dull and stupid. Have you seen Auguste 
 Callaghan ? I wished to hear from him. I must now take leave of 
 you but I hope and trust my dearest Henriette that you will reflect 
 upon what I mention and that you Avill not refuse me the happiness 
 of coming to live with me. I will do every thing in my power to 
 make you happy and comfortable, and your children have a right to 
 expect this from you. Reflect then upon your duty and obligations 
 to me, and that my comfort and happiness as well as that of your 
 children depends upon the decision you make of living with y"" 
 husband or separate from him. If you Avere to consult a wise and 
 prudent confessor he woidd very soon enlighten yoiu* mind on this 
 subject. I do not wish to hurt your feelings, but I am obliged to 
 speak the truth." 
 
 On the 16th, Roger, who had spent a week or so with Mr. Seymour 
 in London, Avent down to join his father, and I must call your atten- 
 tion to this, that all these letters written by Mr. James Tichborne to 
 his wife admit of no other possibility than that the Avife was at Paris 
 and not Avith him at Clifton. In this respect the defendant has made 
 a serious mistake ; for on his examination he stated that he, as Roger 
 Tichborne, Avent doAvn at this time to join his father and mother at 
 Clifton. 
 
 Mr. Tichborne Avi-ites again fi'om Clifton : "August 17, My Dearest 
 Henriette, I have to announce to you that our dear Roger arrived 
 here quite safe and aa'cII yesterday afternoon ; he had passed his time 
 most agreeably in Grosvenor Street, AAdiere they are all so very fond 
 of him ; he Avanted several things in London, it Avas therefore neces- 
 sary he should remain there some little time ; he is grown taller and 
 stouter than Avhen you last saAV him at Abbeville, and is a Avell- 
 looking youth. Mr. Seymour Avas so kind as to go with him to the 
 Commander-in-Chief's ofiice before he quitted toA\ai, and Lord Fitzroy 
 Somerset," — Avhose name the defendant had totally forgotten, — ■ 
 " made him hope he would get a Cavalry Commission in about six 
 Aveeks or two months' time, and this delights him A^ery much : you 
 must recoUect that Roger is noAv in his tAventieth year, and his
 
 ( 58 ) 
 
 returning to college is out of the question," — I must lierc remind 
 you that it has been suggested by the learned counsel for the defen- 
 dant that although the letters to Avhicli I am calling your attention 
 show that Roger did quit Stonyhurst on the 1st of August, he 
 returned thither again and stayed a short time till circumstances 
 discreditable to him induced the authorities to dismiss him prema- 
 turely ; the intention having been, otherwise, that he should remain 
 at Stonyhurst. Now, here we have the father A\Titing during the 
 continuance of the vacation — "You must recollect Roger is now in 
 his twentieth year, and his returning to college is now out of the 
 question, I am willing to think that Roger is a very well disposed 
 lad, and what he now requires is to see a little of the world, and to 
 be brought into good society, and not to be under a glass case as you 
 seem to intimate. And I can assure you that you are quite mistaken 
 if you suppose I wish to deprive you of that authority you ought to 
 have over your children, and I hope and trust that both Roger and 
 Alfred will ever listen to the good advice you may give them ; at 
 the same time I am obliged to say that my opinion does not coincide 
 with yours, as I cannot see any danger likely to arise from his taking 
 a journey to Paris with me to pay you a visit : w^ere I not to take 
 him to see you before he entered the army you would (and Avith 
 reason) be displeased, so that it makes it difficidt for me to know 
 how to act. I flatter myself however that you will be happy to see 
 your dear Roger and that you will give him your kind reception. 
 I was in hopes you would have returned to England with me and 
 have passed the winter at Bath, which notwithstanding all you may 
 say is an infinitely warmer place than Paris, but do not think I wish 
 to contrary you, at the same time I cannot look upon Paris in the 
 present state of things, as either a safe or an agreeable sejour, besides 
 which your constant and unrelenting antipathy both to Roberts and 
 to my servant makes me always very miserable and unhappy, 
 fortunately you arc the only person who will not acknowledge the 
 good services by her to your child. I saw Miss Portia Smith the 
 other day, she is living here with her mother who is in a very bad 
 state of health. Portia made many inquiries after you and was 
 sorry to hear you Avere in such a delicate state of health. Old 
 Mrs. Hopkinson is wonderfully well considering her age, she is 
 always exti-emely kind to me and my tAvo boys." Gentlemen, you 
 remember that at a certain period of the case Mrs. Hopkinson's 
 name assumes a position of some little materiality ; and it may be as 
 Avell to recollect this passage, Avhicli shoAvs that in the year 1848, 
 when Roger Avas nineteen years of age, the name and person of 
 Mrs. Hopkinson must have been familiar to him as a person avIio 
 had ahvays been kind to him as Avell as to his father. 
 
 Another, and I think the last, letter of Mr. Tichborne from this 
 same residence has again reference to Roger. Writing to his Avife
 
 ( 59 ) 
 
 on tlie 31st of August he first adverts to matters immediately con- 
 nected Avitli herself but not at all with this case, and to Avhicli 
 therefore I need not further advert. But he then says : 
 
 " I am very sorry you shoidd be so much adverse to Roger's 
 entering the service of his o^vn country for a few years ; you ought 
 to know that a young man of his time of life cannot remain (juite 
 idle when he quits college, and the army is an honourable employ- 
 ment and very much sought after in this country. I have explained 
 to Mr. Seymour and to Roger also that neither you or myself Avoidd 
 consent to his entering a regiment about going to India and you 
 may rest assured that in Avhatever cavalry regiment he may Ije ap- 
 pointed to, his services will not extend beyond England, Ireland, 
 and Scotland" (Avliere he would be safe). " I have every reason to 
 think that being in the army for a few years will be very advan- 
 tageous to him. I know you so well my dear Hcnrictte, and I also 
 know your hatred and prejudices against my country to be so very 
 strong that if Roger had entered the service of Austria Russia 
 Sardinia or even France, had it been possible, you would have 
 thought it right, and would not have offered the least opposition to 
 his so doing; but to enter the service of ENGLAND his own 
 Country ! 'tis a crime you never can or will forgive, which is very 
 lamentable. I went with Roger last week to pass a few days at 
 Upton with the Dormers. I found them all very well, and they 
 appear to like Upton. The eldest son was at home and Lord and 
 Lady Arundell were also there with my two nephews, so we had a 
 gay party. I purpose quitting Clifton on Wednesday next. I shall 
 go first to Upton and leave Alfred and Roberts there as Lord and 
 Lady Dormer have very kindly invited them to stay with them 
 during the time I go to pay you a visit with Roger: we shall 
 embark at Southampton for Havre as that will be our shortest and 
 least expensive way & I hope to be with you in Paris by the 10th or 
 1 1 th of September. I must beg you not to blame Roger for enter- 
 ing the Army." 
 
 These letters shoAV quite plainly, as I said before, that Mrs. Tich- 
 borne was at that time at Paris, and not at Meridian Place, Clifton, 
 as was stated by the defendant. 
 
 Now Mr. James Tichborce and his son went, as he had announced 
 they would do, to Paris to visit the mother; they stayed in Paris a 
 few days, about the middle of September; then they went to pay 
 a visit to the Viscount de Brimont at his chateau at Rheims in 
 Champagne. Mr. Tichborne writes from Rheims and states that 
 he is there. The letter was interesting only to the parties corre- 
 sponding, and will not in any way assist us ; I therefore pass it by. 
 From Rheims the father and son Aveut straight to England by Avay 
 of Boidogne, without coming to Paris, and on the 12th of October
 
 ( GO ) 
 
 Mr. Tlcliborne writes from Boulogne to liis wife, and says that lie 
 and Roger had spent a Aveek very pleasantly at Rheims ; " they were 
 all exceeding kind to us, and good old Mons. de Brimont felt very 
 much flattered at my ^dsit to him ; he made many and very kind in- 
 quiries after you and regretted that your delicate state of health docs 
 not allow you to go and see him." lie says, " We shall cross over 
 to Dover on Saturday and shall dine that day with the Digbys and 
 probably continue our journey to London on Sunday after INIass." 
 In the meantime Roger had received, in France, a letter from Lady 
 Doughty, of no importance, with this one exception that she refers 
 to a name which comes up again in the course of this inquiry. The 
 Doughtys had come to Brighton, and were staying at the Bedford 
 Hotel, and she ^vrites, among other things — " Lady Teresa Dease 
 and all her family are here, Mr, Dease and his three sons" — the 
 young Deascs and Roger had been at Stonyhurst together — " the 
 TALL son looks still very delicate but very pleasing." Then she 
 speaks about other people, and among them " Emily and Johnny," 
 whose names frequently come up in her letters. 
 
 On the 27th of October Mr. Tichborne is at Upton staying with 
 Lord and Lady Dormer. He writes to his wife, " You will perceive 
 by the date of this that we are still at Upton, it was my intention 
 however to have quitted this place for Knoyle as to-morrow, but on 
 account of the Feast of All Saints occurring on Wednesday next we 
 shall not go there till Thursday the 2nd and I hope to be in Paris 
 by about the end of November." Then " I do not like to quit Eng- 
 land until I know something positive respecting Roger's Commission 
 but, I will tell you fairly that if he never got it I should not much 
 care." The proposal for Roger to go into the army, so strenuously 
 objected to and resisted by the mother, had not emanated from the 
 flither, and probably never would have been suggested by him if it 
 had not come from the Seymour side of the family ; he acceded to it 
 only as the best thing to be done for Roger. He says if he did not get 
 it he should not much care. Then he goes on thus. " However, as 
 it seems he wishes to enter the Army, it may be advantageous to him 
 to enter into a good Regiment for a few years. As to his returning 
 to Stonyhurst it is quite out of the question" — now this is in October, 
 Avhen if Roger had had to go back to Stonyhurst at all he Avoidd 
 already have gone — " It is quite out of the question, and for these 
 reasons: in the first place he is not of a studious turn of mind, which 
 I regret, but so it is: in the second place Roger is very near twenty 
 years of age, and although I am Avilling to think that he is not of a 
 rebellious disposition, still you will seldom find a young man of that 
 time of life disposed to submit to the rules and discipline of a college 
 life; such you Avill find to be always the case, I except however those 
 young men who dispose themselves for an ecclesiastical career. I
 
 ( CI ) 
 
 have pointed out to Roger certain rules and regulations as to his 
 future studies and employment of his time which he has promised me 
 to attend to, and which I hope may tend to improve his mind very 
 much in other respects ; you will I am sure approve of my not bring- 
 ing him back with me to Paris." There is a great deal more which 
 I do not trouble you with. Finally he says, " How I Avish you 
 could have made up yovu' mind to have accompanied Alfred & me to 
 England last Summer ! ! Everything is so quiet in this country." 
 She did not come to England; it would have taken a great deal more 
 than the persuasive powers of Mr. James Tichborne to induce her 
 to come to this country, for which she had so little predilection. 
 
 From Upton the father and son go to Knoylc. AMien there 
 Roger receives a letter from his mother, remonstrating against his 
 going into the army, and pressing him most urgently to go back to 
 Stonyhurst. This is what Roger says in answer, and from this you 
 may judge whether he did go back. " My dear Mother, I had the 
 pleasure of receiving your very kind letter few days ago I am very 
 much obliged to you for all the kind wishes that you form for my 
 present happiness ; but there is a thing Avliich you say in your letter 
 which does rather sm^prise me after all what I heard you say few 
 years ago" — Here Ave have another peculiarity which I suppose 
 comes from the French : instead of saying, " that," he always says 
 "what;" instead of saying, "after all that I heard you say a few 
 years ago," he says, " tcliat I heard you say a fcAv years ago," Ce 
 que. — " It is the desire that you express of my going back to 
 College. You know very Avell that I am too old to go there 
 again, you knoAV very well also that I shoidd not learn much if 
 I Avas to go there again. I should be very much obliged to you 
 if you don't talk to me of it any more." This shoAvs the sort of 
 resolute determination Avliich this young man had fonned at that 
 time to think and judge for himself and to act on his oaa'u judgment, 
 and not according to his mother's. He continues: " Mr. and 
 Mrs. Seymour," — observe, if you please, that jihraseology. Tliis 
 young man is AAi'iting to his mother concerning her father and 
 his maternal grandfather. If there ever Avas an occasion on Avhich 
 Roger Tichborne would haA'C called Mr. Seymoiu' his grandflither, 
 most assuredly it AA^ould liaA'C been on an occasion Avhen he was 
 wi'iting to his mother; but, so confirmed, so inflexible, so unvarying, 
 so uniform Avas the habit of thinking, speaking, and AAo^-iting of the 
 Seymours Avithout any reference Avhatever to the relationship in blood 
 which existed betAveen him and them, that AAdien he is Avriting to 
 his mother, of her father and his grandfather, he does not refer to 
 him as his grandfather, or her father, but says, " Mr. and Mrs. 
 Seymour arrived here fcAv days ago from Bath. ]\Ir. SejTnour is 
 looking A^ery Avell. I don't knoAv hoAV long he Avill remain at Knoyle. 
 I don't think that he has fixed the time of his departure. Henry
 
 ( G2 ) 
 
 Seymour" (not " my uncle" even to liis motlier) " is gone tliis morn- 
 ing to London. I tliink that he Avill remaiii there all the winter. 
 1 went oiit shooting several times, but as the birds are very wild 
 I could not kill much. Alfred Seymour" (not "Uncle Alfi-ed") 
 '• charged me to give you his love and to tell you that he Avill soon 
 write to you. I remain, My Dear Mother, Your very affectionate 
 and Dutiful Son, R. C. Ticiiborne." That is addressed to "Madam 
 TIchbornc, Rue Castiglione, No. 9." Then there is a letter of that 
 same year, 1848, the last letter of that year, to Mr. Vincent Gosford. 
 It is about sending him some music he left among his papers and 
 about his intention to come to Tichborne. There is nothing re- 
 markable in it with one exception. lie again refers to his having 
 been out shooting at Knoyle, and having been unable to meet with 
 any success on account of the wildness of the birds. " I went 
 out shooting several times, but the birds are so very wild in 
 this country, tliat I have not been able to kill anything." I do not 
 know that going out shooting several times at Knoyle in 1848, when 
 he was nineteen years of age, is a thing that must have made a 
 lasting and ineffaceable impression on his mind. Still, taking it for 
 what it is worth, it is quite clear it was a fact, which the defendant 
 had either not been acquainted with, or had forgotten, for he dis- 
 tinctly stated that he had never gone out shooting at Knoyle. 
 Herewith closes the year 1848, in which year ended the career of 
 Roger Tichborne at Stonyhurst. 
 
 Gentlemen, I do not propose at this moment to go into the details 
 of his Stonylnu'st life : it will be necessary to go into those details 
 hereafter with some degree of particularity, because the defendant 
 was very properly taken through the whole of Roger Tichborne's 
 Stonyhurst career, and you Avill have to form a judgment as to how far 
 the knowledge or the want of knowledge exhibited by him leads to 
 the conclusion that he is or he is not the Ros-er Tichborne into Avhose 
 identity we are inquiring. But there are one or two things which I 
 think we may take along with us before we quit for the present this 
 particular part of Roger Tichborne's life. How did he pass his time 
 at Stonyhurst ? Was it in the indulgence of mere idleness, or did he 
 do his best to profit by the opportunity and to learn something ? At 
 all events, did he learn something ? Now, that he acquired a very 
 decent knowledge of English, in spite of his gallicisms, his French 
 idioms, and his mistakes of grammar and spelling — which, by-the-by, 
 are not of so frequent occurrence as one might on the whole have ex- 
 pected — that he made considerable progress in English and in English 
 writing, cannot be doubted by any one who reads his letters. But it 
 was not confined to English alone. He learned some little Latin, 
 although not much. We know from Father Mann, Avho was Pro- 
 fessor of Latin, that from the first year he was there, having been 
 handed over to Father Pater, who taught him English, to be in-
 
 ( 03 ) 
 
 striictcd in Latin, because liis want of English prevented Fatlier 
 Mann, who did not speak French, from teaching liim liimself, he 
 k'arned from Father Pater a certain amount of Latin. No doubt it 
 does not come to very much. HoAvever, he was able to construe pas- 
 sages from the first book of ' Ciusar's Commentaries.' It is an 
 early school-book, as those Avho have had a classical education know ; 
 at the same time there are very puzzling passages in those said Com- 
 mentaries of Cffisar, as I remember very avcII and of which I have a 
 painful recollection. Still, he did, in the first year work at his Latin, 
 and although we do not know what took place after Father Mann left 
 — he left at the end of Roger's second year — there is no reason to 
 suppose his study of that language was discontinued. Though it 
 never came to much, still, it was something ; and he also seems to 
 have learnt a little of history. Naturally he would do so. Every- 
 body desires to know a little something, however elementary it may 
 be, of what has taken place in the past history of the Avorld ; and I 
 cannot doubt that he had a notion of who Julius Cissar, who AATote 
 those Commentaries, was. The man who laid the foundations of the 
 greatest empire that has ever overshadowed and rided the Avorld was 
 not altogether beyond Roger Tichborne's ideas. I suppose when he 
 was learning Latin he knew perfectly well he was not learning Greek, 
 and he must have known that Julius Ca?sar was a Roman, and Avrote 
 in Latin and not in Greek. 
 
 Again, we know he studied mathematics. I daresay he did not 
 get very far in mathematics, but he got to the end of the first book of 
 Euclid before the professor Avho first taught him left, and while there 
 was still an entire year of his collegiate course remaining ; and for 
 aught Ave know the mathematics were still continued. I do not sup- 
 pose that any amoiuit of mathematical teaching would ever have 
 turned Roger Tichbome into a senior wrangler, and I do not at all 
 Avonder at his stumbling Avhen ho got to the foot of that very un- 
 pleasant obstacle, the Asses' Bridge. There is many a man avIio, 
 starting Avith the notion that he may become a Herschell or an 
 Airey, finds, AA'hen he gets to the Asses' Bridge, that nature has 
 not endoAved him Avith an aptitude for mathematics. It is one of 
 the finest pieces of strict ratiocination that ever delighted the 
 mind of a geometrician or a reasoner ; and no one avIio has ever 
 mastered that problem can look on it AA'ithout re\'erence and delight 
 as one of the masterpieces of the productions of the human mind. 
 But there is many a man Avho fails to get over it. It seems Roger 
 Tichborne failed at it at first. He had to assume that proposition 
 as established — to assume it and pass on, in order to deal Avith the 
 further propositions to Avhich that one is necessarily a step ; but 
 they did get on, the professor tells us, Avith the other proposi- 
 tions, and got to the end of the book. They mastered, again, that 
 equally, I may venture to say, sublime piece of reasoning by Avhich
 
 ( G4 ) 
 
 the square of the hypotheniise is sho^\ni to he equal to the squares of 
 tlie other two sides of a right-angled triangle. Then they went back 
 to the fifth proposition, and ]\ogcr became able to follow the reason- 
 ing and make out that proj^osition fuom its premises to its conclusion. 
 At a later period you have him working again and again at his 
 mathematical studies with the view to his examination for the army. 
 At the same time I have very little doubt that if you had asked Roger 
 Tichborne to do one of these problems when he went on board the 
 ' Bella' he could no more have done it than he could have flown. Of 
 the young men who go in for a preliminary mathematical examination 
 in the books of Euclid or the earlier poi-tions of mathematical science, 
 nine-tenths, ninety-nine hundredths, never open Euclid after they 
 leave school or college, and if you were to ask them in after life to 
 Avork out one of those propositions they would be totally at a loss. 
 Tlie greater is the pity. If you want to keep your mind alive to the 
 true process of ratiocinative discussion or reasoning, you cannot do 
 better than do every now and then Avhat I do not disguise I have con- 
 stantly done in the course of my life, take down Euclid and work out 
 a proposition or two, Avhen you have got leisure. You will find it is 
 a discipline for the mind as regards the faculty of reasoning which I 
 do not believe all the books of logic in the world would so effectually 
 afford you. But the question you will have, by-and-by, to determine 
 is Avhether Roger Tichborne acquired at Stonyhurst such an amount 
 of elementary mathematical information as that Avhat mathematics 
 meant would remain indelibly on his memory, and although he might 
 not be able to work out the propositions of the books of Euclid or of 
 any geometrical treatise, he would be able to tell you what mathe- 
 matical science meant, and what were the subjects with which it 
 deals. 
 
 There were one or two other studies which Roger Tichborne fol- 
 lowed at Stonyhurst. He went through a course of chemistry. The 
 learned professor Avho came here told us that he delivered a course of 
 lectures on chemistry, something like twenty lectiu'es,.and that Roger 
 Tichborne attended that course. I dare say his knowledge, such as it 
 ■was, gathered from these lectures, was of the most elementary descrip- 
 tion ; but still a man does not go to a course of lectures on chemistry 
 and hear even the merest elements of that science expounded without 
 carrying away some impression on the subject. Of all the sciences in 
 the vast range of human knowledge there is none more fascinating than 
 this science, which seems to enable us to resolve the things of creation 
 into their primary elements, and then enables us again to combine those 
 elements in new and fresh combinations, and so, as it were, gives to 
 man a creative power which but for this noble science he never could 
 have dreamt of. A man does not go and hear even the rudiments of 
 that great science expounded without carrying away some knowledge 
 of the subject-matter to which it relates : unless his memory has be-
 
 { 65 ) 
 
 come shattered and destroyed lie will not confound the science which 
 teaches us the elements of things and tends half-w^ay to solve the 
 mysteries of creation, Avith the business of the man who compounds 
 chemicals and prepares the doctor's prescriptions ; and yet that is the 
 view which the defendant on his examination took of the science of 
 chemistry. 
 
 Says the learned counsel for the defendant, Roger Tichborne ac- 
 quired no knoAvledge of any sort or kind at Stonyhurst. He passed 
 his life like a beast of the field, Avallowing and grovelling in the 
 lowest, the most miserable sensuality, smoking and snuffing, making 
 immoral visits to Preston, learning nothing, becoming debased, de- 
 moralised, and lost both in body and mind ; being allowed by tlie 
 authorities at Stonyhurst to indulge in unmixed idleness and the 
 gratification of these evil habits and vicious propensities. They 
 taught no morals, and did not want morals. Thev did not want their 
 youths to grow up with habits of morality and virtue. They wanted 
 " men with the minds of women." Twice, thrice, has that same foul 
 accusation been hurled against the authorities at Stonyhurst. I am 
 no friend to the Jesuit order. I believe that their principles and 
 their purposes are inconsistent Avith the fi-eedom — moral, intellectual, 
 and religious — of the human mind; but to say that this order, Avhich, 
 whatever may be its merits or demerits, has done so much for the 
 furtherance of education — for Avhich literary men ought ever to be 
 grateful to them— to say that this order Avould abuse their opi)or- 
 tmiity to demoralise the youth committed to their charge, and would 
 do it for the purpose of those abominations to Avhich the learned 
 counsel referred, is, to my mind, one of the most fearful accusations 
 ever brought against a body of men, Avliile it is one for Avhich there is 
 not the slightest shadow of foundation. All that the learned counsel 
 can point to is some folly they had in abolishing in the plays Avhlch 
 they performed the love scenes which occurred in them, as they 
 ahvays Avill occur in every play, and converting them, as it seems 
 they did, by some hocus-pocus, some jugglery, into relations of a 
 totally different kind. For this reason, and because there may have 
 been left in one or two of those Stonyhurst plays some passages 
 which the over-fastidious, I had almost said sickly, sentiment of the 
 Reverend Father Fitz- Simon may have thought a little too sti-ong 
 for the ears of some delicate young lady — for something or other 
 of that sort dropped fi-om the Reverend Father Fitz-Simon about 
 some passages in the plays— it was said they Avere altered into some- 
 thing of a different character to Avhich I A^ill not further refer. I 
 never heard so monstrous an accusation, and I trust to God I never 
 shall again. And Avith that, gentlemen, I close for to-day. 
 
 "C3"
 
 ( GG ) 
 
 ONE HUNDRED AND SEVENTIETH DAY. 
 
 Friday, January 30, 1874. 
 Preparation The LoRD CiiiEF JUSTICE : Gentlemen of the Jury, we had 
 
 lui}. jj^j^.^.-^.^^^ yesterday at the close of Roger Tichborne's career at Stony- 
 hurst. We are now entering upon the third chapter, if I may so 
 call it, in the history of Roger Tichborne; namely, the period of 
 twelve months occupied in his preparation for the army. We left 
 him at Knoyle, where he had Avritten that striking letter to his 
 mother of the 11th November, wherein he peremptorily refiises to 
 entertain the idea of going back to Stonyhurst. When he left 
 Knoyle, he went to Tichborne, and Tichborne became his home 
 until the 9th August in the ensuing year, 1849, and it was dm-ing 
 that time that he prepared himself for the examination he knew he 
 Avould have to undergo preparatory to his entering tlie army. Early 
 in the year 1849, he made two visits, one to Bilton Grange, and one 
 to Bath ; but before he left Tichborne for the first of those visits, he 
 wrote a letter to his mother, Avhich I think is not unworthy of atten- 
 tion. It has been said that his time was passed in utter idleness; it 
 was stated by the defendant that from the period of his quitting 
 Stonyhurst to the time of quitting Tichborne, he passed his time in 
 field sports, and any other means of amusement he coidd find, but 
 that he never read ; he had had enough and too much of that, at 
 Stonyhurst, and therefore never gave himself u^p to reading at all. 
 It is right, therefore, that you should hear Roger Tichborne's 
 account of it. Writing to his mother on the 1st of January 1849, 
 when conveying to her his Avishes for her happiness at that season of 
 the year, he adds : " I pass my time here in a very pleasant Avay. I 
 go out riding nearly every day and Avalking. I read instructi\'e 
 books. I read nearly aU that book Avhich you gave me and Avhich is 
 called, I don't remember the name of the book at present, but it is 
 the one which is written by Monsieur de Chateaubrian. It is very 
 interesting indeed, the description which he gives of the Holy Land 
 is A^ery interesting." He is here referring to the Avell-knoAvn Avork of 
 Chateaubriand, the Itinerary from Paris to Jerusalem, AA'hich the 
 author describes Avitli all that floAving eloquence for AA'hich his pen Avas 
 remarkable. Then comes a very pertinent observation : " There is only 
 one fault Avhich I found in it, it is that he makes the preface so very 
 long. I should be very happy if you had the kindness to send me 
 the life of Louis 16, I am sure that it must be a very interesting 
 book. I haA^e not receiA^ed a single letter from I'Abbe Salis since 
 I left Paris, I have forgotten his direction, otherAvise I should 
 liaA^e AA^'itten to him." That letter seems to sIioav that his life Avas 
 not one of unbroken idleness and search after amusement as it has
 
 ( G7 ) 
 
 been represented to have been. As I said, in that year he made two 
 visits, which have been made tlie sidyect of questions to the defend- 
 ant, and which we must therefore note as we go along. The first 
 was a visit to Mr. and JNIrs. AVashington Hibbert at IJilton Grange, 
 near liugbj, in Staffordshire. Tlicre lie spent a fortnight, and an 
 authentic account is ffiven of him 1)V Mi: Mansfield, who met hira 
 there on that occasion. The house Avas fidl of guests ; and Mr. and 
 Mrs. Washington Hibbert took the opportunity of introducing him 
 to persons Avhom he was likely aftervvards to meet in Ireland — to 
 Lord and Lady IIoAvth, who Avere there Avitli their son Lord St. 
 LaAvrenco, and their daughters, the Ladies St. LaAvrence; and aa'G 
 knoAv he visited them afterAvards at their seat at Barmouth, in the 
 neighbourhood of Dublin. ]\Irs. Hibbert not only introduced him to 
 persons Avho Avere there, but also gave him letters of introduction to 
 Dublin; amongst others, to a lady Avhose name has been prominently 
 brought forward — Lady Clanricarde--at that time one of the first 
 people resident there. After he had spent a fortnight at Bilton 
 Grange he Avent to Bath, Avhere his imcle Robert was at that time 
 living. Sir EdAvard and Lady Doughty had come over from Tich- 
 borne on a visit to Bath ; and there Avere other members of the 
 family also staying at Bath at that time. Mr. and INIrs. Nangle Avere 
 residing there Avith tAvo sons, or, at all events, Avith one, and their 
 daughter, Avho have been Avitnesses before you ; and upon that occasion 
 one or tAVO things took place, not indeed A^ery remarkable, but Avhich 
 still might haAX remained in the recollection of Roger. They have 
 been made matters of interrogation to the defendant, and I therefore 
 advert to them. It seems that Avhile all the party Avere assembled there. 
 Sir Edward Doughty, whose presence at Bath, by the Avay, the defend- 
 ant altoo-ether io-nored, met Avith an accident. Mr. Robert Tichborne 
 gave a ball, and Sir Edward Doughty, though very infirm, and Avalking 
 Avith considerable difficulty at the time, Avould come downstairs to see 
 the ball, and in coming doAvnstairs he met Avith an accident, and had a 
 very heavy fall, Avhich naturally alarmed and fi'ightcned everybody 
 present. It turned out fortunately that he Avas more frightened than 
 hurt, and the accident Avas productive of no serious consequences. 
 Still it alarmed the persons present, at all CA^ents, the members of his 
 family, and Avas therefore a circumstance which might have been remem- 
 bered. There happened also another interesting circumstance. Just 
 as the ball Avas about to commence, the Avife of the butler Allen Avas 
 brought to bed of tAvins. Of course that produced some sensation ; 
 they did not knoAv Avhether the ball must be stopped in consequence, 
 lest the mother might suffer from it. HoAvever, the ball Avcnt on. Then 
 there Avas another little circumstance that might have been remem- 
 bered and Avhich has been proved in evidence before you. It seems 
 that young jNIr. Nangle, noAv Major Nangle, and Roger Tichborne 
 
 f2
 
 ( G8 ) 
 
 liacl l)ecn out one evening visiting, or dining out, and as tliey 
 Avei*e coming home they saw the town hall brilliantly illuminated. 
 They inquired what was going on, and understood it was a 
 ball given by the tradesmen of Bath ; and these two young 
 fellows thinking, being two dancers, that their society would 
 be agreeable, proposed to walk in, but the door-keeper said, 
 " No, I beg your pardon, you have no ticket ; yoxi do not belong 
 to us, and I decline to let you in." And very properly. They 
 had no business to go in without tickets, or uninvited; they were 
 served very properly, and it was the subject of a laugh against 
 them; the wanting to go into this ball and being ignominiously re- 
 pelled. That is a circumstance a man Avould be likely to remember, 
 getting very much laughed at for Avanting to go in to a ball when he 
 had no business there, and having to walk off. On this same visit 
 Roger Tichborne was thrown a great deal into the society of young 
 Nangle ; they Avere first cousins, and they Avere young men, and it 
 was very natural they should be much together ; and Major Nangle 
 tells us that at that time he was courting the lady Avhom he aftei- 
 Avards married, and he made a confidant of Roger. I remember that 
 the defendant was much pressed in cross-examination as to Avhether 
 he had not been in the habit of riding OA^er to the house Avhere the 
 future Mrs. Nangle lived, which he denied, and I think it turned 
 out that Major Nangle was not in a position to say that he had ever 
 ridden OA'er Avith him on his visits to his future bride. Still the fact 
 remains that the defendant did not knoAv that Roger Tichborne had 
 been a confidant of young Nangle's hopes and expectations in the 
 course of his courtship. So much for the visit to Bath. That visit 
 has been used for another purpose. You have had CAadence brought 
 before you, to Avhicli I shall have to advert by-and-by, that during 
 this stay at Bath Roger Tichborne, being in the dog-cart of 
 Mr. Spurling, got upset at Melksham ; on Avhich occasion the 
 chambermaid says she had an opportunity of Avitnessing his peculiar 
 formation of thumb, and also of seeing that his left arm AA'as devoid 
 of tattoo marks. Noav AA-ith regard to that she fixes the date as 
 rather in March than February ; at all eA^ents, she says she remem- 
 bers Roger coming to Melksham in the month of March as well 
 as in February. I am bound to say that I can find no trace Avhat- 
 ever of a second visit to Bath, Roger having retiu'ned to Tichborne 
 on the 5th of February, as is proved by tAvo things. In the first 
 place there is the diary of Lady Radcliffe, with an entry of his 
 having left on the 5th, and in the second place a letter from Roger 
 to Mr. Gosford desiring him to send over the dog-cart to take him 
 to Tichborne on the 5th February, showing that Lady Radcliffe's 
 diary is strictly correct. 
 
 Having returned from Bath to Tichborne, he remained at Tich-
 
 ( 69 ) 
 
 borne till the 9tli of August. Upon his leaving Tichborne at the 
 latter date, Lady Doughty in writing to him speaks of the " eight 
 months' stay" he had been making at Tichborne Park — showing, 
 therefore, that during the whole of that period he was undoubtedl}' 
 residing at Tichborne. It was during this time that he began to 
 apply himself to the necessary studies to prepare himself for an 
 examination for the army. Just at that time a new regulation had 
 been introduced, requiring that candidates for commissions should 
 pass an examination, a thing before wdiolly unknown in the army. 
 It was thought- desirable to raise the general standard of education — 
 not perhaps that because a man can speak this or that language, or 
 knows this or that of the events of history, he would make a better 
 officer, but on the general well-founded assumption that the better 
 a man is educated, the more his intelligence becomes developed, and 
 the better he becomes fitted for any profession or calling for which 
 he may be destined. It Avas not exactly known Avhether in the 
 examinations which were about to be held mathematics or arithmetic 
 Avould be taken ; perhaps both ; at all events, it was expected that 
 some proficiency in mathematical science would be required by can- 
 didates for commissions in the army. But in the examination Roger 
 underwent he seems not to have been examined in mathematics at all, 
 but in arithmetic, and possibly expecting to be examined in mathe- 
 matics he had paid more attention to mathematics than to arithmetic, 
 and the consequence was, that being examined in the latter and not 
 in the former, he failed in respect of that subject. But it is a cir- 
 cumstance to be taken along with us that fi-om the early part of 1849 
 down to the time of his examination he was Avorking at mathematics. 
 Mr. Gosford tells us that he used to come and sit in his office, and 
 there Av^ork out his problems, a number of Avhich remained there 
 afterAvards for a long time, till finally thinking them all useless, he 
 SAA'ept them aAvay ; they shoAved the diligence of Roger in preparing 
 himself in this department of knoAvledge. At a later time he had 
 recourse to the instruction of a Revd. Mr. Moberly, avIio lived at a 
 place the name of Avhicli is Avritten OAA^esbury, but AAdiich in fact is 
 pronounced Usselbury, and he Avas in the habit of going there tAvice 
 a Aveek to take mathematical lessons fi'om that gentleman, and one 
 Avould think that going there tAvice a Aveek for the purpose of 
 taking lessons fi-om Mr. Moberly, even if he forgot the name of 
 Mr. Moberly, he Avould recollect the name of the place. But Avhen 
 the defendant is asked Avhether he had taken lessons at OAvlesbury, he 
 fails to remember the name, Avhich he afterAvards accounts for by say- 
 ing it should have been pronounced Usselbury, though I shoidd have 
 thought that, having ridden tAvice a week to the place, he woidd have 
 perfectly Avell knoAvn, that AAdiat Avas called by the counsel, in cross- 
 examining him, OAvlesbury, especially AAdien mentioned in connection
 
 ( 70 ) 
 
 with the name of Mr. IMobcrly, was the same as Usselburv. I liave a 
 letter Avritten to Mr. Hopkins on the 27th of June, shortly before he 
 got his commission : " Dear Sir, I am very sorry at not being able 
 to go to Alresford to see you at half passed 2 as I intended to do" — 
 By-the-by, Ave have here again one of his peculiarities of spelling : 
 he never spells half past as we should, but uses the participle of the 
 verb to pass, and spells it " passed," confounding between " past " in 
 the way we use it— as indicating that which has gone before in con- 
 tradistinction to that which is present or to come — and he takes the 
 participle, and speUs it "passed;" it is one of his peculiarities 
 Avhich remains to the last — " I have a mathematical lesson and I 
 must go there six miles"— It was six miles to Owlesbury — "By 
 those means I am sorry to say I shall not be able to have the plea- 
 sure of seeing you to-day. But if it is convenient to you I slioidd 
 be happy if you allow me to go to Alresford to-morrow at half 
 passed II to have the pleasure of seeing you." That letter shows 
 that he was w^orking; at his mathematical lessons at that time. 
 
 AVe come now to an event in lioger Tichborne's life which cer- 
 tainly is remarkable. You know that an application had been made 
 by Sir Edward Doughty to the Horse Guards for a commission for 
 his nephew in the month of November 1847. We loiow from a 
 letter of his father that in 1848 Mr. Seymour took him to the Horse 
 Guards, where they saw Lord Fitzroy Somerset, and reminded him 
 of the promise, and pressed for the commission, and Lord Fitzroy 
 Somerset gave them an assurance that the commission w^ould be 
 forthcoming before very long. INIonths having, however, passed 
 away, Roger Tichborne began to get impatient about his com- 
 mission. He Avas at Tichborne doing nothing, and Avas anxious to 
 get into the army, and he took a bold step for so young a man : 
 instead of asking his uncle to write to Lord Fitzroy Somerset to 
 remind him that the commission had not been given, he wrote him- 
 self, a thing fcAv young men one would imagine would have been 
 likely to do. Instead of sapng to his uncle, " the commission does 
 not come, I Avish you AA'ould Avritc and jog Lord Fitzroy's memory," 
 he sits doAAm and himself Avritcs a letter, dated the 1 9th of June : 
 " My Lord, I must apologize for taking the liberty of addressing 
 you this letter. But Avhat makes me take such a step, is that I am 
 likely to be obliged to go abroad before long " — I suppose he felt he 
 had stayed at Tichborne as long as he properly could and ought to 
 go to his paternal abode in France — "It is for that reason that I 
 should be most obliged," — instead of iiiuch obliged ; that is another 
 form of his, — " if your Lordship had the kindness to let me knoAV if 
 there is any hope of having my comission before long. I remain, 
 my Lord, liespecfully yours " — unfortunately leaving out the " t," 
 Avhich must have rather struck Lord Fitzroy Somerset, as shoAving
 
 ( 71 ) 
 
 that his coiTesponclcnt was not well up in ortliogi'aphy — "Respecfully 
 yours, Koger Charles Tichborne." This bold step on the part of 
 the young man proved a successful one, for by the very next post he 
 gets a letter from Lord Fitzroy Somerset, telling him that he is to 
 have a comission in the 6th Dragoon Guards, subject to his passing 
 an examination which Avould take place on the 2nd of July at Sand- 
 hurst. Upon which he whites on the 26th of June, " My Lord, I 
 received the nomination Avhich your Lordship w^as kind enough to 
 send me this morning, and for which I am very thankfid. I shall 
 be at the Hoyal Military College on the morning of the 2nd July to 
 pass those examinations which are required of me for my admission 
 in the Army." To Lady Doughty, at that time at the convent at 
 Taunton where her daughter was, he writes on the same day: 
 "I wrote as you know last Tuesday to Lord Fitzroy Somerset about 
 my comission, and to my great surprise I received my comission 
 for answer by return of post which Avas this morning, Thvu'sday. 
 I am named Cornet in the 6th Dragoon Guards, on the condition 
 that I shall pass my examinations at the Royal Military CoUege at 
 Sandhurst at 10 o'clock on the morning of the 2nd of July 1849. 
 The delay is very short. It is what Avill oblige me to study night 
 and day till that time. I hope to have the pleasure of seeing you 
 before I go. Pray give my love to my cousin. I remain, my dear 
 Aunt, your very affectionate Nephew." I observe he spells there, 
 as he always spells the word, "commission," with a single "m." 
 Upon that Lady Doughty replies to him : " I will certainly find 
 time to write to you on an event of your life on which the future 
 may depend. I congratidate you that you are no longer kept in 
 suspense, but have the certain prospect of a commission if you can 
 pass. I Avisli the notice had been longer. Do give as much time as 
 you can to study, but I entreat you to give yourself rest at night, for 
 if you exhaust yourself with want of rest you will deprive yourself 
 of the power and energy of mind required to go through your exami- 
 nations. I have every confidence that you will pass, and I am truly 
 glad that avc return next Tuesday, that the last week may be spent 
 together, not, I mean, that it is the last week, for we should hope 
 you would return to us from Parkhurst" — You see the good lady 
 makes a very serious mistake, for she confounds Sandhurst, Avhere 
 the examination was to take place, with Parkhurst, which you know 
 is a very different place — " I imagine after the examination they 
 will allow you some weeks before you join your Regiment. I cannot 
 wish your father to hurry over before you go to Parkhurst. I hope 
 at least that will be quietly got over." The rest of the letter is 
 of no importance. Well, the news of course Avas communicated to 
 Paris that he had received his commission. How it Avas received 
 there I think you may judge by the next letter, Avhicli is a letter
 
 ( 72 ) 
 
 •written by IVIr. Ticlibonie to IMiss Louisa Seymour^ now Lady 
 Rawlinson. 
 
 " I Avas delighted at the prospect of my dear Roger's entering the 
 Army since he is so anxious for it, and most sincerely do I Avish he 
 may pass through his examination successfully. I am sorry to say, 
 however, that his mother is dreadfully vexed and annoyed at the 
 idea of his becoming a militairc, and is excessively displeased Avith 
 me for haAang given my consent to his doing so. She says she is 
 quite sure he will be packed off for India immediately. As soon as 
 Roger's letter arrived she sat doAvn and penned a long letter to your 
 papa, and Avhich she Avanted to read to me, but I refused to listen to 
 it as I Avas very sure I should not approve of the contents, and I 
 also thought it probable your papa should not ansAver it. HoAvever, 
 I have constantly endeavoured to avoid all discussion Avith Henriette 
 upon this subject, for, whatever may be my opinion the feelings of 
 a mother must ahvays be respected. I OAvn I have a A'ery great 
 objection to a young man's leading a totally idle life." 
 
 To this disturbance at home, occasioned by Roger Tichborne 
 getting his commission, he afterAvards refers, and speaks of it as " the 
 great blow-up" that took place on his being appointed to the army. 
 It is quite plain here that the mother disagreed wuth the father. The 
 father, hoAvcA^er, had the concurrence of her Seymour relations, as 
 Avell as of the Tichborne family, as to the expediency of letting 
 Roger Tichborne go for a time into the army as a school in AAdiich 
 he Avould be Avell trained, and in AAhich the defects of his education 
 might to a certain extent be made up for. 
 Examination I proceed with the narratiA-e : — As the examination at Sandhurst 
 Avas to take place almost immediately, the father, knoAving that the 
 tAvo Colonel GreenAvoods Avere both men of standing in the aiTny, 
 Avrites to request that one of them Avould accompany Roger to Sand- 
 hiu'st on the occasion of the examination. A young man, altogether 
 Avithout experience of the Avorld, and speaking, as he did then, 
 defective English, might, on going there, stand a chance of being 
 looked upon unfjivourably by the examiners, luiless he had the 
 advantage of being introduced by some person of standing in the 
 military Avorld. Accordingly, it Avas thought desirable that one of 
 the tAvo Colonels should go over and introduce him to the professors, 
 and shoAv that he Avas not a nobody ; and Colonel George GreeuAA^ood 
 undertook this task. He and Roger Avent on Sunday, the 1st of 
 July, to Sandhurst, in order to be ready for the examination on the 
 next day. When they got to Sandhurst, there were so many young 
 men goina* to be examined for commissions, aaIio Avere there Avitli 
 their fathers or friends, that the " Duke of York" Hotel at Sandhurst 
 was found to be full. The result Avas, that they could not get accom- 
 modation there, and the colonel and his protege had to go back to 
 
 at Sandhurst.
 
 r 73 ) 
 
 FarnboroTigli, Avhicli is, as you know, the station in the neighbour- 
 hood of Sandhiu'st, and had to dine and sleep at a little public-house 
 near there, called the " Tumble-down Dick." In the meantime, 
 Mr. Dauby Seymour had come doAvu from town for the purpose of 
 being with Roger at the examination and introducing him to the 
 persons he knew. When he got to the Farnborough station, he 
 found that Roger and the colonel Avere at this piiblic-house. Thinking 
 therefore that there was no necessity for his being present the next 
 day, he merely dined with them and Avent back in the evening to 
 London. The next morning Colonel GreenAvood and Roger went 
 to Sandhurst. Colonel GreeuAvood AA-as then able to get a room at 
 the " Duke of York " for breakfast, and finding there were a good 
 many persons there Avho could not get accommodation, he said that 
 anybody AA^as Avelcome to use the room for breakfast, and amongst 
 those Avho did so AA^ere Mr. Delme Radcliffe and his son. A good 
 many questions have been asked Avith reference to these matters, 
 which is my reason for going into details Avhich otherwise might 
 appear A-ery imimportant ; they are points on Avhich the defendant 
 was examined, and on AAdiich his ansAvers Avere more or less inaccu- 
 rate, as you Avill see by-and-by. Well, Roger Tichborne Aveut in 
 for his examination. He aa^s examined in English, in history, in 
 geography, in French, in arithmetic, and in fortification. He had 
 the option of Latin, French, or German, and he naturally preferred 
 French, the language Avith Avhich of all others, so far as speaking it, 
 or translating it into English Avas concerned, he was the most familiar, 
 and he therefore chose it. It has been asked, if he had acquired a 
 knoAvledge of Latin, Avould he not have chosen Latin in preference 
 to French? We all knoAV that he had not acquired any decided 
 proficiency in Latin ; French Avas his mother tongue, and he natu- 
 rally chose French. Well, he passed in history, he passed in geo- 
 graphy, he passed in that Avhich AA^as more particularly a branch of 
 military knoAvledge, fortification, and he passed in French. Unfor- 
 tunately, he failed in arithmetic ; and when one looks at the sum he 
 had to solve, one cannot help thinking it likely that his curious 
 foreign fashion in Avorking out a somcAvhat complicated sum may to 
 a very considerable extent have misled the examiner, Avho probably 
 Avas unused to anything of the sort, and he may have given him 
 credit for less ability in arithmetic than Roger Tichborne really pos- 
 sessed. HoAvever that may be, he failed in that department ; he did 
 not at first knoAv that he had failed in it ; he had done so Avell in the 
 others — indeed, he had been told by the professors that he had done 
 well — that he fully believed he had passed. I should notice a fact 
 which we noAV knoAv from Colonel Greenwood, namely, that they 
 returned to Hampshire the same day that the examination took 
 place. They did not stay tAvo or three days, as the defendant has 
 stated ; the examination did not last tAvo or three days, but only one.
 
 ( 74 ) 
 
 and tlicy returned to Hampshire that same night. On the next day, 
 July 3rd, Roger TiehLorne writes thus to Mr. Seymour :—" Dear 
 Sir, I am hai)py to inform you that I have passed my examinations 
 yesterday at Sandhurst. I have answered to every question Avhich 
 they asked in all the different branch " — a mistake for branches — 
 "of study which they required me to know for my admission in 
 the army, all the professors signed a paper Avhich proved that I 
 knew well what they examined me upon. That paper was send to 
 the Horse Guards" — "send" for "sent" is one of his characteristic 
 mistakes, and one which a foreigner would not be unlikely to fall 
 into; where a verb has its past tense formed, not according to the 
 normal rule, but in an irregular form, it is easy for a foreigner to 
 make a mistake about it. In words that end in "nd"— ascend, 
 bend, spend, lend, he invariably makes the preterite the same as 
 the present tense, instead of either adding "ed," or converting the 
 "d" into a "t;" you will find the same thing throughout his letters — 
 he continues " and the report is to be made to-day. I was told by 
 the Colonel Avho examined me on fortifications that I would hear 
 from the Horse Guards in the course of this week. I shall be very 
 happy to let you know when I shall receive my comission" — com- 
 mission spelt as usual with one " m." — " Pray remember me most 
 kindly to Mrs. Seymour and to all of yours. I remain Dear Sir 
 Truly yours, R. C. Tichborne." 
 Removal to It turned out, as I have said, that he Avas mistaken in thinking 
 
 that he had passed in everythiug ; but he seems to have passed satis- 
 factorily, except in arithmetic. It is even probable that owing to his 
 having done very well in the other subjects they did not reject him 
 on account of his failing in that ; for they accepted him, subject only 
 to a further examination in the one particular branch in which he 
 had failed, prior to his being allowed to join the regiment, and even 
 that was afterwards dispensed with. Whether they said he must 
 pass another examination before going into the regiment, but told 
 him afterwards that if he could get certificates of mathematical pro- 
 ficiency that would do, I do not knoAV. Possibly, Colonel GrccuAvood, 
 or some one on Roger's behalf, may have said that having failed only 
 in arithmetic, he would give himself to its study, on Avhich they said, 
 " Very well, if he can satisfy us in that respect Ave Avill dispense Avith 
 the second examination." In order to obtain more efficient instruc- 
 tion he now gave up Mr. Moberly, the gentleman at OAvlesbury, 
 and proceeded to London to ha\'e the benefit of some higher master. 
 I ask you to bear these things in mind — the various stages of his 
 progress throughout this year 1849 — because they have been made, 
 and very properly made, tests of the defendant's knoAvledge of the 
 events of the life of Roger Tichborne at this period. You Avill ob- 
 serve that up to the time of his going to the examination at Sandhurst 
 on the 2nd of Jvdy, Roger Avas staying at Tichborne, Avorking at his 
 
 Londou.
 
 ( 75 ) 
 
 problems there, and receiving instructions from ]Mr. Mobcrl}^, the 
 clerg-yman at Owlesbury, in that neighbourhood ; that he docs not 
 leave Tichborne for the purpose of studying in London or receiving 
 instruction in London with a view to the examination at Sandhurst 
 at all : — he goes up to London in order to obtain better and more 
 effectual instruction, not with a view to the examination at Sandhurst, 
 which had passed, but to make good the deficiency in the one depart- 
 ment in Avhich he had failed at that examination. He comes up to 
 London and stays at the house of Mr. Seymour, the father, at 
 39, Upper Grosvenor Street. I should observe that before going to 
 town he writes a letter to Mr. Henry Seymour of the 25th of July, 
 in which he says : "I read with attention what you answered to my 
 letter about my outfit ; I perfectly agree with you that there is more 
 time than is wanted to get it all ready (Dont mention a word of what 
 I say to anybody) but the reason Avhy I wish to be measured before 
 my Father comes over to England is this. My Father as you know 
 is so very changeable that perhaps my mother who is not in the 
 least partial to my getting into the army" — then comes a little break 
 in the composition, he seems to have got into a bewilderment — 
 " what I fear for those reasons which I have just explained is this 
 that if she gets again the upper hand over my father she will make 
 him change, and if I am measured for my outfit before he comes to 
 England there will be no drawing back. Here are my reasons for 
 wishing to go to the Tailor so soon." — Well, he goes up to London, 
 and stays at the house of Mr. Seymour in Upper Grosvenor Street. 
 As showing that he Avas quite aware of the name of Moberly, as the 
 gentleman who had insti'ucted him, and that of the place where 
 Mr. Moberly resided, I find a letter wi-itten fi'om Upper Grosvenor 
 Street to IMr. Vincent Gosford, dated the 10th of September, in 
 Avhicli he says : " Dear Sir, I should feel very much obliged to you if 
 you had the kindness to ride or send a note to Mr. INIaburly, at 
 Owsbury, to let him know that I don't intend to take any more 
 lessons fi-om him at present." This shows that he Avas perfectly Avell 
 aAvare, Avithin a trifle — he does not spell it quite accurately — of the 
 Avritten name of the place, at Avliich Mr. Moberly resided — " I shoidd 
 also be much obliged to you if you paid him the lessons which I have 
 taken from him, and to let me knoAv hoAv much it is, that I may send 
 you a post office order for that sum by return of post. What makes 
 me Avrite to you about it is this, I have received tAvo letters from him 
 to let me knoAV that the time for joining my Regiment is close by, 
 and that I ought to study. I am going to write to him that I am 
 studying in London, and that I cannot go to him at present. I shoidd 
 be very much obliged to you if settle Avith him as soon as possible. 
 Pray ansAver m'j by return of post." This shoAvs very plahdy that 
 Roger Tichborne kncAv both the name of Mr. Moberly, AAdiich he 
 naturally Avovdd do, as he had so frequently gone to take lessons from
 
 ( 76 ) 
 
 liim, and that he knew the name of the place at which jNIr. INIoberly 
 resided. You will have, by-and-by, to judge whether, if that name 
 had been submitted to Roger Tichborne as a place where he had 
 been in the habit of going to receive mathematical lessons, he would 
 not have known, although the name was pronovmced Owlesbury, that it 
 was, in fact, the same place as was knoAvn in the country by the name 
 of Usselbury. When in London he gets a letter from Lady Doughty, 
 a passage from which I Avill read, because it shows very plainly how 
 long and constantly he had been staying at Tichborne, on Avhich a 
 question w^ll arise by-and-by. It is dated Saturday. " I shall begin 
 this letter to-day tho' no post will prevent my sending it till to- 
 morrow (Sunday) when perhaps I may receive the letter you promise 
 me in your Uncle's. He Avas much gratified by hearing from you so 
 soon, & I am delighted you thought of writing to him. If it would 
 give you a little self-love or self-esteem, both of which you require, 
 I would teU you how very much you are missed by us all" — after the 
 character you have heard given of Roger, it is worthy of notice Avith 
 how much affection, tenderness, and even respect, these relations of 
 his \ATite to him — " I Avould tell you hoAv very much you are missed 
 by us all — for my part eight months has so habituated me to see you, 
 that the loss of you to tease or scold, together with my child being 
 established in the school-room" — Miss Doughty had then returned 
 home from the convent at Taunton, and Avas staying at Tichborne — 
 " makes me feel quite desceuvre, and the riders missed you sadly 
 yesterday when they took a long ride thro' the Grange to INIitchel- 
 dever." Then there are other tilings AA'hich being but gossip I pass 
 over. " Monday — I AATote the aboA^e letter on Saturday but could 
 not find a moment to finish yesterday. Probably you knoAv ere this 
 that in answer to a kind explanatory letter your Uncle sent to your 
 Father on friday he has AA^ritten a kind one in return and begs the 
 past may be buried in oblivion, and proposes to come and bring Alfi-ed 
 here after our return fr-om the sea." Then she says, " I shall surprise 
 you by telling you that we shall pass thro' toAvn next Wednesday 
 Afternoon & embark at St. Katherines Wharf that same evening for 
 Scotland. We shall reach Edinburgh on Friday please God. Your 
 Uncle took this detemiination in consequence of Mr. Lyford recom- 
 mending total change of climate and a sea a oyage as likely to do 
 both him and me good — he at once decided on Edinburgh Avhich he 
 has never seen and I am too happy to go to my dear Sister and Col. 
 Macdonnel. We shall remain some Aveeks there but return the end 
 of Sept''" to receive your father." Then she tells him they Avill be 
 in toAvn on the day she has named, at a certain hour, and begs him 
 to come and meet them at five o'clock in the afternoon, and to dine 
 Avith them at BlackAA^all. They Avere about to go by steamship to 
 Edinburgh, and came to London for that purpose, and thereupon 
 begged of Roger to come and meet them, that they might dine
 
 ( 77 ) 
 
 together. It was on that occasion that Roger made a particular 
 communication to his aunt. lie took the opportunity of that short 
 meeting to whisper a Avord in her ear, which is associated with the 
 one romance of his life — I mean his love for his cousin. Miss 
 Doughty had returned to Tichborne from her school life at the 
 convent school at Taunton at the beginning of the vacation in June, 
 1849, while Roger Tichborne was staying there. The two cousins 
 had only met three or four days at Bath at the commencement 
 of that year. Before that time they had not met for many years, 
 owing to the different periods of the year at Avhich their respec- 
 tive vacations took place ; but in 1849 she came back to stay 
 permanently at home, at least so it Avas intended at that time, 
 and Roger Tichborne fell in love with her. Perhaps it was only 
 at this time a nascent affection, but the first germ of it was lodged 
 in his heart, and it never left him. One traces it to the last 
 hour of his unquestioned life. It appears that he made some com- 
 munication on the subject to Lady Doughty in perfect confidence 
 and luider a promise of secrecy. I shall trace this passion of Roger 
 Tichborne throughout its Avhole course. It forms one of the most 
 remarkable and important parts of this inquiry, and is, it appears to 
 me, one of the most material topics AAath Avhich Ave have to deal as a 
 crucial test of the identity of the defendant. At this time Lady 
 Doughty does not appear to have discouraged him. That in the 
 progress of time she conceived a different vicAv of it fi-om that Avhicli 
 she may have entertained at first — that her mind vacillated backwards 
 and forAvards — that she sometimes thought of the possible union of 
 her daughter Avith her nephcAv, while at another time she entertained 
 the strongest objection to it, seems pretty plain from the correspond- 
 ence. There were things AA^hich tended to make her think such a 
 union desirable ; there Avere other things Avhich operated in the con- 
 trary Avay. In the first place, in a Avorldly point of vicAV, the match 
 Avas all she could desire for her daughter. INIiss Doughty, by marry- 
 ing her cousin, Avould become the maternal head of the old house of 
 Tichborne ; she Avould be mistress of Tichborne Park, Avith all the 
 advantages which that position could give ; she Avould be the Avife of 
 a man Avith a large and an ample fortune. Nothing, in point of 
 Avorldly and social consideration, could be better. jSIoreover, it is 
 very plain from Lady Doughty's letters that in many respects she 
 esteemed Roger ; and it is beyond all possibility of doubt that she 
 loA'Cd him Avitli a most sincere and almost motherly affection. But 
 then there Avere considerations Avhich operated in the opposite direction. 
 In the first place, there Avas the near relationship. Very many per- 
 sons think a marriage betAveen first cousins objectionable on the score 
 of too great propinquity in the matter of relationship ; and to Roman 
 Catholics this applies much more forcibly than to those Avho do not 
 belong to that religion, because it is a union which the Roman
 
 ( 78 
 
 Catliolic Chxircli— of which the Eoman Cuthollcs deem the aiitliovity 
 superior to everything — discountenances and discourages; and, 
 although dispensations are granted, still the imion is one which is not 
 looked upon Avith favour. And Lady Doughty kncAV perfectly Avell 
 that this Avas an opinion Avhich her husband strongly entertained, and 
 A\hich, as far as she kncAV and believed, lloger's father also shared. 
 There AA'ould be, therefore, considerable obstacles and difficulties in 
 that respect ; and, unfortunately, there was a still more cogent reason 
 operating on her mind to make her very reluctant to encourage this 
 attachment, and that Avas that she saw in lloger Tichborne Avhat she 
 believed to be the germ of evil. She kncAV he Avas in the habit of 
 roadino- bad books — books Avhich she thouo-ht of the most abandoned 
 and disreputable character; and it had been AAdiispered in her ear that 
 Roger Tichborne Avas not a paragon of Adrtue. I do not belicA-e that 
 Roger Tichborne Avas a Avhit Avorse than one-half of the young men 
 in the Avorld, but it is a mistake to suppose that he Avas the imper- 
 sonation of immaculate purity Avhich on more than one occasion it has 
 been sought to represent him ; and Lady Doughty had a notion that 
 Roger Tichborne Avas not as strict in point of morals as a young man 
 ought to be. Of course, a lady like Lady Doughty Avho Avas un- 
 aAvare of the Avays of the Avorld Avas very much shocked at the notion 
 of any departure from the rule of moral propriety ; but, hoAvever, it 
 was not so much that. Yoimg men are young men. We knoAv A^ery 
 Avell AAdiat college life and military life is in that respect ; but young 
 men soav their Avild oats and do not make any the Avorse husbands ; 
 they settle doAA-n, they find AAdiat the charm of domestic life and hap- 
 piness is, and everything goes smooth and aa'cII, though a young man 
 may have been a little Avild. But there is a vice AAdiich, if it takes 
 possession of a man, is Acry seldom shaken off, and that is the vice of 
 intemperance ; and Lady Doughty soon became aAvare of the pro- 
 pensity of Roger to take too much. I believe there has been great 
 exaggeration in this respect — that is, if it is meant to be implied that 
 he was an habitual drunkard, a man Avho drinks till he becomes Avhat 
 the drunkard is, something on a level Avith the beasts of the field — 
 Avho destroys all the superior gifts of man by this degrading and de- 
 basin o; vice. Roo'er Tichborne Avas not an habitual drunkard ; I do 
 not suppose he drank more than, if you Avere to go back fifty or sixty 
 years, Avas usual. In the days of our foreftxthers, the more bottles a 
 man could drink Avithout tumbling under the table the higher Avas 
 considered his social merit. Happily Ave have passed that period — I 
 hope never to return to it. A man Avho now takes more than is 
 ordinarily alloAved by the social standard is looked upon as a lost man. 
 NoAv Roger Tichborne Avas a person of sluggish and inert nature, in- 
 tellectually as well as physically. He had undergone Aveakening pro- 
 cesses. They hnd tormented him avIicu a boy and exhausted his vital 
 energy by that abominable issue, kept open for three years. When
 
 ( '9 ) 
 
 tlicrc was anything the matter with liim, they had reconvse to the 
 peniicious practice of bleeding (which I am happy to tliink has gone 
 out like drunkenness), and he had been sulijectcd to this two or three 
 times ; he seems also to have been occasionally sulyect — as many 
 people arc — to Ioav spirits and a disposition to despondency, not look- 
 ing to the bright side of things, but on the contrary, to the dark and 
 gloomy side of life and its surroundings. When he had got his bottle 
 of wine he found himself lively and in good spirits, and so, I daresay, 
 he Avas induced to take more than was desirable ; and once or twice — 
 but only once or twice, so far as we know — he exhibited the effects of 
 this undue indulgence, and Lady Doughty became aware of it. Now, 
 I suppose there is hardly anything a mother would shrink from with 
 greater horror than the notion of marrying her daughter to a man 
 who either was, or had a predisposition to become, a drunkard. No- 
 thing so debases a man in the eyes of those by whom he is sm-- 
 rounded ; nothing can have a greater tendency to make the life both 
 of his wife and children a miserable one than that a man should be a 
 di'unkard. Lady Doughty therefore naturally shrunk from giving 
 her daughter to lloger. At the same time, his protestations of reform 
 were so strenuous, and apparently so sincere, that at times her dispo- 
 sition to put an end to this attachment gave way, and she still thought 
 of the union of the tAvo cousins as possible. I am not sure that she 
 was not playing a little with lloger — for a very honest and legitimate 
 purpose it is true, but which still, if it was the motive Avhich actuated 
 her, made her conduct not quite candid or fiiir. She had a dread of 
 Roger going to India ; he was the hope of the family ; he was the 
 future heir of Tichborne, who was to perpetuate the race. There 
 were but two left, himself and his brother, and if they failed the name 
 of Tichborne would be extinct ; and that the elder of the two brothers, 
 the heir to the title and the name, should go to India, and be exposed 
 to the dangerous climate, with the possibility of being engaged in 
 warfare there, was a thing which seems to have struck poor Lady 
 Doughty, as it did the other relations, with perfect horror; so, on 
 more than one occasion, she refers to his attachment as a reason why 
 he should not go to India with his regiment; or why, if his regiment 
 did not go to India, he should not exchange into another in order to 
 go there, as he again and again threatened to do. She put it to him 
 that he Avas capable of creating an attachment, and that he might 
 form a union— pointing very plainly, I cannot but think, to her 
 daughter — by means of Avhich, instead of exposing his life to the 
 dangers of a trying climate, or to the chances of Avar and battle, he 
 might lead a happy domestic life in the old Hall of Tichborne, sur- 
 rounded by every means of happiness and enjoyment Avhicli this life 
 could afford. I cannot help thinking that Lady Doughty did, to a 
 certain extent, hold this out to him for the purpose of keeping him in 
 England, Avithout having, perhaps, made up her mind to let the mar-
 
 ( 80 ) 
 
 riage take place, or to use her influence a\ itli lier liusband in getting 
 his consent. You will be better able to judge of that when I come to 
 read the letters. The matter was brouo-ht to a crisis at a visit Avhich 
 Roger Tichborne paid at Tichborne in January 1852. With all 
 that matter we shall have to deal hereafter. I have only given you 
 an outline of what I conceive to have been the Avorking of Lady 
 Doughty's mind at the earlier period, in order that, Avhen I come to 
 give you the letters somewhat more in detail, you will be able to see 
 Avhether your judgment agrees Avith mine as to Avhat Avas operating 
 on the mind of Lady Doughty, Avhat Avas passing in her thoughts, 
 Avhat Avere her motives and intentions. • 
 
 Property. There is another subject Avhich comes Into play at this same 
 
 period, and it is one of ecpial importance, not as regards the interest 
 involved in it, but as a test of the defendant's identity : it is that 
 Avhich relates to the estates both of Tichborne and Doughty. In 
 Roger Tichboriie's time some great and most important changes 
 Avcre introduced into the dispositions of the family property. In 
 tliose changes Roger bore a prominent part, and the question Avill be 
 Avhether in AAdiat he did Avith reference to the alteration in the 
 disposition of those estates, he Avas a passiA^e tool or an intelligent 
 actor. If Roger Tichborne understood all that Avas done by himself 
 in respect to the alterations that Avere carried into effect about the 
 Tichborne and Doughty estates, he could not, I apprehend, possibly 
 ha\"e foro-otten AA'hat he then did. You Avill hereafter have to con- 
 sider Avhether the defendant, Avho Avas asked as to Avhat Avas done 
 Avith regard to the property, had the most remote conception of 
 Avhat Avas the state of the Tichborne property, or Avhat Avas the 
 slate of the Doughty property, or of AA^hat Avas done in respect of 
 either. If he shoAved a fair knoAA'ledge, I cannot conceive anything 
 Avhich ought to operate more strongly in his favour, provided always 
 that you should be satisfied that that knoAvledge Avas the genuine 
 reproduction of his OAvn mind and memory and not deriA^ed from 
 extraneous sources. But if, on the other hand, you come to the 
 conclusion that he kncAv nothing in the Avorld about the dispositions 
 of the property, either as it existed before Roger Tichborne inter- 
 fered or afterwards, this Avould be, in my opinion, unless you can 
 come to the conclusion that these are matters he could possibly 
 forget, or, as his counsel suggested, that the man's memory has 
 become so imperfect and impaired that he does not remember any- 
 thing, a fatal difficulty in the defendant's Avay. 
 
 Tichborne Let me, in the first place, give you a short account of the 
 
 property as it stood at the time I am referring to. Roger Tichborne 
 Avould come of age on the 5th of January 1850, and upon his 
 comins: of ajze a resettlement of the Doughtv estate could be 
 effected. AY hat I Avant you, first of all, to consider is, as I have 
 
 Estate.
 
 ( 81 ) 
 
 said, liow far Roger Ticliborne was an intelligent actor in that 
 which is about to take place. But in order that you may be able to 
 form a judgment upon that point, it is necessary that I should tell 
 you what he did, and in order to make you understand what he did, 
 it is necessary that you should be made fidly aware of Avhat was the 
 state of things prior to Roger Tichborne's interference. Noav the 
 property to which the heir of Ticliborne would be entitled consisted 
 of two distinct sets of estates, acquired and held under altogether 
 different titles. There was, in the first place, the old Ticliborne 
 property which had been in the family from generation to genera- 
 tion from a time prior to the Norman Conquest. Added to that 
 Ticliborne property were two other estates which had been recently 
 bought, the one called Old Court at Pryor's Dean, and the other a 
 place called Whitears in the immediate vicinity of Ticliborne. 
 
 Before I tell you how the Ticliborne property stood, let me 
 explain to you, in terms, so far as I can possibly use them, alto- 
 gether unaffected by technicality in any way, what the position of a 
 person is with reference to an entailed property where he is in the 
 entail. I explain this for the benefit of any gentleman who may 
 not be so conversant with the law of real property as to know 
 beforehand what I am about to state, for it is desirable that it should 
 be made perfectly intelligible. An estate may be held in what is 
 called fee-simple — in which case the owner has the absolute power to 
 dispose of the property in any way he pleases, by sale or by mort- 
 gage, by giving it, or by disposing of it by deed or will. If you 
 have such an estate, you have an absolute dominion and power over 
 it to do what you please Avitli it. But an estate by the law of 
 England may be Avliat is called entailed ; that is to say, it may be so 
 settled as that, although you may have the present enjoyment of it, it 
 is not in your power to prevent the devolution of the title and the estate 
 to those upon whom it may be settled after you. Such is the case 
 where an estate is granted to you and to the heirs of your body, as 
 distinguished from your heirs general, and Avhicli, failing the heirs of 
 your body, may be settled on others in remainder. Such an estate 
 is said to be entailed. You cannot without first getting rid of the 
 entail dispose of that property to the prejudice of those who are in 
 the entail after you, and who are entitled to succeed Avheii your estate 
 is determined. Of such an estate you cannot dispose unless you get 
 rid of the entail ; but you may get rid of the entail by a certain pro- 
 cess which the law recognises, and which a statute has prescribed. 
 But in order to get rid of the entail, you must be in a certain posi- 
 tion. If you are tenant in tail in possession, and the estate is thus 
 in you, though on the failure of your issue it is by the settlement to 
 pass under the entail to some one else, you may, by what is called a 
 disentailing deed, get rid of the entail, liberate the estate altogether 
 
 G
 
 ( 82 ) 
 
 from tlie effect of it, and by tlie proper process convert that Avliicli 
 was an estate in tail, as it is called, into an absolute fee-simple, 
 so that you may dispose of it. But supposing you are not actually 
 in possession as tenant in tail ; that there is a prior estate for 
 life, Avhile you have an estate in tail in remainder, as it is called 
 — that is to say that, upon the expiration of the estate for life, that 
 estate being determined, the estate will be yom-s in possession — 
 then neither the tenant for life, nor you, the remainderman, can 
 alone disentail the estate ; but if the two parties, the man at present 
 in possession for life, and the man who will come into possession at 
 the expiration of the estate for life, concur, they together may 
 execute concurrently a disentailing deed, and resettle the estate in 
 fee-simple, or in any other manner they please. Therefore, sup- 
 posing you have a person who is tenant for life with remainder to 
 some one in tail, the tenant for life cannot touch the entail ; nor, as 
 long as the estate for life remains, can the man who has the re- 
 mainder, that is, who is to succeed to the estate in tail as soon as the 
 life interest has expired, because he is not tenant in possession; but 
 if the two concur, one being the tenant for life, and the other the 
 tenant in tail in remainder, they can, by the joint operation of their 
 concurrent will, and the necessary deed executed by both, get rid of 
 the entail. 
 
 NoAv, the Tichborne estate at the time in question stood in this 
 position. By a settlement executed in 1844, when Sir Henry 
 Joseph Tichborne was still living, the Tichborne estate was limited, 
 first, to Sir Edward Doughty for life, with remainder to the heirs of 
 his body in tail. Then came Mr. James Tichborne, the next brother, 
 for life, with remainder to his eldest son, not in tail, but for life, with 
 remainder to the heirs male of his body in tail. So that, Roger's 
 father having only an estate for life, and he having only an estate 
 for life, neither of them was in a position to bar the entail to the 
 Tichborne property, nor could the entail of that estate be got rid of 
 until such time as Roger himself should have a son who should 
 attain the age of 21. When Roger had a son who attained the age 
 of 21, if that son concurred to bar the entail, they could execute a 
 disentailing deed, and get rid of it; but as things stood, Roger 
 Tichborne not being married, and having no children, and having 
 only an estate for life, there Avas no estate of inheritance in re- 
 mainder of Avhich the party possessed could by concurring with the 
 tenant for life get rid of the entail. The Tichborne property, there- 
 fore, could not be touched; there was no power short of an Act of 
 Parliament which could enable anybody to get rid of the entail of 
 the Tichborne estate, or to vary or alter the dispositions of it in any 
 respect. Now, the Tichborne property Avas heavily incumbered, and 
 that had arisen in this way: When the settlement was executed, the
 
 ( 83 ) 
 
 Umltations of wliicli I have been describing, the estate had been 
 charged by it with heavy incumbrances. In the first place, it had 
 been charged with 24,000/. for the benefit of Sir Henry Tichbornc's 
 daughters. Their portions Avere made up by the sale of other pro- 
 perty — Tichborne Street and property in London — to a larger sum, 
 adequate to their position in the world; but in addition to this 
 there had been charged upon Tichborne for their benefit the sum of 
 24,000/. In addition to this there was charged upon Tichborne by 
 that settlement a sum of 32,000/., for the benefit of jNIiss Doughty, 
 and that arose in this Avay : by the terms of the will of jNIiss Dovighty, 
 the lady who left the property to Mr. Edward, afterwards Sir Edward 
 Doughty, there was only a power to charge the Doughty property, 
 large as it was, with a sum of 8,000/. for JNIiss Doughty's benefit. 
 But 8,000/. was a very inadequate do^vry for the only daughter of a 
 man, the possessor of estates worth at least fi-om 15,000/. to 20,000/. 
 a year. But Sir Edward Doughty, then Mr. Doughty, was able to 
 make it up to his daughter in another way. . It seems that in some 
 prior settlement — I am not aware whether by deed, or will — but in 
 some prior disposition of the Tichborne property — whether they had 
 disentailed it fi'om any former entail, or whether it stood fi-ee as an 
 estate in fee-simple, I do not know, nor is it material — but in some 
 former disposition of the Tichborne property, whereas it was intended 
 that there should be a remainder to Mr. Edward Tichborne, not in 
 tail, but for life, by some mistake of the conveyancer he was made to 
 take an estate tail in remainder, and the effect of that would have 
 been that, as soon as he came into possession he could disentail the 
 Tichborne property, and dispose of it as he pleased, and, if he thought 
 jjroper, instead of allowing it to go, as it always had done, with the 
 Tichborne title, he could give the whole of it to his daughter. But 
 he did not desire to do any thing of the kind. All he wished was 
 that an adequate and fair provision should be made for his daughter. 
 He could not AAish, and had not it in his mind and heart to dispossess 
 the Tichborne title of the property which ought to go with it ; and it 
 was very easy to arrange matters in this way. He could not charge 
 the Doughty estates with more than the 8,000/. to which his power was 
 limited by Miss Doughty's Avill ; but by a fi-esh settlement executed 
 by his brother and himself of Tichborne, they could charge Tich- 
 borne Avith such a sum as Avould make up what Avould be a com- 
 petent and proper doAViy for Miss Doughty ; and inasmuch as she 
 had 8,000/. on the Doughty estates, if they gave her 32,000/. on the 
 Tichborne estates, it would make up her doA\Ty to 40,000/., an 
 adequate sum for a young lady, even the daughter of a man of such 
 large fortune ; while no injustice would be done, according to the 
 scheme they had in their minds, to Tichborne ; and for this reason, 
 namely, that the Avhole of the Doughty estates Avould one day come 
 
 G 2
 
 ( 84 ) 
 
 into tlie possession of tlie future heir of Ticlibornc ; and as whenever 
 the future heir should attain the age of twenty-one, it Avould be per- 
 fectly easy to disentail the Doughty estates, and to settle them anew, 
 and to impose any charge they might think proper upon those estates 
 under the terms of such settlement, the matter might then be 
 adjusted by disposing of or charging any part of the Doughty 
 estates for the purpose of liberating Tichborne; by which means Miss 
 Doughty would have justice abundantly done to her claims, while tlio 
 Tichborne estates would not be in any way prejudiced, although there 
 had been for the time a heavy burden ])laced upon them. Besides the 
 incumbrances on Tichborne proper, there were also charges which 
 attached to the smaller properties of Old Court and Whitears. The 
 first of these. Old Court at Prior's Dean, had been bought by Sir 
 James himself for 2,374/. ; it had been settled to the same uses as 
 the Tichborne estate proper, with this difference, that instead of the 
 remainder, as Avas the case with the Tichborne property, being to the 
 right heirs of the settlor. Sir Henry Joseph, this was settled, after 
 the estate tail should have expired, to the heirs general of Mr. James 
 Tichborne; but the property remained charged with that 2,374/. to 
 him. The other small property, called Whitears, had been bought 
 by Sir Edward Doughty for 2,200/., but 2,000/. out of it had been 
 found by Mr. James Tichborne, and that property owed Mr. James 
 Tichborne that amount, which remained charged upon it. And the 
 interest in 3,000/. in these properties had been made over to the 
 trustees of Mr. Tichborne's marriage settlement, imder Avliich he had 
 covenanted to find a sum of 6,000/. for the joint use of his Avife and 
 himself, afterwards to go to the children, while Mr. Seymour Avas to 
 find another 6,000/., and he had satisfied 3,000/. of the 6,000/. that he 
 Avas to furnish by a charge on this particular property. 
 
 By one of the Jury : The rent of the Tichborne estates Avas only 
 about 5,000/. a year. 
 
 The Lord Chief Justice : I Avas going to say so. The effect 
 upon Tichborne for the time Avould have been A'ery gricA^ous indeed, 
 because the rental of Tichborne Avas, as you haA^e A^ery truly observed, 
 no more than from 5,000/. to 6,000/. a year ; and if you include the tAvo 
 small additional properties, of Avliich I haA^e been speaking, and AA^hich 
 had been recently acquired, the Avhole rental could not liaA'C exceeded 
 6,000/. a year. Noav on an estate of 6,000/. a year an incumbrance of 
 60,000/. is of course a A^ery heaAy burden indeed ; but if you could 
 take from Doughty that Avhich Avould make Tichborne free, no harm 
 at all Avould be done to the paternal and family estates; Avhile on the 
 other hand, perfect justice Avould be done to the pretensions of JNliss 
 Doughty. This then Avas the scheme they had in view, namely, 
 Avhen Roger came of age — for his concurrence was necessary, and
 
 ( 85 ) 
 
 that concurrence could not be given until he was of age — to disentail 
 the Doughty estate, and to sell — not to raise the sum Avliich they 
 afterwards did raise for the purpose to which I have referred, but to 
 sell — a considerable portion of the Doughty estates, in order to raise 
 a sufficient sum to discharge the burden previously imposed on the 
 Tichborne estate. It occurred to the brothers, and some persons may 
 think very wisely, that two family seats were one too many, and that 
 Upton would only be an incumbrance. The old ancestral seat, where 
 the family had lived in honour from generation to generation, was 
 Tichborne. It Avas as a distinguished family iti the county of 
 Hampshire that the Tichbornes were of consequence ; it was natural, 
 therefore, that they should wish, as far as possible, to aggrandise 
 Tichborne. The Doughty estates had come into the family but 
 recently ; they cared little or nothing for them, except so far as their 
 pecuniary value was concerned. What was to them an estate in 
 Buckinghamshire? What to them an estate, however productive, in 
 Lincolnshire? What cared they for property in Surrey? or for 
 property in the neighbourhood of Gray's Inn Lane? or for pro- 
 perty in Dorsetshire? The latter had only been recently acquired 
 by the trustees of the Doughty estate, or purchased by Sir Edward 
 Doughty. The scheme therefore was to sell Upton and everything 
 belonging to it, and make the proceeds of the sale available for the 
 pm-pose of setting Tichborne free : further, they proposed, as in all 
 probability the Upton property would not suffice for that purpose, 
 either to sell other property belonging to the Doughty estates, or to 
 raise a sufficient sum by mortgage, than which nothing woidd be 
 more easy, considering the great value of the estate, and so to find 
 money to fl'ee Tichborne from the incumbrance fixed upon it. Well, 
 this was a very sagacious and very taking scheme, and those who 
 proposed it — I believe Mr. Hopkins, the old family solicitor, who 
 understood how the property stood, Avas at the bottom of it — thought 
 it a thing that might very easily be brought about. 
 
 Vie have seen hoAv property entailed can be disentailed. The 
 Doughty property, I must noAv explain to you, stood on a very 
 different footing from that on Avliich Tichborne stood ; for there the 
 remainder to Roger Avas not a life remainder, as it Avas in the case of 
 the Tichborne estate; it Avas a remainder in tail. By the Avill of 
 Miss Doughty, and the deeds executed in conformity Avith the poAvers 
 of that Avill, and under the directions of that vdll, the estate stood 
 limited to Sir EdAvard Doughty for life, Avith remainder to the heirs 
 male of his body; the next remainder Avas to Mr. James Tichborne 
 for life, Avith remainder again to the heirs male of his body, and the 
 heir male of his body was Koger. Roger, therefore, had an estate 
 tail in remainder, and not, as he had in the Tichborne estate, an 
 estate for life only: consequently, there Avas no necessity to Avait till
 
 ( 86 ) 
 
 lie slioulcl have children and his eldest son should come of age ; and, 
 by the concnrrent action of Roger, and of the two estates for life 
 which preceded his estate in remainder, in executing a disentailing 
 deed, the property could be disentailed the moment Eoger Tichborne 
 came of age, and could be re-settled in such manner as they should 
 think fit. The event of Eoger coming of age was looked forward to, 
 therefore, as an opportunity for immediately carrying into effect what 
 the two elder persons, the uncle and the father, had had in their minds 
 ever since the execution of the settlement of Tichborne in 1844; and 
 accordingly Mr. Hopkins, Avho was instructed to moot this to Eoger 
 Tichborne, and explain to him what was required to be done, took 
 for granted that when he did so, there would not be the slightest 
 difficulty, and that Eoger would at once enter into the scheme, 
 and readily acquiesce in that which was proposed by his father 
 and uncle. Mr. Hopkins naturally thought that the young man 
 would at once yield to their wishes, and not dream of resisting the 
 desire of his uncle and father. The three altogether mistook their 
 man. Eoger Tichborne was not a young man to be dictated to in 
 a matter of that description, and he had already conceived in his 
 mind a totally different scheme, which he persisted in carrying out, 
 and did carry out. He had in his mind the idea of creating a second 
 family, which should owe its position and estates to him. I do not 
 know whether he had got the notion into his head that 20,000/. or 
 25,000/. a year was too large a property for one individual ; but one 
 thing is quite clear, that from the earliest time at which he could 
 form a judgment or intention on a matter of that kind, he made up 
 his mind that Upton should become the seat of a second family, with 
 half the estate or thereabouts appropriated to that particidar branch. 
 If he lived, of course, he intended to have the enjo}Tnent of the 
 whole undivided property ; but he had made up his mind that Upton 
 shoidd not be sold, in order that Avhenever he died, if he had a 
 second son, Upton, as the seat of a second family, with a portion of 
 the estate attached to it, should go to that second son. He had also 
 made up his mind, that if he did not marry, or marrying had no 
 children, the same thing should be established Avith reference to his 
 brother Alfi-ed. Alfred for his life should have the same advantage 
 as himself, but when Alfred died — the eldest son taking Tichborne, 
 which of course he would take as of right, and with which Eoger had 
 no power or desire to interfere — the second son should have Upton 
 with a portion of the Doughty property — with which property it would 
 be in Eoger's powder to deal wdien the estate was disentailed, and he 
 had thereby the power of disposing of it. He had this scheme in his 
 mind to be afterwards carried into execution, but he did not com- 
 municate it to any one. He kept it locked up in the recesses of his 
 own breast, until such time as the plan was ripe for execution ; but
 
 ( 87 ) ■ 
 
 when Mr. Hopkins proposed to him to disentail the Doughty estates 
 and to resettle them, so that a power might be acquired to sell Upton 
 and the Upton property, together with such other property as might 
 be necessary for raising a sum to free Tichborne, and also to aggran- 
 dize the Tichborne estate, he resolutely resisted the proposal, and 
 would not give in to it. Now Avhat I Avant you to follow me for, in 
 the letters we are coming to, is that you may be able to satisfy your- 
 selves Avhether in this resistance, and in Avhat Roger afterAvards did 
 in respect of the settlement of the Doughty estate in 1850, and in 
 the still more important docimient, the will made in 1852, to the 
 details of Avhich I shall haAC to call your attention hereafter — 
 Avhether in all these things he Avas merely a passive instrument, or 
 was acting on his OAvn judgment and by A'irtue of his o^A^l intelli- 
 gence, understanding thoroughly CA^erything he was doing. It has 
 been suggested on the part of the learned counsel for the defendant, 
 with the A'icAv to cover the ignorance exhibited by the defendant 
 with regard to the disposition of this property, that Roger Tichborne 
 was merely the passive instrument and creature of Gosford. There 
 are very strong reasons, I think, for coming to a different conclusion, 
 inasmuch as it seems to me very plain that it Avas to the interest of 
 j\Ir. Gosford to keep the property together and not to alloAv it to be 
 divided, as in the latter case he Avould lose the stcAvardship of half. 
 But irrespective of any such extrinsic consideration, I AA^ant you to 
 folloAV these letters so as to form your OAvn independent judgment as 
 to Avhether Roger did or did not thoroughly understand Avliat he Avas 
 about, and take the utmost pains to make himself perfectly master 
 of the subject ; and AA^hether he did not exhibit a firm resolution not 
 to be huii'ied into any step the precise consequences of Avhich he did • 
 not understand; and before he finally executed that instrument, 
 which in the event of his death would be irrevocable, and Avould 
 operate in all time, he did not take the most remarkable pains 
 thoroughly to understand and to master all the details of it. When 
 I come to shoAv you by-and-by Avhat the defendant has said upon 
 the subject of the disposition of these estates, under the settlement of 
 1844 as regards Tichborne, under the settlement of 1850 and the 
 AA^ll of Roger Tichborne as regards Doughty, you aa^II see the infinite 
 importance of the inquiry Avhich I am inviting you to enter upon, 
 namely, AA'hether Roger did or not understand Avhat he Avas about 
 in executing the various instruments to AAhich he affixed his sig- 
 nature. 
 
 NoAv, Mr. Hopkins had spoken to him on this subject A'ery shortly 
 after he came up to London. He came up, as Ave know, on the 9th 
 of August, and stayed in Upper Seymour Street for the pui-pose of 
 going on Avith his mathematical studies. Mr. Hopkins comes to 
 toAvn and sees him on the subject of this proposed disentailing and
 
 ( 88 ) 
 
 resettling of the Douglity estate, and Mr. Hopkins appears to have 
 been staggered by the resistance of this yoiuig man, and his refusal 
 to do what it had been supposed it would be only necessary to pro- 
 pose to him to insure his perfect acquiescence. Roger whites to 
 him, " My dear Sir, — have not been able to aiiswer your letter 
 yesterday as I wished it at first I have been very busy all day 
 long yesterday so that I had but little time to myself. I am sony 
 to see by your letter" — Mr. Hopkins having written to him in the 
 meanwhile — " that the conversation which we had on Wednesday 
 embaresses you so very much about the Doughty Estates." Of 
 coiu'se it took INIr. Hopkins all-a-back. There was his scheme all 
 ready prepared, and he expected to have nothing to do but to in- 
 struct the conveyancers to go to work to carry it out. Xo so. Roger 
 continues. " I reflised, that is true, to give a definitive answer before 
 I come to 21, but at the same time I cannot help thinking, Avhen 
 I think of what those papers Avliich you were so kind as to lend me 
 and Avhich I read with much attention" — then there is somethino^ 
 wanting — " that many of those papers which are to be di-awn, could 
 be draAvn dm-ing this time and next January as they are relative to 
 family settlements. I hope that you Avill excuse me not T\T:iting a 
 longer letter to day it is nearly 5 o'clock. But on INIonday I Avill 
 make it a point to write you a longer letter." In other Avords : — 
 " You may go on Avith those deeds Avhich merely refer to the disen- 
 tailing of the property. When you come to that part of it Avhich 
 relates to the resettlement hold your hand; I am not going to 
 execute that until I thorouglily understand Avhat it is you propose to 
 do and until I altogether assent to what you propose to do ; but in 
 the meantime as regards the disentailing deeds, go on Avith those, 
 they Avill be ready to be executed whenever Ave have agreed on Avliat 
 shall be the scheme for future settlement." Mr. Hopkins appears 
 to have AATitten to him again on the subject, and Roger answers : 
 " I Avas not able to giA'e to my letter of last Saturday all the extend" 
 — meant for extent—" I could have Avished for want of time. I 
 should be sorry that my too long a delay should trouble you in the 
 least to knoAv Avhat ansAver to make to my Father. I shall be of age 
 in four months and a half, and I ask that time to be able to make 
 up my mind in such a manner that later in life I may not reproach 
 myself to have acted Avithout having Avell thought about Avhat I Avas 
 to do." After this the coiTCspondence with Mr. Hopkins is inter- 
 rupted for a time, and other correspondence intervenes. 
 
 In the meantime. Lady Doughty and her daughter had gone to 
 Scotland, and were noAv at Edinburgh ; and from thence Ave have a 
 letter from Lady Doughty on a totally different subject, which shoAvs 
 that Roger Tichborne Avas not addicted merely to the loose literatm-e 
 of Paul de Kock's novels, that he did not pass all his time in mere
 
 ( 89 ) 
 
 country sports as the season for hunting or shooting might afford 
 the opportunity, but that he had read books of literary merit, among 
 them some of the French comedies of the immortal French dramatist 
 Moliere. He had evidently advised Lady Doughty to read Moliere's 
 play of the Misanthrope, and he had sent her the book, no doubt 
 with observations upon the two leading characters contained in the 
 play, one of whom is the man of the Avorld Avho looks upon every- 
 thing fi'om the pleasant side, who accepts the conventional views 
 of social life — not as indicative of vice or folly, but as contributing 
 to the cheerfid enjoyment and happiness of mankind ; while the other 
 is the morose, rigid moralist, who looks at everything from the 
 dark side, Avho can see nothing but folly and vice in mankind, and 
 who thinks it meritorious to shun society rather than seek its enjoy- 
 ments. Roger Tichborne professed to be of the latter rather than 
 of the former character, affecting to take a gloomy view of life, and 
 a desponding xiev^ of his own position. Lady Doughty expresses 
 the brighter view : " I have just received Le ISIisanthrope, and for 
 your sake shall study it, though I daresay I shall share the opinions 
 of Philente more than Alceste, but we Avill discuss it some day, I 
 hope, in the little smoke-dried room " — that is the room built for 
 Roger at Tichborne, as Mr. Gosford told us, and where he smoked 
 so much that she calls it a little smoke-dried room. I merely refer 
 to this in passing to show you that Roger Avas not incapable of 
 appreciating the literary merits of the charming writer by whom that 
 work was composed. 
 
 He writes another letter to Mr. Vincent Gosford of that same 
 period, namely, on August 24th, in which he adverts to the topic of 
 the proposed settlement. He says, " I am studying as much as I 
 can to be able to finish all what I have to do by the 1 of October, 
 then I hope to be able to go and pass a Aveek at Tichborne Avith my 
 uncle and aunt before I go to Dublin Avhere I hope to go about the 
 middle of October. Mr. Hopkins Avrote me fcAv days ago to tell me 
 that he Avished me to write to him to tell what Avas my last determi- 
 nation about the Settlement, that he Avanted my ansAver to give it to 
 my father. I ansAvered him that I Avas very soon of age and that I 
 Avanted that time to think more deeply upon it, to be able to think 
 about it in such a manner that I may not repent latter in life " — he 
 there uses tAvo " t's" instead of one — " may not repent latter in life 
 of having given my consent Avithout having Avell thought about Avhat 
 I Avas about to do. He shoAved that letter to my father, as he had 
 told me he wished to do, and he vnrote me (and I received his letter 
 yesterday) that my father was very glad to see that I studied the 
 things so much and that he approved of my delay to be able to think 
 more about it. I am very glad of it and I hope then to be quiet for 
 the rest of the year,"— and so on. There is a letter shortly after-
 
 ( 90 ) 
 
 wards which is of no importance except with a view to show that this 
 young man had rational pursuits as well as the pursuit of amusement, 
 and sport, and so forth. " I should be much obliged to you if you 
 went to my smoking-room and took there a book Avhicli is called 
 Lardner Steam Engine and send it me by Tom, A^dth my ombrella " 
 — writing, according to the French, " ombrella " instead of the 
 English word ; and then Ave have a misspelling Avliich is Avorthy of 
 the doubted Roger— '•' Avhich is in one of my draiosy We have 
 very few instances of misspelling Avorse than that, I must con- 
 fess. There is another letter from Lady Doughty from Edinburgh, 
 AA'hich is only important in this Avay, it contains the name of Lady 
 Neave, a name which Avas put to the defendant after Avards in 
 cross-examination. She says, "I had intended a long letter but 
 haA'e received a shock to-day by seeing in the papers to-day the 
 death of my poor step- Sister Lady Neave. She Avas my Father's 
 Daughter by his second Avife. She has left a A^ery large Family and 
 will be a great loss. She Avas brought up a protestant by her 
 Mother. I shall of course be in mourning," and so forth. That is 
 the only mention, I think, that occurs of Lady Neave's name Avhich 
 might have left the recollection of her name as being the half- 
 sister of his aunt Lady Doughty ; but, being mentioned only once, 
 it might have passed away and haA^e been entirely forgotten. I 
 mention it, howcA^er, because it Avas one of the names put to the 
 defendant as a test Avhether he was Rower or not. Then on the 
 7th of September Roger Avrites to Mr. Gosford : " Mr. Henry Sey- 
 mour Avent aAvay about ten days ago. Since that time I enjoy all 
 the bauties "—the " e " of the Avord being left out — " of the life of a 
 Misanthrope. I know nobody in London at present. It is by far 
 the best plan for me at present to be a Misanthrope " — that is a 
 shunner of the Avorld and mankind —"because Avith my little taste for 
 study, it makes me study fi-om morning to night, if it is only to do 
 something. I am getting on A\dth my studies very Avell. I intend to 
 pass a mathematical examination before I leave London, and to 
 receive my certificates AA^hich Avill prove that I knoAV as much 
 mathematics as is required of me to knoAv at present. It may be of 
 little use to me at present, but it AA'ill be perhaps useful for my 
 promotion." Then he talks about the tailor and accoutrements, and 
 so forth. " I shall have a Te Deum sung when the first of October 
 comes, and that I Avill liaAe passed my examination, and I may leave 
 London. I don't like London at all. I hope to be able to go to 
 Tichborne for a week or so at the biginning of next month." Here 
 we have a characteristic spelling again, not invariable but nearly so 
 — he spells to " begin " and " beginning " with an " i " instead of an 
 " e " in the first syllable, which is one of the peculiarities he never 
 shook off to the end of his letter-AATiting. Then comes a letter from
 
 ( 91 ) 
 
 Lady Doughty of a painful character, because it introduces Roger's 
 mother again upon the scene as a mischief-maker — a woman whose 
 querulous and quarrelsome disposition was constantly marring the 
 peace of those w^ith Avhom she came into contact. " Are you going 
 to see your Father again ? Do you know when he is going to return 
 to France, or where he is ? Of course you are aware that after all 
 seemed happily settled between your Father and Uncle your Father 
 wrote to say your mother was not satisfied, and he requested Sir 
 Edward to write to her, & gave her direction in Paris. Your uncle 
 Avrote kindly but firmly to your Father to decline doing this ; saying 
 * that never having seen your mother for fifteen years, or ever written 
 to her, he was convinced no good could result from his writing noAV.' 
 Since this yoiu* Father has not Avritten again, so we know not where 
 he is, or if he does intend coming to Tichborne or not. I did not 
 name this before as we Avere in hopes it would pass — however, your 
 uncle desires me now just to tell you the facts as they have happened." 
 At the end of her letter she says, " dear Roger, I want to offer one 
 little bit of advice, and that is still to improve in letter writing, in style, 
 spelling, &c. Now, don't be angry with me, or write less often, but as 
 this is a talent that must be called forth in the army, it is so very 
 necessary for you to know different styles of letter writing — so forgive 
 me for venturing to advise you, and with kind love from your uncle 
 and cousin Believe me always, y"" affect"'* Aunt." Whether upon 
 that Roger provided himself with that very useful work for in- 
 different scholars called ' The Complete Letter Writer,' I do not 
 know, but I must say that, Avhatever faults and mistakes (and they 
 are abundant) we find in point of spelling, he certainly does improve ; 
 he does not shake off the habit of using French idioms and forms of 
 expression, but his style impi'oves, and at all events becomes fluent 
 and facile. His thoughts appear to come readily, and his language 
 readily adapts itself to the thought that is present to his mind ; and, 
 as my learned brother Lush is good enough to remind me, and I am 
 much obliged to him for the reminder, with one or two exceptions, 
 which clearly never were intended to go beyond the person to whom 
 the letters are addressed, his letters are always in good taste. They 
 are always the letters of a man accustomed to educated and refined 
 society. That is one of their characteristics which, I think, will 
 hereafter prove of considerable importance in the issue you have 
 to determine, and is a thing well worthy of your notice. On the 
 15th of September he AATites to Mr. Henry Seymour, " My dear 
 Henry Many thanks for your very kind letter which I had the 
 pleasure of receiving yesterday. I should be much obliged to you 
 if you had the kindness to let me know the day of your arrival 
 in London that I may wait for you to go about to see horses. The 
 reason which makes me ask the day of your arrival is this. I
 
 ( J>2 ) 
 
 receiv^ed yesterday a letter from my father in Avhich he expresses a 
 wish that I shouki go and join him on the 29th of this month. I 
 dont think that I shall be able to go out of London on that day 
 because I have my examinations, and it is also on that day that 
 Mr. Floun is to give me " — Mr. Floun being I suppose the professor 
 with whom he Avas reading — " is to give me my certificates which I 
 am so anxious to receive from him before I leave London. But on 
 all cases I shall leave on the 31st or on the 1st of October the latest." 
 To his aunt, who had inquired where his father was, he writes on 
 the 18th : " My Father is at Knoyle at present. I received a letter 
 from him last Saturday. He wishes me to join him on the 29th. I 
 don't think that I shall be able to leave London on that day. But I 
 hope to be able to go on the last day of the month or on the first the 
 latest. My Father will go back to Paris on the 10th or 12th of 
 October." He says, after other passages about music and things of 
 that kind, " I intend to go to Dublin about the 20th October, I hope 
 to have the pleasure of seeing you and my Uncle before I go to 
 Ireland. I fancy that about that time you will be back to Tich- 
 borne. If you allowed me I should be most happy to pass few days 
 at Tichborne before joining my Regiment. I don't suppose they 
 will refuse me at present or even oblige me to undergo another 
 examination as I will have my certificates which Avill prove that I 
 have passed my examinations in London and that I know as much 
 Mathematics as is required of me to laiow at present. What makes 
 me say so is that my name is in the Army list since the first of Jxdy 
 and I dont think luader those circumstances they will refuse me at 
 present." All this shows how the subject of mathematics was present 
 to his mind. 
 Visit to I do not note that there is anything that calls for observation in 
 
 ^noy e. ^j^^ further correspondence going on at this time -with Lady Doughty. 
 
 She seems to have written to him not less than five or six times when 
 at Edinburgh, from whence the family returned about the end of 
 September. On the 11th of October we find him at Knoyle. He 
 writes to Mr. Gosford, " My dear Sir, I left London on the second 
 of this month to come and pass few days Avith my Father before he 
 goes back to Paris. I shall leave Knoyle on Munday " — Avhicli he 
 Avrites strangely enough Avith a "u" — "the 15th of this month as my 
 Uncle and Lady Doughty haA^e allowed me to pass fcAv days at 
 Tichborne before I go to Ireland. I intend going there on that day 
 for a fcAV days. I shall leave Salisbury for Winchester by the 
 1 o'clock train." Therefore he Avas to be at Tichborne on Monday 
 the 15fh, according to that letter to Mr. Gosford. We haA^e here 
 again an instance of the accuracy of Lady Radcliffe's diary, for in 
 that diary it appears that he arrived on Monday, the loth. During 
 this visit to Knoyle a circumstance happened Avhich requires to be
 
 ( 93 ) 
 
 mentioned. Mr. Seymonr, his mother's father, was at that time 
 dying. He had been for some time ill Avith dropsy, and was then in 
 the last stage of that complaint. He had gone to the house of 
 Mrs. Hopkinson, his wife's mother, for the benefit of the superior 
 medical advice which was to be had at Bath and Avhich could not be 
 had in his part of the country. In the meanwhile Mrs. Hopkinson 
 had come to Knoyle and was staying there, and it so happened that 
 Mr. Seymour, her son-in-law, died at her house at Bath, while she 
 remained to die a very short time afterwards in his house at Knoyle. 
 It is an unquestioned fact that Mr. Seymour died in her house at 
 Bath, and I think there cannot be any doubt that Roger went over 
 fi'om Knoyle to Bath on purpose to take leave of his grandflither. 
 Whether that last visit, as it proved to be, Avas intended to have 
 about it all the solemnity of a final leave-taking so far as this world 
 is concerned, or Avhether it was a leave-taking simply because Roger 
 Avas going aAvay to Ireland in the course of a week or tAvo, and it Avas 
 of course right and proper that he should go to Bath to see his 
 grandfather before he Avent to Ireland, from Avhich he Avould not 
 return for a long time, I do not knoAv : possibly the visit combined 
 the tAvo things. It may be that Roger did not go to take a final 
 leave of his grandfather on this side of the grave ; but the probability 
 is that he perfectly Avell kncAv the state in Avhicli his grandfather Avas, 
 and that though the visit might assume the form and character of a 
 mere present leaA-e-taking and not of a final one, still, practically 
 speaking, he w^ould see his grandfather no more in this Avorld ; Mr. 
 Seymour Avas known to be dying. We are in the month of October 
 and he died in NoA'cmber. Everybody kncAv that he was at the last 
 gasp, and Roger Tichborne, I should imagine, could not ha\^e failed 
 to be made acquainted with the state in Avhich his grandfather was ; 
 and although he might say, " I am come OA^er to see you before I go 
 to Ireland," and said nothing about taking a final farcAvell, and 
 although the old man may not have been aAvare hoAv near he Avas to 
 death, and may not have received his grandson as though it Avere for 
 the last time, and giA^en him his parting blessing before he lost sight 
 of him for CA^er — I cannot help thinking that Roger must have knoAvn 
 that in all human probability he Avoidd see his grandfather no more. 
 NoAv comes a question Avhicli Ave must ask ourselves : if jon go to see 
 some relative avIio has been as kind as a father to you for years, and 
 you knoAV that he is rapidly approaching the final termination of this 
 Avorld's existence, and take his hand for the last time, and you knoAV 
 that the farcAvell that he utters wiU be the last that you Avill ever hear 
 from his lips, and then Avithin a A^ery short time that loved person 
 passes away from the world and you see him no more, is that a 
 circumstance Avhicli Avould remain impressed indelibly on the memory, 
 never to be forgotten, or is it a thing about AA'hich you may make a
 
 ( 94 ) 
 
 mistake, and whereas you saAv liim at Bath, may confuse it in your 
 mind and think you saw him at Knoyle, and whereas you saAV him at 
 Bath for the last time and knew he died there, could forget that and 
 say afterwards. No, he did not die at Bath, he died at Knoyle. If 
 asked, " Did you go and take leave of him there for the last time ? " 
 could you say, " Oh, dear no. I went to take leave of him, because 
 I Avas going to Ireland. It did not make any impression on me. I 
 did not laiow he was going to die." Is that what you think would 
 residt from a parting under such circumstances, a leave-taking, which 
 although it might not have had the outward character of a final one, 
 yet practically was known to be one which would never be repeated ? 
 That is a question which you will have to decide by-and-by when 
 you have heard the defendant's account of how he Avent to see his 
 grandfather and where he saw him. I call attention to it noAV as one 
 of the events of Roger's life, because I think it is one of those things 
 Avhich ought fairly and justly to be taken into consideration in 
 determining whether the recollections of the defendant are the recol- 
 lections of Roger Tichborne, or the recollections of some one else. 
 That is all it is necessary to say about it at present. 
 Life in Army Gentlemen, Roger returned fr'om Knoyle to Tichborne, and passed 
 iTeiand^ '" ^ ^^^^ ^^J^ ^^ ^^^6 latter between the 15th of October and his final 
 departure for Ireland, Avhich took place, if I mistake not, somcAvhere 
 about the 22nd or the 23rd of the month. He crossed the Channel 
 and arrived at KingstoAvn on the 25th ; on the 26th he proceeded 
 from QueenstoAvn to Dublin, and on the 27th he joined his regiment. 
 On his arrival at Dublin he Avent to present himself to the colonel, 
 Avho at that time Avas Colonel Jackson, and there, as you probably 
 remember, a someAAdiat curious scene took place. We have Colonel 
 Bickerstaffe's account of it. The latter as adjutant Avas transacting 
 regimental business AAath the colonel, the young man presents himself 
 to the colonel, who looks at him, and whether fi-om his appearance, 
 or dress, or AA'hat — Colonel Bickerstaffe says from the seedy appear- 
 ance of his dress — the colonel takes him for a cook, come to assist the 
 regimental cook at a dinner AAdiich the regiment Avas about to give, 
 and he says, " Oh, send him to the cook ; " but, possibly to the sur- 
 prise of the colonel, Roger, instead of Avalking aAvay, presents him 
 Avith a formal document Avith the seal of the Horse Guards, Avhich 
 turns out to be an official notification that Roger was appointed to 
 her Majesty's Regiment of Carabineers; Avhereupon the colonel 
 desires the adjutant to hand him OA^er to one of the young officers to 
 be introduced, and he is handed over to Mr. Foster. Mr. Foster 
 takes him about the toAvn, introduces him to some of the tradesmen 
 of the regiment Avhom they Avere in the habit of dealuig Avith, amongst 
 others to one essential to Roger, namely, the tobacconist, after Avhich
 
 ( 'J^ ) 
 
 he introduces him to liis future brother officers ; and on the next day, 
 the 27th, Roger joins. 
 
 I should observe that before he left Tichborne he evidently had 
 had a conversation with his aunt, Lady Doughty, on the subject 
 Avhich was nearest to his heart, namely, his relation to his cousin, 
 Miss Doughty. He had renewed the conversation which he had had 
 before with Lady Doughty, when she was passing through London, 
 and I think it cannot be doubted that Koger Tichborne held a very 
 desponding vicAV of his capacity to please, of his own pretensions, of 
 his own appearance and power to win his way in the world, and, 
 above all, to win his way into the affections of a young lady. He 
 appears to have spoken very despondingly indeed, on this subject, to 
 his aunt. She ■\\T:-ites, after receiving intimation of his arrival at 
 Queenstown, " We were most agreeably siu-prised to hear of your 
 safe arrival in Ireland so soon ; I had not dared to hope we should 
 have heard before Tuesday — I have thought of you incessantly since 
 our sad parting on Tuesday night last — I earnestly hope change of 
 scene & active employment will give you a more cheering view of 
 life and draw you from your OAvn melancholy thoughts — write 
 speedily again — tell me how you have been received by your fellow 
 Officers ?" and so forth. Then comes a reference to " Emily Benett 
 and Johnny "; and then she says, " I have remained with your uncle, 
 as I found him low and nervous when I returned from town, tho' 
 better to day, he has felt very much parting with your Father & you ; 
 & the continued painful accounts of dear Bob " — that was his uncle 
 Robert — "make one expect every day's post Avill be the fatal ac- 
 count, he is worse and all expectation of removing him gone, for if 
 raised in bed he faints — God only knows how long he wall last, but 
 truly do I hope tjoji & I may be as well prepared when our hour 
 comes. I rejoiced to find your Father had left the little pictures of 
 yourself & Alfred with us — we have hung them under the family 
 miniatures in the Drawing Room, so your portrait, my dear melan- 
 choly boy, I look at o\qx that very stool where you have passed many 
 an hour talking to me by the fireside in the Drawing Room."- Then 
 she says, " & now My dear Roger, Adieu — be assured that the con- 
 fidence you have placed in me will be quite safe with me — that what- 
 ever may be your future destiny — I humbly pray the Author of our 
 Being that He will guide you to love Him & be grateful for the existence 
 given you here below to work out & gain happiness hereafter ; & that 
 as you do feel affection for a huiuan being " — this having, evidently, 
 a reference to the affection which was becomino; the absorbing 
 feeling of his life, — " as you do feel affection for a human being, let it 
 stimulate your exertions to conquer your faults, & lead a life that 
 could render those you love happy — remember if ever you wish to 
 say anything in confidence to me, you have only to put Private at
 
 ( 96 ) 
 
 the top of a separate slieet enclosed in your letter & I shall never 
 show it, & be assured I am, Ever y"" affec^** Aunt Katharine 
 Doughty." So far, you see, there was encouragement to maintain 
 the affection which he had formed for the daughter. She does 
 not say, " I must tell you fairly that the affection Avhich you have 
 formed for one human being is one that you must seek to get rid 
 of as soon as possible;" but "let it continue to exist so as to be the 
 means of working upon your mind to induce you to lead a good life 
 and cure your faults so as to make the person you love happy ; if 
 you have anything to say on that subject write in perfect confidence 
 to me and be perfectly assured that what you say will not be told to 
 anybody else." That seems to me, I must say, to be giving 
 encouragement to the affection which that passage refers to. 
 
 Then Roger whites to her — this is not one of his confidential 
 letters, but is a letter upon common subjects, and I refer to it only 
 because it shows that at that time, whatever he may have said in his 
 idle talk about misanthropy and despondency of spirits, and disincli- 
 nation to enter into the world, he was entering very cheerfully into 
 Dublin society, and enjoying it very much : " I begin to know some 
 persons in Dublin. I went last Friday evening to a small evening 
 party at Lady Burk." — Let me call your attention here to another 
 peculiarity of Roger's. I do this as I go along with the correspondence 
 that I may not have to come back by-and-by to these letters to pick 
 out the instances in which grammatical or orthographical peculiarities 
 are to be found. Roger sometimes omits the final " s " in forming 
 the plural, and he sometimes omits, but only imder the peculiar 
 circumstance I am about to point out to you, the final "s" of the 
 possessive, or as they call it in the Latin grammar, the genitive, 
 case. He ought to have said, " at Lady Burk's " — he leaves out the 
 "s." This omission of the "s" in the genitive case is a characteristic 
 peculiarity, as I shall have to point out hereafter, of the defendant, 
 Avho does it in innumerable instances; but as far as my observation 
 has gone, with hardly an exception, Roger Tichborne does not fall 
 into that mistake except after the word "to" or "at" — "at Lady 
 Burk." That is a literal translation of the French. CAer, which is 
 the "at" of the French, is not followed by the genitive case, marked 
 by the preposition de. He would say " Chez Lady Burk." In 
 English we should say "at Lady Burk's," " house" being understood, 
 and therefore should use the possessive or genitive case. There is 
 this distinction between the letters of the two periods — in the letters 
 of the undoubted Roger the "s" is omitted, but, generally speaking, 
 only in the case to which I have called attention, while in the 
 letters of the defendant, the " s" is omitted in innumerable instances 
 under totally different circumstances, where an ordinary person, 
 writing ordinary English, would undoubtedly apply the letter " s." —
 
 ( 97 ) 
 
 " I went last Friday evening to a small evening party at Lady Burk ; 
 she invited me to join a party which she had made up to go to the 
 theatre the next day." Then he talks about the theatre, which I pass 
 over. No, by-the-by, there is a mistake there of "opera" instead of 
 " operas." " I went. The piece which was given that evening was 
 Ernani. The music was not very good, and I think that those kind of 
 opera lose by being translated into English. I Avent the next day to 
 dine Avitli Lord Howth; his three daughters and his son, who is in the 
 7th Hussar "—there, by the way, is an " s" omitted, with reference 
 to the plural — "were there ; the ]3arty was rather large. I went on 
 Monday to dine with Lady Clanricarde; the party was rather 
 small." The antithesis is neat. The smallness of the party at Lady 
 Clanricarde 's refers to the time when Roger was made a fool of by 
 a mischievous yoimg gentleman, the then Lieutenant Foster, who, 
 when Koger said he Avas going to dine at Lady Clanricarde's, played 
 off one of his practical jokes, and said, " My dear fellow, you will 
 find all the great people there; the Duke of Cambridge will be 
 there? you must go in full luiiform;" and away he goes and puts on 
 his full uniform — including brass helmet — and in all the full panoply 
 of an officer in Her Majesty's Carabineers, goes to dine Avith Lady 
 Clanricarde ; but she, being his near connection, the sister of his 
 aunt by marriage, Lady Tichborne, the Avidow of Sir Henry, Avith 
 a vicAv to becoming familiarly and pleasantly acquainted Avith her, 
 as it Avere, quasi nephcAv, had asked him to come AAdien nobody 
 was there; and he finds himself in the presence of Lady Clanricarde 
 alone in this full uniform, Avliich, of course, presented a ridiculous 
 appearance. But the good-natm-ed boy took it in his usual amiable 
 Avay, and AAdien he afterAvards saAv Major Foster, he said, " Why you 
 tell me to go to Lady Clanricarde in my uniform? You make a 
 fool of me." That is a little incident, and has only this bearing: 
 it Avould be somethino- to make him remember the Coimtess of Clan- 
 ricarde to the last hour of his life. He Avould remember Avhat a 
 fool he had been made of to go and dine tete-a-tete Avith the old lady 
 in the full uniform of Her Majesty's Gth Dragoon Guards. I don't 
 dAvell longer upon that. There are other letters in Avhich he speaks 
 of the society he was going into in Dublin. We knoAv that at this 
 period his time Avas principally taken up Avith his drills; he says in 
 one letter : " I am getting on A^ery well Avith my drill. I have nearly 
 finished my foot and carbine exercise. If I keep to my work I have 
 for 9 months, but if I dont I may have for twelve or IS months. 
 It is Avhat makes me Avork as hard as I can to get it over as soon as 
 possible." Then there is a passage upon Avhich the learned counsel 
 for the defendant observed that it justified him in not calling Sir 
 Clifford Constable as a Avitness on the present occasion. When I 
 turn back to the passage I am surj)rised at the construction Avhich he 
 
 H
 
 ( 98 ) 
 
 sought to put upon it, namely, tliat it presented to his mind the idea 
 that in this lan2;uao:e Rou'er Tichhorne had intended to convey 
 something offensive Avith reference to the Lady Avhom Sir Clifford 
 Constable married. Now, if I thought that that was the intention 
 or the effect of the passage, most unquestionably I would not read it ; 
 Sir Clifford Constable is not before us, and if it had been anything 
 relating to his domestic concerns which would give him a moment's 
 pain or displeasure, it ought not to be brought forward in public on 
 such an occasion as the present, because it would be wholly unneces- 
 sary for the present purpose, as indeed it would have been even if Sir 
 Clifford Constable had been called before us. But to find in it some- 
 thing offensive, and to say that on that account the learned counsel 
 anticipated, if Sir Clifford should be called, he would be insulted in 
 cross-examination with reference to matters of purely domestic concern, 
 is about one of the strang-est thino-s one has heard of in the course 
 of this most extraordinary trial. " I received, a few days ago, a 
 letter from my Father, in which he tells me a news which he tells me 
 he can scarcely believe himself It is that Talbot Constable is 
 going to be married to a French girl. Mademoiselle de Grammont. 
 I was very much surprised to receive such a news." That is to say, 
 here is an Englishman going to be married to a French girl. I can 
 put no other construction upon it. The name of de Grammont is 
 one of the best known in French society ; and I cannot imagine 
 why marrying Mademoiselle de Grammont should be supposed in 
 any way to reflect on Mr. Talbot Constable. The term " girl " is a 
 term which in familiar language one uses without any idea that it is 
 to have an offensive signification given to it. You say, " Who did 
 So-and-so marry ? " " He married a French girl " or " a German 
 girl."" Whom did Mons. So-and-so marry ? He married an Eng- 
 lish girl, a Miss So-and-so. Is it to be said that the term " girl " 
 is here to carry with it some other idea than that which would 
 present itself to one's mind from its use in ordinary conversation ? 
 You may use it, I quite agree, in an offensive sense, but one cannot 
 imagine that Mr. Tichborne Avould have written to his son about a 
 marriage Avith anybody but a young lady of respectabilit}', or that 
 Roger would have Avritten in that Avay to his aunt if he had intended 
 to convey anything offensive by it. I can only say I think the 
 excuse is a very poor one indeed for not calling a gentleman Avho 
 certainly was at a very early period brought into contact Avitli the 
 defendant in the way of being godfather to his son, and Avhom one 
 certainly did expect to see in the course of this trial as a witness to 
 the fact of his having identified him. The correspondence goes on : 
 Lady Doughty Avrites to him, and amongst other things says, " I 
 was really distressed that you raisimderstood my last letter, and 
 imagined I was displeased Avith you, be assured that I never had
 
 ( 'J9 ) 
 
 siicli an idea, you who ever treated me with real kindness and 
 affection — I made an offer dictated more perhaps by afiection than 
 by prudence, and 1 had not the least idea of reproaching you in any 
 way, so be perfectly satisfied and let us go on as happily as ever 
 together." That was about the confidential communication. Then 
 she says, " Miss Hamilton" — that is the governess Avhom she had 
 taken on ]\Iiss Doughty's return from the Taunton convent — " INIiss 
 Hamilton is leaving us and I am occupied in engaging another 
 who I hope may prove a more companionable person." That was 
 Miss Braine, Avhom you have had before you. I observe that in 
 wi'iting to lloger she speaks of Mr. Seymour in the same way that 
 Roger does himself. She does not say " your uncle Seymour," but 
 " Mr. H. Seymour wrote himself yesterday to announce his flither's 
 death to Sir Edward ; we feel very sorry for his family and he was 
 really a kind friend and always so much interested about you. 
 AVliere will Mrs. Seymour live now ? " He Avrites to her on the 
 7th, "My Dear Aunt, I had the pleasure of receiving your last very 
 kind letter yesterday I was very happy to hear at the same time 
 from Walter Strickland. I am sure it must have been a very 
 pleasant thing for him to find letters from all his friends waiting for 
 him at Valparaiso. I shall be very happy indeed to see him Avhen 
 he Avill come back to England next year and to hear from him the 
 details of his travels." Here occurs an instance of another pecu- 
 liarity of Roger, which is essentially that of a Frenchman. He 
 commonly uses the future tense where we use the present instead of 
 the future. The French are more grammatically correct in that 
 respect than we are. We say in English, using the present for the 
 future, " When I get to London I will go and see So-and-so. 
 When I receive a certain sum I will pay So-and-so." In such 
 instances we use the present for the future. In strict grammar we 
 ought to say, " When I will," or " when I shall get to London then 
 I Avill go and see So-and-so ; " or " when I shall receive a certain 
 sum 1 will pay So-and-so," inasmuch as we are speaking of a future 
 event not yet happened. But an Englishman does not say so, but 
 vises the present tense ; the Frenchman is grammatically speaking 
 much more correct. Roger Tichborne commonly uses the French 
 form, that is the future instead of Avhat the English idiom would 
 admit of and requires, the present. It strikes upon one's ear as some- 
 thing incorrect, but in truth it is only a French form, more correct 
 than the ordinary English one, when he says, " I shall be very happy, 
 indeed, to see him Avhen he will come back to England next year, 
 and to hear from him the details of his travels." He goes on, " I 
 went to dine last evening at Mr. Ball," omitting the " s " of the 
 genitive. " 1 found there a large party, and among other persons 
 I met, 1 met Lord and Lady BellcAv, and was introduced to them 
 
 11 2
 
 ( 100 ) 
 
 and they were kind enough to invite me to go and see them any- 
 time I could get out of ban-acks for a day or two. They told me 
 that Edward Bellew Avas not to come back to Ireland before April." 
 Then he says, " I was very much surprised to receive a few days 
 ago the visit of Gerald Dease, he came to see me at the baiTacks he 
 only pass through Dublin on his way to one of his friends." Now, 
 here there is another peculiarity Avhicli I beg to point out to you, 
 and ask you to notice. Here we have the opposite of the coiTect 
 instead of the incorrect grammar ; we have a serious fault in gram- 
 mar, the use of the present tense for the past ; and it is one of 
 the points of contact in which there is a resemblance in the gram- 
 mar of the defendant, the disputed Roger, and that of the undisputed 
 Koger, whose letters I am reading, that they both of them omit the 
 "ed," which forms, according to the regular construction of the 
 English grammar, the past tense of the verb ; more especially you 
 find it in the word " use " for " used." AYe " use " to do so-and-so. 
 I " use " to do this, that, and the other. Both of them omit the 
 final " d " Avhich constitutes the preterite as distinguished fi'om the 
 present. Both use the present tense when they ought to use the 
 past. " He came to see me at the barracks, he only pass through 
 Dublin on his way to one of his fi-iends." Then he gives a little 
 description of himself: " You remember that when I was at Tich- 
 borne I use to wear a little bit of beard on the chin, well one of the 
 first thing " — here again the " s " is omitted where it ought to be 
 added to form the plural, but it is not in this respect but in its use 
 in the possessive case that the distinction is more marked between 
 the tAvo sets of letters — " one of the first thing I had to do was to 
 shave it off to my great despair, as also to have my hair cut in the 
 regimental fashion ; there is also another thing everybody is telling 
 me that I am coming" — here, there is another characteristic of 
 lloger which hardly ever fails ; where he means to say becoming, he 
 makes a blunder between becoming and coming, betAveen the verb to 
 come and the verb to hecome, and uses the shorter Avord — "that I 
 am coming so very fat in the face, all those things together make me 
 quite another person. I am afraid my Dear Aunt that I ha\'e 
 abused of your patience in AATiting such a long letter. Pray let me 
 soon hear fi-om you. Pray giA'c my Ioa'C to my uncle and to my 
 cousin and I remain My Dear Aunt." Here Ave liaA^e another 
 French expression — "I have abused of jouv patience in Avriting so 
 long a letter." 
 
 Next comes a letter of business, a letter to Mr. Gosford, a passage 
 in the course of which shoAvs that Roger AA^as always aliA'C to Avhat in 
 common parlance is called the main chance. He understood his 
 OAvn interest perfectly, and Avas by no means indifferent to pecuniary 
 considerations. " I am sorry that you have mentioned my intention
 
 ( 101 ) 
 
 of going to England, towards the end of this month or at the 
 beginning of next, to Lady Doughty. I did not wish her to know 
 it as yet. I intended to let her know my intention after I had 
 asked leave, and a few days before I left Dublin. I was sorry that 
 Mr. Hopkins learned it so soon, becanse I shall have no end of 
 business to transact with him, and I must say I have not much time 
 to spare in that way. I received a letter from him this morning, at 
 the same time as yours. He mentions to me that he has received 
 those papers back again." These Avere some papers which were sup- 
 posed to be lost, and which were afterwards found. They are not 
 material to the present purpose ; we have had no evidence on the 
 subject. " I was glad to learn that he had them back again, because 
 they may be very useful to me if I succeed to go to Loudon" — instead 
 of "if I succeed in going." " He offers himself to give me all the in- 
 formations;" that he uses in the plural, instead of the singular, which 
 is French — les informations — they do not use the word in the singu- 
 lar — " to give me all the informations in his power, and he sais " — 
 here we have Roger writing a Avord in a singidar manner, and Avhich 
 he Avrites so Avhenever it occurs : he fancies that the second person 
 singular of the present tense of the verb " to say " is Avritten in the 
 same Avay as the third person of the past tense is Avritten, only Avith 
 a difference of an "s," instead of a " d ;" he iuAariably Avrites the Avord 
 "says" "sais" — "and he sais that if I am not able to go to London, 
 he will come over to Dublin. I have not time to ansAver his letter 
 to-day, but I hope to be able to Avrite to him to-morroAV. You have 
 forgotten to give me in your letter my Uncle's banker, because it 
 may be useful for me to knoAV it later. What preocupies" — that is 
 a French expression altogether, and he spells it AATong by leaAang 
 out one of the "c's" — " What preocupies much my mind at present 
 is to know hoAv I am to get some money to keep me on during 
 next year, Avithout getting too much into debt." — He seems to have 
 had a \^ery salutary horror of debt.— "I have been thinking for a 
 long time that my Uncle having consented to give me an alloAvance 
 of 500/. a year on condition that I should agree to the different 
 settlements Avliich are to be made up by the time that I shall come 
 of age, and to Avhich I am supjjosed to agree, but at the same time 
 he said that he could not make me that allowance except if he AA^as 
 allowed to raise 10,000/. on the property, I Avas thinking that I should 
 not have any objections to his raising that sum of money if he gave 
 me 500/. a year; the only thing Avhich remains to knoAV to settle that 
 point of the business is to have my father's consent, and I fear it Avill 
 be difficult to get his agreement to these arrangements. If it coidd 
 be settled in that way it Avould be a great thing for me, as it Avould 
 pre\'ent me from getting into debts." There he uses the plural in- 
 stead of the singular, but this is a Gallicism, and one does not speak
 
 ( 102 ) 
 
 of getting into debt in France, but of contracting debts. " The objec- 
 tion which I gave you in my last letter to go to Tichborne at present, 
 if I can get leave, is that by refusing to agree to those settlements " 
 — he was determined to exercise his own judgment, and carry out 
 his own purpose, — " that by refusing to agree to those settlements, 
 my uncle might get vexed against me, and get me into trouble, thing 
 Avhich I wish to avoid as much as possible" — we should have said 
 " a thing," but a Frenchman says '^ chose'''' without the article before 
 it — " thing which I wish to avoid as much as possible, and if it was 
 to happen would pain me very much, and I think that by keeping 
 away I may perhaps avoid it in a great measure. I Avish you give 
 me your opinion on that sul>ject in your first letter. I should be 
 very much obliged to you if you had the kindness to answer my letter 
 as soon as possible, an give me as much information as you can about 
 what is going on at Tichborne, and if you had any privat" — which 
 is Avritten without the final "e" — "conversation with Lady Doughty 
 about that subject, and how she likes my coming of age. I suppose 
 that you have many conversations with her on that point, as on many 
 others." 
 
 He next writes to his mother, and talks about his drill ; and from 
 what he says about his drill, it must, I think, be inferred that this 
 young man was very desirous of becoming a soldier, and was doing 
 his best, though he may not have succeeded, to make himself an effi- 
 cient officer : " I am getting on very well Avith my Colonel, the supe- 
 rior officers and my brother officers. I am getting on very Avell Avith 
 my different drills ; I have nearly finished my foot drill. They dont 
 begin to sIioav the Cavalry drill to a young man till he is pretty Avell 
 adA'anced in all the different infantry exercises. I am obliged to 
 knoAV all the foot drill as Avell as an Infantry officer. As I knoAv that 
 part pretty Avell I have begun the different caA^alry exercises. I have 
 tAvo hours riding every morning, one hour in the riding school and 
 one hour out of the school in the Barrack yard. They teach me 
 there all the different caA^alry evolutions, Avhich are all the movements 
 Avhich I am obliged to perform in a revicAv or on marching order. 
 During the afternoon I have an hour and a half of foot drill and 
 SAvord exercise. There is one marching order CA^ery Aveek Avliich 
 I must attend ; on those days I have no drill. It is very pretty to 
 see a cavalry marching order. The Avhole Regiment comes in the 
 barrack yard at a given hour in full dress and mounted. The Colonel 
 inspects all the soldiers and officers to see that their" — here Ave have 
 another peculiarity of Roger Tichborne ; the word " clothes," Avhich 
 occurs again and again, is ahvays Avritten " cloths," Avhich I do not 
 think Ave find in the letters of the defendant — "to see that their 
 cloths are well brushed, and that the horses are Avell cleaned. After 
 the inspection is over he has the Regiment to perform several cavalry
 
 ( 103 ) 
 
 evolutions for an hour, after which the whole Regiment goes out of 
 Barracks in marching order for about two hours. I am very fond of 
 vay new profession, and I have no doubt that the more I shall go on 
 with it" — the future instead of the present— "the more I shall like 
 it. Dublin are very good quarters," — there is some mistake of com- 
 position here; "quarters," I suppose, shoidd come in. Then it would 
 read " Dublin quarters are very good quarters," instead of which it 
 stands — " Dublin are very good quarters, the officers are much thought 
 of; it makes it very pleasant for the officers. I know for my part 
 some persons in Dublin, it makes it very pleasant for me to be able 
 to go and see some persons in toAvn. I must conclude my letter, my 
 dear mother, by wishing you, as also to my Father and brother, 
 a happy new year, which I hope you will pass in good health and 
 happy, and which I hope with all my heart will be followed by a 
 great many others. I remain. My Dear Mother, till I have the 
 pleasure of hearing from you Your very affi3ctionate Son, R. C. 
 TiCHBORNE." Gentlemen, I have read that letter for the purpose 
 of showing Avith how much good will and what desire to make him- 
 self an efficient soldier this young man was entering on his drills and 
 his military duties ; but I think the letter is not imworthy of obser- 
 vation in another view. This was a young man who in 1845 came 
 to England unable to write either French or English. I have read 
 that letter to you. There are Gallicisms in it ; there are one or two 
 mistakes in it ; but form your own judgment whether it is not the 
 language, the tone, the style, of a fairly educated young man, a letter 
 such as — making due allowance, as I said before, for the foreign 
 character which remains more or less stamped on it — would not be 
 a disgrace to a young officer in any of Her INIajesty's regiments 
 to write, and which you would not be shocked at receiving fi-om any 
 relation of your own whom you knew to be an educated man. In 
 that point of view the letter is deserving of attention. It is the last 
 letter of the year 1849. He obtained leave of absence with a \dew 
 to his coming of age, which would take place on the 5th of January 
 following. And on the 2nd of January, this letter having been 
 written on the last days of December — on the 2nd of January, 1850, 
 the year we are entering upon, Roger Tichborne went to Tichborne 
 on leave of absence for, I think, a fortnight, or some such period. 
 Then it was that the matter of the settlement was renewed. 
 
 On this occasion of his coming of age, there was, of course, more 
 or less of festivity, and amongst other things, a ball Avas given — 
 a servants' ball — to Avhich the tenantry Avere invited, and to Avhich 
 many of them came. That took place, I think, on his birthday, the 
 5th of January, or thereabouts. At this ball Roger unfortunately — 
 I do not knoAv that it Avas at all surprising — took a little too much
 
 ( 104 ) 
 
 Eesettlement 
 of Doughty 
 Estates. 
 
 of the puncli Avhich was circulating, and out of that grew the incident 
 which Miss Braine has deposed to, and on which I shall not make 
 any further observation till I come to deal with the evidence relating 
 to the identity of the defendant, whose observation in respect of what 
 happened on that occasion between him and herself is referred to 
 for the purpose of showing that he must be Eoger Tichborne. 
 I think there can be no doubt that Roger did indulge a little too 
 freely on that occasion ; and the fact, perhaps, found its Avay to Lady 
 Doughty 's knowledge, and strengthened her apprehension of Roger 
 giving way in after-life to a propensity to drink too much. 
 
 Upon the occasion of this visit, the subject of the resettlement 
 of the Doughty estates again came up, and INlr. Hopkins found 
 the same disinclination on the part of Roger to concur in the 
 scheme Avhich had for its leading element the sale of the Dorset- 
 shire property, and there are some letters which passed between 
 them, Avhich shoAv that Roger Avas quite alive to the importance of 
 his being made thoroughly acquainted Avitli the details of any pro- 
 posed scheme, and that he Avas quite determined to exercise his OAvn 
 judgment on the matter. Mr. Hopkins having proposed a modifica- 
 tion of the first scheme, Roger AATites : " I am very sorry that I am 
 not able to have the pleasure of seeing you to day. I have formed 
 some engagements Avhich prevent me fi'om going to Alresford to day ; 
 but I hope that I shall be at liberty on Tuesday. I should be very 
 much obliged to you if you had the kindness to giA^e that last scheme 
 to my servant, that I may read it before I see you next." He AA'rites 
 again to him on the 6th of January : " I am sorry that many engage- 
 ments have yesterday prcA-ented me from giving as full a consideration 
 to the different papers Avhich you gave me as I could have Avished. 
 I do not therefore think it Avright" — right being AA^itten . Avith a "w" 
 — "to take up your time to-day but Avill to-morrow give in Avriting 
 my views in Avriting upon the subject; in the meantime I Avill only 
 say that I approve of the scheme as a Avhole but subject to some 
 alterations Avhich I Avill point out. If you are leaving home pray be 
 so kind as to leave me your address that I may AA-rite to you." You 
 see he there speaks of a further and second scheme Avhich Mr. 
 Hopkins had submitted to him. Xoav, as I have told you, the main 
 part of the purpose AA'hich they had in disentailing the Doughty estate 
 was, by the sale of one portion of it and by raising money on another 
 portion, to obtain a sufficient sum to pay off" the incumbrance Avhich 
 existed on the Tichborne estate, and, besides that, to pm-chase other 
 lands in that part of the county of Hampshire, so as to aggrandize 
 the Tichborne estates and increase the consideration and influence of 
 the family in the county. Hampshire Avas the county to Avhich they 
 attached a value AA^hich they did not attach to other parts of England 
 in Avhich the Doughty property Avas. When Roger refused to alloAv
 
 ( 105 ) 
 
 the Dorsetshire property to be sold, it was necessary to introduce a 
 modification of the original scheme, and what was proposed to him 
 was this — " You Avill not consent to the sale of Upton or of the 
 Dorsetshire property, you will not consent to any present dismember- 
 ment of the estate. We therefore propose to you to let us raise on 
 the Doughty estates — without dismembering the estate and without 
 selling the Dorsetshire or other property — a sufficient sum to pay off 
 the incumbrances on Tichborne and to increase the Tichborne estates 
 by the purchase of land in the neighbourhood." Into this scheme 
 Roger eventually entered, and became an assenting party to the 
 settlement, because it still left it o]ien to him to deal with the pro- 
 perty as he had conceived in his mind the intention to deal with it. 
 Accordingly this Avas carried into effect, though not at the moment, 
 as it took time to elaborate the scheme and to prepare the deeds 
 necessary to carry it into execution. 
 
 When the scheme Avas finally completed it stood thus : — There Avas 
 on the Doughty estate an encumbrance by Avay of jointure to Lady 
 Doughty, Avhich had been created under the poAver of Miss Doughty's 
 Avill, the estate being charged Avith tAvo smns, making in the Avhole 
 2,5007. a year by Avay of jointure to Lady Doughty. There Avas 
 besides that, as I haAC told you, the sum of 8,000/. charged upon the 
 estate for the benefit of Miss Doughty. Of course the jointure to 
 Lady Doughty Avould expire Avith her life. The dowry of 8,000/. 
 must be raised upon the estate. There Avere also some small annui- 
 ties of 500/. or 600/. under Miss Doughty's will, AAdiich of course 
 would die out Avith the annuitants. In addition to Miss Doughty's 
 property at large, Avhich consisted of estates in Lincolnshire, Buck- 
 inghamshire, Middlesex, London, and Surrey, there Avas this Dorset- 
 shire property, the Upton estate, and the lands Avhich had been 
 purchased by the trustees of Miss Doughty's will out of the personalty 
 she left behind ; and there Avas also a further estate in the immediate 
 vicinity Avhich Sir EdAvard Doughty had bought for 13,700/., but 
 the purchase-money of which had not been paid, but had been left on 
 mortgage. Subject to those charges, the estate might, as I have told 
 you, be disentailed and resettled as the parties thought proper, and 
 they proposed to settle it in this AA'ay. They proposed to give Sir 
 EdAvard Doughty an estate for life ; at his death to give Mr. James 
 Tichborne, Roger's father, also an estate for life; and on the expi- 
 ration of these tAvo life estates the AAdiole Avas to go to Roger, not as 
 an estate in tail, but in fee simple, so that Roger could do Avith it 
 Avhat he liked. In the meantime, Roger was to haA^e an income of 
 500/. a year charged on the property while his uncle lived, and at 
 his uncle's death that 500/. A\'as to be doubled, so that he Avould 
 then have an independent income of 1,000/. a year charged upon the 
 property. Noav this his absolute uncontrolled right, Avith Avhich
 
 ( lOG ) 
 
 no one could interfere, must be borne in mind by-and-by when Ave 
 come to the period when Roger is supposed to have accepted the em- 
 plo)Tnent of a herdsman at 305. a Aveek — there being secured to him 
 by the settlement 500/. a year independently of all control Avhile his 
 uncle lived, and 1,000/. a year after his uncle's death. There is one 
 thing I have omitted, and it is this, that Sir Edward insisted, as a 
 condition of Roger being in the meauAvhile to have an income of 500/. 
 a year, secured on the estate, and 1,000/. a year after Sir Edward's 
 death, on his being entitled to charge the estate with 10,000/. to be 
 raised upon it at his death, and Avliich was to go to his executors, to 
 be disposed of in such manner as he should direct by his will. But 
 the all important part of the scheme had reference to the sum Avhich 
 was to be raised for the benefit of Tichborne. It was agreed that a 
 term of eight hundred years should be created in trust to raise a sum 
 of 100,000/., Avhich w-as to be applied in paying off the incumbrance 
 on Tichborne, amounting, as I have explained, to 56,000/. as regards 
 the old estates of Tichborne, and of a sum of 4,374/. more as regards 
 the two smaller properties wduch had been recently purchased. The 
 purpose of the 100,000/. which was to be raised on the Doughty 
 property was to pay off these encumbrances on Tichborne, amount- 
 ing to upwards of 60,000/., and the residue was to go to purchase 
 lands to increase the Tichborne estate. To this Roger agreed, and so 
 this settlement was executed. And you Avill observe that inasmuch 
 as the ultimate remainder to him Avas a reversionary interest in fee 
 simple in the estate, he Avas enabled to dispose of the reversion, but 
 subject ahvays to the prior estates of his uncle and his father; so that 
 whatever disposition he might make of the reversionary estate, not a 
 stick or a stone of it could be touched so long as the tAvo prior estates 
 for life continued in existence. It is necessary to bear that carefully 
 in mind, when Ave come by-and-by to see Avhat Avas the vicAV taken, at 
 a later period, by the defendant, of Avhat Roger had done, Avhat his 
 powers Avere, and hoAv he had carried those powers into effect by his 
 Avill. He had, as I have explained to you in the simplest terms I 
 can use, full and absolute power to deal with the Doughty estate in 
 futuro by deed or by will ; but Avhatever he did, Avhatever disposition 
 he made coidd not take effect, or come into operation in prssenti, but 
 only in futuro; before any such disposition could be carried into 
 effect it Avould have to wait till the tAvo lives had dropped Avhich 
 intervened betAveen the present estates and Roger's future interest. 
 You AA'ill see the importance of this by-and-by Avlien we come to deal 
 with Roger's will, and with the statements of the defendant as to the 
 dispositions made by Roger of his reversion under that settlement. 
 
 History of I proceed Avith the history of Roger Tichborne. Having gone 
 
 ^ntiii^^'d'^'^^ back to the regiment, he Avrites thus to his aunt. The letter is
 
 ( 107 ) 
 
 marked private. " INIy dear Aunt, I was very anxious to have before 
 I left Tichl)orne a private conversation Avitli you; but I saw with 
 much sorrow when I had the pleasure of seeing you last that it 
 would have fatigued you too nuich to have begun that conversation. 
 It is for those reasons that I have taken the liberty of writing to you 
 upon the different subjects which I was anxious to tell you by words 
 of mouth if 1 had been able to do so before I left. You mentioned 
 to me once in the drawing-room that my conduct toward you since I 
 was at Tichborne had been very reserved. I don't think the accusa- 
 tion quite correct. Have I made any prove of reserve?" — I pause 
 here for a moment, that I may not have to come back again to these 
 letters, to point out another of Roger's peculiarities of writing, which 
 is to confound the verb with the substantive in numerous instances, 
 especially in words which end in "ve," as believe, relieve, prove, 
 reprove. AVhen he Avants to wTite the substantive he uses the verb 
 and says prove, reprove, relieve, believe, and vice versa; where he 
 ought to use the verb, he uses the substantive, as " I belief," and so 
 on, a confusion not surprising in a man brought up as a foreigner and 
 Avho had not learnt English till late. Still it is necessary that one 
 should take it into account; for when one puts on one side of the 
 account the mistakes and blunders of the defendant in waiting, it is 
 only fair and reasonable that the same thing should be done in going- 
 through the letters of lioger Tichborne — making, hoAvever, this dis- 
 tinction, which I think is a very reasonable one, that where you find 
 the inaccuracy is simply one arising from his foreign education, and 
 not one Avhich an imeducated Englishman would be likely to make, 
 one must make alloAvance for that. He goes on, "Have I made any 
 prove of reserve when I last had the pleasure of meeting you in 
 London. I don't think I have." — Of course he was referring to what 
 he told her on the subject of his inclination for his cousin. — " On the 
 contrary, if I could reproch" — here is another of his habitual mis- 
 spellings, he leaves out the " a" in " reproach" — " if I could reproch 
 myself of something" — we should say " with anything" a Frenchman 
 says " of something" — " it Avould be of having open my heart" — there 
 is an instance of a word Avithout the " ed" necessary to form the pre- 
 terite — " too much and to have by those means laid," used for let, 
 " you too much into my feelings and the natm-e of my thoughts. But 
 I don't repent of it. There is also another accusation Avhich can be 
 put against me, Avhich is that during the time Avhich I passed at 
 Tichborne I took perhaps too much to drinking. I (piite agree that 
 perhaps I have drunk sometime too much. The reasons Avhich I can 
 give to excuse myself for having donne so" — he Avrites the Avord done 
 on several occasions Avith tAvo " n's" — " the reasons Avhich I can give 
 to excuse myself for having donne so are these. I had my mind 
 raised to a feverish state by the laAvyers" — poor laAvyers ! they are
 
 ( 108 ) 
 
 always blamed for something or other — " with whom I was obliged 
 to discuss about those settlements ; that joined Avith other thoughts 
 which occupied my mind to the state I have just mentioned it made 
 me take to drinking as a kind of relieve" — instead of relief — " You 
 will perhaps say that it is a very absured kind of remedy !" — " Absurd" 
 written wdth final " ed." — " I agree. I remember that one evening 
 in the drawing-room you were going to say something to me when 
 somebody came in and prevented you fi'om speaking to me. I should 
 be much obliged to you if you had the kindness to let me know what 
 it was. Now I am going to let you know a piece of news which will, 
 I am sure, surprise you more than anything I ever told you as yet. 
 I intend going to confession and communion as soon as I shall be 
 able. That will be the beginning of the reformation which I intend 
 to begin in my way of living, and which I hope with the help of God 
 to carry into execution and keep to it in future times. I never had, 
 as you know, much religion, but whatever little I had I always stood 
 by it. I know very Avell that I have been more of a shame to my 
 religion than anything else for twenty-one years" — The poor fellow 
 was only just at that moment twenty-one years of age, so it was rather 
 hard to bring in the years of childhood and infancy to his own dis- 
 credit — " But whatever little religion I ever had I cannot accuse my- 
 self of having ever denied what I believed Avhen called forth to confess 
 what w^as my religion, and what I believed. I Avas fully determined 
 of telling all these things which I have said in my letter if I had been 
 able to talk to you before I left Tichborne. If there are some points 
 which you don't w^ell understand pray Avrite me, that I may explain 
 the meaning of each word that you may understand everything which 
 I have said thoroughly well." Now Avhat AA^as it that had AATOught 
 this striking change of mind in Roger that, saying he kncAv he had 
 been more a shame to his religion for tAventy-one years than anything 
 else, he had noAv made up his mind to turn over a ncAv leaf and become 
 a religious, devout man ? I cannot help thinking that the love he 
 had begun to feel for his cousin had something to do Avith it. There 
 is, you knoAV, a purifying and ennobling influence AA^rought by that 
 master passion, AA^iich often has a very salutary influence on a man's 
 mind and conduct ; besides AA'hich this young man may have felt that 
 vmless he did lead a life AAdiich AAOuld inspire his cousin's parents Avith 
 confidence in him as regarded his fiiture conduct, and satisfy them of 
 the likelihood of his making their daughter happy, his hopes in that 
 quarter might be disappointed. At all e\'ents, the first step toAvards 
 a happy domestic life Avas to get rid of evil habits, above all to abstain 
 from any indulgence in future in that propensity Avhich he knew his 
 aunt had already obserA'ed, and in the conversations they had had to- 
 gether had no doubt pointed out to him as likely to be an insurmount- 
 able obstacle to the hopes he had begun to entertain. He says.
 
 ( 109 ; 
 
 "my spirits have been very low since I have left Tichborne" — one 
 can qnite nnderstand it — " I don't feel so much the pain at the moment 
 of parting with those who I love and who have been kind to me. 
 But it is when I find myself alone that the reaction is very great 
 with me because I cannot cry." A mawkish bit of sentimentality if 
 you like — a man not being able to cry, which is more the language 
 of a young woman than a young man. At the same time one cannot 
 help seeing that there were very strong emotions at work in that 
 young man's mind ; one cannot entertain much doubt as to what the 
 nature of those emotions was ; and when we are told that Roger's 
 feelino;s toAvards his cousin were nothino; more than mere animal de- 
 sire, I must say I think that he who said so cannot have studied these 
 letters, and cannot have followed Roger through all the strong and 
 passionate emotions Avhich these letters display — cannot have read 
 these letters in the spirit of truth, or he never would have taken so 
 ungenerous a view of Roger's sentiments towards his cousin. 
 
 I pass from a letter of sentiment to one of business. I find Roger 
 writing on the 20th of January to Mr. Gosford about the settlement; 
 and the letter is by no means unimportant, because it shows that 
 Rog-er kncAv that a man before he executes settlements that are to 
 operate in future time, ought not to see with the eyes of his lawyer 
 only, but should see for himself and form his own judgment as to 
 Avhat it is proper for him to do. " I received your very kind letter 
 this morning. I was very much surprised at some of the details 
 which you give me in it. I cannot understand that my father and 
 uncle leave all those business of settlement so much in Mr. Hopkins 
 hands without trying to get some information to be able to form a 
 judgment for themselves; Mr. Hopkins seems to carry on the business 
 to such a point that when he will think proper to consult with Mr. 
 Slaughter the business will have been carried on so far as to make 
 the different changes, if some are to be made, very difficult and ex- 
 pensive. I received a letter fi'om Mr. Hopkins at the same time as 
 yovu's. He mentions nothing except what you told me in 3'ours about 
 the furniture of the house. He does not tell me anything about what 
 my Father said about my decision about Upton. As soon as those 
 matters Avill be farther advanced I shall write to Mr. Slaughter to 
 begin to settle my private affairs Avith him, Avliich Avill I have no 
 doubt take some time to settle (you knoAv Avhat it is, I told you Avhat 
 it Avas before I lef Tichborne)." The " t" in "left" is omitted, but 
 the language is not the less significant. It shows that at this very 
 time Avhen the settlement Avas about to be executed, Roger had con- 
 ceiA^ed the idea of the AAall, Avhich he intended to engraft upon that 
 settlement in order to carry out the scheme Avhicli he had in his mind 
 from the beginning. He says, "I dont suppose that Lady Doughty 
 has the least notion of it, as all the rest of the family, I suppose that
 
 ( 110 ) 
 
 she would be delighted to know it. I should be much obliged if you 
 had the kindness to write to me regidarly what is going on at Tich- 
 borne." Then comes a letter from Lady Doughty. I read these 
 letters, because they develope before one vividly the relations between 
 her and Roger, and are essential to the thorough understanding of 
 the character of Roger. But that is not all. You will have by-and- 
 by to form your judgment when you have heard this correspondence 
 — at all events that part of it Avhich touches the soul and heart of 
 Roger, as it were, to the very quick — whether it is a correspondence 
 which any man could ever forget. Upon that you must exercise your 
 own unbiassed judgment: for it is a remarkable fact in the case 
 that in the mind of the defendant all this correspondence relating 
 to the habits, the religion, the morals of Roger Tichborne, his 
 present prospects, his future interest, above all to that big passion 
 Avith Avhich his heart was alive— a correspondence extending, I 
 think, over some hundred letters — is an absolute and entire blank. 
 You Avill have to form, as I said before, your own judgment as to 
 whether such a correspondence could ever be effaced from the memory 
 of a living man ; and in order to judge of it, it is necessary you 
 should have that correspondence well impressed upon your recol- 
 lection before you retire to decide upon this question, and deliver 
 your final judgment. Lady Doughty Avrites: "After three weeks 
 being between life and death" — she had been most dangerously ill — 
 " it has pleased God to restore me so far, that I have this day for the 
 first time been in the Wheel Chair to the Drawing Room and I 
 hasten to begin my thanks to you for your letters, especially that 
 private one, tho' it may yet be some days before I finish all I wish 
 to say to you, for I am very weak & my eyes scarcely allow of reading 
 and Avriting." Then she goes on, " In the midst of my worst 
 sufferings I had the consolation of receiving your letter my beloved 
 Roger. I blessed God for it & prayed that you might have courage 
 to persevere & carry out your resolution of going to the Sacraments ; 
 most earnestly do I hope you have found time to do so Avell h 
 thoroughly & derived consolation from these great Sacraments of 
 our Holy Religion. You request me to ansAver ' each Avord of your 
 letter' I Avill do so in the order you have named for I Avas truly sorry 
 to have been too ill to speak Avhen I saAv yoin* kind face by my bed- 
 side. In the first place I did not intend to reproach you Avith 
 circumstances AAdiich caiised a reserve during your last visit between 
 us, they arose naturally fi'om your resolution not to speak upon the 
 discussion going on Avith regard to the future settlement of the pro- 
 perty, & my mind being full of the thought, I felt it difficult when 
 Ave were together, not in some manner to allude to one subject Avhich 
 clearly harrassed your mind & yet I had no Avish to force your con- 
 fidence, so this unavoidably thrcAv reserve betAvcen us Avhen we were
 
 ( 111 ) 
 
 aloue, & 1 grieved to see that instead of finding relief fi-om the 
 Avorries of Lawyers hy convei'sing -with a friend deeply interested 
 with & for you you rather sought relief in that fatal pernicious relief 
 the drcadfiil stimulant of drink, llemember dear Iloger that by 
 that conversation in Toicn you gave me every right to be dee])ly 
 interested in you fate, & therefore doubly do I feel grieved when 
 I see you abusing that noblest of God's gifts to man reason by 
 diminishing its power. Do not deceive yourself, you think it has 
 not permanent effect upon you now, but sooner or later it must tell 
 on the mind or health, but it is the far higher consideration, the 
 offence against God Avhich should prevent one's yielding to a vice 
 which is after all degrading to a reflecting mind & I rejoice to find 
 you condemning this bad practice. I cannot recall to my mind the 
 subject you say I was beginning in the drawing room wlien inter- 
 rupted ; probably it might have had reference to the confidence 
 Avhicli you say you do not repent having placed in me" — that was 
 the confidence about his affection for her daughter — " No dear Roger 
 never repent it, be fully assured that I never shall betray that con- 
 fidence, you are young & intercourse Avith life & the Society you 
 must mix with might very possibly change your feelings towards one 
 noAv dear to you, or rather settle them into the affection of a brother 
 towai'ds a sister, but whatever may be the case hereafter my line of 
 duty is marked out & otight steadily to be followed, that is, not to 
 encourage anything, that could fetter the future choice of either 
 party before they have full}' seen others & mixed in the Avorld, & with 
 all the fond care of a mother, endeavoru- while she is yet so young, 
 to prevent her heart & mind from being occupied by ideas not suited 
 to what should be her present occupations ; and hereafter with the 
 blessing of God guard her against the dangers she may be liable to 
 be ensnared into, by the position in which she is placed. Do not 
 think I have said too much, you always beg me to speak openly & 
 sincerely to you. I do not object to affec'"^ cousinly influence Avhicli 
 only tends to good & I feel our conversation on that night in Town 
 authorises, indeed, obliges me to write as I had not the opportunity 
 of speaking to you — You have been I rejoice to hear raised in the 
 opinion of all with Avhom you have lately had to transact business 
 Avith by your firmness and decision" — This is the man avIio is de- 
 scribed to you as a man of no mind, of no capacity to understand 
 business, and as an object of supreme contempt to every intelligent 
 person Avith aaIioui he might have come in contact. Is that the 
 impression Avhicli is produced on the minds of laAvyers and laymen 
 Avith Avhom he is brought into frequent intercoia-se on the intricate 
 and difficult matters of the settlement of a family estate ? — " You 
 have been I rejoice to hear raised in the opinion of all Avith Avhom 
 you have lately had to transact business by your firmness and
 
 ( 112 ) 
 
 decision. You are in an honorable profession Avliicli gives you 
 occupation & if you will only pursue your present good resolution 
 & let the high motives of doing our duty in life and resisting the 
 bad passion to which each one is inclined, fi*om a desire to serve God 
 and save one's soul, I feel that ardent hope that you, w^hom it pleased 
 Providence to place in that situation in our family my angel child 
 was removed from, that you will yet fill it as I had fondly hoped to 
 have seen him do, with credit to yourself, & by your charities and 
 good example be a blessing to all avIio may hereafter belong to or be 
 dependent on you ; but for this you must turn your heart to God, 
 resist drink or a rash throwing away life, or wasting in any way the 
 energies of a naturally strong sensiljle mind and really attached 
 heart." Now that this lady was waiting in all the sincerity of a 
 Avoman's warm affection towards her nephew I think it is imjjossible 
 for any one who reads this letter to doubt ; and when, with her 
 opportunities of obser^ang him and judging of him, she speaks of 
 him as a man who has a naturally strong sensible mind and really 
 attached heart, are Ave to believe that that Avas the ti"ue character 
 of the man or the hypocritical flattery of one AA^ho Avas addressing 
 him in the language of adulation instead of that of sincerity and 
 truth ? I cannot belicAe that the latter Av^as not the real meaning of 
 Lady Doughty in addressing this language to her nepheAv Roger. 
 " NoAv AA'rite to me soon, tell me truly if I have tried your patience 
 by this long letter AA^hich I venture to send ; for it is when returning 
 to life, as I noAV feel, that rencAved love for all dear to one seems to 
 take possession of our hearts ; so you must forgive it if you find it 
 long. — Your uncle and Cousin send you their kindest loA^e — We are 
 noAv quite alone with the exception of Mr. Brindle — I cannot help 
 telling you that I heard Avith satisfaction your decision about Upton 
 tho' I tried to think it might be best to sell it — I really Ioa'C that 
 place Avhere I had spent the happiest days of my life too avcU not to 
 rejoice that it remains in the family — I hope you have been to the 
 Castle & joining a little in the gaieties of Dublin. Poor old 
 Mrs. Hopkinson's death Avill be much felt I should think by the 
 Seymours — Adieu dearest Roger — EA'er be assured of the sincere 
 affection & real attachment of your Aunt Katherine Doughty." 
 
 Troperty. Gentlemen, the next letter to Avhich I Avonld call your attention 
 
 is one on the subject of the property. I read it noAV for the purpose 
 for Avhich I have read other letters upon the same subject. It is 
 dated February 1st, and Avritten to Mr. Hopkins. " I must a])olo- 
 gize for not answering your last three letters sooner. I have been 
 so very busy since I came back from leave, that I have had scarcely 
 any time to myself. I Avas A^ery happy to learn by your last letter 
 that Sir Edward had agreed to the proposal made to him by my
 
 ( 113 ) 
 
 Father. It was very desirable that the plates pictures and other 
 articles should be settled on Sir Edward's successors — it is not so 
 much for the forniture by itself that that arrangement was so very 
 desirable as for several things which have belonged to the family for 
 many generations — as for instance the family picture — and which 
 things would not be of such value to other persons as they are to the 
 family to which they belong at present — You have not mentioned 
 in any of your letters what my father said when he heard of my 
 objection to sell Upton. I shovdd like very much to know what 
 he said about it. There is one point in your second letter Avliich 
 I dont fully understand : it is, in case of my death before Sir 
 Edward or my Father, the sum of 400/. is to be given to my father. 
 I dont quite understand if that sum of money is to be the same as 
 I am to receive during my lifetime which is to be continued to my 
 Father after my death. I should be much obliged to you if you had 
 the kindness to explain that point to me in your first letter. There is 
 also another matter I dont fully understand : it is, I dont see what 
 difficulties they woidd be" — it is another of his peculiar modes of 
 writing that he sometimes uses the word "they" for "there" — it 
 shoidd be, " I do not see what difficidties there would be ;" instead 
 of Avhich he Avrites, " they Avould be" — " to raise 2,000/. for my next 
 step. I fancy that it could be raised on the property; then in case 
 of my death my brother would pay it when he would come into 
 possession. The last question which you mentioned in your second 
 Letter appears to me quite fair : it is that in case I should marry so 
 much a year ought to be left (in case of my death before Sir Edwd. & 
 my father) for the support of the children if I had any, as also for the 
 support of the mother" — This is the man Avho is supposed a very 
 short time after this to be writing on the subject of his incapacity for 
 the matrimonial state; yet you find him saying, and saying very 
 properly, as a matter of business— "In case I should marry, so much 
 a year ought to be left (in case of my death before Sir Edwd. and my 
 father) for the support of children if I had any as also for the sup- 
 port of the mother." Then he says, " I am very glad that you have 
 begun to discuss those matters Avith Mr. Slaughter and my Uncle. 
 I have no doubt that my Father Avill agree to those settlements when 
 he Avill have discussed them with you. I should be much obliged to 
 you if you had the kindness to let me hear fi-om you soon and send 
 me at the same time a Copy of the new Scheme. I want to see to 
 the matter before I give my final sanction." He was evidently 
 determined to master and understand the scheme before he gave 
 effect to it. 
 
 He writes again to Mr. Hopkins on the 21st of the same month : 
 " I received yom: last letter with the new scheme few days ago, I was 
 very happy to learn by it that the different conversations which you 
 
 I
 
 ( 114 ) 
 
 had witli my Fatlier passed in such a satisfactory manner especially 
 about Avhat concerned Upton, I was very much afraid knowing- what 
 he had said to me on some previous occasions that he would have 
 risen" — that is a mistake, it shoidd have been " raised;" it is a mis- 
 take people sometimes make in using the neuter verb for the active 
 one — " he Avould have risen some difficulties which would have been 
 very difficult to overcome. I have read the new scheme which you 
 were so kind as to send me with much attention, I think that the 
 arrangement which has been made concerning the plates, linnen" — 
 spelt with two n's — " glasses and other articles which do not in 
 reality belong to the Family, but have been bought by Sir Edward 
 since he came into possession, quite fair. I think that it would have 
 been wrong to deprive him of things Avhich may be, it is true, a lose" 
 — " loss" written " lose" — " to the Family but are in reality his and 
 not of such value as other articles which have been in the Family 
 for so many years. I think the Clause 7 quite fair because I shall 
 be in want of money to purchase my Lieutenancy ; it would be 
 impossible for me to raise the money without giving some proper 
 security for it. I rather object to Clause 8. I think the sum of 
 500/. for the support of issue, in case that I should die during the 
 lifetime of my Father or Uncle, rather small, I think that it could 
 be raised to a larger sum. I think the new scheme fair, but I should 
 be much obliged to you if you had the kindness to send me the 
 Epitome as soon as it will be finished" — "the epitome of the scheme": 
 he wants to have something which, without the necessity of wading 
 through all the details a lawyer would set out, which would enable 
 him more quickly to master and understand the whole thing — "I am 
 at present much in want of money. I have not heard from Mr. Henry 
 Seymour for a very long time. I dont know where he is, otherwise 
 I shoidd have Avritten to him to ask him to place at my account some 
 of the 2,000/. which remains from the money which has been taken 
 from my Mothers fortune. I should feel much obliged to you if you 
 had the kindness to write to him and mention that I am much in 
 want of money." 
 
 Then on the 3rd of March he writes to his aunt, " My Dear Aunt 
 I had the pleasure of receiving both your letters some time ago I was 
 very happy to learn by your last that you were so much better as to 
 be able to go out in the carriage. I have no doubt that the open air 
 and exercise will do you much good I was sorry to learn at the same 
 time of the death of Mrs. Hopkinson" — the name of Mrs. Hopkinson 
 arises in the cross-examination hereafter, therefoi*e I call your atten- 
 tion to the fact that Roger Tichborne was aware of her death, and 
 refers to it — " I was sorry to learn at the same time the death of 
 Mrs. Hopkinson. It will be I am sure much felt by the Seymour 
 family especially after Mr. Seymour's recent death. I heard from
 
 ( 115 ) 
 
 Henry Seymour a short time ago but he does not make any mention 
 of it in his letter." He next talks about the Dublin garrison, writing 
 garrison with one " r," and then he says, " We are to go to Cahir, 
 our head quarters are to be there, two troops are to go to Limerick 
 and one troop somewhere in the country. We are to remain in those 
 quarters according to the new regulation two years, which is not a 
 pleasant prospect. Dublin is very gay at present, the second Draw- 
 ing room took place last Thursday I went to it." — showing that he 
 went to a second Drawing Room — " It was not so crow^ded as the 
 first but still it Avas difficult to move from one end of the room to the 
 other. The theatrical" — in the singular instead of " theatricals" in 
 the plural — " given by the Officers in Dublin took place on Wednes- 
 day last I went to it but I was not so much pleased with them as the 
 first time. On Friday I went to a Subscription Ball, it was a good 
 one but very crowded and very hot. I went there at about half 
 passed 11, all the windows were shut and a large blazing fire Avas 
 burning at one end of the room. They were about" — the same mis- 
 take as before, " they" for " there" — " they were about 700 persons 
 in the room. The room was so very hot especially for the Officers 
 who were all obliged to go in uniform that it was almost impossible 
 to dance. I am very busy at present with all my different drills 
 I have began the lance exercise it is a very pretty exercise and not 
 difficult. We had some time ago very pretty drill. They made use" 
 — it should be " us," but it is written " use," probably, a mere mis- 
 take of the pen — " they made use go in a large field up to the number 
 of about 20, all recruits, myself and two other young Officers We 
 were put in three lines When we were all placed they made us 
 performed" — the past for the infinitive — " the sword exercise at full 
 gallop, it must have been a pretty sight to look at. I have not heard 
 from my Father for a long time." And so on. 
 
 Then comes a letter to Gosford again on the subject of property, 
 into which he goes in some detail. " My Dear Sir, I have been 
 expecting a letter from you for a very long time, Avlien I received a 
 short time ago that very short note, which I was sorry to see gave 
 me so very little news about Tichborne especially about the new 
 scheme Avhich Mr. Hopkins had made up not long ago. He has 
 written to me a very long letter about it. It is quite a new thing to 
 me altogether; he has never mentioned a word to me about it when 
 I saw him last at Tichborne. He wants my consent to raise 30,000/. 
 as a fortune for my Brother. What are the foundations upon which 
 he puts such a question I dont fully understand. I cannot make out 
 by his last letter if that sum of money is to be understood as my 
 Mother's fortune, Avhich does not amount to such a sum, or if my 
 Mother's fortune is to be given to him, as it was Mr. Seymoui*'s 
 intention, with some more money raised upon the property. He 
 
 I 2
 
 ( 116 ) 
 
 sais tliat my Father has the power to raise 8,000/. for my Brother 
 when he comes into possession. I never knew it before. Mr. Hopkins 
 mentions that it is all explained in the clause 8 ; which is this, ' Also 
 if Mr. R. C. Tichborne shall have issue and die in the lifetime of 
 Sir Edward and Mr. Tichborne, a yearly sum of 500/. to be payable 
 by the tenant for the support of such issue.' I see nothing in that 
 clause which relates to my brother's fortune. I wrote not long ago 
 to Mr. Hopkins about that clause 8. I told him that I found 500/. 
 very little for the support of issue supposing that I had any and 
 shoidd die during my Father and Uncle's lifetime. He has not 
 answered my question about it, it is what will oblige me to write to 
 him again to ask an explanation about it. I should be much obliged 
 to you if you had the kindness to write me by retm-n of post what 
 you have heard about it. I suppose that Lady Doughty occupies 
 herself much of what is going on" — that is French — *' between 
 Mr. Hopkins and myself and of the new scheme which is to be sent 
 to me shortly and also of the different papers which I am to sign. 
 I don't suppose that my uncle is able to occupy himself much about 
 it. Mr. Hopkins wrote me some time ago that the conversation 
 which he had with my father went on in the most satisfactory 
 manner; I Avrote the next day to my Father to express how glad 
 I was that every thing went on so Avell : I also mentioned that 
 I hoped he had read all the different documents to be able to form a 
 judgment of his own upon the subject I have not received an answer 
 to my letter." 
 
 Then he writes a letter to Mr. Henry Seymour on the 17th of 
 March, which shows that at this time he was amusing himself a good 
 deal by going into society in Dublin, and not leading the sort of 
 moping life that has been more than once represented. *' I am sorry 
 to say that the whole of the Dublin garrison is to be changed at the 
 end of this month or at the beginning of next We are to go to the 
 west of Ireland, our head quarters are to be Cahir, two troops are to 
 go to Limerick and one troop at Gort ; as I have not finished my 
 drills, I am to go to Cahir. I am rather sorry to leave Dublin just 
 at the time Avhen I begin to know many persons which makes the 
 place very pleasant to me. There are a great many balls and parties 
 going on at present in Dublin. I went to the first levee, and to the 
 first drawing-rooms, the veriaty" — that is spelt in a curious way 
 " v-e-r-i-a-t-y " — " of uniforms and dresses of every kind made it a 
 very fine sight to see. Several balls were given at the Castle to 
 which I went, they were very fine ones. I went also to a great 
 many private balls which Avere given in Dublin, they were generally 
 very good ones. But the finest ball to which I have been is the one 
 which was given a short time ago by Sir Edward Blakeney as 
 a farewell one to the Duljlin garrison one of the finest ball" —
 
 ( 117 ) 
 
 instead of balls iu the plural — " I have seen as yet. I was very 
 happy to receive a short time ago a letter from my Father in which 
 he informs me that he is going to bring my Brother to England after 
 Easter to put him to School at Downside. I am very happy that he 
 has adopted such a plan and I hope moreover that he will keep to it 
 and not alter his mind. I am moreover very glad that he has chosen 
 Downside instead of Stonyhurst. I should have been very sorry to 
 have seen my Brother placed at Stonyhurst" — I suppose he thought 
 the discipline of the school Avas not sufficiently strict, and that young 
 lads did not profit as much as they might have been made to profit — 
 " I hope My Dear Henry that you have had my Brother's name put 
 down for the Guards ; there is no time to lose about it because he 
 will be obliged to wait very long for his commission. I heard that 
 my uncle Avas going to London I don't suppose that he will remain 
 there for the season. I was very sorry to learn some time ago the 
 death of ISlrs. Hopkinson It must be I am sure a very sad blow to 
 your family especially after Mr. SejTiiour's recent death." 
 
 Now comes the first indication of a desire, whether his regiment 
 went to India or not, or might be ordered for foreign service or not, 
 to go on service to India, and he Avrites his intention on that subject 
 to his aunt in a private communication dated March 27th: — "My 
 Dear Aunt. You must have found me very strange for having been 
 so long in answering your last private letter, to say the truth I have 
 been so very occupied lately that I have had but little time to think 
 and write the different thoughts and resolutions which I have formed, 
 and Avhich have occupied me lately. I am much obliged to you for 
 the frankness which you have sliCAvn me in your letter, and I hope to 
 be able to do the same in this, and moreover that you will keep the 
 secret Avhich you have shewn me on previous occasions, and that you 
 will judge of Avhat I say with impartiality." — The Avords "the secret," 
 which occurs there may have either of tAvo meanings. Le secret in 
 French is "secrecy" as Avell as " the secret." It would depend on the 
 context Avhether the one or the other meaning is intended; AAdien Ave 
 say " secrecy " Ave do not mean a particular secret ; but AAdien we say 
 " the secret," Ave mean some particular secret. He either might 
 have meant by the Avords " the secret," or have used the Avords, as 
 we shall find his mother does, not Avith reference to some particular 
 matter Avhicli is to be kept secret, but as meaning secrecy, as a general 
 term. The Avords le secret in French meaning secrecy, although 
 from the context it may be interpreted to mean a particular secret, 
 Roger here appears to have used them in the sense of secrecy — " the 
 secret Avhich you have shcAvn me on previous occasions and that you 
 will judge of Avhat I say Avith impartiality. I intend Avriting A'ery 
 shortly to the Horse Guards to ask leave to exchange in the 15 
 Hussars. This Regiment has been in India for several years and is
 
 ( 118 ) 
 
 likely to come back to England in 8 or 10 years. It is, I am told, 
 a very good Regiment to exchange in at present for several reasons, 
 among them that a person who exchanges into that Regiment at 
 present will have the advantage when the Regiment comes back to 
 England the advantage of foreign service Avhich is a great thing in 
 the army. You must not think that my wish to exchange comes 
 from my not being pleased with my Regiment. It is, I am sure, 
 anything but that, or upon what I have told you upon former occa- 
 sions; no, you would be mistaken if you thought anything of the 
 kind. My wish of exchanging comes from two reasons, the first that 
 I am fond of my profession and I wish to folloAv it up, secondly that 
 I find that I can live much better for my money abroad than in 
 England. I intend to let my family know my intentions very 
 soon, so dont say a single word about it to anybody till you 
 hear of it by others. Pray be so kind as to answer me by return 
 of post." 
 
 He receives an ansAver expostulating in strong terms against the 
 intention which he had thus expressed to exchange into a regiment 
 in India. A^Hiat was the exact motive which led him to entertain or 
 express so ardent a wish to go to India either with his own regiment 
 if that should be ordered to go there, or by exchanging into some 
 other regiment in India, if his own was not to go there, I have not 
 been able to decide satisfactorily to my own mind. Whether he was 
 quite sincere in this matter I hardly know; whether it was intended 
 to operate on Lady Doughty's mind, and to induce her, in order to 
 prevent his going to India, to hold out the inducement of his cousin's 
 hand ; Avhether he thought that in order to prevent his taking a step 
 which he kncAV Avould be so painful to all his relations, he should 
 Avork on her to induce her to consent to the marriage ; or A\'liether he 
 really Avas fond of his profession and got tired of it at home and 
 wished to see active serAace abroad ; or Avhether the two things may 
 have concurred, I do not knoAV. But he certainly does seem at this 
 period, fi-om the early part of 1850, to have had constantly present 
 to his mind the idea of going to India, and he mentions it to his aunt 
 for the first time in the letter which I have just read. 
 
 She answers him in very strong terms. The letter is dated " Good 
 Friday," 1850, AA^hich by reference to the almanack Ave find to haA'e 
 been the 29th of March. " After having Avaited to the end of 
 January for an answer to that letter AA'hich cost me so much exertion 
 at the time to Avrite, I feel it is rather a strong request to ask me to 
 answer you by return of post on this busy day ; hoAvever, your request 
 shall be complied Avith, & I fi^-ankly at once commence by telling you 
 that I think your present plan requires A^ery deep consideration, 
 & you are not justified in so entirely disregarding the feelings of 
 those to Avhom you OAve respect, love, & support. Should you desert
 
 ( 119 ) 
 
 a Father and Uncle to ■whom you are heir, both of whom are alas ! 
 not likely to be long in this world, both nearer seventy than sixty 
 (my dear husband was 68 last Wednesday 27""), & both are at this 
 moment satisfied by the thought that you are happy & in a Regi- 
 ment you like ? I ask you (setting aside the feeling of all others to 
 whom you are dear) would not the disappointment be justly felt most 
 deeply by those tAvo who could not expect ever to see you again after 
 a ten years' residence in India? It Avas only when I w^as in ToAvn 
 last week that I happened to hear an old Officer speaking of the 
 extreme idle life an officer led in India when there Avas not War 
 actually going on, and that it AA^as the rviin of young men. Again, 
 AA'ould it not giA-e rather an unfavourable impression of you at the Horse 
 Guards so early as Avithin six months of entering the Army to Avish 
 to exchange ? It Avould give an impression of undsteadiness of purpose 
 your character does not deserve. Now dear Roger I beg you to 
 read your oaau heart candidly, and there see AA^ience this return of your 
 Avish to go to India arises. Is it not that you have not fulfilled the 
 excellent resolutions AA^hich you formed when leaving this jilace in 
 Jan'', & that you are again stifling the voice of conscience & the feel- 
 ings of affection which perhaps AA'^ere leading you to good, & then AAdth 
 a desperate feeling you think of India as a means of throwing away 
 care & droAAoiing conscience & blinding yourself with the idea of its 
 being * a love of your profession ' that AA'ould take you there probably 
 to the ruin of your health in this World & your soul in the next" — 
 I do not quite understand this expression. I do not knoAv Avhy 
 a man's soul should be more in danger in India than it is in any 
 other part of the Avorld. However, there it is — " Noav first as last 
 before you take any step remember this is Easter Time & draw doAA^n 
 the blessing of God & direction for your future life by fulfilling your 
 duties at this Holy time AAdtli sincerity & fervor & you Avill find the 
 comfort to your mind & heart AA^hich it requires before any great 
 resolution. I have had & shall continue to have many good Prayers 
 said for you. Noav I turn to other subjects hoping very A^ery soon 
 to have a letter from you as candid as mine to you & till I have that 
 I cannot knoAv Avhether you understood or misinterpreted my letter 
 as I almost suspect you did." To Avhich he replies thus : " My dear 
 Aunt. I Avas very sorry to see by your last letter that my last one 
 had somcAvhat vexed you, such was not my intention. When I said 
 that I thought of exchanging into the 15*'' Hussars I mentioned in 
 my letter if you remember that I AAOuld ncA^er think of exchanging 
 before I had finished my drills, and it aa^II be about five months time 
 before I haA^e finished them all. By that time I shall have enough 
 time to think Avell about AA'hat I intend to do. I AA^ish I could see 
 you before that time to be able to talk the subject over with you. 
 But as I am not able to go to England, I shall explain my reasons
 
 ( 120 ) 
 
 by Avriting as well as I can. I have told you many times when I 
 was at Tichborne last year that I should like very much to go 
 abroad. You have made some objections by telling me that it was my 
 duty to remain in England. I objected to that if you remember by 
 saying that if I died during the time of my absence I had a brother 
 who would take my place and I am sure fidfil the duties of his 
 situation much better than I could. You have spoken to me of an 
 affection which I had formed (what you said is true). What shall 
 I ever be worth? nothing. Suppose now for a moment that I 
 should be at the head of the family, I should most likely be a stranger 
 to my new situation and not fidfilling duties as well as coidd be 
 wished. So you see that it is much better to bring one up to that 
 situation so that he fulfil his duties before God and men in a satisfac- 
 tory manner. I only wish one thing My Dear Aunt. It is that in 
 some years hence, you may in your spare moments give me a solitary 
 thought, and say, well he gave up his place to one who fidfils it well 
 to his expectations. R. C. T. (I may form affections but nobody 
 can ever care for me.) Private. I wish this letter to be burnt as 
 soon as read." 
 
 Now, if that last sentence is the sincere and genuine expression of 
 his thoughts one might find a key to the desire which he manifests 
 of leaving this country and going abroad. If his heart was set 
 upon marriage with his cousin, but he had no reason up to that time 
 to believe that his affection Avas reciprocated ; and if he felt that the 
 concurrence of Lady Doughty and of his uncle woidd be, under the 
 circumstances, very doubtfid, even if his cousin should return his 
 affection, we can quite understand his saying, " with this one thought, 
 and this one passion perpetually haunting me, and Avhich I know 
 will only end in disappointment because my affection will not be 
 retiu'ned, the best thing I can do Avill be to get away from the 
 country and from home duty, and go into the more active occupation 
 of foreign service. Active service, change of scene, may lead to 
 new thoughts, and efface feelings and hopes which can only end in 
 disappointment and distress. Let me get away fi-om this life ; let 
 me go abroad." If the last expression of his sentiment is truthfid, 
 I can perfectly understand why Roger Tichborne should desire to go 
 abroad to India. But it may also, as I said before, have been that 
 he thought that the declaration of his intention to go to India woidd 
 lead to a different residt ; or that even if they let him go there, they 
 would very soon be desirous of getting him back, and might yield 
 upon the one point upon which he Avas so desirous of having his 
 hopes and Avishes realized, 
 removal to Thus far Ave have been foUoAvino- Roffer Tichborne and his cor- 
 
 respondence Avhile his regiment was at Portobello, but in the month of 
 April the head-qiiarters of the regiment were changed. I ought to 
 
 Calur.
 
 ( 121 ) 
 
 have mentioned that when Roger Tichborne entered the Carabineers 
 he was attached to the troop in that regiment which was commanded 
 by the Hon. Captain, and subsequently Major, Jocelyn, the F troop. 
 When the head-quarters of the regiment were transferred from 
 Dublin to Cahir, Captain Jocelyn's troop was sent on detachment 
 to Limerick, as Captain Jocelyn told us ; and for some reason or 
 other — I think Roger explains the reason, namely, that he had not 
 completed his drill, and the drill was carried on at head-quarters — he 
 was detained at head-quarters Avhile the troop to which he belonged 
 went on to Limerick. Whether at head-quarters he was at once trans- 
 ferred to the troop he afterAvards belonged to, the A troop — the troop 
 commanded by Captain Polhill-Turner— I do not knoAv. I have 
 looked at the evidence since, but I cannot exactly make it out. He 
 afterwards was undoubtedly transfen-ed to the troop commanded by 
 Captain Polhill-Turner, then Captain Polhill. Whether that Avas 
 so, as I have just said, Avhen he first Avcnt to Cahir and was separated 
 from the troop of Captain Jocelyn, to Avhich he originally belonged, 
 I do not knoAV ; but I ask you to bear in mind, Avith a AdcAV to its 
 future effect, that he did not originally belong to the A troop, Captain 
 Polhill- Turner's troop, but belonged to the F troop, the troop com- 
 manded by Captain Jocelyn. 
 
 While on the march to Cahir, he Avrites on the 10th of April to 
 Mr. Vincent Gosford, " I had the pleasure of receiving your last 
 letter fcAV days ago, Avith the one from Strickland. I am at present 
 on my line of march. I left Dublin last Friday morning at 7 o'clock. 
 I haA'e not been able to AATite to Mr. Hopkins, I have had so very 
 little time to myself to think about those deeds that it Avas quite 
 impossible for me to think anything about it. Colonel Jackson is 
 to leave us very shortly. He is much regreted" — spelt Avitli one 
 " t" — " by aU his officers ; that Avill give me a step, it AAdU make me 
 post cornet. I hope to have my lieutenancy by the end of the year 
 or the beginning of next. I have almost made up my mind to 
 exchange into 15^^ Hussars as soon as I shall be lieutenant. They 
 are in India at present, they wiU remain there about 8 or 10 years 
 longer. It is a very good exchange to make at present ; because 
 when they Avill come back to England a young man wiU have the 
 advantage of having seen active service, Avliich is a great thing. 
 That plan AviU perhaps suprise you" — the " r " is omitted, but as he 
 elsewhere speUs " surprise " right, I suppose that is a mere casual 
 mistake — " But at the same time it is a good thing for me to do 
 as I intend to foUoAv my profession. Will you tell Lady Doughty 
 that I shall Avrite to her as soon as I shall arrive at Cahir." After 
 his arrival at Cahir he Avrites to Mr. Hopkins, " I have not been 
 able to AATite to you sooner, because my occupations having much 
 increased by my being obliged to march off from Dublin in a short
 
 ( 122 ) 
 
 time left me but very little time to think about the deeds especially 
 upon the new plan which has been brought forward. But if you will 
 give me few days longer I shall be able to think well upon them and 
 to write what opinion I have formed upon the subject. Colonel 
 Jackson is to leave the Regiment in about a month or six weeks 
 time." 
 
 Now, all these letters in which he desires to have time to reflect 
 on the scheme, or states he has been thinking about it, or studying 
 it, are most important, because they are written at a time when he 
 Avas not, and could not, be under the influence of Mr. Vincent Gosford. 
 When it is stated that Mr. Vincent Gosford suggested this or that 
 scheme, the settlement or the will, it is very important to see whether 
 at the time Roger Tichborne formed his final resolution about the 
 matter he was subject to Mr. Vincent Gosford's influence or not. All 
 these letters are written from Cahir, where he was far removed from 
 any personal influence that that gentleman could exercise. 
 
 He writes to his aunt on the 13th April. " I went a short time 
 before I left Dublin to Barmeath to see Edward Bellew, who had just 
 returned from Germany. I saw Lord Bellew" — that is the present 
 Lord Bellew's late father — " avIio told me that he had seen you in 
 London, he told me that you expected to see me during the course of 
 this month. Nothing could give me more pleasure I am sure than to 
 be able to go over to England for a short time. But I am sorry to 
 say that it Avill be quite impossible for me to obtain any kind of 
 leave till next March." Then he says, " I was very happy to learn 
 that my Father had brought my Brother over to England to send 
 him to School. He is quite old enough to be placed in a College. 
 I was very glad to learn at the same time that he was going to 
 Downside, he will be much better there than at Stonyhurst." Then, 
 " I Avas very glad to receive a few da3^s ago a letter from Walter 
 Strickland. It gaA^e me much pleasure to hear from him; he tells 
 me that he expects to be in England toAvards the middle of this 
 year, I shall be very happy to see him Avhen he comes to Ireland." 
 This shoAvs that the correspondence betAveen these young men Avas 
 kept up. 
 
 Next comes a letter to Vincent Gosford about property and 
 furniture, dated the 15th April. " I had the pleasure of receiving 
 your last letter tAvo days ago. I was A^ery happy to learn by it that 
 the week had gone by so smoothly between my Father and Uncle " 
 — They were two fiery spirits and had hasty tempers, and a word 
 was sufficient to cause an explosion — " I suppose that by this time 
 you have received the letter which I Avrote to you on my line of 
 march. The contents of it may have perhaps surprised you, but 
 such is I am nearly sure what I shall do Avhen I get my Lieuten- 
 ancy, Avhich will be in about five or six month's time. I suppose
 
 ( 123 ) 
 
 that Lady Doughty troubles herself a great deal about Avhat is going 
 on with the Lawyers, she must have been very sorry at not having 
 been able to take part in their discussion about the house furniture. 
 I fancy that she talked much about it to my Uncle. I can not make 
 out Avhat she coidd have ment" — this is a form of spelling common 
 both to the letters of the undoubted Roger, and to those of the 
 defendant — "to do with it if it had been given to her after my 
 Uncle's death. It appears to me that she ought to have found it 
 much more desirable that the furniture should remain in the house 
 instead of going out of it. I have not been able as yet to write to 
 Mr. Hopkins about the deeds for want of time, but I intend study- 
 ing them, and write what opinion I have formed upon them. I have 
 written to Lady Doughty my project of exchangin" — without the 
 final "g"; he frequently makes a similar mistake — "into the 
 15"' Hussars (but don't appear to know anything about it, even if 
 she was to speak to you about it, because I have written it to her 
 private, as I do to you), I wrote that such was my intention, and 
 such I believe I shall follow, I have nearly made up my mind to it. 
 I shall have, I fear, much trouble with my family when I shall let 
 it know publicly that such is my intention, but I hope to be able to 
 get over those difficulties with time and reesoning" — " reasoning " 
 written " ree " instead of " rea" in the first syllable—" I don't sup- 
 pose that my Father will remain long in England after he has 
 placed my Brothor at Downside, I fancy that he will go back to 
 Paris directly. I should be obliged to you if you had the kindness 
 to lorite me a long letter to let me know what is going on at Tich- 
 borne, and what those Lawyers are doing. I know nothing but 
 what Mr. Hopkins tells me, and it is very partial." He writes to 
 Mr. Gosford again on the 17th. " I suppose that by this time you 
 have received both my letters, and had time to form an opinion upon 
 the new plan which I have formed. I should feel much obliged to 
 you if you had the kindness to write to me to let me know what is 
 going on at Tichborne, and how matters stand with the Lawyers. 
 I fancy that Mr. Hopkins is all body and soul in those Deeds. I 
 don't fancy that my Father has ever read a single word about them" 
 — thus contrasting the w^ay in which his father allowed himself to be 
 led and guided by Mr. Hopkins, instead of himself studying the 
 deeds and mastering the subject matter of them, with the course 
 which he, Roger Tichborne, made a point of pursuing — " I have 
 not heard fi'om Lady Doughty since I wrote you last, but I hope to 
 receive a letter from her soon. I cannot help thinking that my plan 
 may grief her" — the substantive instead of the verb — "as it will 
 most likely do to the rest of my family, when the moment will come, 
 but such is, I may say, the resolution upon Avhich I have nearly set 
 my mind upon. I fancy that it will be next to impossible to get my
 
 ( 124 ) 
 
 -Father's consent, but however I shall try to obtain it, if it is pos- 
 sible. I have not, as I told you in my last letter, spoken of it to 
 anybody as yet, except in a private letter to Lady Doughty, and to 
 yon, so that I wish yon to keep it secret for the present. It Avill 
 make, I am sure, a great change in the family. But such is I am 
 nearly sure the best thing I can do, as I intend to follow up my 
 profession." Then comes a letter from Lady Doughty, dated the 
 27th of April. " I really have not had time to answer your letters 
 before, but if by nsing the word ' vexed ' you mean ' angry ' you are 
 wrong. I was not angry, but as you asked me I pointed out all the 
 ol)jections to your idea of exchanging into a Regiment in India, 
 but you have months to think about it & I hope you wdll do so. I 
 told L'^ Bellew that probably we should see you soon, because I 
 heard that the Deeds were so voluminous that it would be very in- 
 convenient to carry them to Ireland, & having been told positively 
 that leave was always granted if it "was represented as necessary for 
 family deeds to be signed or in jfine any case of urgent business, & 
 if you had therefore leave no doubt we should have the pleasvire of 
 seeing you here. I thought probably you might apply for it. Your 
 Father staid here a week. He was looking remarkably well & in 
 good spirits & the visit passed very agreeably." Then she says that 
 ]\Irs. GreeuAvood is going to dine there : " they dine here next 
 Tuesday 30*'' for your Cousin's birth day, and she begs I will give 
 you her love, & tell you to be siu'e to say a prayer for her before 
 the little Crucifix on that day, & you may add one for me to thank 
 God that she" — that is his cousin — "will be 16 on that day." Then 
 she says : " I am certainly sorry you have left Dublin, because I am 
 afraid your love of solitude will return upon you. Who is to be 
 your Col" instead of Col" Jackson ? & now my dearest Roger I come 
 to the last part of yom^ private letter, & say in answer to your line 
 * but nobody can ever care for me ' it is your own fault if they do 
 not." Now Avhen Roger was speaking about forming affections and 
 that nobody would ever care for him, we know very w^ell in what 
 direction that was pointed, and so his aunt seems to have understood 
 it. She says : " If you had resolution to live up to what you know 
 to be right & to conquer bad habits & be all that God designed 
 yovi to be, & which is not difficult if you would only use that energy 
 of character you possess, & ask God in his mercy to give you grace, 
 then you would be, believe me, a happier man in yourself, & you 
 need no longer repeat that question. It is true pleasure is fleeting 
 in this World. Why ? because it is not the World we are to live in 
 for ever, but only that World in which we are to try to prepare for 
 lasting happiness hereafter which Avill not be fleeting. As to your 
 being a stranger to your future situation you know enough of English 
 life now to convince you (especially with the good adviser you would
 
 ( 125 ) 
 
 I trust always have) that to make those around you happy & do your 
 duty is not so very difficult. Why should we look to Alfred? why 
 should Ave not continue to look & be attached to you, my dearest 
 Roger, who have shewn us so much kind feeling ? Your Uncle 
 sends you his affec^'^ love and your Cousin." 
 
 He next Avrites to his aunt about Cahir, giving a description of 
 the country, and I do not think this is altogether unimportant with 
 reference to his power of description and command of language ; I 
 do not mean that it is the language of an accomplished wi'iter, of a 
 person who has any pretension to style or composition, nor is it at 
 all free from mistakes; but if the latter may be ascribed to his 
 imperfect knowledge of the language, the style is that of an 
 educated person and one that no man, unless he has some pretension 
 to literary composition, need be ashamed of. " I shall be very 
 happy to give you a good description of the uncivilized place where 
 I am at present as I possibly can. The country round Cahir is 
 very fine, the town is surrounded by very high hills. The different 
 views fi^-om the top of some of those hills are beautiful. The soil in 
 some of this country is very poor, but what is more wonderful is the 
 scarcity of habitations. I have been several times on eleveted points" 
 — ^he writes an "e" where there ought to be an "a" — "from which 
 places I had a good view of the country. I was surprised to see how 
 very few Cottages were to be seen. But the quantity of houses and 
 cottages in ruin is very great, and what is more curious is the great 
 number of old churches in ruin, some of them very large, is very 
 great in this part of Ireland. I have visited several of them with 
 great interest. There are many bogs about Cahir. I had the 
 pleasure of getting into one of them the other day with my horse out 
 hunting. Some of those bogs are I believe very deep. There is no 
 Society whatever about Cahir ; there is a little I believe at Klonmel 
 but Klonmel is 9 Irish miles from the Barracks. I have a long way 
 to go to chapel on Sunday, as I am the only Catholic officer in this 
 place. I have to march the soldiers to chapel every Sunday, the 
 distance I have to Avalk is a mile and a half which makes a walk of 
 three English miles." You remember one of the officers stated as a 
 proof that Roger Tichborne's religion Avas sincere, that he made a 
 point of ahvays attending mass, no matter AA'hat the Aveather might 
 be, and that even when the weather Avas too bad for the commanding 
 officer to alloAv the men to go to chm'ch, Roger Tichborne always 
 walked to the Roman Catholic church, Avhatever the Aveather might 
 be, this distance Avhich he speaks of, and back again. Then he goes 
 on talking about the regiment and his expectation of leave, and he 
 says, " I fear that I shall not be able to obtain leave especially at 
 present, because the three Troops Avhich are here," that is at Cahir, 
 " are to be inspected by the General very shortly." We know state-
 
 ( 12G ) 
 
 ments were made Avitli reference to what passed at the inspection of 
 those troops at Cahir, and this will help us to fix the date of one of 
 the inspections wdiich took place. He says "the inspection is ex- 
 pected to take place very shortly;" you will find in a subsequent letter 
 it did take place. There is a passage I ought to refer to for the sake 
 of the spelling of a word. He Avrites : " The officer who is to take 
 command of the regiment when Colonel Jackson leaves is Colonel 
 Hay who has been Magor" — instead of major — "in the regiment for 
 many years. I shall be by that time first cornet and by the last 
 accounts I heard I shall get my Lieutenancy before feAv months are 
 over." Now writing the word "major" with a "g" might be acci- 
 dental ; it seems difficult to suppose that an officer in a regiment, 
 who must have seen the Avord "major" Avritten again and again with 
 reference to the name of the particular officer who held that position 
 in the regiment, should have been so stupid as to wTite "magor" 
 instead of "major;" and I should have passed it by as an accidental 
 circumstance, but I am bound to notice it, and for this reason, the 
 same thing occurs in the writing of the defendant. It is difficult to 
 suppose Roger Tichborne really did not know" how to write the word 
 "major" — writing it with a " G" instead of a "J" — but the same 
 thing happens with the defendant ; and it is therefore necessary to 
 take notice of so very startling and peculiar a mistake. When the 
 defendant came to write either about or to Major Norbury, he in 
 like manner on more than one occasion substitutes the " G " for 
 the " J." 
 
 Then there is a letter to Mr. Vincent Gosford about the proba- 
 bility of exchanging, and so forth: which I will not read at length, 
 but upon which I must observe that there are two mistakes, not 
 indeed characteristic of Roger Tichborne but Avliich I think it neces- 
 sary to point out. There are two instances in that letter in which 
 he writes " has " for " as." Now that happens very, very fi;equently 
 in the letters of the defendant. It is not at all of fi.'equent occurrence 
 in the letters of Roger Tichborne, but it is right to point it out to 
 you where it occurs. At the end of the letter he says, " I intend to 
 write to Mr. Hopkins that I have never been able to understand a 
 word about those 30,000/. which are to be given to my Brother. 
 I cannot make out from what source that money is to be taken from. 
 Pray let me soon hear from you and don't mention what I say in my 
 letters to anybody." Then comes a letter to Mr. Gosford, upon 
 which observation has been made as showing that the mind of 
 Roger Tichborne was coarse and indelicate. But it should be 
 observed that it was only intended to be seen by Gosford. " It is 
 some time since I had last the pleasure of receiving a letter from you. 
 Since I wrote to you last I have received the visit of Mr. Hopkins 
 who brought with him the different Deeds and Settlements which
 
 ( 127 ) 
 
 I liad to sign before he left the place. You will be glad to learu that 
 
 I have signed them, and that the great business has at last been got to 
 
 a conclusion. My Uncle, I fancy, will be glad to learn that the deeds 
 
 have been signed. I don't know if Lady Doughty will be pleased 
 
 when she Avill learn the different alterations which have been made, 
 
 and to which I have assended" — instead of "assented." — "I could 
 
 not help laughing when I came to read the latter part of the deed, 
 
 Avhich sais that after my Uncle's death Lady Doughty could choose 
 
 among the furnitur any chairs, stools (I don't know if there are any 
 
 night ones included), and other pieces of furnitvu- bought by Sir 
 
 Edward; that she might also choose any other articles of piety which 
 
 she liked. I am sure that there are enough prayer books at Tich- 
 
 borne to furnish the whole parish. The conclusion of that deed is 
 
 certainly one of the most laughable things I have seen for a long 
 
 time. Its all what I could do to keep my serious" — this is not 
 
 English but is a literal translation of the French phrase mnintenir 
 
 tnon serieux — " when Mr. Hopkins was reading to me about those 
 
 different articles. Don't repeat what I have said about the night 
 
 stools to anybody" — shoAving that he only meant that as a joke 
 
 between Mr. Vincent Gosford and himself — " I suppose that Lady 
 
 Doughty troubled herself much when she learned that Mr. Hopkins 
 
 was coming over to Ireland to see me Avith the Deeds. I was very 
 
 sorry at not being able to go to England for a short time to sign 
 
 them, but unfortunately I could not expect to obtain leave, especially 
 
 after having obtained it once before for family purposes. It would 
 
 have given me much pleasure to have been able to pass a short time 
 
 at Tichborne to be able to have some conversation with you on 
 
 different subjects Avhich I am partly unable to discuss in a letter. 
 
 I fancy that you have sometimes some conversation with Lady 
 
 Doughty about those Deeds. I suppose there was much gaiety at 
 
 Tichborne for my Cousin's birthday. I fancy that you distinguished 
 
 yourself in the dancing line at the servants' ball. I have heard 
 
 nothing new about my promotion, but I am taking all the necessary 
 
 information about my exchange, which I am able to see at present" 
 
 — there is something omitted here — " able to make without any loss 
 
 of money on my part. I have in some way changed my mind about 
 
 the regiment into Avhich I intended to have exchanged in. I think 
 
 at present that, instead of the 15'^ Hussars I shall exchange into 
 
 another Cavalry Regiment. I have been told some time ago that 
 
 the exchange is some time paid up to the amount of 800/., and it 
 
 Avill be rather a good thing for me, as it will clear all my expenses. 
 
 I don't expect that my family will furnish me with any money for 
 
 my exchange : fortunatly" — that is another word he always or nearly 
 
 always spells wrong, n-a-t-1-y instead of n- a-t-e-1-y — "all my expenses 
 
 will be paid by the officer with whom I shall exchange. I remain.
 
 ( 128 ) 
 
 ^ly dear Sir, hoping to have soon the pleasure of hearing from you, 
 Truly yours, K. C. Tichborne." 
 
 The Doughty settlement was now finally executed : I have already 
 stated to you what Avas in it. It created and vested in trustees 
 a term of 800 years for the purpose of raising the sum of 100,000/. 
 to relieve and aggrandize the Tichborne property ; it enabled Sir 
 Edward Doughty to charge a sum of 10,000/. upon the estate for 
 any purpose that he might direct by his will. It vested in Roger 
 the reversion in the Doughty estate after the life interests of his 
 uncle and his father should have expired. So the matter stood 
 on the settlement of that estate : there being thus, as you see, this 
 distinction between Tichborne and Doughty, that so far as regards 
 Tichborne the limitation and dispositions of the property under the 
 settlement of 1 844 could not be touched, while on the other hand the 
 settlement of the Doughty estate in 1850 enabled Koger Tichborne, 
 subject to the prior life estates of his uncle and his father, to dis- 
 pose of that property, or to charge it in such manner as he should 
 think proper, either by deed, or by his will to take effect upon his 
 death. 
 
 The settlement having been executed, there is a letter — and I think 
 it is the only one Ave have — from Sir Edward Doughty to Roger. 
 " Tichborne Park, May 26"' 1850. My dear Roger. I waited till 
 the return of Mr. Hopkins from Paris with the Deeds which he took 
 over for your Father's signature before I Avrote to you. I am very 
 much pleased with you for having so promptly signed them and 
 I hope that it will be a long time before you are troubled Avith more 
 business. I am happy to hear that you are still pleased Avith your 
 Regiment & trust that your ncAV Commanding Officer will be as 
 agreeable to you as Colonel Jackson was." Then he talks of mem- 
 bers of the family, and then comes this passage : " I have not been 
 successful in letting Upton, Avhicli I particularly regret. As it is 
 not in my power to keep it in proper order & repair, the value of it 
 A\'ill be less and less if it is not occupied. It Avould be very advan- 
 tageous to us all if you would consent to its being sold. I hear from 
 Alfred that he is happy at DoAvnside," and so forth. 
 
 On the 26th of May Roger Avrites to Gosford: " I had been ex- 
 pecting a letter fi-om you for a long time Av^hen I had the pleasure of 
 receiving your last tAVO days ago. I Avas much amused at the acount" 
 — " account" being Avritten Avitli one " c" — " Avhich you gave of Lady 
 Dough ty's little schemes. It must be I have no doubt to her 
 suggestion" — instead of " at her suggestion" — " that the last page of 
 the deed was Avi'itten. I aa-IsIi you had time to look over that page. 
 I have no doubt you Avould discover several other curiosities Avhich I 
 have forgotten to mention in my last letter. Among the different 
 articles which Lady Doughty is to have after Sir EdAA^ard's death
 
 ( 129 ) 
 
 slie lias the power of taking the different pictures and busts of the 
 Arundell family. The idea of mentioning such nonsense in a deed; 
 that, with the stools, makes the latter part of that deed worth" — 
 instead of "worthy" — "being send to ^ Punch.' I am sure that I 
 have seen many articles in ' Punch' not half so laughable as the last 
 page of that deed." This shows the keen eye he had to his own 
 interest, even in very minor matters. 
 
 Lady Doughty had desired to have these articles of furniture, and 
 she had succeeded in getting that concession made to her. Roger 
 did not like it, so he makes the sneering observation that I have 
 just read to you. Then he says : " I cannot make out why Lady 
 Doughty has not written to me since the middle of last month. The 
 only cause to which I can attribute her silence towards me is that 
 she is perhaps vexed against me for having formed the plan of serving 
 my time in the army in India. I am rather surprised that she has 
 never inquired if you knew anything about it, but at the same time I 
 am glad to see that she can keep a secret so well. If she mentions 
 the subject to you, I should be much obliged if you had the kindness 
 to let me know what she said about it. I should be very much 
 obliged to you if you had the kindness to tell Lady Doughty that I 
 should be much obliged if she had the kindness to write to me, and 
 that I have not received a letter from her for last six weeks. I wish 
 I could see you to have some conversation on several subjects, Avhich 
 I fear Avould be too long and too difficult to explain clearly on paper. 
 But I hope to see you somewhere before I leave the country, because 
 I am afraid that it will be quite impossible to come anything like 
 in sight of my family, for I expect that they will be so vexed against 
 me that I shall not be able to go to Tichborne. But on all cases" 
 — a translation of the French plu-ase, dans tous les cas, at all events, 
 — " I shall try to see you somewhere or another before I leave Eng- 
 land because I have several things Avhich I wish to settle before 
 I leave the country. You may rest assure that anything which you — " 
 Something, I do not know what, is here omitted, I suppose " say " or 
 "write" — "private or not, I never will mention to anybody what- 
 soever, and if anybody tells you that he has heard anything from me, 
 don't believe it. As I give you that assurance you can tell me what 
 is going on, and especially I should be much obliged to you if you 
 had the kindness to let me know what will be said when I shall have 
 made my resolution known. I am first cornet at present but I am 
 sorry to say that I shall have an examination to go through to get 
 my lieutenancy." 
 
 On the 6th of June he writes to his mother, and speaks of Alfred 
 having been placed at Downside, the mother being evidently fretting 
 and fuming about Alfred being put to school. He says, " I wish my 
 dear mother that you would not pain yourself so much about Alfred 
 
 K
 
 ( 130 ) 
 
 being placed at School. He is just the age to derive some benefit 
 from it ; it would have been a great misfortune for him if the time of 
 being sent to school had been delayed any longer. Do^vnside is a 
 very good college, and he will be well taken care of." Then there is 
 mention of some of his former fellow-students, which shows that 
 though he had lost sight of Stonyhurst he still recollected them. " I 
 was quite siu"prised that you had received some time ago the visit of 
 two of my old school-fellows. I suppose that the two Berkeleys will 
 make some stay in Paris. They are two very nice young men; I 
 have not seen them since I left College ; they must be much changed 
 since that time. I am glad that Edward Berkeley is going to see 
 Le Brasseur" — another of the philosophers — " at Antwerp and pass 
 some time with him." Then he goes on to talk about Paris; and 
 then he says — " I was glad to learn by your letter that you admired 
 our uniforms. It is a very neat dress, if I could get the picture of 
 the uniform Avith the new helmet, I should send it to you Avith much 
 pleasure, but unfortimately it is not published yet. The present 
 dress is the same, only the helmet is handsomer: it is the same as 
 the Life Guards, except instead of steel it is of quilted brass Avith a 
 black plume. AVe have had" — this is in June — "we have had not 
 long ago an inspection : the General came from Limerick" — that is 
 General Napier, the one-armed General — ''the General came from 
 Limerick to inspect the Regiment. He Avas I believe much pleased 
 Avith the Regiment, and Avith the different evolutions Avliich Ave per- 
 formed before him." I take for granted it could not have been at 
 that inspection that the confusion occurred of Avhich the defendant 
 has told us, A\^hen he says Captain Polhill- Turner's troop got into a' 
 difficulty, and Captain Polhill-Turner forgot the Avord of command 
 and he gave it in his stead, and so brought off the troop, Avhich 
 otherwise must have remained in the barrack -yard for the want of 
 the Avord of command. It could not have happened on that occa- 
 sion, because Ave know that Avlien it did happen, both officers and 
 men Avere sentenced to extra drill, while at this inspection Roger 
 Tichborne tells us the General Avas pleased with the manner in 
 which the troops performed their evolutions. 
 
 He Avi'ites to Mr. Gosford on the 30th of June : the only part of 
 that letter worthy of notice is Avhat he Avrites about Upton. " I have 
 not had any ncAvs from Tichborne for a long time. I should feel 
 obliged if you Avrote me as soon as you can. I wrote to my Uncle a 
 short time ago and I expressed to him that it Avas not my intention 
 to consent to the sale of Upton" — You remember in the letter I 
 read to you from Sir EdAvard Doughty, Sir Edward pressed upon 
 him the sale of Upton as a thing beneficial to all parties — " I hope 
 what I said about it Avill settle all about it, and that my Uncle will 
 not again mention the subject to me." Then there is a letter from
 
 ( 131 ) 
 
 Walter Strickland, Avhicli is only valuable as showing the confidential 
 intimacy "which existed between those two young men. He is writing 
 from "H. M. S. Amphitrite, Valparaiso, April 29th, 1850. My 
 dear Roger, Most kind letters from your very dear Uncle and Aunt 
 tell me of your having attained the two great objects of your wishes, 
 your commission & your twenty-first birthday. They have however 
 forgotten to tell me your regiment, so I must as usual enclose this to 
 them. Need I tell you my dear Roger how heartily I congratulate 
 you on the above two great events. How much you will have altered 
 in the three passed years ! I often think of you & try to imagine 
 Avhat sort of a fellow you will be when once more we grasp each other 
 by the hand. You will find me too altered I expect, for three years 
 must make a great change in every one. I look forward to spending 
 at least a short time with you at Loughglyn" — that was his father's 
 place — " though I fear you will find it rather dull to remain long at 
 such an out of the way place. If we are there together in September 
 Ave can have good grouse shooting on the Avild bogs of the west, but 
 except this, books and chat must be sufficient to amuse us. We shall 
 have a good deal to talk over together, that is if Ave meet with the 
 same mutual confidence Avith AAdiich Ave parted, and which I sincerely 
 hope nothing Avill ever occur to disturb. I find the not having any 
 one near me to AA^iom I can give my confidence the greatest draw- 
 back to my profession ; but this must be more or less the case in every 
 public calling." Then he adverts to Polonius' advice to Laertes in 
 Hamlet, AAdiich we need not repeat here. Then he says, " As I shall 
 be home so soon after this it is no use spinning you a long yarn noAV, 
 so I Avill bid you good bye, and Avith every possible hearty good aa^sIi 
 for your happiness & prosperity, Believe me to be. My dear Roger, 
 Your Sincerely Attached friend, Walter Strickland." 
 
 In his next letter to his aunt Roger refers to a matter which was 
 brought forAvard upon the present occasion, and Avliich I think might 
 very Avell have been spared. A question was put to Mrs. Higgins 
 when she was in the Avitness-box as to Avhether her marriage with the 
 late Mr. Higgins had not been a maiTiage unacceptable to her family, 
 and among others to Roger Tichborne. Why that should have been 
 brought forAvard except to gratify a sort of spitefid vindictiveness, 
 Avhicli appeared to be part of the spirit of this defence, against the 
 late Mr. Higgins, because he seems from the beginning to have dis- 
 puted the identity of the defendant, and set himself in opposition to 
 him, I cannot understand : as to saying that Roger CA'er felt any 
 displeasure at the former Mrs. Bennett's marrying Mr. Higgins her 
 second husband — there is no trace of it at all. The only time he 
 speaks about it is in this letter to his aunt, of the 9th July, 1850, 
 in which he merely expresses his surprise. " I had the pleasure of 
 receiving your last very kind letter the day before yesterday. I 
 
 K 2
 
 ( 132 ) 
 
 was mucli surprised to learn by it Mrs. Bennett's marriage." Lady 
 Doughty having said that Mr. Higgins had proposed more than 
 once before she accepted him, Roger says ; " I never knew that 
 ]\Ir. Higgins proposed to her on some previous occasions. This 
 occurrence will, I have no doubt, make a great change in Lady 
 Tichborne's home" — that is in the house of her mother, with whom 
 she had previously been living. 
 
 In a letter to Mr. Vincent Gosford, of 18th of Jidy, 1850, he speaks 
 of his father being at Tichborne, and says, " I hope that everything 
 goes on smoothly between him and my uncle." Then he says, " I 
 suppose that my father and my uncle have had much talking about 
 the settlement. I have no doubt that my father expressed to you 
 how sorry he was at my not wishing Upton to be sold. I have not 
 heard anything more about the subject for a long time." Then, " I 
 fancy that you have sometimes long conversations with Lady 
 Doughty as you used to have when I was at Tichborne : does she 
 ever ask you if I often write to you ? " 
 
 Next comes a letter important only in one respect, as showing that 
 Roger Tichborne Avas acquainted with his mother's Christian name ; 
 and strange it would be if he had not been so. What son grows 
 up to the age Roger Tichborne attained without knowing what his 
 mother's name is ? Of course, he must have heard his father address 
 her by name hundreds of times ; and that he knew her name is 
 perfectly certain from the fact I am about to advert to of his writing 
 to her about her Saint's day. You are all aware, no doubt, that 
 instead of wishing people joy on their birthday, as is done in 
 England, in France congratulations are offered and compliments 
 paid, and sometimes presents made, to persons on their Saint's da}'^ 
 I suppose there is in the Roman Catholic calendar a Sainte Hen- 
 riette ; but with the circumstances of the life of that female saint, 
 I cannot profess myself at all acquainted. I am not, I confess to 
 my shame, familiar with the Calendar of the Saints, and I do not 
 know anything about Sainte Ilenriette ; but Roger Tichborne, I 
 presume, did. At all events, it is plain fr'om this letter he knew his 
 mother's name was Henriette, and therefore it was right for him to 
 pay her his compliments and express his good Avishes on the occasion 
 of the Saint's day : but being occupied Avith his drill and so forth, 
 I suppose he forgot the exact day, and let it pass Avithout notice, 
 and he apologises for it. " I had forgotten that La Sainte Henriette 
 was on the 15"^ of this month, otlierAvise I should have made it a 
 point of writing sooner." This shoAvs revj plainly that he kncAv Avhat 
 his mother's Christian name Avas. That letter brings us doAvn to the 
 22nd of July, Avhich is the last letter Avritten from Caliir in July. 
 
 In the ensuing month of August he writes to Mr. Gosford a letter, 
 in Avhich he states A^ery explicitly Avhat his vicAvs and intentions are
 
 ( 133 ) 
 
 at that time : " I had the pleasure of reccivhig your last letter 
 yesterday. I am not in the least surprised at several remarks which 
 you made about Lady Doughty. I know enough of her character 
 to see that all what you say is perfectly true. There is a peculiarity 
 which has taken place a short time ago, and which is the cause that 
 Lady Doughty and I are not on the best terms. It is Avliat explains 
 to me why she never mentions my name before you or never writes 
 to me " — At that time the coiTcspondcnce had slackened — " The last 
 letter which I received from her is, as far as I can remember, more 
 than six weeks ago. I never would have thought that such a trifle 
 would have been the cause of a kind of rupture between us. The 
 caiise is, as far as I can judge, this : I Avrote several times to Lady 
 Doughty about my intention of going to India till about (as far as I 
 can remember), six weeks or two months, when I wrote to her that 
 not receiving any more answers to my private letters, I thought that 
 our private correspondence was nearly brought to a conclusion. I 
 have never heard or received any letters from her since that time. 
 I don't talk at present of my plan of going to India, but it is all the 
 same fiilly my intention. I have always wished to serve in that 
 coimtry, but my father objecting to it and my not being of age pre- 
 vented me from carrying that plan into execution. It Avill be a very 
 good thmg for the property, because it will enable the trustees to 
 pay the debt which is on it sooner. My intention is to go to India 
 for 10 years ; I hope that in that length of time the property mil be 
 set to right" — instead of to rights — "again, because it is not even 
 so the difiiculty of paying the debt which is on the property Avliich 
 is very great, but it is of building and repairing the different farms 
 and cottages, which with different other things ynR amount to a con- 
 siderable sum of money ; and it appears difficult for mc to remain in 
 England and live on property which has debts upon it nearly tvnce 
 its value (thanks to my blessed relatives)." — Now, this is the only 
 instance, as far as I am aAA^are, in Avhich Roger Tichborne shows any 
 want of knowledge relating to the property, or talks nonsense about 
 it. It is utter nonsense to say there were debts on the property nearly 
 twice its value, when the property Avas Avorth 15,000/. or 20,000/. a 
 year. HoAA^ever, such is his statement, and he adds to it the rash and 
 intemperate expression, that the debts were OAving to AA-hat he calls his 
 " blessed relatives." He continues — " Instead of that, going abroad 
 as a cavalry officer, I receive 400/. for my pay ; that, joint " — for 
 joined — " Avitli the 500/., gives me nearly tAvice as much money as I 
 can spen " (Avithout a final " d ") " in that country. I shall most 
 probably exchange into the lO**" Hussars or the 9th Lancers; they 
 are the tAA'o last Regiments Avhich went out. The only thing that 
 keeps me fi-om exchanging noAv is that I am Avaiting for my lieuten- 
 ancy, and that I AA-ant to see my family before going out of the
 
 ( 134 ) 
 
 country. You misunderstood me Avlien I spoke to you of giving 
 Upton to Miss Doughty. If I ever did such a thing it would never 
 be my intention of giving her at the same time the power of selling 
 it or doing with it Avhatever she chose ; that has never been my 
 inttention " — ^^itten with two " t's " between the first and second 
 syllable instead of one — " But what I thought of doing Avas this. I 
 took, as you most likely know, a great fancy for my Cousin, more 
 even so that " — instead of " than" — " I ever felt or care to feel for 
 any other young lady of her age. "Well, as I knoAv that she was 
 very fond of the place, I thought that when I should go abroad I 
 should give her leave to go there Avhenever she liked, and remain 
 there as long as she chose. I never meant more than that." Then 
 he goes on to another subject. " I perfectly understand what yon 
 told me is going on at Tichborne. I could not help laughing about 
 Avhat you said about the school room, there must be about as much 
 study going on there as in my smoking-room at the top of your 
 office." What he referred to there I can only conjecture. I sup- 
 pose there was some gentleman in the house paying some attention 
 to Miss Doughty, because he follows up his first observation with 
 this — " I make no doubt of the truth of what you say of Miss 
 Doughty being engaged to marry at this time next year. She will 
 be, I have no doubt a fine looking and spirited girl which with her 
 fortune Avill be I am certain a great attraction for many. I hope 
 that she will make a choice Avhich Avill make her happiness, that the 
 wish AA'hich I form for her." Here we have an omission of the 
 auxiliary verb " to be," Avhich occurs in one or tAvo instances in 
 Roger's letters, but perpetually in the letters of the defendant. If it 
 occurred only once in the letters of the defendant I should have 
 attached no importance AA-hatever to it. It is one of the things that 
 might happen in the hurry of Avriting. There are few persons Avho, 
 writing a hurried letter, Avith the pen travelling over the paper as 
 fast as it can go, Avhich Avould probably be the case in a letter of 
 this length, do not make mistakes. It is only Avhere you find the 
 peculiar mistake or peculiar form of expression so constantly re- 
 cun-ing, that you cannot ascribe it to carelessness, but to the settled 
 habit of the Avriter, that you are wairanted in setting it doAATi as a 
 characteristic peculiarity. He says, " I am not at all surprised at 
 Lady Doughty AA'orking up with the Scotch lords." — I sup^iose the 
 Master of Lovat Avas there. — " She is as you knoAv A-ery fond of 
 Scotland, and secondly she has many relations there. I belicA^e as 
 you remember that she thinks of living about ten years after my 
 uncle ; it vnW be a very good place to put all those Avonderful things 
 which have been given to her by the settlement. I have received 
 a short time ago a Deed or Bond (whatcA-er it is) from Mr. Hopkins. 
 I don't fancy at all to sign it ; especially for that sum of money."
 
 ( 13o ) 
 
 Now, as far as I can make out, wliat this bond had reference to 
 was the cost of those vohiminous deeds which were thought neces- 
 sary for this settlement. I think Mr. Hopkins must have had to 
 pay very heavily for extra luggage in taking over all those masses 
 of parchment which had to be execvited in order to caiTy this entail 
 of the Doughty estates and the resettlement of them into execution. 
 Oh ! that the time would come or had come when conveyancing 
 would be reduced to the limits within which common-sense ought to 
 confine it. This certainly was not the case at that time ; though I am 
 I'ather in hopes there has been some reform in this respect since, and 
 that deeds are not so tautologous, so voluminous, or so barbarous in 
 their phraseology as they were formerly. He goes on : — " I don't 
 fancy at all to sign it, especially for that sum of money. I never 
 wanted the Lawyers, I don't want to pay Law^yers to pester the life 
 out of me, my Father and Uncle coidd not do Avithout them, well 
 I think that it is quite fair for them to pay the Lawyers. I have 
 a good mind to send it back with a bit of my mind -vATitten on it, and 
 I am sure I shoidd not care much wdiat I said about it. My family 
 could not do without them, well I think it quite fair for them to pay 
 them, and not the one who they tied as much as they possibly could. 
 I think that I have quite enough to pay those Avho I employ without 
 paying those Avho annoy me" — This referred to Mr. Hopkins and 
 the rest of the lawyers, I hope not including the learned conveyancer, 
 whoever he was, who settled those deeds—" I never mentioned a word 
 to Lady Doughty about Upton in any of my letters. I hope to have 
 soon the pleasure of receiving another very long letter from you." 
 And so on. " You ask me if I am tired of this place, I had quite 
 enough of it at the end of a fortnight to judge uoav what it Avill be 
 in Avinter. I don't knoAv really Avhat Ave shall do Avith ourselves in 
 Ti-inter in this place." In that letter, you see, he corrects an impres- 
 sion that Gosford had on his mind as to Avhat he intended to do with 
 regard to Upton in favour of his cousin. As to this Mr. Gosford 
 was asked whether Roger had not at one time a notion that he could 
 actually give Upton to his cousin before he came into possession 
 himself, and make the property absolutely hers ; and Mr. Gosford 
 answered, I cannot help thinking someA^diat rashly, that such was 
 his early notion. I cannot understand how it is consistent Avith 
 the surrounding circumstances that such an idea could at any time 
 have entered into the mind of Roger Tichbome : at all events it 
 did not remain his impression. Mr. Gosford says he afterwards 
 understood Avhat his position Avas; and kncAv that his poAver to do 
 anything for his cousin Avith reference to the Upton property Avould 
 only arise on his coming into possession by the death of his uncle 
 and fathei-, in AAhich case he meant to give her the priA-ilege of resid- 
 ing at Upton until her marriage if she should be so disposed. A great
 
 ( 136 ) 
 
 deal was made of this for the purpose of leading you to draw the 
 inference that l\02:er Tichbornc did not iinderstand Avhat his riohts 
 were with regard to the Doughty estate ; an opinion which I must 
 say I cannot in any way share. 
 
 Lady Doughty ha\ang discontinued her letters, he is vexed at her 
 silence. The correspondence with her was a sort of link between 
 him and his cousin, and it enabled him to know exactly Avhat his 
 aunt's sentiments Avere with reference to Avhat so deeply interested 
 him. He writes to her on the 18th of August. " My Dear Aimt 
 I don't know to what cause I may attribuit the long silence Avhich 
 you keep towards me : I don't know if I have said anything in my 
 last j)rivate letter which has displeased you. If such be the case 
 I am very sorry for it because it has never been my intention. If 
 you woidd be kind enough to let me know what I have said which 
 has offended you in my last letter I should be much obliged because 
 I should be perhaps able to give some explanation. I remain. My 
 Dear Aunt, tiU I have the pleasure of hearing from you Your very 
 affectionate nephew, R. C. Tichborne." Then comes a letter from 
 Lady Doughty in answer, dated August 21st, "I have received your 
 few lines this morning & hasten to assure you that I have not the 
 slightest cause of displeasure against you & have been much wishing 
 to hear from you. The last ■private lines you wrote to me merely 
 asked if I had any more reasons to give against your going to India. 
 Now I had previously told you that the objections I saw were the 
 age of your Father & Uncle & alas ! very declining heath of the 
 latter & therefore that the time might not be far distant when you 
 were called upon ; but after having represented tlds to you, as the 
 distance is now so shortened to India if you still persist in the Avish 
 why certainly you might gratify it & I have nothing more to say 
 than that Avherever you may go I shall ever pray and hope that God 
 in his mercy may draw your Heart to him and your angel guardian 
 Avatcli over you. My silence has really only been caused by my thinking 
 that your letters had better be addressed to your Father Avhilst he 
 was here than to me, but ever be assured that I am always the same 
 to you & that your letters are ever welcome, & that I am ready Avith 
 my usual sincerity to answer any priA^ate confidence you may give 
 me at any time." Then she says, " Thank Heavens your Father & 
 Ave have gone on most comfortably & he is remarkably Avell, & Alfred 
 a very fine boy, spirited & all Ave could Avisli to see him & noAv 
 Adieu." 
 
 Then there is a letter Avhicli is somcAvhat remarkable, as tending 
 to shoAv that Roger Tichborne Avas not the ignorant, stupid creature 
 that the counsel for the defendant has endeavoured to represent him. 
 It shows he must have had some information upon historical subjects, 
 as much perhaps as could be expected from a young man whose edu-
 
 ( 137 ) 
 
 cation had not been all that could have been desh'cd, and whose 
 knowledge had not been developed as it might have been under more 
 auspicious circumstances. It is a letter from Cahir, dated the 24th 
 of September: "My Dear Aunt I had the pleasure of receiving your 
 last letter some time ago. I was very sorry to learn by it that my 
 micle was not so well as you covild wish. I hope that the change of 
 air will do him good. INIy father came to see me at the beginning 
 of this month ; fortunately a room happen " — the termination of the 
 past tense omitted — " to be vacant in the Barracks which w\as given 
 him by the Colonel to live in. He w^as very much pleased with the 
 place and the Regiment. What pleased him most was to see the 
 Regiment going out for a field day, in full dress. I got leave to go 
 and pass two days wdth him in Dublin. (You can imagine how much 
 I enjoyed my stay in Dublin, coming irom such a place as Cahir.) 
 I have made of late several excursions." — You will remember one of 
 the officers Avho Avas stationed there at the time told us he was inti- 
 mate with him, that they were both fond of going to see ruins, and 
 frequently made excursions in the neighbourhood to see the more 
 ancient ruins to be found in the old parts of Ireland — " I have made 
 of late several excursions — one among others to the old Castle at 
 Cashel. That old Castle was formerly the residence of the Kings of 
 Ireland: it is certainly one of the most curious ruin" — the singular 
 for the phu'al — " Avhich I have seen for a long time. Among other 
 curiosities which are to be seen there, there is one of those old Irish 
 towers wdiich were build before Christianity" — Here is another 
 instance in Avhich he Avas wrong in the termination of the preterite 
 of an irregular verb, and curiously enough the Avord "built" occm's in 
 four instances, and in every one of them he has first Avritten it right 
 and then alters it and converts the word into "build," striking out the 
 "t"and substituting the "d." The first impression is the correct 
 one, and the correction he attempts makes him Avrong. — " There is 
 one of those old Irish toAvers Avhich Avere build before Christianity. 
 It has never been knoAvn to a certainty for Avhat purpose thej^ w^ere 
 build. The Avay they Avere build has made some persons think tlia 
 they were build to Avorship the fire" — An Englishman Avould have 
 AATitten "to Avorship fire," a Frenchman says "le feu," therefore he 
 puts in the article — " What has given rise to that opinion is that 
 many towers of the same kind have been found in Persia Avhere they 
 used to Avorship the fire. The toAver of Cashel is 130 feet high ; the 
 door as in all those buildings is betAveen 12 and 16 feet fi-om the 
 ground. I saAV there another object of curiosity, it is an idol Avhich 
 the Saxons use to Avorship" — the " d " making the past tense, omitted 
 — " It is certainly one of the ugliest thing which I have seen. I am 
 sure that the Egyptians among their A^arious collections of gods had 
 not one half so ugly as the one Avhich I saAv at Cashel Castle."
 
 ( 138 ) 
 
 Let us pause here for a moment. Here is a man avIio is acquainted 
 with the historical fact that fire was worshipped as the Persian 
 divinity from the earliest time. We see also that he knows something 
 about the Eg}^tian mythology ; probably he Avas aware that the gods 
 of that mythology were, as regarded their outward representation in 
 the form of idols, in numerous instances a strange compound of beast 
 and bird and man; of the animal form and the human. And he 
 adverts to that Avith reference to the Saxon idol Avhich he had seen in 
 one of these old castles. " I saw a Saxon idol, a thing of monstrous 
 and hideous form. I am sure that even the Egj-ptians Avith their 
 strange Gods had nothing more ugly than this monstrous idol." Is 
 that the letter of a man who is a mere idiot, and Avho has not 
 the faintest trace of education or of ordinary common knoAvledge? 
 Knowledge of this kind is matter fairly to be taken into account in 
 determining the intellectual character of Roger, Avhich by-and-by I 
 shall invite you to consider. You should also look at the catalogue 
 of his books and judge for yourselves as to Avhether he was the poor, 
 sunken, miserable creature which the learned counsel. Dr. Kenealy, 
 endeavoured to represent him before you. I go on with this 
 letter : " I am in hopes of getting my lieutenancy soon. I passed 
 an examination Avhich fortunately for me Avas on nothing but on 
 Regimental matters and on Courts Martial, still it took me much 
 time to read through all the books, because they are so very dull that 
 I use generally to go asleep Avhen reading them. It Avas very lucky 
 for me that I Avas not obliged to study Euclid, because I am certain 
 that I ncA'cr Avould have passed." In the next letter he speaks, not of 
 Euclid merely, but of the six books of Euclid, some of AA^hich he had 
 studied before, and as to AA'hich he received his certificate Avhicli 
 enabled him to enter the army — " You aa^II know my promotion as 
 soon as I aa^HI, by seeing my name in the ncAvspaper. The inspec- 
 tions Avill be at the beginning of next month : Ave expect the General 
 about that time fi-om Limerick." 
 
 NoAV comes a second inspection, in Avhich the circumstances spoken 
 of by the defendant may possibly liaA'e happened : it could not have 
 happened at the former one in May, referred to in the letter I liaA'e 
 already read to you. Then there is a letter from Lady Doughty 
 dated 25th September, Avhich I only adA^ert to because it refers to the 
 election at Poole at Avhich Mr. Danby Seymour had just succeeded 
 in getting elected. It is AATitten at Upton, AA^iere she Avas staying: 
 " I send you this paper to tell you of the successful termination of 
 this very hardly contested election & I am Avriting this in Poole 
 where we came to witness Mr. Seymour & his Brother being taken 
 in an open Carriage, band playing, flags flying, &c in an immense 
 long Procession round Poole, Parkistone," and so forth. That letter 
 being Avritten to him at Cahir, at the time of that election, shows \-ery
 
 ( 139 ) 
 
 plainly that he was not at Poole at that election, and it could not 
 have been on that occasion, at all events, that any deputation went 
 out to invite him to stand. Then he writes to congratulate Mr. 
 Seymour on his success at Poole. He says, " I only learned it few 
 days ago by a letter which I received from Lady Doughty. I am in 
 hopes of getting my promotion to the rank of Lieutenant in the 
 course of a feAV days, you might even so know it by this time as it 
 was so far as I could ascertain to appear in tomorrow Tuesday's 
 Gazette." That is the 30th September. " I have passed some time 
 ago the examination which Avas required of me before I could be 
 recommended for promotion, that examination was lukily," — the "c" 
 being left out — "for me all on Regimental matters, otherwise if I 
 had been obliged to pass an examination on the six books of Euchd 
 I am afraid that I should have been refused." 
 
 I just call attention to that passage, because a question of Avhether 
 he knew Avith what subject, or with what department of literature or 
 science the work of Euclid was connected, was put to the defendant, 
 and he was obliged to admit that the name of Euclid was wholly 
 unknown to him. I think it is impossible to go through this 
 correspondence, and the facts Avhich I have brovight under your 
 attention with regard to the mathematical studies of Roger Tich- 
 borne, without seeing that Roger Tichborne had studied, and endea- 
 voured to master, at all events some portions of the great work of 
 Euclid on geometi'ical mathematics, and that he was quite familiar 
 Avith the name, and, Avhat is more, knew that the geometry of Euclid 
 Avas contained in six books, Avhich a person not conversant Avith 
 Euclid woidd certainly not have been likely to knoAv. He says, " If 
 I had had to be examined in the six books of Euclid I do not expect 
 I should have been able to pass." This clearly shoAvs he kncAv 
 Avhat the Avork Avas about, and though it may be that, his aptitude for 
 mathematics being comparatively small, the propositions, though 
 mastered for tlie time, may haA^e left no permanent impression on his 
 mind, yet it is difficult to suppose he could have forgotten the name 
 of Euclid, or the subject matter on which that great master Avrote. 
 
 On the 7th of October he Avrites thvis Avith reference to his father in 
 a letter to Mr. Vincent Gosford: — " My Father came to see me at the 
 beginning of last month : he remained three days Avith me ; he Avas 
 much pleased Avith the place and the regiment. What pleased him 
 much Avas to see the regiment going out for a field day in full dress. 
 I Avas allowed to go and pass tAvo days Avith him in Dublin. I 
 enjoyed my stay there very much, especially coming from such a 
 place as Cahir. I am regularly tired of this place. It Avas mentioned 
 some time ago at mess that they were going to reduce the army in 
 Ireland, that five cavalry regiments Avere to be send over to England 
 in the spring. I wish they did it because we Avould be among the
 
 ( 140 ) 
 
 number. My Father admired the place very much, but I am sure 
 that if he was obliged to remain in it a fortnight or three weeks he 
 would have quite enough of the place. Nature has done wonders for 
 the countiy, but nothing for the inhabitants. They are certainly the 
 greatest blockheaded set of people — under the sun." Then he says, 
 " I don't know Avliat Mr. Hopkins must think at not receiving any 
 letters from me about that Deed which he send me to sio-n. I have 
 not done it, and I don't think that I shall do it, because I don't think 
 it fair at all." 
 
 Now, a question will arise by-and-by, with reference to the evidence 
 of a Avitness who has sworn very positively on the part of the defence, 
 whether Avhen Mr. Tichborne visited his son, and stayed a few days 
 with him in the barracks at Cahir, the son accompanied him on his 
 going back to Dublin on his return to England. The son in the 
 letter I have been reading says that he went with his father. What 
 the father says about it is this. He writes to his Avifc from Spitchley 
 Park, near Worcester, on the 17tli of September. " I must now con- 
 tinue an account of my proceedings after I quitted Cahir which I 
 did on Monday the 9th, Avith dear Koger, and we went to Dublin 
 together, as his Colonel had very kindly given him leave of absence 
 for three days to be with me, and this made me enjoy my visit to 
 Dublin very much ; and as soon as we arrived there we met Charles 
 de Brimont avIio is a great friend of Roger's, and this made it very 
 pleasant for us all. I did not forget to buy you a very handsome 
 poplin gown, and gold colour, as you Avished, and I think AA'hen it is 
 made up it Avill be very pretty. We must manage as aa^cII as Ave can 
 to pass it Avhen Ave get to Boulogne. William thinks he can contrive 
 it very well by wrapping it round him. I hope Ave may succeed as I 
 flatter myself you Avill be pleased Avith it. I parted with our dear 
 Boy on the evening of Wednesday the 11th and he returned to his 
 quarters at Cahir, and the next morning I embarked for England. 
 And as I had received so many kind invitations from my good friend 
 Mr. Berkeley to pay him a \-isit, I took this opportunity, as I passed 
 so near Spitchley, of coming to pass a few days Avith them ; I arrived 
 here last Friday, and nothing can exceed the kind and hospitable 
 manner in Avhich I have been received by the family." These letters 
 shoAv beyond all doubt that Roger did in fact accompany his father 
 to Dublin. 
 
 Lady Doughty Avrites to him on the 14th October. " I have been 
 looking anxiously every Gazette to see if you have your Lieutenancy 
 — am I to understand by your private that your going to India is a 
 fixed affair & that your Lieut^ Avill be in some Reg* in India ! 
 pray write & tell me, your secret is safe Avith me. It is useless 
 repeating objections I have so often given you at length, if determined 
 I can say no more, however I may have regretted it — than wish your
 
 ( 1-il ) 
 
 happiness & tliat God will preserve you from falling unprepared into 
 his hands & for that I Avill ever pray & get Prayers. You say ' you 
 hope to be permitted once more to sec your Uncle Cousin & myself 
 before you go' — Of course, you will, however painful such a parting 
 may be ; however you woidd not see your Cousin this Winter, as Ave 
 are making up our minds to let her go again to a Convent for masters 
 & finishing studies diu-ing this AVinter, & bring her home after Easter 
 wdien she will be 17 & School Studies ended & she will go out with 
 us ; it is a sacrifice on our part but we feel convinced however that it 
 will be much for her benefit, tlio' a dreary winter to us." It has 
 been suggested, though it seems hardly worth notice, that this was 
 done in order to send Miss Doughty out of Roger's way because 
 Lady Doughty had some suspicion of Roger's intentions towards her 
 daughter. I can find nothing Avhich gives the slightest colour to 
 such a suggestion. On the 18tli October he writes to Lady Doughty, 
 " JNIy Dear Aunt. I reply to your last letter which I had the plea- 
 sure of receiving on the 16th. I have but little more to say in 
 writing. I shall receive my Lieutenancy in my present Regiment in 
 all probability in the course of a very short time. My intention is to 
 exchange into a Cavalry Regiment in India towards the end of 
 winter or the beginning of Spring the latest. I am in hopes of 
 obtaining some leave during the winter to be able to go and see my 
 Family. I shall see you I hope during my stay in England. Rest 
 assm-ed that anything which you have told me will remain buried in 
 my soul and that not a single person Avill hear a Avord of it from me. 
 I Avas sorry to see a passage in your letter in which you expressed 
 yourself as having donne or said something which had pushed me to 
 that j^lan of going abroad. You have never said or done anything 
 to Avhich I might have been in the least degree vexed. You have 
 ahvays been very kind to me ever since I know you, for Avhich kind- 
 ness I feel very thankful and will ahvays show as much gratitude as 
 I possibly can." Writing to Mr. Gosford, he says : " I Avas very 
 much surprised at some of the ncAvs Avhicli she gaA^e me, especially at 
 one among others — it is that Miss Doughty is to go back to Convent 
 for the Avinter. It appears to me very strange that she should go 
 back to school after having left it for more than a year. It looks to 
 me very much as if Lady Doughty and the governess could not 
 agree Avell together. I am in great hopes of obtaining some leave at 
 the beginning of the year. I hope very much to be able to spend 
 some time at Tichborne during my stay in England. I shall be 
 very happy to see my family again, and to be able to have some talk 
 Avith you on several subjects AAdiich Avould be difficult for me to explain 
 on paper." 
 
 Now that passage is only in accordance Avith what I have read 
 before, as tending to shoAV the unreserved confidence Avith Avhich
 
 ( 14- ) 
 
 Roger Tichborne treated Mr. Vincent Gosford. Tliere is no sub- 
 ject, however secret — I had almost said however sacred — his relation 
 to his father, his mother, his uncle, his aunt, and the to him all- 
 engrossing one of his cousin — on which he does not communicate in 
 the most unlimited and unreserved confidence with IMr. Gosford— 
 a fact, as it strikes me, very material to be borne in mind, by reason 
 of the conduct adopted by the defendant towards Mr. Gosford when 
 he first came over to this country from Australia. These passages 
 show, as I have said, that there was nothing which Roger Tichborne 
 had in his mind or heart which he hesitated to communicate in the 
 confidence of an unreserved friendship to Mr. Gosford. It is very 
 different as regards the letters to his father, his mother, and his 
 aunt. He does not half go into things Avith them as he does with 
 Mr. Gosford. 
 
 Then Lady Doughty Avrites to him on the 21st of November, from 
 Upton, about her daughter: "We sent our dear Child to Newhall & 
 she is settled to her studies & exceedingly pleased with that fine old 
 place & all its inhabitants & her last few months of study will pass 
 quickly & agreeably to her, but xoe of course miss her much;" and 
 so forth. " I am sorry you could not go to the Stricklands but I can 
 understand you could not get leave. Walter wished much to see 
 you." On the 30th of December, on the eve of the new year, 
 she writes from Upton, and she says, " My dearest Roger, This 
 letter is to convey to you your Uncle's & my affecf'^ wishes for a 
 happy new year & birthday & many many returns of the same & 
 that as each year advances it may bring the reflexion with it, that Ave 
 shall not live in this world for ever, but that we ought sometimes to 
 prepare for the future which Avill fix our eternal destiny : Now 
 old dear, thanks for yom- last letter, Ave had been looking for it some 
 time & expecting you Avould be able to tell us what day we were to 
 expect to ha\^e the pleasure of seeing you, the contents therefore Avas 
 a disappointment : pray Avrite again very soon and tell us AA^hen you 
 are likely to come. Should certainly like you once more to see this 
 dear place where avc are noAV, for really I had no idea how much 
 more comfortable & dry a house it is than Tichborne till the expe- 
 rience of this "Winter not than / dont Avish you to like it so well as 
 Tichborne, but I should have pleasure in seeing you here again, 
 Avhere I kncAv and loved you as a little boy." Then there is other 
 matter not of importance. The letter is only interesting as shoAving, 
 as I think all these letters do, the very Avarm and sincere and affec- 
 tionate attachment of this lady to Roger Tichborne. It seems im- 
 possible to suppose that the Avi-iter can have entertained a suspicion 
 of Roger's intentions toAA^ards her daughter, and could have sent the 
 latter back to school to keep her out of his Avay. 
 
 Gentlemen, I have noAv amved at the close of tlie coiTcspondence
 
 ( 1^3 ) 
 
 of the year 1850, and it will be useless to begin the correspondence 
 of the ensuing year to-day ; we will therefore now adjourn. 
 
 ONE HUNDRED AND SEVENTY-FIRST DAY. 
 
 Monday, February 2, 1874. 
 
 The Lord Chief Justice : Gentlemen of the Jury, on Friday 
 last we had brought the history of Roger Tichborne down to the end 
 of the year 1850. There was one date which I did not give you, 
 wliich, by-the-bye, may perhaps, not be unimportant, and that is the 
 date of his promotion. He was promoted to his lieutenancy on the 
 22nd November, 1850. I am not at all sure, and I cannot make out 
 into what troop he was promoted. He Avas undoubtedly originally at- 
 tached, as I have before told you, to the troop of Captain Jocelyn. 
 When the regiment was removed from Dublin to Cahir, Captain 
 Jocelyn's troop was sent away on detachment to Limerick, and 
 Roger Tichborne not having finished his drills, was kept at head- 
 quarters, and was attached, I suppose, to another troop, and in that 
 troop got his lieutenancy. 
 
 By the Jury : Had he to pass an examination ? 
 
 The Lord Chief Justice: He had to pass an examination as we 
 have seen, not, as he anticipated, in mathematics and things of that 
 sort, but, simply on regimental matters. You will recollect that in 
 one of the letters I read you on Friday, he congratulates himself that 
 he had not been obliged to pass another general examination, and 
 says if he had been examined in the six books of Euclid, he is sure 
 he should not have passed. The examination was only on regimental 
 matters, and I am obliged to you for asking the question, because it 
 reminds me what I had forgotten to state — really this case is involved 
 in such a multiplicity of facts that one cannot carry them all in one's 
 mind — that having to pass an examination in regimental matters only, 
 he passed it where the head-quarters of the regiment were, namely, 
 at Cahir, and did not go to Dublin. That is one of the points where 
 the military knowledge of the defendant is at fault, because he says 
 he went to Dublin to be examined, Avhile we know from Colonel 
 Jocelyn that the examination took place at Cahir. In January, 
 1851, we find Roger at Cahir; he got leave shortly afterwards, but 
 at the commencement of the year he was with the regiment, and one 
 of the witnesses called for the defence, Thomas Muston, who had 
 been his servant up to that time, having said that he gave his master 
 notice to quit, it may be right just to call attention, in passing, to
 
 ( 1^4 ) 
 
 a letter written by Roger TIclibornc to Lady Doughty, from Cahlr, 
 of the 4th January, 1851, which seems to show the contrary: " I am 
 not at all pleased with Tom" — that is IVIuston, the servant—" he 
 does not pay any attention about cleaning my things properly. He 
 is quite a different servant now to what he was when he came from 
 your house. I am almost certain that he must have fallen into bad 
 company and the sooner he gets out of it the better. I told him this 
 afternoon that it was not my inttention to keep him any longer" — 
 " intention" spelt with two " t's"— " I told him that I should try to 
 place him. I should feel obliged if you know of a place vacant to 
 let me know as soon possible. I shall give him myself a certificate 
 because I don't think that he is so much to blame, because 1 think 
 that it is one of the most difficult thing for a young man of his age, 
 placed as he is in his situation without any experience of the world 
 not to be misled. I have no doubt that if he gets in a good place he 
 will come to be in a short time a good servant." This is only 
 important as showing that the man is not right when he says he 
 gave his master warning. Well, Roger gets leave of absence on the 
 15th January, and it appears to have been for a fortnight. Sir 
 Edward and Lady Doughty were staying at Upton, which was still 
 theirs, as well as Tichborne, and at which they always kept up an 
 establishment. It will be a question by-and-by how often and at 
 what time Roger Tichborne was at Upton ; and it appears that on 
 this leave of absence, his principal pm-pose being to go to see his 
 mother in Paris, he took Upton for a day or two on his way to Paris, 
 and then afterwards, on his return called there again, and paid them 
 another visit, of course only a short one, as the whole leave was only 
 for a fortnight. 
 
 On the 31st of January, the leave having commenced on the 15th, 
 he is back again at Cahir. Therefore he could only have been 
 a very short time at Upton either going or coming back. On his 
 second visit to Upton he appears to have had some confidential 
 conversation with Lady Doughty on the subject uppermost in his 
 mind ; that is, about his cousin. When he gets back to barracks on 
 the 3 1st of January, he ^vl•ites her a letter which evidently has reference 
 to some such conversation. " My Dear Aunt I was sorry that we 
 had not time on the morning of my departure to have some conversa- 
 tion on subjects which might have proved themselves usefiil to me. 
 You asked me a question ; if you remember I had not time to 
 answer so plainly as I could have wished for want of time." — At 
 this time we know he had conceived a notion, not believing in the 
 possibility of his affection for his cousin being returned by her, of 
 exchano-ing fi-om his ovai regiment into a regiment in India, or one 
 about to go there. — " You asked me that if I formed an affection for 
 some lady it would prevent me from going to India." Whether
 
 ( 14.3 ) 
 
 Lady Douglity iit this time did A\isli these young people to many 
 or contemplated such a possibility (tliough it was not, I think, 
 a marriage which she in her heart desired), I can hardly doubt that 
 she either sincerely, or insincerely, used this attachment, as far as she 
 could, as a motive to induce him to desist from his plan of going to 
 India. — " You asked me that if I formed an affection for some lady 
 it would prevent me from going to India. I would most as certainly" — 
 there is some confusion in the composition there — " and at the same 
 time leave the army at once. The army is very good for a young 
 man like myself who has not a home in the wide world to bless 
 himself with. But it appears to me almost impossible that a young 
 person could form an attachment for me, that I can scarcely believe 
 it. I cannot at the same time but Avish most sincerely that it could 
 be for many reasons. It Avould I have no doubt give me a brighter 
 aspect of life (for which I have so very little at present) secondly it 
 would make me lead a quiet and steady life and give me a happy 
 home to live in which is most undoubtedly one of the greatest 
 blessings a person can enjoy in this world. But it is unfortunately 
 too much happiness for me, so that I had much better not think 
 about it because it makes me unhappy. I shall do much better to 
 go to India for a certain number of years and come back to be able 
 to see my Brother well settled in life and retire afterwards quietly 
 into the country far from the world and do as much good to my 
 relatives as I possibly can ; that I have explained to you last 
 Tuesday night in your room (which conversation I hope you have 
 not forgotten). If you have a moment to spare to answer this letter 
 it will give me much pleasure to receive one in answer to mine. I hope 
 that you know enough of my character to know that anything Avhich 
 you may say in your letter to me is quite safe. Nobody in this 
 Avorld has ever known me to repeat a single word which you have 
 told me by word of mouth or by w^riting and you know moreover 
 that I have never taken any offence to Avhatever you have told me. 
 I have not been able yet to va'ite about my exchange for want of 
 time but I hope to be able to do it soon ; it may be for me I dare 
 say a bad thing to do, but if you remember what I have told you 
 about my Brother I may be perhaps justified." 
 
 NoAV, at this time, having the prospect of going to India before 
 him, he moves again in the matter of his will, and he writes to 
 ]\Ir. Slaughter, whom he had communicated wdtli before on the 
 subject, about it. " My Dear Sir You will remember, I dare say, 
 that some time ago I told you of my intention of making some 
 arrangements in regard to my property. Before I tell you what 
 these intentions are, I wish to know from you how I am situated. 
 If I understand I am entitled to the whole of the Doughty property 
 and estate after paying out of them the different sums Avith which 
 
 L
 
 ( 146 ) 
 
 they were cliarged in tlie last settlement, I will tliank you therefore 
 to let me know clearly what amount of property I should have 
 a right to dispose of by will." That letter is dated 1st of February, 
 1851, and is too well written to be his own; the language is that 
 of Mr. Gosford, to whom when at Upton, on his recent visit, he 
 had communicated his desire to know how he stood, and what 
 were his rights and powers with reference to the disposition of 
 the property either by deed or will ; and Mr. Gosford, although he 
 loiCAV and understood the position of things, very properly said : 
 " I Avould rather you asked Mr. Slaughter who knows all about it ; 
 he is one of the solicitors who assisted in di-awing up those settle- 
 ments ; you had better apply to him," — not taking upon himself the 
 responsibility of advising ; and then Mr. Gosford went on to dictate 
 this letter, which as soon as he had got back Roger sat down and 
 wrote to Mr. Slaughter. On the 4th of February, Roger writes to 
 Mr, Gosford and tells him he had arrived at Cahir on Thursday, 
 the 30th ; and further says, " One of my first occupations on arriving 
 at Cahir was to write to Mr. Slaughter about Avhat I told you 
 I intended to do the last time I saw you at Upton. I Avi-ote him the 
 letter Avhich I wrote in my room before you. I feel rather anxious 
 to settle that business as soon as possible. I hope that Mr. Slaughter 
 won't Avait long to Avrite to me." Next day he gets a letter from 
 Mr. Slaughter, in which Mr. Slaughter explains to him, in the 
 clearest and most intelligible form, what his rights were with respect 
 to this property. 
 
 Gentlemen, a question will arise by-and-by, and it is one of the 
 most important questions in this cause, namely, Avhether the defen- 
 dant has exhibited a knowledge of the disposition of the property 
 made by Roger, or a complete and total ignorance respecting it. It 
 has been sought to explain the ignorance which he has manifested by 
 sa}dng, " Why, Roger himself never understood what he was about 
 either in the settlement to which he Avas a party or in the Avill Avhich 
 he after Avards signed ; he Avas the mere creature and instrument of 
 other people." No doubt if that was the case, and Roger did not 
 thoroughly understand Avhat he Avas doing, the ansAver is a good one. 
 But if, on the other hand, you are satisfied that Roger did thoroughly 
 understand Avhat he was doing, then this would be a circumstance in 
 the case which Avould press, as it strikes me, very heavily on the 
 defendant. It all turns on Avhether Roger did understand the 
 testamentary proAasions he was making, the nature and extent of the 
 property, and Avhat he Avas doing by his aa^IU. It is not necessary, I 
 think, to read the whole letter to you. Mr. Slaughter points out to 
 him that the Doughty estate by the settlement executed in the pre- 
 vious May, Avas made liable to certain charges. Those charges I 
 have already told you of: there Avas the one to Miss Doughty of
 
 ( 1^7 ) 
 
 8,000/.; there was the 10,000/. which Sir Edward Doughty is em- 
 powered by the settlement of 1850 to charge on the estate ; and then 
 there is the 100,000/. to be raised for liberating the Tichbornc 
 estates from the incumbrances already existing and for increasing 
 those estates ; and then he says - for this is shortly what it comes to 
 " Subject to this sum of 118,000/. and to certain annuities still pay- 
 able under the will of Miss Doughty, amounting to about 600/. per 
 annum, and to the contingency of Lady Doughty surviving her 
 husband and taking her jointm-e, the Avhole of the Doughty estates 
 in the counties of Middlesex, Lincoln, Buckingham, and Surrey, are 
 limited to you in fee, that is to say, are at your own absolute dis- 
 posal. And the Upton property is also in like manner limited to 
 you, absolutely, subject to a mortgage debt of 13,700/. charged 
 thereon in favour of Captain Gardnor. Although you do not come 
 into possession of the several estates until after the deaths of Sir 
 Edward Doughty and Mr. Tichborne, it is now competent to you to 
 dispose by will of your reversion in these estates in any way you may 
 think proper." These things having been thoroughly explained to him, 
 he is told what the incumbrance upon the Tichborne estate, Avhich is 
 to be cleared off, consists of, which it is unnecessary to read again, 
 and then Slaughter tells him that "the residue of the 100,000/., viz., 
 36,426/., is directed to be laid out in the purchase of lands, &c., to 
 be settled to the same uses as those declared of the several pro- 
 perties released from the charges thereon by the application of this 
 money." Then he tells him, " Under this arrangement, in the event 
 of your own and your brother's death without leaving male issue, 
 and of your father having no other son, the absolute reversion of 
 these properties and of the 100,000/. applicable in reference to them 
 would devolve to yourself, and as such would be disposable by Avill." 
 This very explicit and intelligible account of the matter having 
 been given him, the thing is again allowed to sleep for a certain 
 time, to be resumed at a later period. 
 
 Gentlemen, you have remarked the reference to a conversation 
 between Lady Doughty and Roger when last at LTpton in the letter 
 written on his return to his regiment. Lady Doughty, in answer, 
 writes him a remarkable letter. It shows how her mind vacillated to 
 and fro, sometimes feeling disposed to allow these young people to 
 marry, and at other times setting herself strongly against it ; yet still 
 not positively saj-ing it should not be, and using his affection for her 
 daughter as a sort of lever to move him and prevent his going to 
 India, and to keep him in the right path as to his habits : " My 
 dearest Roger, — I have much wished for a quiet moment to sit 
 doAvn & answer your private letter which you so kindly invite me to 
 answer openly & sincerely by the assurance Avhich indeed I have 
 well experienced that you have never taken offence at anything I 
 
 L 2
 
 ( 148 ) 
 
 liave said or written to yon, for this I thank you, & again assure 
 you that it is from the warmest affection & sincerest friendship I 
 have spoken to you as I have done. I cannot see you throwing life 
 away & running heedlessly perhaps to eternal misery without the 
 strongest efforts to rouse you to see your real position & the bless- 
 ings God would shower down on you if you woidd not throw them 
 away. Examine well your Avish to go to India & you Avill see it 
 originally arose from the unfortunate circumstances in which you 
 were placed in early life & therefore that India being so very remote 
 had to yovu" imagination dreams of happiness. This was very 
 natural, & without a friend your thoughts became concentrated & 
 thrown back upon yourself & hence imperceptibly you acquired 
 intense reserve in which also you placed happiness & afterwards you 
 flew to the reading bad books to finish the knowledge of life which 
 j)rematurely you were acquiring before your judgment was formed. 
 This familiarising your mind with vice weakened by degrees your 
 Religious principles & when Passions began principles were too 
 weakened to stand the test. ISTow all this has given you a false idea 
 of life. You think abstractedly that you do not love Vice, that 
 Honour without religion is sufficient, but you deceive yourself, you 
 know what your duty is too well to feel happy in this state, hence 
 dear Roger in reality tho' despising the Vice yet you fly to drink to 
 drown your thoughts, instead of to your Creator who in His power 
 could support you, & you delude yourself into thinking you do not 
 feel drink when alas it is ageing you visibly & must in time impair 
 every noble feeling of head & heart. Your present isolated position 
 most deeply I regret because again thrown out of Society this in- 
 clination is fostered fr-om not having other sensible amusements & 
 varied society, but this cannot last many months ; would it not even 
 be possible to exchange to another Regiment without going to India 
 where for years if not for ever you throw yourself from friends & the 
 possibility of better motives guiding your actions." Next comes a 
 matter relating to the attachment. " I did certainly put a question 
 to you on that at least to me most unhappy morning when we parted 
 arising from our conversation the night before & wishing to ascertain 
 if any thoughts of a future home could arrest your headlong course, 
 but in return to your question " — he had evidently put some question 
 to her relative to her daughter — " I ask you to i*eflect & think if a 
 Parent could be justified (even supposing the almost insurmountable 
 objection of such near relationship coidd be set aside) in encouraging 
 the affection of a person to their child who lives in determined oppo- 
 sition to the practice of the Religion they know to be true, who 
 defies Almighty God even in His holy Temple by not praying, or 
 even reading other works, at the same time that they determinedly 
 shut their hearts & ears against any inspiration of Grace and drown
 
 ( l-i9 ) 
 
 thoughts of the future in drink & offend Ahnighty God by profane 
 language, &c. &c." — All this you will find presently he indignantly 
 denies. — " Could a young innocent being full of religious feeling be 
 encouraged to risk her happiness in this life & possibly in the next 
 by being united to such a man ? No a parent would be a traitor to 
 their child who could give such encouragement. Still dear Roger I 
 am fully aware these arc you Avould say" — now she is putting his 
 argument — " you would say ' bad habits but not iTnconquerable if I 
 had the motive of strong attachment to induce me to try and lead a 
 steady life ;' very true it would be a very strong motive, but without 
 the higher one of endeavomnng to serve God, the other motives alone 
 would probably not last after you had attained your object. Yet I 
 do most firmly believe that if you could once give your entire con- 
 fidence & go to Confession to one who beside piety had experience 
 and good sense to be guide & fi'iend to you, you would feel a calm 
 of soul & peace of mind which would then enable you to judge of 
 your real dispositions & views for the future. I do not expect & 
 never did that the control and monotony of the Military life in time 
 of peace would long suit you, but it is present emplo^onent, & ere 
 many years pass it is in the course of nature you must possess a fine 
 fortune & may find daily amusement as well as employment in it. 
 If you could make up your mind to many a sensible affec"'^ person 
 you Avould find the calm & true happiness of a home, the habits 
 and duties of which if undertaken from good motives draws down the 
 blessings of God to support Trials which more or less in this world 
 must occur, but there is a haj^piness in fulfilling ones duties which 
 no exciting but criminal pleasure can give — Alas ! you have seen 
 misery Avhich has disgusted you of the state^'' — she is referring to 
 his own home and his oa\ti father and mother — " but remember it 
 was always a mal assorti marriage, possibly not entered into Avith 
 mutual aflfection, & hence it required both Religion and temper to 
 support, but you have already seen that there are those who might 
 be in every way suited & inclined to attach themselves to you " — 
 I imagine she is referring here to her daughter; no one else 
 is suggested to whom it could apply — "this surprises you, it 
 does not me. However much you may stifle it a person may see 
 that naturally you have not only strong good sense & judgment but 
 a heart & character particularly calculated to ensure the devoted 
 attachment of a virtuous woman (& with such only Avould you ever 
 be happy) but you must give proof that you could permanently lay 
 aside bad habits; then indeed marriage would support & would be a 
 preservative from vice & give peace & happiness. Yet the affections 
 of the person to whom you allude is a sacred subject to me, she is far 
 too young even to be supposed to have formed an attachment & the 
 obstacles are far too strong for me to encourage you to look beyond
 
 ( 150 ) 
 
 the affection wliicli a Brother and Sister might have & which if 
 there never was a thought heijond would be a happiness to both. 
 No, most earnestly do I entreat you to endeavom- to see good English 
 society & judge fully of England & your future position before you 
 throw yourself for life possibly out of it. If opposed in one idea you 
 may see some person hereafter in reality more sviited to you, & that 
 this may be the case I earnestly pray — have patience now with this 
 lono- but candid letter" — It is a long letter: Avhether it is a candid 
 one is a different question — " pray write quickly to me & tell me 
 sincerely how far you will at least reflect on what I have said & be 
 assured that no one could feel more deeply interested or more 
 devotedly your friend than your attached aunt." I must say, if I 
 had been in Roger's place I should have had, as, indeed, I have had, 
 a difficulty (and I have read that letter more than once) to make out 
 what she means. AVhether she meant to tell him that if he reformed 
 his habits, and left off drinking, she would consent to his vmion with 
 her daughter; or whether she meant him to understand that he must 
 give her up and seek happiness and union in some other quarter, I 
 am sure I do not know, and it is very difficult to say. Roger writes 
 in answer: " I have not yet taken any steps toward making my ex- 
 change Avith a Cavalry Regiment in India. I shall Avait to take my 
 decisive step till the latter part of this month or the first Aveek in 
 March. The Regiment in Avhich I am in at present stands a good 
 chance of going abroad this spring. But it is next to impossible to 
 give any credit to the rumour which is going on at present, but in 
 all cases I shall wait to see where the regiment is going on leaving 
 this place. You make me a remark Avhich is very right in some 
 way. You ask me to see as much of good English society as I 
 possibly can before (as you say) throwing away my life, I thought 
 that I had answered that question Avhen I was last at Upton. I 
 have seen as much good society when I was in Dublin as I could ; 
 not that I care much about it myself, but to be able to say that I 
 have not left the world without knowing it, and that I have seen as 
 much of it as I Avas able. I have just read your letter over and I 
 cannot help remarking a passage Avliich I saAv in it about my Avish to 
 go to India. You have perhaps forgotten that my first Avish to get 
 into the army was to get into the East India Company's service. 
 My Father objecting to it and my being under age prevented me 
 fi'om going and obliged to keep quiet until I was able to go. I then 
 entered the English service with the intention of learning my duty 
 and then exchanging into a Cavalry Regiment abroad — So you see 
 that that idea is not new, that I have thought long about it. But at 
 the same time I shall be sorry to leave my present Regiment because I 
 don't think that I shall be able to find a Regiment Anth such a 
 selection of Gentlemen as there are in this one." Well, you knoAV
 
 ( 151 ) 
 
 tliey used to play tricks upon him — those practical jokes which one 
 regrets to find existed to such an extent, and which, I hope, exist no 
 longer; but he took it goodnaturedly, and all the officers, though 
 they did play him tricks, were fond of him, and looked upon him as 
 an amiable, inoffensive young man, and he seems to have returned 
 the feeling very kindly, and says, " I don't think that I shall be able 
 to find a Regiment with such a selection of gentlemen as there are in 
 this one. I don't think it at all easy. But in all cases My Dear 
 Aimt it matters very little if I go or remain. In my dispositions 
 and manner it is quite impossible for me to think of marrying and 
 settling in life." Now Avhat could he possibly mean by that? We know 
 perfectly Avell if there was a feeling that animated his whole being, 
 it was the passion he had conceived for his cousin, and his wish to 
 marry her. I suppose it was intended as an answer to the sugges- 
 tion of Lady Doughty. It may be taken either in this Avay, " You 
 will not teU me that I am at liberty to pay attention to my cousin in 
 the expectation of afterwards marrying her ; my answer to you is, I 
 do not want it ; I do not intend to marry," — more or less a foolish 
 sort of bravado; or he may have intended to say, " You advise me 
 to find a Avife somewhere else and to marry, but my answer is, if I 
 am to look elsewhere I do not want to marry" — He continues, " It 
 is quite impossible for me to think of manying and settling in life. 
 I might meet persons in the world for whom I should Avish to form 
 some kind of attachment, but no Lady would form one for me. But 
 supposing even so that it might be possible, I never would on any 
 account Avhatever be the cause of a person regretting afterAvards that 
 attachment which she could have formed for me, and by those means 
 having her existence made unhappy on my account, so My Dear 
 Aunt I'll sooner be anything which you like to call me but it will 
 never be said that I have been the cause in any way of a person 
 being unhappy on my account. I knoAv well enough that I am very 
 liable to form some attachments in the Avorld but I keep aAvay from 
 it because my intention being of not marrying, it is much better for 
 me that I should not form any. Marrying is certainly one of the 
 greatest blessings of God in this world, but it is so very seldom that 
 tAvo persons agree Avell together — a man may be most anxious to 
 make another's happiness, and she may not care for him. ISIarriage 
 is (if I may use the word) quite a Lotery" — Avhich he spells Avith 
 one " t." — " You ask me to go to Confession to a Priest Avho Avould 
 be a friend and guide to me. I don't knoAv the Priests in this place, 
 they are certainly very respectable persons but I doubt if they have 
 enough knoAvledge of the Avorld to be a young man's guide, besides 
 that I have rather enough of the Irish Avay of Confessing without 
 trying it again. I have I belicA^e said in my two last letters as also 
 in the conversation Avhich I had Avith you at Upton as much about
 
 ( 152 ) 
 
 my plans as I possibly could. I have said Avliat I intended to do 
 for my Brother. I don't think that you may think me very reserved 
 after what I have said in this letter. But I have forgotten to men- 
 tion something — it is that I am quite of your opinion, for parents 
 would be to blame if they encouraged an affection between a young 
 person and a man who drinks and swears and has not as much 
 Keligion as would be wished undoubtly repent of it afterwards" — 
 there is some confusion in the composition there — " But before I 
 conclude I must say that I don't drink so much as you think, and 
 even so I don't drink so much now as I use to do formerly and, 
 besides that, in the moral point of view I am very steady, it is per- 
 haps surprising but it is the truth; and moreover I don't read pro- 
 fane Books in Capel" — this is in answer to what she had said — 
 " and moreover I never frequent lose Society" — " loose" spelt " lose" 
 — " I know Avell enough that I am more than anything else of a 
 shame to my Religion but I have always stood by what I believe 
 to be the truth, and backed it against any body. Now My Dear 
 Aunt I must conclude by assuring you that I shall always find my- 
 self happy Avhen I may be of any use to my family and in some 
 future times should you require my services I should be but too 
 happy to do anything to oblige you because you have always been 
 kind to me and in some years hence when I shall be most likely be 
 behond the seas" — he writes "behond" for "beyond" — "If I should 
 hear that I coidd do something to oblige your Daughter I should 
 find myself but too happy to do it in any way which I had in my 
 power — I must now finish by assuring you that I am fond of my 
 profession — I don't wash to leave it I am young and wish to see as 
 much of Military life as I can, and of active service during the time 
 that I intend to spend in the Army — If this Regiment was ordered 
 to go abroad as the 10"" Hussars no body would be allowed to sell or 
 exchange but obliged to go out with it. I don't suppose that you 
 Avill hear from me in this Private way for some time because I have 
 said I believe all what I could possibly say." 
 
 Business mingles itself with romance, and now comes a letter to 
 Mr. Hopkins of the 2nd of March : " I am sorry at not having been 
 able to anwer your last letter sooner, I have had of late so much to 
 do that I had but little time left me to think about serious matters. 
 I am very sorry that I had the misfortune to lose the letter Avhich 
 you wrote me about a month ago as that prevents me from under- 
 standing very clearly if the 1,250/. which you mention in your last 
 letter is the money which has been borrowed to purchase my Lieu- 
 tenancy or for some other purposes. I should feel much obliged if 
 you had the kindness to write to give me a ftdl explanation about it 
 I am very sorry to give you so much trouble about it. I fully in- 
 tended to call on you when I passed last through London but un-
 
 fortunately I had no time I ■vvas A'eiy anxious to sec you to be alVle 
 to talk about all that business, a person can do so much more by 
 word of mouth than by Avriting." Gentlemen, I read these letters 
 on matters of business, not as having a direct bearing on the main 
 question in the cause, but because it is desirable that you should be 
 able to form a judgment for yourselves how far Roger was really a 
 man of business or not. On the 12th he Avi-ites again to Mr. Gos- 
 ford, and in that letter he says, " I have received letters from my 
 parents mentioning that they had seen or heard some where or other 
 that my regiment was likely to go to India, and telling me moreover 
 that they never would give their consent to my going abroad. I had 
 the very same objections made to me when I first wished to enter the 
 army. My Mother is telling me that she would die of sorrow if 
 I am going. That is all nonsense ; my Father & Mother have 
 never been so happy and enjoyed such a peace of mind as they have 
 done since I have left their house. But I don't inttend at the same 
 time saying anything about it till the moment for me to exchange 
 comes. I have made up my mind to it, and I am only waiting for 
 an opportunity, which is I am sorry to say rather long to come." 
 He refers there to his father and mother having become more at 
 peace and happier since he left, but we must not from that imply 
 that he purposely did anything to aggravate their domestic discord. 
 What I understand the meaning to be is simply this, that inasmuch 
 as his father saAV what was necessary for his proper training and 
 bringing up, and the mother constantly from her ill-guided, ill-judg- 
 ing mind, sought to have a different course followed, he was a 
 fr-equent cause of discord between them, Avhich of course would no 
 longer exist when he was removed beyond their domestic sphere. 
 That is what I understand him to mean. One thing is plain from 
 his letters, and from every act of his life which at all formed the 
 subject of the father and mother's wishes, namely that it was his firm 
 determination to act for himself, according to his OAvn view of what 
 was best for himself. Other young men Avould have naturally said 
 at that age, " If my father and mother are so anxious that I should 
 not go to India, I will not do so," or at all events, woidd have felt the 
 greatest possible indisposition to go counter to them. At least they 
 would have done Avhat they could to mitigate any aversion their 
 parents had to the course which it was proposed to pvu'sue. Not so 
 Avith Roger ; with a most determined, inflexible will of his own, 
 neither father nor mother, nor any one else had the slightest influ- 
 ence upon him in forming his resolution, still less in altering his 
 resolution Avhen once it had been formed. 
 
 At this time he again puts himself in communication with 
 Mr. Slaughter, and says, " I must apologize for having been so long 
 in answering your last letter. It has taken me, I must say, much
 
 ( 154 ) 
 
 longer than I thought at first to make up ultimatly my mhid " — 
 " Ultimately " he spells as he does " fortunately," omitting the " e " 
 — " I am in hopes of going before long to India for some years, but 
 before going I feel anxious to make some settlements about the 
 Doughty property. I wish to make those settlements before going, 
 because it is quite impossible to say what may happen to myself in 
 that part of the world in the course of a few years. As I am at a 
 loss to know how to proceed to make those settlements, I should feel 
 much obliged if you had the kindness to let me know at } our earliest 
 convenience the most advisable Avay for me how to proceed to make 
 those settlements. I wish this business to be kept as private and 
 secret as possible, and that nobody whatever should hear a word 
 about it." 
 
 This brings us to the month of April. On the 8th of April the 
 troop to which he had at this time become attached, namely the 
 A troop, under the command of Captain Polhill-Turner, was ordered 
 to proceed on detachment to Clonmel. As I have already said, it 
 does not appear clearly to Avhat troop, on the troop to which he 
 originally belonged, namely Captain Jocelyn's, being sent to Lime- 
 rick, Roger became attached, but he was transferred to Captain 
 Polhill-Turner's ti'oop before that troop went to Clonmel. I mention 
 this, because in the cross-examination of tlie defendant, he is asked 
 as to the troop he first went into, and the troop to which he was 
 afterwards attached, and in which he got his lieutenancy, and so on : 
 I therefore call attention, in passing, to the facts with reference to 
 this matter. He whites from Clonmel on the 12th of April to 
 Mr. Gosford. It seems that Mr. James Tichborne, the father, had 
 written to INIr, Gosford or to Roger, suggesting that Roger should 
 endeavour to get married to some young lady whom Mr. Tichborne 
 mentioned. According to Mr. Gosford, who knew the young lady 
 who was referred to, Mr. Tichborne knew very little of her, and 
 Roger still less. It was merely a passing suggestion. Roger says : 
 " I was, as you may fancy, wonderfully surprised at my Father's 
 letter. I read it, I am sure, several times over to be sure that I was 
 not deceiving myself. I cannot think what put such an idea into his 
 head. I don't know if he knows the person, in fact it seems to me 
 very strange altogether. I suppose that you may perhaps hear some- 
 thing more about it, if you do I should feel much obliged if you had 
 the khidness to let me know. You may be certain that nobody will 
 ever hear a word from me." Then he says, " I have received not 
 long ago a letter from Mr. Slaughter in answer to mine, I see quite 
 plain by what he sais that it wiU be a long business to settle the 
 Doughty property as I wish, the present deeds which I Avill in all 
 probability be obliged to sign, almost fi-ighten me out of it altogether. 
 I also received, as a matter of course, at the same time as yours, a
 
 ( 155 ) 
 
 letter from Mr. Hopkins. I have not had time yet to answer it, but 
 I intend doing so as soon as I can." 
 
 On the 17th of April he writes to Mr. Gosford to say he has at 
 last found an officer in a light cavalry regiment in India who is 
 willing to exchange into one at home ; " I shall write to-morrow to 
 get what information I want about it, then if I like it I shall send 
 in my papers at once for exchanging. I expect a great blow-up from 
 my family, but in all cases it won't be worse than the one I had to 
 stand when I first said that I wished to enter the army." A disturb- 
 ance of this sort does not seem to make any deep impression on his 
 mind. He next writes to his aunt on the 20th, " Not receiving any 
 letter from you in answer to mine I suppose that yoiu* time is so 
 much taken up as not to allow you to write letters. I have been 
 to-day busy all the afternoon putting all my papers to right, and 
 reading most of my old letters. I found amongst my papers a scrap 
 of paper Avhich you had written me with a pencil. I had at first 
 some difficidties in making it out but at last I was able to make it out 
 so well that I took a copy of it. It reminds me of gone-by days which 
 are never to come back again. It gives me pleasure to think about 
 those days when I find myself quite alone in my room, I shall keep 
 that paper with the copy. I have no doubt my dear Aunt, that you 
 must be rather tired of my private letters, it is not my intention to 
 trouble you any more with them. I have all the letters which you 
 wrote me since I left Tichborne. I read them sometimes over Avith 
 pleasure. It may in some way sm-prize you but it is nevertheless the 
 fact." She writes to him in ansAver on the 24th : the first part of 
 the letter is mere gossip, and I pass it by ; but then comes this 
 passage : " Noav dearest Koger, I see perfectly by your private letter 
 the depressed lonely feel you had when you wrote, I wish you had 
 enclosed me the bit of my writing to which you referred — I never can 
 forget the many conversations Ave liaA^e had and belieA^e me I am as 
 fondly interested for you as eva — never then think you can tire me 
 by Avi'iting, and Avould to HeaA^en that my poor prayers and iho^zfar 
 more ivorthy ones that I have daily said in various places for you, 
 may snatch your soul in despite oi yourself , from the dangerous path 
 in which it is going, for there is the error dear Roger, you do not look 
 where alone Ave can hope for comfort or real happiness in this life — 
 I see the date of your letter is the 20"", alone and sorrowful in your 
 room, AA'hen as a Christian we ought to feel joy on that Glorious 
 day Easter Smiday, AAdien our Redemption Avas completed, but 
 instead of preaching, I must send you this emblem..'''' Then she 
 sends him some religious picture, and says to him : " it so far more 
 beautifidly expresses what I want and Avish to say, than I could 
 by any Avords of mine— but I shall continue to implore Our 
 Blessed Lady to take you under her protection, thro' the dangers
 
 ( 156 ) 
 
 yon rim. Till your mind and conscieiice are at ease, you cau not judge 
 of" life as you should, virtue and vice must be confounded in your eyes 
 — and you neither see the career you are placed in or the happiness 
 you might look for in its true light— you have your trials like we all 
 must have — but conformity with the will of God smoothes our path." 
 XoAV comes a remark upon Avliich so much stress has been laid and 
 which has been the ground of so much observation: " Did you put a 
 withered leaf in your letter ? was it an emblem of yom^self ? if so 
 throw it aside, look to the bright green leaves now opening around 
 us in spring and say I will not be the withered leaf, but resisting 
 every inclination to drown care and shorten my days turn to the 
 blessings and graces God has yet in store for me if I ask for them 
 & follow His directions ! Truly do I hope you may be restored to 
 the Church this Easter if in the proper disposition, otherwise do not 
 profane the Sacraments, let me hear very very soon again, and with 
 kindest love from your Uncle, believe me your really attached friend 
 and aunt." Gentlemen, I pass the mthered leaf by. It has been 
 strenuously urged upon you with the supposed mysterious and hidden 
 meaning that we shall have to consider by-and-by ; and I must say 
 to my mind it ought never to be forgotten as one of the curiosities of 
 forensic oratory; but for the present Ave Avill pass it by reserving it 
 for future consideration. Then he sends her back the scrap of paper 
 or whatever it is. 
 
 Next comes a matter which has been introduced by the defendant 
 in his history of his military career in connection Avith Captain 
 Polhill-Tvu-ner ; namely, some confusion Avhich Captain Polhill- 
 Turner is said by him to have got into at an inspection by some 
 general AA'ho came to inspect the regiment. I have pointed out to 
 you that in 1850 there Avere two inspections at Cahir. There appears 
 also to have been an inspection of the one troop at Clonmel. " We 
 have had," Roger says, AATiting to hisaimt on the 15th of May, " the 
 inspection at the beginning of this week. The general commanding 
 the district came last Tuesday to inspect the Clonmel garrison. It 
 Avas rather a pretty sight to see nearly the Avhole of an Infantry 
 Regiment, a Battery of Artillery, and a Troop of Cavalry draAvn up 
 all together in the large Barrack Square, looked very Avell especially 
 by a fine summer's morning." Then he makes use of the very 
 irreverent expression, " We are very glad that the inspection is over 
 because we won't see a cocked hat again for six months to come." 
 Then he says, " There is a common report going on that a fortnight's 
 leave avlU be given to each officer to go and see the exhibition. I 
 only hope that the report may prove to be true (Avhich I doubt very 
 much)." You see he speaks of tAvo inspections ; the one at Cahir in 
 May, 1850, and the other at Clonmel in May, 1851. At the former 
 he says the general was extremely Avell pleased at the Avay the regi-
 
 ( 1.57 ) 
 
 ment performed its different evolutions. In this, he says nothing-, 
 except that they looked very well; and he makes no observation 
 Avhatever which would bear out the statement of the defendant. 
 AVith regard to the inspection in October, 1850, I find no reference 
 Avhatever to that in his letters. It is just possible that there may 
 have been some incident such as the defendant has spoken of as 
 occurring on the latter occasion. That Ave shall have to consider 
 more fully hereafter.. 
 
 In a letter from Lady Doughty of the 23rd of May, she acknoAv- 
 ledges the receipt of his pencil scrap, and then says, " Accept my 
 A'ery best thanks and if my pencil scrap was worth returning to you 
 I Avould send it Avith pleasure, for I cannot but feel gratified by your 
 kind remembrance of those months never to be forgotten by Me, that 
 you spent Avith us here. I only wish you Avould not think so despair- 
 ingly of your OAvn character, and then much that I have said to you 
 Avould have that effect AAliich I so ardently Avish for, your Avell being 
 in this and the 7iext world." Then she says, " Dear Roger, do not 
 take it unkind of me to offer one bit of advice AAdien you come OA^er, 
 do pray be more particular about your dress & cleanly appearance in 
 the morning. I cannot bear to hear reflection upon you from those 
 Avho have casually seen you — You really should be more particular — 
 I knoAV yon despise the opinions of the world, but indeed you OAve it 
 both to your family and even Regiment you are in, to appear nice and 
 cleanly at all times, noAv dont be vexed with your best friend for 
 writing tins to you. We have Avritten to invite your Father & 
 Mother here in July and asked to have Alfred to meet them, I can- 
 not but feel anxious till I receive the ansAver." In ansAver to this he 
 sent a furious letter, dated the 26tli of May : " My Dear Aunt, I had 
 the pleasure of receiving your last letter this morning. I nearly guess 
 Avho is the person Avho has the kindness to make those remarks about 
 my dress is the same Avho last year tried to make you believe as also 
 to Lady Dormer that I tried to corrupt John Dormer's character and 
 that I tried besides that to lead him into bad places. But in all cases 
 by scA^eral things AA'hich have come to my mind since the recei])t of 
 your letter I am sure that I am not far from the truth, Avlicn I think 
 of one person among others. But of co?<r5e I cannot name." Then 
 there is a postscript: "Don't think that I am in the least vexed 
 against you. You may rest assured that I shall find out the person 
 some Avay or another, Ave may then haA'c a little roAv, but I don't care 
 about it." Lady Doughty ansAvers by saying, " If you attempt to fix 
 upon any one person Avhat I last told you, you Avill do a great injustice 
 to some one, for they Avere the combined remarks of several persons 
 upon your appearance at different times, and Avith regard to Avhat 
 you had been accused of Avith regard to J. D. it Avas named Avith 
 great delicacy to me, by a person Avho thought I must have heard of
 
 ( 158 ) 
 
 it (wliich as it happened I liad not), and Avho having satisfied them- 
 selves it was NOT true, thought it best to tell me this conviction, 
 & you would do most zmwisely to name the subject to any one. When 
 I opened your letter I expected very different contents — Alas ! my 
 Roger, your very writing shows me too truly how you are going on, 
 but write again and tell me as I hear the leaves are given whether 
 vou intend comins; over or not ? & be assured that a better friend or 
 kinder Aunt you will never find." She writes to him again and says, 
 " On the 16"' of July there is to be the opening of St. Staplehill 
 Church, and we shall have the Bishop and a party here for it. The 
 chief object of my letter to day is to entreat you wall let us know if 
 the report of your Regiment being sent immediately to the Cape, as 
 mentioned in yesterday's paper, is true or not, and if so, Avhen does it 
 go, and shall we see you before. I need not dear Roger repeat all 
 the deep regret of your Uncle and myself, you knoio it ivell, for to 
 have seen you settled & the happy heir of our family in our lifetime 
 would have been our greatest haj)piness. I can say no more, than I 
 have often done to you — Pray now AATite quickly — your uncle sends 
 his kind love — he continues gradually failing — God bless you — Ever 
 your affec^** Aunt avIio Avould fondly know at least, that your soul 
 Avas well prepared for the possibility of going before God in a CalFer 
 Avarfare." Well, he gets leave, and Avrites accordingly; and then 
 Lady Doughty writes him a letter Avhich it is very plain he does not 
 like. She says : " I received your letter last night, and am very 
 glad for your sake that you liaAX got leave & Avill enjoy the delight of 
 seeing the Crystal Palace — I shall be glad to hear fi'om you to say if 
 you can spend a few days AAdth us, for I conclude you have only a 
 short leave. I am sorry to say the Avhole of next week I have not a 
 room to give you, as Ave have a large party of Bishops and priests 
 here then for the opening of the Church at Staplehill, but except 
 from Monday to Saturday next week Ave shall be happy to see you if 
 you can spare a fcAV days." He writes to Gosford to say he does not 
 knoAv whether he shall be able to go to Upton at all. He Avas evi- 
 dently vexed at finding himself postponed to the bishops and priests. 
 HoAvever, it ends, afler he has been to London to see the Exhibition, 
 in his going to Upton, where Sir EdAvard, Lady, and Miss Doughty 
 had gone, on the occasion of the opening of this church, to receive 
 the different ecclesiastics avIio Avere to take part in the ceremony. 
 On the 11th of July we find him still in London. After that he 
 goes to Upton, and stays there a fcAv days, and then returns to his 
 regiment. He goes back to Clonmel ; but I should tell you that in 
 the meantime, Avhile Roger Avas aAvay on leave, the ti'oop to Avliich he 
 Avas attached. Captain Polhill- Turner's troop, Avas ordered to Water- 
 ford, and left Clonmel ; but for some regimental reason not explained, 
 Avhen Roger returned from leave, instead of joining the ti-oop at Water-
 
 ( 159 ) 
 
 ford, he remained with the troop which had taken the place of Captain 
 Polliill-Turner's troop at Clonmel, and which was the G troop, 
 Captain Moreton's troop ; so that at this time, instead of joining his 
 own troop at Waterford he became attached to Captain Moreton's 
 troop at Clonmel. There is at page 1163 a Horse Guards' paper 
 which says : " The troop to which he Avas attached marched 
 on the 17*'' July, 1851, from Clonmel to Waterford, but he appears 
 to have remained at Clonmel with the troop that arrived there from 
 Cahir until October, Avhcn he rejoined his former troop at Waterford." 
 He got back to Clonmel on the 29th July, as appears from this letter, 
 and therefore he covdd not have been at the Brighton races in that 
 year, because he could not have come back to England for the sake 
 of the Brighton races, and if he had been disposed to go back for the 
 sake of the Brighton races, he could not have done so without leave ; 
 and having just at that time had his fortnight's leave, — on account of 
 the Exhibition, which it was thought right the officers should see, — it 
 was not at all likely he could get fi-esh leave. When we come to the 
 question of the Brighton card case, you will be so good as to bear 
 this in mind. He was back again, according to his own statement, 
 at Clonmel on the 29th ; for writing on the 30th July to Mr. Gosford, 
 he says: "I arrived in this beautifid town last night at 12 o'clock 
 after a very tolerable journey." Now, it seems there had been going 
 on at Upton what he did not at all like. There was company stay- 
 ing in the house, and, amongst others, there seems to have been one 
 young gentleman, if not more, avIio paid considerable attention to 
 Miss Doughty, and he took it into his head that the attentions thus 
 offered to that young lady were favourably received, and felt that he 
 was thrown into the shade whilst some more brilliant admirer was 
 making his way into her good graces. He writes thus: — " I spend" 
 — for spent — " as you know, few days at Upton with my uncle and 
 Lady Doughty. I told Lady Doughty the day of my arrival that it 
 was fully my intention to go abroad with my regiment. It appeared 
 to me since that day that she had something on her mind which she 
 wanted to disclose in a private Avay to another person" — he means 
 his cousin— "but there Avas a kind of fear which kept her silent. 
 For my part I avoided all kind of private conversation that might in 
 some degree have displeased her. I have no doubt that you being in 
 her confidence you will sooner or later hear all about it. They were 
 several persons at Upton during the time I was there, among others 
 the son of Lord Lovat. I don't think that I am far mistaken if 
 toAvards the latter part of next year or the beginning of 1853 you 
 don't see in the neAvspaper, in the column AAdiich is reserved for 
 marriages in high life, the marriage of Lord Lovat and M. D." — 
 Miss Doughty — " Don't say a word of Avhat I have said to any living 
 soul because it would put me still more on bad terms with my family
 
 ( ICO ) 
 
 than I am at present. What I have just mentioned" — then comes a 
 mistake in grammar Avhich certainly startles one — " What I have 
 just mentioned strucked me the very first day of his arrival and I 
 became more and more certain about it as I Avent on with my 
 observations. I have no doubt that with what I have said and what 
 you may observe you may fish up a good deal. Walter Strickland 
 is in great favor at present, I don't know how long it will last. Lady 
 Doughty has I believe been disappointed about me, you may perhaps 
 know why, I had only time to find it out partly. If I had remained 
 longer I should have made a point of finding it out. I may perhaps 
 find it out yet, there is no knowing. I should feel much obliged if 
 you burned this letter as soon as you had read it, because you might 
 perhaps leave it about and somebody see it for w4iich I would be 
 very soiTy." Now we know fi-om Lady RadclifFe that even at this 
 period (the middle of 1851) she had begun to feel a tender inclina- 
 tion toAvards Roger, of Avhose attentions to her at that time she must 
 have been perfectly aware; but, you know, young ladies will some- 
 times — even though there is a favoured lover, on whom they have 
 fixed their inclination — if some one else comes and pays them atten- 
 tion, indulge in a little coquetry, and sometimes, at the expense of 
 the lover who really has a place in their heart, will show something 
 in the shape of a preference to some one Avho merely pleases their 
 imagination Avithout touching their affection; and I cannot help 
 thinking that perhaps Avhen Miss Doughty saw Roger Tichborne 
 look grave and solemn Avhen the Master of Lovat made up to her, 
 she played him off a little, and, instead of undeceiving him, did just 
 the reverse; and hence the sort of expressions which Ave find in this 
 letter about having no doubt that next year, in the column of the 
 ncAvspaper AAdiich is dcA^oted to marriages in high life, her marriage 
 Avith the INIaster of LoA^at aa'ouM appear. The real truth Avas, Miss 
 Doughty at that time did not care about the Master of LoA-at, but 
 had already conceiA ed a nascent and groAving affection for her cousin 
 Roger. The thing had not struck jNIr. Gosford as it had Roger: he 
 did not think there Avas anything serious in Avhat Avas going on at 
 Upton, and he must evidently have Avritten to Roger in that vieAv. 
 Roger ansAA^ers: "I had the pleasure of receiving your last letter 
 sometime ago. I AA-as rather surprised to see by it that you had not 
 made the same observations as I did Avhen I Avas last at Upton." 
 Then he says, " I cannot make out AA'liat Lady Doughty has against 
 me, she won't ansAver any one of my letters. I should feel much 
 obliged if you had the kindness to try to find out Avliat she has 
 against me and let me knoAV. I never recei\'e any letters from Tich- 
 borne except from you and my father. I AA^as very happy to learn 
 that nothing disagreeable had taken place betAA^een my father and my 
 uncle. It ^A'ould be the greatest misfortune if quarrels Avere to take
 
 ( IGl ) 
 
 place between them at tlielr time of life." lie writes again on the 
 20tli Augnst : " I have been long expecting a letter from you which 
 Avould have given me some news of Tichborne and what is going on 
 there. I have been daily expecting to receive a letter fi-om Lady 
 Doughty. I cannot exactly make out Avhat she has to prevent her 
 from writing to me. I hope that everything goes on well betAveen 
 my father and my uncle. I received not long ago a letter from 
 Walter Strickland. He mentions that there is much company at 
 Tichborne now ; and that L. D. had been of late so much engaged 
 that she had no time to icrite a line (I only rather doubt of it). She 
 has something against me, but I cannot make out what the devil it 
 is. How is my uncle now ?" Then Lady Doughty writes to him a 
 long letter, but which does not touch at all upon any of the things 
 that were near his heart ; it only gives him an account of having 
 been at Portsmouth, and having gone over the great ships there, and 
 he is dissatisfied with this letter, and in a letter to ]Mr. Gosford he 
 says: " I .am happy to say that I have at last received a letter from 
 Lady Doughty. It is a cold, long, but very polite letter." Writing 
 to him on the 10th October, he says: "I so ver"y seldom hear fi-om 
 Tichborne that I am quite at lost" — this is the Avay he always Avrites 
 "at a loss" — "to knOAV Avhat is going on in yoiir part of the world. 
 Lady Doughty has, I believe, given me up as a bad job. I scarcely 
 ever hear from her. I heard from my Father few days ago;"— and 
 then he says: " Have you observed anything further about Avhat I 
 mentioned to you in my first letter? I cannot help thinking that 
 something or other must be afloat noAv" — alluding to Avhat he had 
 said about the Master of Lovat and Miss Doughty. Writing to his 
 aunt he says : " I must apologize for not having complied sooner 
 with the Avish Avhich you expressed in your last private note. But to 
 say the truth it had cpiite escaped my memory. I haA^e not heard 
 anything more than the common vague report about my Regiment 
 going to the Cape. I don't think that there is any chance of our 
 going abroad. As far as I am concerned I have explained myself I 
 believe clear enough the last time I had the pleasure of seeing you 
 not to tire you any more by talking over again on the same subject. 
 I don't knoAv My dear Aunt if I have offended you some Avay or 
 other; if I haA'e I beg that you may consider it quite against my 
 A\ ish or knoAAdedge. What makes me make this remark is that I have 
 ncA^er been such a long time Avithout receiA'ing any letters from you, 
 and besides that, the last one Avhich I receiA'ed contained I have no 
 doubt some very interesting accounts, but it Avas Avritten if I may use 
 the expression written in a style which is generally called cold polite- 
 ness. I hope that you Avill not be offended at my last remark, I shall 
 consider this letter as private." She Avrites on the 21st October, 
 " You certainly have reason to reproach me for silence to you 
 
 M
 
 ( lfi2 ) 
 
 tlioiigli tlie affect* interest I have felt from cliildhood for you Is ever 
 the same and makes me ever desire to see you all I coidd wish you 
 to be as much as Avhen we had our long talks together, but a variety 
 of circumstances Avhich takes up both my thoughts and time makes 
 me neglect in appearance those I love — your uncle's increasing 
 infirmities, though the last few days he is better; but his state varies 
 often and naturally requires much care & anxiety. You say in your 
 private letter ' as far as I am concerned I believe I explained myself 
 clear enough the last time at Upton &c.' Now what does this 
 mean — you were then certainly bent upon India, and now neither 
 your Reg* are going there nor do you seem to intend it yourself; so 
 that really I do not know what you mean. You mention intending 
 to hunt, and of course the middle counties of Eng*^ are the most 
 desirable for that, but it has often occurred to me how much real 
 improvement you would gain if instead you had ever thought of 
 occupying a two months leave by travelling in Europe say Italy 
 where every one seems going this year, you might see much in two 
 months & which you never would do if you Avere ordered to India : 
 now you have always heard with patience what I said, so read it, & 
 then give me your thoughts and Avrite soon to me." Then he writes 
 to Mr. Gosford and refers to the suggestion made by Lady Doughty 
 that he should travel on the Continent, and says, " I dont at all feel 
 inclined in that way as I shall most likely have quite enough 
 travelling in the course of next year to please my taste in that way." 
 Then he says, " AYhat I am looking forward to is this ; I have several 
 horses which I wish to sell, and I am as you may suppose anxious to 
 do it to the best advantage possible." — It was quite understood at 
 this time (although the order had not come) that the regiment was to 
 go to India in the spring, and therefore it was necessary to get rid of 
 his horses — " I shovdd feel rather anxious to get a little English 
 hvmting before I sold them. Lady Doughty does not, I believe, 
 wish that I should make any long stay at Tichborne because she is 
 as you know very much afi'aid of Avhat persons might or might not 
 say. It seems rather Strang " — omitting the final e in strange — 
 " especially her seeing my intention of going abroad soon." Then 
 he writes to his aunt, " We have now got to the month of November, 
 it is sometime since I knew that my Regiment was to be send to 
 India. I have I believe spoken to you often enough about my Avish 
 to go to India for some years that you must not be surprised if I 
 heard with great pleasure that the order had come at last for us to 
 prepare for Indian Ser\dce. I am much obliged at your enquiring if 
 I have any Avish. I haA^e none at present. I have folly made up 
 my mind to go abroad Avith my Regiment. I am in hopes of 
 obtaining some leave during this Avinter. I shall bring over some of 
 my horses to have a little hunting, and then I shall try to sell them
 
 ( 1G3 ) 
 
 as well as I can. Sucli are, my Dear Aunt, my plans, wliicli I hope 
 I shall be able to follow. I hope to be able this wmter to go et vous 
 faire mes adieux." She answers, " It is useless I know to tell you 
 how painful thoughts a last visit to us will have, still of course we 
 shall be happy to receive you for the part of your leave Avhich you 
 may be able to give us, & therefore when you have made your 
 arrangements you will let us know & you Avill find a welcome and 
 your little rooms prepared." The next letter to Mr. Vincent 
 Gosford shows what this man's mind was, and how resolute his will 
 Avhen he had once decided on anything. " I should feel much obliged 
 if you had the kindness to inquire at Alresford or at Cheriton how 
 much stabling for two hunters would come to if I took those stables 
 for a fortnight or three Aveeks. I intend to apply for leave from the 
 15"' of December to the 15"' of February. If I can make some 
 kind of arrangement with you about stables I shall scud my horses 
 about a week before I leave this place to have them quite fi-esh and 
 fit for work. I don't think that I shall be able to spend more than a 
 week or ten days at Tichbome because I shall have so much to do ; 
 the sale of one of my chargers and all the alterations which I must 
 make in my uniform will keep me some time in London ; all that, 
 Avith my going to Paris, Avill leave me very little time to enjoy myself. 
 I expect much bloAving up Avhen I go to Paris" — that is from his 
 father and mother. " I intend to stand some of it, but if it comes 
 too strong I shall go away at once. I am not going to remain to 
 have the pleasure of being scolded all day ; that won't do, it does not 
 pay. You must let me hear from you soon to let me knoAv about the 
 stabling, as also if I can send you some of my things to keep for me. 
 I have heard several times fi-om Lady Doughty ; she does not give 
 me any particular ncAvs, except that the first AVinchester ball is to 
 take place this Aveek. Her letters are certainly very kind, but there 
 is a kind of coldness Avliich I never remarked before last summer. 
 What is the cause of it I partly see, but being far away I cannot say 
 to any certainty. You most likely knoAV it by this time very Avell. 
 If you have made some observations, I should be much obliged if 
 you let me knoAv them;" and so on. He Avrites on the 29th of 
 November to Mr. Gosford, again telling him that he is coming over, 
 and then he asks him to come and meet him at Bath. " I Avish, if 
 you had nothing A^ery particular to do, you could come and spend a 
 day A\'itli me in the toAvn of old maids, because as I am going to 
 London, Avhere I shall remain a fcAv days before going to Tichborne, 
 I might then speak Avitli you on different things Avhich Avould be 
 advisable for me to settle Avith ]\lr. Slaughter Avlien I shall be in 
 London. I have been at last obliged to mention to my father my 
 intention of going abroad. He wrote a pressing letter to know if 
 Avhat the papers said about our being light dragoons Avas true, I Avas 
 
 M 2^
 
 borne 
 
 Miss Doughty, 
 
 ( 164 ) 
 
 obliged to answer that it was, and moreover that it Avas my wish to 
 go abroad with my regiment. I have no donbt that you Avill soon 
 hear all about it." 
 
 Visit to Tich- Wc are now about to enter on a very important epoch in the 
 history of Roger Tichborne. He obtained leave from the 15th of 
 December to the 15th of February, and on Christmas Eve he came 
 for part of that leave to Tichborne ; and from what he himself has 
 recorded you can have very little doubt that if he had had any 
 misgivings from what he saw at Upton, as to the feeling of INIiss 
 Doughty towards him, her reception and her manner when he came 
 to Tichborne must very soon have dissipated any anxiety on that 
 score, and have satisfied him that his affection was returned, so far 
 as a young lady of her age, brought up with all the delicacy of maiden 
 modesty, could by her manner disclose Avhat really was passing in her 
 mind. He saAV this ; but no doubt he was perfectly aAvare of the 
 difficulties which stood in the Avay of the accomplishment of his 
 Avish — the marriage with his cousin. In the first place he knew A^ery 
 AA^ell that Lady Doughty Avas by no means anxious that the marriage 
 should take place ; in the second place, he kncAV very well that 
 neither his uncle nor his father Avould look AAath favour on a marriage 
 which the church discountenances, and Avliich, in their private and 
 personal opinion, was one Avhich, OAving to the propinquity of blood, 
 had much better be avoided. He kncAv all this, and he talked it 
 over with Mr. Gosford; he made no secret Avith Mr. Gosford, avIio 
 was in his confidence in eAerything, about his attachment, and his 
 desire to marry his cousin ; or, on the other hand, of his sense of the 
 difficulties that stood in his Avay; and it Avas in one of those con- 
 versations that he suddenly sprung up, as Mr. Gosford has described 
 it, seized a sheet of paper, and Avrote the a'Oav about building a church. 
 That there was such a document is beyond all possibility of question : 
 whether that Avas the sealed packet Avill be a matter for you to 
 consider by-and-by ; but that he did place in the hands of Mr. Gosford 
 a paper recording a a^oav to build a church in honour of the Virgin 
 Mary, if, through her intercession with God, his marriage should 
 eventually take place, I think it is impossible, looking at the letters 
 Avhich Ave haAC under his oaa'u hand, for a moment to doubt. Noaa% 
 the disposition of the tAvo cousins would of course be pretty a isible 
 to everybody. Roger Avas very much in love with her, and naturally 
 showed it. The probability is that the young lady, though not 
 entertaining perhaps so strong or ardent a reciprocal feeling, but still 
 feeling a groAving attachment towards him, shoAved that she Avas not 
 altogether displeased Avitli his attentions ; and this state of things 
 would, of course, very soon become manifest to those Avho AA'ere 
 interested in the matter. Lady Radcliffe tells us herself Avhat her
 
 ( 1G5 ) 
 
 feeling was. She was asked, " Were you aware of an attacliment 
 at that time which he had formed for yom-self?" and she 
 answers, " Nothing had been said at that time. — However, I 
 suppose you w ere aware he was paying you attention ? " Her 
 answer is, " I was not sure of" it — You were not sure ? — I Avas not 
 sure at that time — Between the commencement of his visit and the 
 1 1th January, was anything said between you and Roger which told 
 you of the state of his feelings towards yourself? — No, nothing Avas said 
 directly — But did you become aware, at all events, of the state of his 
 feelings?" — "I hoped it Avas" — Her ansAA^er AA^as a very touching 
 one — "I hoped" — " Did you knoAv Sir EdAvard Doughty and Lady 
 Doughty Avere aAvare what the state of Roger's hopes Avas ? — I did 
 not knoAv anything directly about it." Still avc can easily believe 
 that his attentions Avere plainly marked, and that this became \asiblc. 
 NoAA^, Lady Doughty had by no means made up her mind to approve 
 of the match, or to assent to it : on the contrary, at that time, from 
 the letters I have been reading to you, it aa^ouM seem she Avas in- 
 clined, and perhaps strongly inclined, the other Avay, The difficulty 
 of relationship had not been a small obstacle in her view of the matter 
 from the beginning, but it might have been got OAer, looking to all 
 the circumstances, if she had had perfect confidence in Roger's 
 habits. But it is very plain that she had not. Whether her vicAv 
 of his being addicted to drunkenness Avas an exaggerated one or not, 
 there is no doubt that Roger had a tendency to drink ; there is no 
 doubt some one or other kept Lady Doughty well acquainted Avith 
 the fact ; and I think it is impossible to read her letters and not feel 
 that she rather despaired of Roger being completely reclaimed from 
 this besetting and unfortunate propensity, and she kncAV very Avell it 
 Avas impossible to hope for domestic happiness from the union of her 
 daughter Avith a man aa^io had a propensity of this nature. I think, 
 therefore, that at this time, so far from being disposed to give in to 
 the Avish of Roger, she had a strong inclination the other Avay. 
 Accordingly on Sunday morning, the 11th of January, just as they 
 Avere preparing for church, Roger receives a summons to go to his 
 uncle Sir Edward in the library. He goes, and Sir EdAvard at once 
 states to him without any reserA^e his disapproval of his attentions to 
 his daughter, tells him fairly that he thinks the relationship of first 
 cousins a serious objection — one Avhich Avas sufficient to induce him 
 to withhold his consent to the marriage. " It Avill be better for both 
 of you," he says, " that this should be put a stop to at once ; the 
 longer you remain together, the stronger this attachment Avill groAv. It 
 is only by immediate separation, by cutting the tie asunder once for 
 all, that pain and unhappiness can be spared to both of you : there- 
 fore, my dear Roger, the sooner you leave us the better, and I Avish 
 you Avould go at once." Accordingly, it Avas decided that he should
 
 ( 16G ) 
 
 go the next clay. After this they went to church. Lady Radcliffe 
 tells us she did not see anything more of him till the afternoon. She 
 only knew that he had been summoned to her father, but did not 
 know what for or with what result. In the afternoon her mother 
 told her what had passed, and thereupon she desired to see Roger, 
 and she saw Roger in the presence of her mother, and I suppose she 
 thought it was as well to make no disguise about the matter — think- 
 ing possibly that the fair acknowledgment, the honest confession of 
 her feelings towards her cousin Roger, might have some influence on 
 her mother and father, or at all events desiring that before Roger 
 went away he should thoroughly understand that she had really con- 
 ceived a feeling towards him and returned his affection. What he 
 felt on that occasion he has himself committed to writing. You 
 have been told that the love of these two persons was all a mere 
 pretence and sham. The expression, I think, was that it was 
 " humbug " — a term we are not used to in forensic language ; but 
 which the learned counsel for the defendant has introduced for the 
 first time, as appropriate, I suppose, to the occasion. To be sure, he 
 said at another time that it was not quite a humbug, so far as Roger 
 was concerned ; but then, although he admitted that Roger had a 
 real passion for his cousin, he degraded it into mere personal desire, 
 and denied to it all the higher qualities of that divine passion, which 
 amongst other things distinguishes man fit'om the animals who feel 
 only the instinct of sexual desire. Now in order that we may judge 
 of that, let us see what were the feelings of Roger at the time ; let 
 us see what are the expressions in which those feelings were described, 
 as he wrote them to his cousin. " What I felt Avhen I left my uncle 
 it is difficult for me to explain. I was like thimderstruck, I came 
 back to my room, I tried to pack up my things, but I was obliged to 
 give up the attempt as my mind was quite absent. I sank on a 
 chair and remained there my head buried between my two hands for 
 more than half an hour. What was the nature of my thoughts my 
 dearest K . . you may easily imagine — to think that I was obliged 
 to leave the next day, not to see you again not perhaps for years — if 
 ever I came back from India — the idea Avas bursting my heart. The 
 time passed on " — the Avord " time " is omitted, but it is evidently 
 Avhat he meant — " giving me no relief till about 2 o'clock, when my 
 aunt told me that you wished to see me. That news gave me 
 more pleasure than I can express, so much so that I never could 
 have expected it in the morning. I saw you my dearest K. at about 
 5 o'clock. You cannot conceive what pleasure it gave me, I saw 
 directly you felt my going, so that I determined to tell you all Avhat 
 I felt towards you. What I told you my Dearest K. . I dont 
 think it necessary to repeat as I suppose you may remember it. 
 When we left the drawing room I came back to my room ; my
 
 ( 167 ) 
 
 heart and mind were so mucli opressed that it was impossible for me 
 to think of going to bed, I stopped up till two o'clock in the morning. 
 I dont think it nessary J\ly Dearest K. to tire you Avith the details of 
 all what I felt for you in those TWO DAYS ; sefice to say that I never 
 in all my life felt more acute pains especially during the night when 
 I was not able to sleep ; what Avcre my thoughts during that night 
 I cannot express." 
 
 Well, Gentlemen, he left the next day, in what frame of mind you 
 may see from what immediately followed. On the 12th, on getting 
 to London, he writes to Mr. Gosford, " I should feel much obliged 
 if you had the kindness to direct all the letters which may come to 
 Tichborne for me at N° 34, St. James' Place, London. I shall 
 leave London on Wednesday the l?*"" of this month, so as to arrive 
 in Paris on the 1 9"' or 20"'. If you have nothing better to do come 
 and breakfast with me " — evidently Avanting to get Mr. Gosford to 
 talk about these things which were on his mind — " I am going to 
 see Mr. Slaughter now, and to-morrow to talk about my will, so that 
 I should like to see you on my way to Southampton. If you can 
 come send me a note at the station ; try to be there a little before 
 me to order breakfast. Pray excuse this short note, I am in such a 
 low state of mind at present that I don't know exactly Avliat I am 
 writing." He goes to Winchester, on his way to Paris, but Mr. 
 Gosford not having come to meet him, he Avrites : " It Avas such a 
 misfortune that you were not able to come and meet me. I left 
 London by the first train to be able to spend some time Avith you. 
 I had arrived at Winchester at a 9^ and left at 12|. I have Avritten 
 out my Avill and left it with Mr. Slaughter. The only thing I have 
 left out is about the church, Avliich I Avill only build under the cir- 
 cumstances which I liaA^e left Avith you in Avriting. Mr. Slaughter 
 told me that he hoped to have a scheme ready by the time I come 
 back." I observe in passing, that it is quite plain from this that he 
 had left a paper AA'ith Mr. Gosford relatiA'e to the building of a church. 
 " The only thing tchich I have left out is about the church, lohich I 
 IV ill only build under the circumstances ivhich I have left ivith you 
 in ivritiny. Mr. Slaughter told me that he hoped to haA'e a scheme 
 ready by the time I come back. I don't live here in my mother's 
 house ; I liaA^e taken up my lodgings in the Brighton Hotel, Rue de 
 Rivoli. I find that Avay of living much better, it gives me more 
 liberty." Then he says — " Hoav are they getting on at Tichborne ? 
 I little expected, three Aveeks ago, that my visit to Tichborne Avould 
 be cut short as it has been ; but, howcA^er, such has always been the 
 case Avith me CA^er since I Avas born. It is not new to me, but no 
 less painful." He AA^rites to his aunt — " You haA e most likely re- 
 ceived this morning a letter from my father, in AA^hich he expressed 
 his Avish that I should go and sleep and spend a day at Tichborne.
 
 ( 168 ) 
 
 I have been obliged, to safe many questions and explanations (which 
 I would not have given) to say that I would. I am sorry that I 
 have under those circumstances been obliged to say a kind of lie 
 because it is not my intention to go to Tichborne. I shall never- 
 theless be obliged to remain for an hour or two at Winchester on my 
 way to London, to leave at INIr. Hutchinson a great many pictures 
 and other things which my Father has bought in Paris and has 
 asked me to take for him in England," Then he says — " Don't be 
 offended my Dear Aunt about what I have written, I thought it 
 necessary forme to write to save all kind of misunderstanding between 
 all of us ; that is to say, between my Uncle my Father and yourself. 
 Don't mention what I have written but keep it secret." 
 
 He returns to London from Paris, and he Avi-ites from London to 
 Mr. Gosford. " I arrived in London last night" — this is the 31st 
 January; consequently he arrived on the 30th — "after a very fair 
 journey from Winchester. I don't think that I shall go on Tuesday 
 at the meet at Tichborne. I don't suppose that this change will 
 surprise you after the different reasons which I gave you last night. 
 Nothing in the world would give me more pleasure than to spend an 
 hour there, but at the same time it might bring back into my 
 cousin's mind those painful occurrences which took place on my 
 leaving Tichborne. It is painful enough for me to bear it without 
 bringing back to another person painful recollections. But in all 
 cases I shall wait till I receive your letter to take my last determina- 
 tion." 
 
 On that same day, having returned to London, he received, no 
 doubt much to his surprise, but probably not a little to his satisfac- 
 tion, a summons to come down again to Tichborne. Sir Edward 
 Doughty had been taken most dangerously ill, and it was thought he 
 could not get over it ; and accordingly his next heir and near rela- 
 tion was summoned to Tichborne, and found his uncle in a desperate 
 condition. So ill was he that Roger the next day w^'ites to his 
 mother beQ-o-inp- that his father will not lose a moment if he Avishes to 
 see his brother alive ; and he writes to Mr. Dauby Seymour sapng 
 he does not think his vmcle will live for twelve hours. However, in 
 spite of all these predictions. Sir Edward did afterwards, as we knoAv, 
 recover. Now, Sir Edward being thought to be dying, it occurred 
 to the two cousins, that if at some future time, when she would be 
 her own mistress, they should determine to marry, it would be a 
 painful thing to think that her father had gone out of the world 
 leaving a prohibition against their union ; and accordingly she tells 
 us that they arranged between them that Roger should see her 
 father, and endeavour to induce him, as he was supposed to be on his 
 death bed, to v\dthdraw his prohibition, and, as she expressed it, if at 
 any future time they were to marry, to leave his blessing on their
 
 ( 169 ) 
 
 union. Roger saw liim, and the old man, touched by the expression 
 of Roger's affection for his daughter, and perhaps influenced in some 
 degree by his affection for Roger himself, ended by withdraAving his 
 absolute prohibition, and substituting for it a conditional assent. 
 Roger put on paper what passed between him and his uncle. The 
 language, no doubt, is his own, but the substance, I cannot doubt, is 
 what in truth did pass between the two. The uncle is supposed to 
 say as follows : " My dear Roger, I knoAv the mutual attachment 
 which exists between you and your Cousin. If you were not so 
 nearly related I should not object at all to a man-iage betAveen jon 
 Uyo. But, however, wait three years" — it wanted three years to his 
 daughter's coming of age — " then if the attachment still exists 
 betAveen you tAvo, and you get yoiir Father's consent, as also leaAC 
 from the church, then it Avill be the Avill of God, then I lA^ont object 
 to it any longer." Then Roger is supposed to ansAver. Here are 
 his OAA-n thoughts and vieAvs thus put in his oavu language : " Ever 
 since I have had the pleasure of knowing you and my Cousin I have 
 ahvays tried to act toAvards you tAvo as also towards my Aunt in the 
 most honourable Avay I possibly could. The chiu-ch as you knoAV 
 grants dispensations on these occasions. Of course, I think I Avould 
 get my Father's consent, as also the leaA'e from the church, and do it 
 in an honom^able Avay in the eye of God and of Avorld." In the 
 course of his visit, AAdiich continued until the expiration of his lea\'e, 
 n>any conversations took place betAveen Roger and his cousin. She 
 tells us she asked him to put his thoughts and sentiments to- 
 Avards her on paper, and he does so, and these documents remain 
 as memorials of Roger's feelings toAA'ards the young lady ; and 
 since his love has been called in question, and has been either de- 
 nied altogether, or sought to be converted into some Ioav, base 
 passion, let us hear his OAvn account of it in his OAvn Avords. These 
 papers are among the very worst in point of Avriting and spelling and 
 grammatical mistakes that are to be found in the AAdiole of Roger's 
 letters. It has been said by the counsel of the defendant that they 
 are the effusions of a drunken man. It might, I think, have been as 
 Avell suggested that they are Avritten under poAverful emotions quite 
 sufficient to agitate the strongest of us, and that the badness of the 
 Avriting and the numerous mistakes, might be accounted for by such 
 a cause. But let us read. If they were Avritten imder the influence 
 of drunkenness, there Avoidd be the more likelihood of any evil passion 
 or sinister purpose AAdiich might have been lurking in his mind, crop- 
 ping up to the surface and becoming manifested: let us see Avhether 
 there is anything of the sort. 
 
 " Tichborne Park February the 4th 1852. 1^ o'clock in the morn- 
 ing. INIy dearest K. You have asked me for the last tAvo days to 
 Avrite my thoughts. I shall try to satisfy your Avish on that point
 
 ( no ) 
 
 now that my thoughts arc somewhat cahner than they Avere dm'ing 
 the day. I have as you may suppose much to thmk of at present ; 
 the nature of my thoughts is I grieve to say of a very painful and 
 melancholy nature. I will however make an effort upon myself and 
 disclose my secrets to you in the clearest way I possibly can. I shall 
 dcsaed them into different points. INI. Dearest K I am at present in 
 a great state of mind about my Uncle and my Father. I expect my 
 Father to come to morrow I hope that he Avill be able to bear this 
 severe trial Avith coiurage. He — " here Ave have an omission of the 
 auxiliary, AA'hich we find so often in the defendant's letters, but only 
 in a fcAV instances in Roger's — '' He not at all Avell Avlien I left Paris 
 last Thursday, he had a bad cough and he Avould not take anything 
 for it. He Avill I fear very much that he Avill have before long a A'ery 
 severe illness, he has not I am afraid enough strength to bear these 
 severe trials. I may perhaps surprise you my Dearest K Avhen I say 
 that I feel a head of comfort about my Uncle. It is I knoAv a very 
 severe trial Avhich God has send upon you. I do feel it more deeply 
 than I can express, but this is the time Avhen you must sIioav the 
 power of Religion and offer up to God the pain and sorrows Avhich 
 you feel noAv You will by doing so make a act" — that is French, 
 " make" instead of " do" — " You Avill by doing so make a act meri- 
 torious before God and may hereafter be a comfort to you and God 
 Avill rcAvard it by sending you some ncAV graces and Avill I haA^e no 
 doubt fulfil your wishes" — He AA^rites "graces" in the Avay the French 
 Avrite it, in the plural, instead of, as we should do, in the singular. — 
 " You ought to be thankful to God my Dearest K for giAdn time and 
 means to my Uncle to prepare for death as he has. Believe me this 
 must be a great comfort to you through this severe trial. God only 
 gives the grace of a good death to those AA^ho have led a good and 
 virtuous life It is a rcAvard which is given to those aa^Iio have prac- 
 tised virtue and haA'C givin good example to others. It may perhaps 
 surprise you to hear me talk in such a Avay and that I should not 
 folloAv Avhat I say." Then comes another paper : " I shaU go on 
 Avith my confessions only asking you to have some indulgence if you 
 find them to long and tedious. You are my Dearest K the only per- 
 son for AA'hom I have ever formed such a strong and sincere attach- 
 ment I ncA^er Avould have believed fcAv years ago that I was able to 
 get so attach to another. You are the only young person who has 
 ever shown me some kindness, for Avhich I feel very thankful. It is in 
 some respects rather a painful subject for me to have to acknoAvledge my 
 faults but as I have undertaken the task I must Avrite all Avhat I haA'e 
 done and what have been my thoughts for the last five weeks. I had 
 a very" — "strong" I suppose it should be, but that is omitted — "idea 
 Avhen I lefb Ireland AAdiich Avas this I thought that you had entirely 
 forgotten me" — Noav Ave understand Avhy he talked about having an
 
 ( 171 ) 
 
 objection to marry, and said he was not prepared to many : lie did 
 not believe that the person whom alone he cared to marry cared at all 
 for him—" I thought that you had entirely forgotten me. I was never- 
 theless very anxious to come to Tichbome for a short time to take a 
 last farewell from you my Uncle and my Aunt My mind and heart 
 were then so much oppressed by those thoughts that it was not my 
 intention then to come back from India before ten or fifteen years 
 I loved you then my dear K. as dearly as ever I could have done 
 anything in this Avorld to" — then the word "and" comes in some how 
 or other, which it should not — " oblige you but to see happiness to 
 which I might seen you and to which I might have also given my 
 help for your own happiness sake, to have seen all those things 
 I repeat again with a dry eye and unbroken heart is for a person 
 who has a strong feeling of attachment towards another behond " — 
 for beyond — " human power almost impossible. A person may " — 
 then he strikes that out and gets into confusion with the com- 
 position; it is a somewhat long sentence — "but to behold it is 
 almost beyond the hmnane poAver. It is the reason Avhy Avhen I 
 should have been far away thousands and thousands of miles far 
 fi'om you I should have taken my pains and sorrows borne them in 
 silence and have formed some new wishes for your happiness in this 
 Avorld and send a prayer for you that you might bear the pains and 
 trials of this Avorld Avith courage and resignation and be by those 
 means happy in the next. When I came here I found I had been 
 mistaken in the opinion Avhich I had formed and reproached my " — 
 "self" omitted — "bitterly of having ever had such an idea. It is 
 not necessary" — he makes two attempts to spell the Avord before he 
 gets it right, and scratches the former attempts out — " It is not 
 necessary for me to mention that I got rid of these bad thoughts in 
 a feAv minutes. Things Avent on happily for me till Sunday the 
 11"' January the 11"" 1852 Avhen I aa.is send for by my uncle Avlien I 
 Avas at breakfast. What took place betAveen us I think it vmneces- 
 sary to repeat as you knoAV it already. I Avas obliged to leave the 
 next morning by the first train for London. I never felt before 
 * so deeply in 
 
 in * my life Avhat it Avas to part Avith the only person I ever loved, 
 hoAV deeply I felt it I cannot express but I shall try to explain as 
 much of it as I can in the next chapter." Then he says, " What 
 I have suffered last night I cannot easily explain. You know My 
 OAvn Dearest K. AA'hat are my feelings toAvards you. You cannot 
 conceive Iioav much I feel going. It breaks my heart my Oavh 
 Dearest K hoAv long I shall be without seeing you I do feel that 
 more than I can tell You have the comfort of a home and moi'eover 
 the one of having some time or other some persons to Avhom you can 
 speak and Avho comfort you. I have none I am throAATi on the
 
 ( 172 ) 
 
 world quite alone without a friend, nothing. But hoAvcver I shall 
 tiy to take courage and I hope that when you will see me in those 
 years you will find me changed for the better. I shall emply these 
 three years to reform my conduct and come all that you can wish to 
 see me. I shall never My own Dearest K. forget the few moments 
 which I have spend with you, "but on the contrary I will always 
 consider them as the happiest in my life. You cannot imagine 
 how much pleasure your letter has given me." — She had evidently 
 "VATittcn him a letter, which is not forthcoming, and which we know 
 nothing about, in which she had no doubt candidly acknowledged to 
 him her feelings. — " It has proved to me far above any possible 
 doubt Avhat are your feelings towards me. I did not it is true 
 reqire that prove to me to know what you felt for me. It is for that 
 reason why I thout most sincerely for that prove of confidence which 
 you have given me by expressing yourself so kindly and openly to 
 me. You may rest assured my Own Dearest K that nothing in the 
 Avorld will prevent me (except kept by active service) fi;om coming 
 back from India at the time which I have named to you which is 
 the latter part of Autumn 1854 or January 1855" — I should observe 
 she would be of age in April, 1855 — "It will be a great comfort for 
 me My Own Dearest K when I shall be in India to think of you it 
 
 Avhich 
 "will be I may say the only pleasure I shall have wish to have It 
 
 for me 
 is such a comfort x to think of the first person I ever loved and 
 you may rest assured that nothing in the world will ever make me 
 change and moreover if you wish me to come back sooner only 
 write me that you wish me to come back I shall not remain five 
 
 the army 
 minutes in X more than I can help it but comply with your wishes 
 and come back as soon as I possibly can and rest assured My Own 
 Dearest K that in any situation in life I may be of any help or 
 service to you I shall be alwaj's but too happy J\Iy Own Dearest K to 
 do anything in my power to serve and oblige you. Believe me My 
 Own Dearest K Ever your very affectionate." Gentlemen, can any 
 one read those papers and doubt that that man loved the lady to 
 whom they were addressed Avith all the sincerity of a warm and 
 devoted attachment ? Can anybody doubt that that attachment was 
 of a pure and noble kind, and not the base, grovelling passion that 
 the learned coimsel sought to represent it ? No. It is impossible, 
 I think, for any candid mind, anxious for the truth, to read those 
 documents, and whatever may be his opinion of Roger irrespective 
 of his attachment to his cousin, to doubt the purity of that attach- 
 ment. He may have been loose in his morals ; he may have had 
 bad habits and evil propensities, but as far as Kate Doughty Avas
 
 ( 173 ) 
 
 concenied, I cannot find a trace of a single thonglit or feeling tliat 
 Avas not noble, honourable, generous, and pure. It was the love 
 Avhi«-h has been so happily and incomparably expressed by the 
 poet : 
 
 " His love sincere, his thoughts immaculate ; 
 His tears, pure messengers sent from his heart ; 
 His heart as far from fraud as heaven from earth." 
 
 I can see no trace of anvthino- that a man of honour who Avas 
 courting an honoiu-able woman need be ashamed of. It was what 
 is expressed by those lines from beginning to end. 
 
 I should here mention that an impleasant incident had happened 
 while he was staying at Tichborne ; it appea^^s that he sat up one 
 night watching in his uncle's room during his uncle's illness, and 
 that on that occasion he drank either too much wine or spirits and 
 actually exhibited it. Of course it was a very painful thing to his 
 aunt and to Miss Doughty, who Avould naturally feel it very much ; 
 and in consequence of that he wrote a paper which he left with his 
 cousin, in Avliich he records a promise never to drink more. " INIy 
 dearest Kate, I give you my Avord of honour that I never Avill from 
 this day drink a single drop of spirit of any kind Avhatsoever." 
 Whether that promise Avas kept, even for a time, is uncertain. At 
 all events, AA-hen the relation between himself and his cousin Avas put 
 an end to, I have little doubt he considered himself released from the 
 obligation of that promise ; but from a letter Avhich I shall have to 
 call attention to, it certainly does appear that, so long as that 
 relation lasted, he considered himself bound by the promise Avhich 
 he had given and that he had kept it. 
 
 Gentlemen, Roger continued at Tichborne till his leave expired, 
 and then Avent back to his regiment. But before he Avent aAvay he 
 AATote a letter to Mr. Slaughter to Avhich I must call your attention. 
 We are here perpetually alternating betAveen the common-place 
 business of life and the romantic part of the story ; they are ecpially 
 essential to the decision of the issue Avhicli you Avill liaA^e by-and-by 
 to pronounce upon. He had received, as you knoAv, some time 
 before, a full explanation from Mr. Slaughter of Avhat his poAvers 
 were Avith regard to any future disposition of the Doughty estates, 
 and he noAv AAi'ites a letter of the 5th January from Tichborne con- 
 taining instructions for his Avill, and I do not know that I can explain 
 anything to you more clearly than it is to be found in this letter. 
 I do not suppose that the letter is his own composition, though I 
 can entertain Aery little doubt that the instructions themselves 
 were substantially his OAvn ; but it Avas Avritten at Tichborne, and 
 Mr. Vincent Gosford had on a former occasion helped him to AAante 
 a letter to Mr. Slaughter, and I think this on the AA^hole much too 
 well AATittcu to haA'e been Avritten by Koger, and I should suppose
 
 ( 174 ) 
 
 that Mr. Vincent Gosford helped him again. " As I expect shortly 
 to go abroad, it is my Avish to complete certain arregements" — 
 he leaves out an "n" and writes "e" instead of "a" — "to complete 
 certain arregements in regard to my property, which in a former 
 letter I informed you it was my intention to make. I have thought 
 much of the subject, and it is my wish and intention to leave the 
 Doughty estate in the following manner — If I die, my Brother 
 Alfred Avill of course succeed to the title and the Tichborne estate " 
 — the latter you know Roger could not interfere with ; it rested on a 
 settlement Avhicli he could not in any way touch or affect — " Avliich 
 estate by the settlement of last year would then be fi-eed, by the aid 
 of the Doughty estates, from the charges upon it"— that Avas by the 
 100,000/. Avhicli AA'as to be raised at that time — "With regard to the 
 Doughty estates, I Avish to leave them by Avill to trustees on Trust to 
 settle them as folio avs : — 
 
 " First, to pay to my Brother Alfred, on his attaining the age of 
 21 years of age, an annuity of 2,000/. per annum, and an additional 
 sum of 1,000/. per annum on his marriage, AAdiich last sum of 1,000/. 
 per annum I Avish him to have the pOAA^er to charge upon the Doughty 
 estates as a jointure for his Avife in case of his death. 
 
 " I next desire particularly to carry out the object aa-IucIi if I live 
 I propose to myself, I mean the clearing off from the Doughty 
 estates the incumbrances Avith Avhich they are charged Avith the object 
 of clearing: the Tichborne estates' incumbrances. I desire therefore 
 that from the time these estates shall come into the possession of my 
 trustees, the Avhole of the surplus rents, subject to the above annuities 
 to my Brother Alfred, shall be devoted to this purpose. 
 
 " As soon as these incumbrances are paid off, then I give to my 
 Brother Alfred, for his life, the Avliole of the rents of the estate. If 
 my Brother shoidd marry and leave sons, the eldest son will of course 
 succeed to the Title and the Tichborne property, I Avish him also to 
 take the London Doughty property for his life, or in the event of his 
 death then the same to go to the eldest surA'iving son of my Brother. 
 But I desire that Upton House, and all the property in Dorsetshire, 
 Buckinghamshire, and Lincolnshire, should, at my Brother's death, 
 go to his second and other sons in succession, except he should have 
 but one, Avlien I desire it to go to him, upon this condition, ncA'er- 
 theless, that Avhichsoever son should succeed to this property, shall 
 assume the name and arms of Doughty, before and in addition to 
 his OAvu name of Tichborne, or shall forfeit the estates to the next 
 Heir. 
 
 " If my Brother Alfred dies unmarried, or marries and has 
 daughters only, the Tichborne estate is to go to my relation, James 
 Dormer." — This, you knoAv, was by the effect of the Tichborne set- 
 tlement, ill Avhieh, after the remainders to the sons of James Tichborne
 
 ( 175 ) 
 
 for life, and to their issue in tail male, there was a like remainder to 
 James Dormer for life and to his issue in tail male. 
 
 " As my Doughty Property, by the Settlement of last year, is now 
 chai'geable with the incumbrances hitherto existing upon the Tich- 
 borne estate, and as a flu-ther sura of near 40,000/. is also raiseable to 
 make additional purchases for the benefit of that estate, I desire that 
 my Brother Alfred shall have the power to charge upon those pur- 
 chases, or upon whatever interest I have in those charges, to the 
 amount of 20,000/., to be divided equally amongst all his children 
 except the eldest. And I give up in favour of my Cousin, James 
 Dormer, all further interest in those charges, provided that on coming 
 into possession of the Tichborne Property he uses and assumes the 
 arms and name of Tichborne." Noav comes the disposition he ])ro- 
 posed to make in favour of Miss Doughty and her children : " In the 
 event of my Brother Alfred's death Avithout leaving sons, then I 
 desire to continue the succession " — not to Alfred's daughter, but — 
 " to the 2nd or other sons of my Cousin, Katharine Doughty, or if 
 she has but one son, then to him. But if my Brother or Cousin 
 should have Daughters only, I Avish the estates to go to the eldest and 
 other daughters of my Brother Alfred in succession and their heirs, 
 or failing them, to my Cousin for life, and then to the eldest and 
 other Daughters of my Cousin Katharine Doughty. And if I should 
 be in actual possession of the estates at my death " — shoAving that he 
 was perfectly conscious at this time, the beginning of 1852, that only 
 by possession of the estates at his death could he make this disposition 
 to his cousin by will — " And if I should be in actual possession of the 
 Estates at my death I direct my trustees shall offer to my Cousin, 
 Katharine Doughty, till her marriage, the free use of Upton House 
 and the Gardens attached for a residence." So long as his Uncle 
 Avas alive, and his father AA^as alive, he could do nothing toAvards giving 
 Upton House as a temporary residence to his cousin Miss Doughty. 
 So long as he lived his Avill AA'ould not take effect. It therefore AA^as 
 necessary that he should himself come into possession, and accord- 
 ingly he makes this provision in favour of his cousin contingent on 
 that event. He then goes on, " I further desire to give my Brother 
 Alfred the power to charge 30,000/. on the Loudon Doughty estates 
 for the benefit of all his children (except the eldest son) in equal 
 shares, but that money not to be raised tiU my Brother's death. As 
 to the Surrey property, I give the poAver to my trustees to sell it and 
 apply the money to the clearing off of the incumbrances on the 
 Doughty estate." 
 
 Now comes a passage AA^hich is of no importance so far as the pro- 
 visions of the AAall are concerned, but of great importance as elucidating 
 the question of Avhether or not he had left a document with Mr. Gos- 
 ford at this time, January 5th, 1852, as to something that Avas to be
 
 ( 176 ) 
 
 done, not under his will, but in a totally dlfl'erent way : — " ]\Iy private 
 wishes and intentions as I intend to have them carried out if I life, 
 I have confined to M"". V Gosford, and I request that you and M'. 
 Gosford will act as trustees and executors of my Will." 
 
 Thus, what he proposed to do, and what you will find he after- 
 wards carried out by the will which he executed, was this : he in- 
 tended if he lived — and that intention he wished to impose upon his 
 brother Alfred when Alfred succeeded him after his death — first, 
 and above all, to release the Doughty estates from the heavy incum- 
 brance of 100,000/. Avhicli had been imposed upon it for the purpose 
 of relieving and augmenting Tichborne. The thing to be done was 
 not to go on spending the entire income as if there were no incum- 
 brances on the estate ; the first thing was to get rid of the debt. 
 You cannot imagine anything more wise, sagacious, or prudent. 
 Another young man would have said : " Oh, the interest on the debt 
 is 4,000/. a year, let us pay that and spend the other 16,000/., and 
 leave the debt to take its chance." Not so Roger. He says the first 
 thing to be done is to clear the estate from the debt Avhich rests upon 
 it, and there is but one mode of doing that, and that is, not to live up 
 to the income — if I live, that is what I will do, and if my brotlier 
 succeeds it is what I will make him do. If I die he Avill inherit 
 Tichborne ; the rental of which, relieved from its incumbrances, is 
 6,000/. a year ; in addition to that I will give him 2,000/. a year 
 while he is unmarried, and an additional 1,000/. on his marriage. 
 That will give him an income of 8,000/. or 9,000/. a year, enough 
 with Tichborne House to satisfy any reasonable desire : in the mea.n- 
 time let the residue accumulate until by degrees the whole debt is 
 paid off. 
 
 Having made that provision in the first instance, he then says, 
 whenever the debt is paid off, let Alfred, as my successor, enjoy the 
 whole for life. When he dies, if he should have two sons, then I 
 will have the scheme which I have had for some time in my mind 
 carried out. The property being equally divided and a certain por- 
 tion of the Doughty estate being added to the Tichborne, it would 
 make two incomes of 10,000/. a year, if not 12,000/. There are the 
 two seats, Tichborne and Upton, to the sale of the latter of which, 
 having this arrangement in view, I have always refused to consent. 
 Upton House will form the seat of the second family, and that 
 second family will owe its estate to me. If therefore Alfred shall 
 have two sons, I shall do with his second son as I should have done 
 Avith mine if I had married and had children — his second son, if he 
 have one, shall inherit the second part of the divided property. If 
 he has no sons what then ? Why, then, it shall go to a son of my 
 cousin Kate Doughty, Avhom I love and Avho then aa^II have married 
 some one else. It shall not go to her eldest son as a Avhole auA* more
 
 ( 177 ) 
 
 than to Alfred's. The property destined to make a second in- 
 heritance shall not go to her eldest son, because probably she will 
 marry some man of fortune, and the eldest son will inherit his paternal 
 property, and mine will then be merged in the property that son will 
 inherit, and it Avill not make the second estate which I desire to create. 
 It shall, therefore, go to her second son, if she has one. If she has 
 no son, then it shall go to Alfred's daughters in succession. If he 
 has no children at all, then it shall go to Kate Doughty's daughters ; 
 but in that case she shall have a benefit which shall not accrue to her 
 if she has a son. I AviU give her a life estate which shaU intervene 
 betAveen the estate given to her son, if she has a son, and the 
 estate I give to her daughters in the event of her ha\dng no son 
 and Alfred having no daughter ; it shall be hers for life Avith re- 
 mainder to her daughters. Then, in addition to all that, he says, 
 suppose I come into possession, and I die, and so my Avill takes effect, 
 then in that case I desire that my trustees shall giAC jNIiss Doughty, 
 in the event of her being still unmarried, possession of Upton as a 
 residence — I knoAV she is attached to the place — until she marries. 
 When she marries she Avill of course foUoAV her husband and reside 
 at his residence, but until she marries she may ha\'e Upton. 
 
 NoAv that. Gentlemen, is the scheme he had in his mind and 
 AA'hich he embodies in these instructions and eventually carries out. 
 It is important you should bear these testamentary dispositions of 
 his in mind ; because by-and-by Ave shall have, as I have said, to see 
 Avhat Avas the knoAvledge of the defendant Avhen his mind came to be 
 tested on this subject ; and if you are satisfied that Roger Tichborne 
 made these testamentary dispositions, Avith perfect knowledge of 
 what he Avas about, on which we shall see the evidence by-and-by, 
 if they Avere the production of his OAvn mind and of his OAvn inde- 
 pendent Avill, then according as you find the defendant exhibit 
 knowledge or ignorance of all these dispositions so made by settle- 
 ment or by AA^ll, you Avill be able to form your judgment of AAliether 
 he is Roger Tichborne or Avhether he is not. 
 
 Gentlemen, on his return to Clonmel, Roger Avrites to his aunt on 
 the 14th September, Avhich seems to be the very day of his return — 
 " It Avould be quite impossible for me to Avi-ite anything at present. 
 I am unwell, too loAv-spirited to be able to collect my ideas so as to 
 alloAv me to wi'ite a letter with any kind of sense in it, but I will let 
 you know hoAv I am getting on and hoAV much I have reformed my 
 conduct at the very beginning of next Aveek — I liaA^e already begun 
 at Tichborne and I Avill go on now trying to improve every day as 
 much as I can" Then she writes a letter Avithout date, but evi- 
 dently Avritten at this period. " Having letters to forward to you 
 to-day I cannot resist sending this line to assure you of the anxiety 
 I feel to hear fl-om you & pray name if your cough is better & do 
 
 N
 
 ( ns ) 
 
 take care of yourself for all our sakes — our sad house is as when you 
 left, and each feeling our sorroAvs ; it may be a comfort for you to 
 know that your Uncle appreciates your honourable conduct on this 
 occasion and though we both feel deeply the stern conduct (from 
 a sense of duty) we have pursued, that we had no other line of 
 conduct to follow with justice to you both, at present, and the fliture 
 is in the hands of God — O dear Roger, let all that has happened be 
 an additional motive to you to avoid that vice, which ruins health 
 & entails misery & must shorten your days — do feel at least how 
 fondly we have looked to your taking the first position hereafter in 
 this family — you are constantly in my thoughts, of com'se sorrow 
 oppresses us, but y"" Uncle and cousin send their affect'* love and 
 I am ever your attached Aunt." You see at this time Sir Edward 
 — and of course Lady Doughty was involved in Avhat he had done — 
 had given a conditional consent to the future union of Roger and 
 their daughter, but it was to stand thus : they were to wait until she 
 came of age, and if both remained in the same sentiments one towards 
 the other well and good ; but she was in no way to be interfered 
 with, Avas to be perfectly free ; if she saAv some one she liked better 
 it Avas to be no engagement ; there was to be nothing to bind her or 
 pledge her or the parents to any particular covu-se ; the whole thing 
 was to stand over until she was of age. But, says the father, who 
 Avas then supposed to be dying, if at that time you are of the same 
 mind and choose to maiTy I Avithdi'aw my prohibition and I consider 
 that it will be the Avill of God that your union should take place. 
 Lady Doughty's letter proceeds on this footing. Again she Avi'ites : 
 *' I write sooner than I should have done to thank you for your kind 
 letters received to day, because I feel Avith all my heart for the 
 struggle of your OAvn heart & mind which I know must be going on. 
 Now, do not be discouraged, you ha\"e made a noble and generous 
 effort to shake off vice & habits which Avould haA^e ruined body & 
 Soul, do continue in your good resolutions, and your HeaAxnly 
 Father Avill give you grace if you daily and constantly ask it, and 
 rely that as he said ' ask and you shall receiA^e, seek & you shall 
 find' He will not be outdone, but reward & support you tenfold for 
 every effort you make for your immortal Soid, but remember it is by 
 perseverence Ave can hope to reform bad habits — I shall Avait Avith 
 anxiety your next Letter — I have such entire reliance on your tiaith 
 and honor that I am sure you Avill tell me sincerely both your 
 difficulties and hoAv you are both in health & mind — do not forget 
 your throat was not Avell and that it shewed coming after your attack 
 on the chest a degree of internal congestion Avhich must absolutely 
 require great care for some time & noAv I shall tell you how we have 
 gone on since & our regret we had to part AAath you. Your Father 
 remained here very low & poorly all day, but Saturday he rcAaved
 
 ( 179 ) 
 
 and seeing your uncle improving so mucli lie left with comfort 
 & in good spirits. Katty & her Maid having commissions in 
 Winchester accompanied him there and he seemed pleased & very 
 kind — for the first time he expressed to me the happiness he had in 
 seeing a return to Religious sentiments & practice in you, that he 
 always hoped & as he said ' never could believe you radically bad 
 but that God only knew how he had suffered in mind and prayed 
 for you' — of course I said what I could to encourage and cheer 
 him." 
 
 She wi'ites to him again on the 25 th of February, in terms which 
 show that at this time she Avas not discouraging him in the expecta- 
 tion of having her daughter's hand at some time or other, " Do 
 dearest Roger keep up your courage, and remember that the efforts are 
 worth making both for what you wish to gain in this world and still 
 more for the ^ax far greater rewards in the next. Still I feel for and 
 understand all your trial." I take it that when she speaks of " what 
 he Avishes to gain m this world," she must have referred to her 
 daughter. He Avi-ites to her on the 28 th of February, " I have as 
 you are aware begun in a firm and determined kind of way to reform 
 my conduct in every way in which I thought it required alteration. 
 I have among other things begun by giving up di'inking altogether. 
 It is not without much struggle and firm determination of mind that 
 I have been able to keep the promise which I gave Katty before 
 I left Tichborne. It is so much more difficult for me to keep from 
 it that I am at present in low spirits — I dont wish in the least to 
 excuse the vice of drinking but it is in those cases when a person 
 feels himself low that he "svishes to drink, not to do wrong but as 
 a relieve. I think twice My Dear Aunt before I give my word of 
 honour because I consider it as such a sacred thing that if ever 
 I was to act contrary to what I have promised I w^ould consider it 
 as such a disgraceful spot on me that I wovild not dare to show my 
 face before you or anybody else, because I think that a man who 
 cannot keep his word of honour never can be believed or trusted and 
 he is for that reason worse than a brute. I am at present taking 
 care of myself, thing Avhich I have never done before in my life I am 
 taking the different physics which Mr. Ly|)scomb ad\dsed me to 
 take. I hope with the help of God to become before long what you 
 wish to see me. Several persons have remarked how much I was 
 changed especially in the di'inking line. To all enquiries I answer 
 that drinking might do some time or other in England but never 
 would do in India. To that they told me that I was perfectly right 
 but that they never would have tliought that I could have brought 
 myself to a change so suddenly. I liave, at least I hope that I have 
 fulfilled my promiss. I have written in this private letter what has 
 been my line of conduct since I left you. I hope that you may 
 
 n2
 
 ( 180 ) 
 
 approve of the effort wliich I am making. If there should be any 
 expressions which you do not like pray excuse them because I 
 should be sorry if you were offended against me If there should be 
 anything further Avhich you wish me to tell you or to explain— Pray 
 let me know. I shall do it with pleasure." 
 
 Then there is a letter to Mr. Gosford on the 27th of February 
 about his sending his two dogs, " Piecrust" and " Spring," about 
 which we have heard so much, to Tichborne. Expecting at this 
 time that the regiment would go to India, he sends his dogs to 
 Tichborne, and wi-ites to say he has *' Avritten to Mr. Thompson, to 
 w^hose house they are directed, to give them a good feed, and to take 
 them afterwards to the S. W. Railway Station" — I merely mention 
 that for this reason, that from this time, February, 1852, " Spring" 
 and " Piecrust" remained at Tichborne, and, of course, were just as 
 well known by the people in that neighbourhood, as Tichborne itself. 
 The learned counsel has pointed to this letter as showing the coarse- 
 ness of Roger's mind ; because there is a reference in it to the possible 
 misbehaviour of the dogs. If the learned coimsel, whose reading is so 
 extensive, had recollected what Launce says in the play, he might, 
 I think, have passed that by without the severe criticism Avhich he 
 bestowed on that expression in Roger's letter, which was a letter 
 simply intended for Mr. Gosford, a passing joke, which ill deserved 
 such severity of comment. Then comes another letter from Lady 
 Doughty, on the old story — "Yes, dearest Roger be assured I am 
 gratified and delighted with your private letters and I bless God for 
 the change He is effecting in your dispositions, for it is His holy 
 work — many a hard struggle you must have I know to conquer the 
 bad habits of years and very strong temptations to retm^n to them, 
 but on these occasions if you ask the assistance of your Heavenly 
 Father he Avill support Hh child — remember the Noblest work of 
 God is Man endowed with reason given to govern all other created 
 beings & above all his own passions, & wilfully to take away reason, 
 by drink, to drown care is after all sinking a man to the level of a 
 brute, instead of using the glorious faculty reason to look up to God 
 for support against the temptations which in this life must exist." 
 There are other religious and moral observations upon the fatal effects 
 of drink, which are very edifying, no doubt, but which I need not 
 dwell upon. She speaks again about reading bad books and \dcious 
 stories, and with reference to an argument of his — I do not know 
 when put forward — that because he had read every bad book and 
 therefore laiew every shade and refinement of vice, it could do him 
 no harm to continue, she says : " This is a device of the Devil — we 
 cannot let our mind dwell (as it must in reading a vicious story) on 
 vice without more or less beino- tainted with it. A real horror and 
 detestation, would make a person detest hearing of it and they could
 
 ( 181 ) 
 
 not find pleasure in any subject that contaminates the rnind and heart, 
 and therefore would abhor and avoid such reading however beauti- 
 fully written. This also may cost you much but it is worth a struggle 
 & far best to turn over to a neio life at once. And now dear Roger 
 I can well indeed understand your feeling out of spirits, for years you 
 have wished to go to India and thought of it as a pleasure — now it 
 is so near many many must be the painful thoughts to quit in the 
 present state of your family; some perhaps you can never expect to 
 see again. Most ardently do I hope at least that God will bless and 
 support you & make Avhat to us all is a great trial tm^n to your 
 sanctification & serve as a means to work out your salvation and save 
 your Soul & ours also — From the move now going to take place in 
 your Regiment I suppose we must expect your departure is not far 
 distant — pray let us know and also when you go to Dublin." Then 
 she says, " Be assm-ed how obliged I feel by your own expression 
 that you hope soon to be all I could wish to see you. I have indeed 
 prayed and longed to see you filled with Religious and noble feelings, 
 and with steady habits, so that all around you hereafter may respect 
 love and bless you — It is ordained by God that a wife should look 
 up to her Husband, oh how deplorable the fate of that being whose 
 life is to be sjDent tied to a man addicted to degrading vices, so dear 
 Roger I trust to your sincerity you never yet have deceived me." 
 That looks as if she was at that time content that if the reformation 
 of his habits should continue as it had begun there should be no 
 obstacle thrown in the way of his marrying his cousin, if both should 
 be of the same mind at the end of the probationary period which had 
 been prescribed. He says in answer : " I am very much obliged to 
 you for the confidence which you place in me. You may fully 
 believe that what I write to you in my private letters is nothing but 
 the plain truth. I have always acted in an honourable Avay towards 
 you, I should think it a disgracehd thing especially as matters do 
 stand at present " — observe those words — " to deceive you in any way 
 about me. I am now, I am happy to say, quite changed for the better. 
 I have given up drinking spirits altogether and I am besides very 
 careful about what qviantity of Avine I drink. I moreover take care 
 of myself which is a thing which I have never done before in my life. 
 I am as you may fancy low in spirits, in mind. It requires a strong 
 determination Avhen a person finds himself low in spirits, not to take 
 to drink as a relieve. It is not without a struggle that the good may 
 have the best, but however I hope with the help of God to keep the 
 promiss whch I have given and to become in course of time what 
 you wish to see me." 
 
 Up to this time the troop to which he belonged had been at 
 Clonmel. I have told you that when Captain Polhill-Turner was 
 sent to Waterford from Clonmel, for some reason Roger Tichl)orne 
 
 'O"
 
 ( 182 ) 
 
 remained with the incoming troop, Avhich was Captain INlorton's 
 troop, the G troop. But in the month of October, between the 20th 
 and 29th, he left Clonmel and rejoined the A troop to which he pro- 
 perly belonged. Here a question arises. The defendant has stated 
 that when Captain Polhill- Turner left the regiment, which he did upon 
 marrying one of the daughters of Sir Winston Baron of Waterford, 
 Captain Bickerstaff, who had been the adjutant previously to getting 
 his troop, came to take command of the troop, and that he, the defend- 
 ant, as Roger Tichborne, handed over the troop to him. Now that 
 is involved in considerable difficulty, There is no doiibt that, 
 although Roger Tichborne remained behind at Clonmel, he at some 
 time between the 20th and 29th of October, rejoined his proper troop 
 at Waterford, but he remained there only until the 14th December, 
 when he got the leave upon which he went to Tichborne at the 
 Christmas of 1851. He never went back to Waterford. Instead of 
 rejoining the troop at Waterford he went back to Clonmel. We do 
 not know why, but he must have had some order to go back there on 
 the expiration of his leave, for Ave find him writing on the 14th of 
 February, the day the leave expired, from Clonmel, and there he 
 stayed, as far as Ave are aAvare, until the troop rejoined the rest of the 
 regiment at Portobello barracks Avith a vicAV to the regiment being 
 converted into a light dragoon regiment for the purpose of their 
 going to India. We find him on his march from Waterford to 
 Dublin on the 15th of March, and on the 26th of March Ave find him 
 settled at Portobello barracks, and, as usual, carrying on his correspond- 
 ence, and it is in a letter of that date, Avhich he Avrites to Mr. Vincent 
 Gosford, that he relates the unpleasant circumstance Avhicli occurred 
 at the Lord Lieutenant's draA\dng-room, of AA'hich he giA^es an account, 
 certainly in very coarse language — a disgusting accident of a gentle- 
 man being taken ill, and Avliat happened to tAvo ladies who were 
 sitting near him, AA'hich I shall not offend your senses by repeating. 
 
 Then there is a letter from Lady Doughty, in AA'hich she refers to 
 one of his old felloAv philosophers at Stonyhurst, namely, Mr. SA\anton 
 Berkeley, and to the report that a visit he Avas about to make to 
 Ireland Avas in consequence of his being in love Avith Lady Emily 
 St. LaAATcnce, one of the daughters of Lord Howth, and Roger in 
 his ansAver refers to it himself. It is important only as shoAving that 
 he remembered perfectly who SAviuton Berkeley was, and must have 
 had some knoAA^ledge of the Lady St. LaAvrence, and must haA'e 
 knoAATi, consequently, perfectly AveU, haAang been acquainted Avith 
 these people in Ireland, that Lord Howth's daughters would not be 
 called either the Ladies or the Misses HoAvth, but the Ladies St. Law- 
 rence. He Avrites to Mr. Gosford, on April 12th, " It is long since 
 I last heard from Lady Doughty. I fancy that she must by this 
 time be back from London. How did she and my cousin get through
 
 ( 183 ) 
 
 the Queen's Drawing Room ? Pray let me know hoiv things in 
 general are getting on at Ticlihorne.^'' That is always the burthen of 
 his letters to Mr. Gosforcl. Let me know what is passing in the 
 interior of the household at Tichborne. He writes also to Mr. Slaughter 
 on that date, and says, " I should feel much obliged if you had the 
 kindness to send me a copy of the draft to study by myself, so that 
 I may fully understand it by the time I see you in London. I was 
 quite surprised to see that you had been able to get those deeds from 
 Mr. Burrow so soon, it is quite a wonder to get anything in the shape 
 of a deed from those great lawyers under six months." He seems to 
 know something about their habits, at all events. I call attention to 
 this, as shoAving that not content with having sent instructions to 
 Mr. Slaughter for the preparation of his will, he wants to have the 
 will submitted to him before it is to be executed — "have the kind- 
 ness to send me a copy of the draft to study by myself." Now there 
 was then no Vincent Gosford at his elbow; he is at Portobello 
 Barracks, Dublin, by himself; there is no one to make suggestions, 
 or to prescribe to him this or that as something to be done — " Send 
 me," he says, " a copy of the draft to study by myself so that I may 
 fully understand it by the time I see you in London." 
 
 Then there is a letter, not of much importance, with this exception, 
 that it was on a passage in this letter that something of the mathe- 
 matical knowledge of the defendant was attempted to be tested. 
 Roger writes to his Aunt on the 17th April from Dublin : " I 
 arrived in my old quarters on the 20"' of March after a very fair 
 journey from Clonmel. I wrote to you when I Avas on the line of 
 March — my letter was written in the beautiful town of Callow. 
 Such a town I never saw You never saw anything like it. Built at 
 the very tip top of a hill remarkably well exposed to the north and 
 east winds. The only fine buildings in the place are the BaiTacks 
 and a very large poor-house Avith more than four thousand tenants. 
 I had a very bad bed made in a conical form and the sheets much 
 too small for the size of the bed — it Avas Avitli the greatest difficulties 
 in the Avorld that I managed to keep myself at the top of the cone 
 and to keep on the sheets on me Avhich were not larger than toAvels. 
 After three hours work I went to sleep, when quite on a sudden 
 I Avas Avaked by a gentle north-east breeze coming fi-om the AvindoAv, 
 which was I must say anything but pleasant considering the lightness 
 of my dress at the moment. It appears by Avhat I could make out 
 at the moment (it Avas then 3 o'clock in the morning) that during 
 the time I Avas asleep the blankets and sheets had rolled in the middle 
 of the room and I had gone the other way all by myself Avhich was 
 not pleasant by such a cold night. Those are the little miseries of 
 human life. Travelling in Ireland is certainly very pleasant, I have 
 not been out much since I arrived in Dublin. I Avent to the
 
 ( 184 ) 
 
 S'. Patrick's Ball, it Avas very crowded but nothing to what was 
 expected. Our Colonel and Major Avent there in the new Uniform 
 which attracted as you may fancy great attention in the room 
 I met there C. Bellew and S. Berkeley both having the Militia 
 disguise on for the occasion BelleAv has I am sorry to say broken 
 his arm out hunting some time ago, he has not such a luck as I have. 
 He unfortimately killed his horse at the same time, as a true sports- 
 man he cut his horse's head off and brought it to Dublin to be stuffed 
 wrapped up in brown paper to the great astonishment of all the 
 waiters and housemaids at the Gresham Hotel." In a letter of 
 April 22nd to Lady Doughty he mentions : " I saw Lord and Lady 
 Bellew Avhen they Avere in Dublin Avith C. BcUcaa, they Avere kind 
 enough to ask me to go and spend some time Avith them at Barmeath 
 but I was not to my great regret able to accept their kind in\dta- 
 tion." 
 
 Now you knoAv one of the tests supposed to have been supplied by 
 the defendant to satisfy Mr. Hopkins of his identity was a letter he Avrote 
 to that gentleman having reference to a Miss Bellew in Ireland. The 
 only persons of the name of Bellew who are mentioned in Roger's 
 letters at all are Lord and Lady BeUew and their sons and daughters, 
 and there could not be any attachment or intimacy on the part of 
 Roger AA'ith Miss Belle av Avithout there being some communication 
 or some intercoiu-se Avitli the Bellew family. So far as I can make 
 out it Avas only in Ireland that he could \'isit them, and only on one 
 occasion that he actually did go to Barmeath and make a visit there. 
 On the occasion of this last invitation he could not get leaA^e. He 
 iiirther says : " I have also seen S. Berkeley, I don't knoAV if his visit 
 to Ireland Avas only caused by his loA^e to Lady C. St. LaAvrence, 
 I think that his love is Avhat is generally called I'amom- qui presse, 
 I dont think he has yet succeeded in catching I'amoiu' qui reste, that 
 one is a little more difficult to find out than the other." 
 
 A subject noAv tiu'ned up again which Avas a A^ery sore one with 
 him : his uncle again wished to get him to consent to the sale of 
 Upton, and Mr. Gosford had been commissioned by the uncle to 
 write to him on the subject. He writes a private and confidential 
 letter to Mr. Gosford, in reply, and another letter AA^iich Avas to be 
 shoAA^n to his uncle. In the priA^ate letter he uses very strong 
 language. " In reply to your letter Avhich I received few days ago, 
 I have only to ansAver that I never heard of a family Avhere selfish- 
 ness (excuse the expression) is kept on Avith such a AA'onderful perse- 
 verance. I never could have thought that after having granted to 
 my family all Avhat they have asked of me in deeds and settlements 
 they would repeatedly come and anoy " — written with one " n " — 
 upon the subject you allude to in your letter. I never could haA'e 
 fancied that they Avould shrink before the trifling expence of a fcAv
 
 ( 185 ) 
 
 hundred pounds after all the money which I have allowed them to 
 raise upon the property, for Avhich I derive no benefit whatsoever but 
 the pleasnre and trouble of paying for it. But, hoAvever, as the old 
 saying is, the best school for knowledge is experience. I hope, in 
 future, to act upon my first one. I have enclosed in my letter a copy 
 of the note which I found in yours. I dare say that you Avill find 
 few improvements, but it cannot be helped. I heard this morning a 
 report that we Avere to give up our horses next Aveek. May the 
 report prove time." " P. S. Pray let me know by return of post Avhat 
 effect my letter has produced." Then this is the letter which was to 
 be shoAvn. " Dublin, April 30'", 1852. My Dear Sir, In reply to 
 your letter which was A\Titten by my uncle's Avish, I cannot but 
 express my surprise to see a subject alluded to which I had every 
 reason to believe had been settled about a year ago when the settle- 
 ments were talked over. I agreed that the heaA^ debts which Avere 
 on the Upton property should be charged on the Doughty Estates " 
 — that is the 13,700/. Avhich still stood on mortgage — " Why, if it is 
 let it is no expense, but in all cases it is not a very expensive place 
 to keep. I am very sorry that I find myself under the necessity of 
 stating that it is not my wish, and that I cannot give my consent to 
 have the place sold." Afterwards, writing to him, he says : " I liaA^e 
 long been expecting a letter fi-om you to let me knoAV Avhat effect my 
 last letter has produced. I don't think if I can judge by appear- 
 ances that I shall be again troubled on the same subject." That is 
 about Upton. 
 
 It appears that about this time he had had some illness. Lady 
 Doughty, AA'ho was at that time in London, writes to him from the York 
 Hotel, Albemarle Street. " As by a letter from your father for- 
 Avarded to-day to me from Tichborne, I am aAvare he has written to 
 you respecting your health I noAv AAT:ite also, for I Avaited for this, 
 for alas ! I Avas Avell aware also of the report that you have had 
 another attack of your chest and that the surgeons think India will 
 be most dangerous if not fatal — do dear Roger let me know the real 
 truth, for you knoAv Avell both my solicitude and love for you, do then 
 tell me really and AATite directing here to me, for we possibly may 
 remain longer and at any rate till next Tuesday. I assm-e you the 
 thought of you damps feelings of gaiety, though there is much going 
 on in toAvn, and Ave had required a little change of scene, though 
 I am happy to say I left your uncle much improved. I cannot 
 express how anxious I am to hear from you and what you intend to 
 do?" This seems to have irritated him. Nothing; seems to have 
 exasperated him so much as people saying anything about his health. 
 Whether he thought his aimt coupled his ill health AAuth bad habits 
 I do not know. He AA^ites on May 16th to Gosford : "My dear 
 Sir, — In reply to your letter Avhich I received yesterday, I have only
 
 ( 186 ) 
 
 to answer that it is very disagreeal)le that persons shoukl go and 
 write to my father and mother about things they know nothing about, 
 and throw by wdiat they say in their letters trouble and anxiety in 
 their minds. I am sure that if D'. Brown " — he seems to have 
 thought that Dr. BroAvn, Avho is, I believe, now a Catholic bishop, 
 was the mischief-maker, and kept his aunt informed about things 
 appertaining to him which he would have wished left imknown — 
 " I am sure that if D^ Brown instead of writing about persons and 
 things he knows nothing about minded his own business it would be 
 by far better in every respect. I fully intend writing to him as soon 
 as I have been able to find out his direction to inquire who has given 
 him right to write about me, and in future if he fancy doing so to 
 try to get some better information. (If you would give me his 
 direction I would feel obliged) It is Avonderful that I have very 
 seldom come within the reached " — instead of " reach " — '' of a priest 
 or Bishop that they have not done me some mischief or other. It is 
 one of the reasons why I so very seldom go near one. It is fully my 
 determination to go to India loith my regiment. I have written a 
 letter to my father in answer to his to that effect and moreover 
 repeating that my mind was so fully made up upon the subject 
 that I wished the subject not to be mentioned again. I hope that 
 my letter has been understood and that I shall hear no more about 
 it." In the same way he writes to his aunt : " In answer to 
 yoiu' last letter which I had the pleasure of receiving yesterday 
 I have only to answer that I regret very much that persons who 
 spread those reports about my illness have not taken the trouble 
 to get better information. I had it is true an attack similar to 
 the one which I had last year at Waterford, but not by far so 
 severe." Captain Polhill-Turner, you recollect, told us that when 
 with him at Waterford, between November and December, he had a 
 bad attack, for which he was bled— another of the instances in which 
 they took blood fi'om this young man, who had none to spare. Then 
 he says, " It was caused by my stomach being out of order." That 
 was referred to as a coarse expression, to be placed in the same cate- 
 gory as the celebrated letter of the defendant about Rous's pill, Avhich 
 I dare say you have not forgotten. It does not strike me in 
 that way. When a man has been thought ill, and he is asked 
 about it, and he says, " There is nothing serious the matter ; my 
 stomach has been out of order" — I hope I have as much delicacy as 
 most people, but it does not strike me as it did the learned counsel 
 that there is any coarseness or indelicacy in the expression — He goes 
 on : " The Doctor gave me some physic which I was in want of, and 
 which got me all right again in the course of two or three days I 
 know the person who has taken so much trouble spreading the report 
 about If I knew his directions I would write to him to request that
 
 ( 187 ) 
 
 in future if lie takes a fancy to write about me to my Father, he will 
 take the trovible of getting better information before writing and not 
 throw my Parents in such a state of anxiety about me without any 
 justifiable cause. I am sorry my Dear Aunt that my ideas of leaving 
 the Army or staying at home do not coincide with the one of my 
 Father and family, it is fully my determination to go abroad with my 
 regiment. I have written a letter to that effect to my Father some 
 time ao-o in answer to his last." In like manner he writes to 
 Mr. Danby Seymour, Avho had also written to inquire about his 
 health, and writes in the same angry way about the person who had 
 set the reports going. Then he says: "Dublin has been remarkably 
 gay for the last three weeks. I have been to balls and parties almost 
 every day during that time. I have met a gi'cat many persons who 
 I knew when I Avas quartered in Dublin before which made it very 
 pleasant for me." This shows that at the time of this second visit to 
 Dublin he was entering into society Avith the alacrity and sense of 
 pleasure which society and amusement generally gives to a young 
 man. Then there are some more letters of Lady Doughty 's of the 
 same kind as her former ones ; but up to this time, the middle of 
 1852, 1 see very little to shoAV that she was at all hindei-ing him from 
 entertaining the fair and reasonable hope and expectation which his 
 uncle's consent to the engagement betAveen him and his cousin had 
 been calculated to engender in his mind. The last letter I have from 
 Ireland is dated May 31st, which is the day before the regiment left 
 Dublin for the pm-pose of going to Canterbury. He writes to his 
 mother, who also had been writing to him about his health : " You 
 ought not to make yourself unhappy about me I enjoy a very good 
 health, I am very sorry that D^ Brown before Avriting to you did not 
 take the trouble before writing of getting better information, I have 
 had the opinions of the very best doctors in Dublin and they all told 
 me that there was nothing whatsoever the matter with me, so I wish 
 my Dear Mother that you set your mind at ease about me." Then 
 he says : " I have not been able to see Lady Bellew since I received 
 your last letter, she has not been in Dublin for some time. I went 
 some time ago to spend the day with Lord and Lady Bellew at 
 Barmeath. They had the kindness to ask me to spend some time 
 with them there, but I was sorry not to be able to spend more than 
 a day there. I was sorry that you have not been able to see Edward 
 Bellew, he is a nice sort of young man. I have been lately to a 
 great many balls and parties, which has made my time pass on rather 
 quickly." Then he says : " I hope that you feel yourself better at 
 present and that you take more care of yourself. It is certainly a 
 great misfortime that you will not take any of the doctor's advice, in 
 your state of health you would find yomrself by far the better fr-om 
 it. I shall write to my father soon after my arrival at Canterbury,
 
 ( 188 ) 
 
 we will be some time to arrive there as we are going all the way by 
 sea which Avill take lis tAvo or three days. We are to land at 
 Hearne's bay Avhich is the nearest port to Canterbury it is only 7 
 miles distance." 
 
 Herewith closes the Irish correspondence. You will form your 
 own judgment as to whether the letters received from Lady Doughty 
 in answer to his own on the subjects to Avhich those letters related 
 are such as would be likely to leave a lasting impression on the 
 memory of the man who received them. It strikes me as being one 
 of the most important questions in this case. His memory must 
 have been either very bad naturally, or have been one upon which, 
 as it seems to me, time or circumstances must have made sad in- 
 roads, if that correspondence could be so entirely obliterated from it 
 as to leave no trace behind. Of that you will form your own judgment. 
 It certainly is a striking fact that the defendant on his cross-examina- 
 tion exhibited total ignorance of a correspondence of this nature. 
 
 Removal to Gentlemen, we have now done for the present with the life of 
 
 Canter ury. Jj^Qger Tichborne in Ireland, and I come to the second branch of his 
 history as connected with his time in the army, namely, the time he 
 spent at Canterbury. He arrived at Heme Bay on the 4th of Jime, 
 having left Dublin on the 1st, and marched immediately for Canter- 
 bury. Up to that time it had been thoroughly imderstood that the 
 regiment was to leave England; they had been converted into light 
 cavalry, the horses had been sold or drafted into other regiments; 
 the men too heavy for light cavalry had been drafted into other regi- 
 ments ; those not fit for service in India had been got rid of. On 
 their arrival they were informed that the order for India was counter- 
 manded, and that the regiment was to remain in England. The 
 horses were to be got back, the men who had been drafted into other 
 regiments were to return, and the regiment was to remain as it had 
 been, a regiment of heavy cavalry. Immediately on his amval at 
 Canterbury, Roger is greeted by a letter fi'om Lady Doughty, who 
 begs him to come and see them at Tichborne ; she says that she and 
 her daughter are about to go to London, but that they would make 
 their arrangements subservient to his ; so that all things seemed 
 pleasant and smooth in that quarter. He Avrote on the 5th to say it 
 was impossible for him to say when he would be able to obtain leave ; 
 but begs it may not interfere with their movements; " I shoidd be 
 sorry," he says, " if my movements interfered in the least with yours." 
 Then Lady Doughty WTites to say they are coming to London, where 
 they have various engagements, and trusts he will come up to town 
 to see them ; and he does so. He is in London on the 8th ; and the 
 first thing that appears to have occupied his mind after his arrival at 
 Canterbury, was the completion of his wall. He Avrites to Mr. Gos-
 
 ( 189 ) 
 
 ford on the 9th of June — " It is some time since I last received a 
 letter from yon. I went up to London yesterday. I went to see 
 Mr. Slaughter. I settled Avith him all about my Will. It will be 
 ready for my signature on JNIonday, the 14th of this month. An 
 order came this morning for us to get back our horses, we are not it 
 appears to go abroad for two years, at least all the volunteers are to 
 be sent back to their reg'*. It is undoubtedly the greatest shame I 
 ever heard of, after having been put to such an expense. We have 
 been oblio;ed to sell our horses to get the Indian outfit. Noav Avliat 
 are we to do with all that I cannot say. I have nearly made up my 
 mind to exchange and go abroad for two years and leave the army at 
 the end of that time. I have been since I came to England in a 
 great state of mind. I don't know what to make out of aU this. I 
 don't know what to do, to go abroad, stop in England, or leave the 
 army. I am really disgusted with aU this. I don't know what on 
 earth to do. I shall nevertheless make some enquiries about an ex- 
 change." On the 10th he A\T:ites to his aunt and says, " I have not 
 been able to obtain leave on Monday to go to the ball as I wished on 
 account of that day being the 14"^" — It was the night of the Cale- 
 donian Ball, and they Avanted him to come up to it — " I have never- 
 theless forwarded my application for leave from the 15*'' to the 22'"* 
 of this month. I have no doubt that I shall obtain it as the Colonel 
 Avill forward it to night. I have been obliged to apply for leave 
 sooner than I intended on accoimt of the horses coming back to us 
 towards the latter part of this week. When the horses Avill be back 
 it w411 be quite impossible for us to obtain any kind of leave whatso- 
 ever." That is an observation to be noted, because it shows us he is 
 not likely to have been away later than the time Avhen his leave from 
 the 15th to the 22nd expired. 
 
 He was in London on the 9th, and saw, of course. Lady Doughty 
 and his cousin ; and it is evident from a letter I am going to read to 
 you, that he must have had some conversation Avith Lady Doughty 
 on the subject of her daughter. Whatever may have been her state 
 of mind at the commencement of the year, AA'hen the scenes of 
 January and February took place, it seems that at this time Lady 
 Doughty desired to oppose and prevent the mamage if she could. 
 She had heard reports about Roger that were not satisfactory to her, 
 and though she Avas not prepared to break the thing off, she seems to 
 liaA^e been desirous that it should remain on this vmcertain footing: 
 that while Koger should pledge himself to be ready to marry his 
 cousin if at the prescribed time his cousin's mind should be in the 
 same state, yet it was to be perfectly understood that Miss Doughty 
 was under no pledge whatever, and that if any eligible offer should 
 present itself fi-om someone else. Miss Doughty should be at liberty 
 to accept such offer. I cannot help thinking that Lady Doughty
 
 ( 190 ) 
 
 had tlie wisli in her mind, although she may not openly have ex- 
 pressed it, that some better offer might present itself. She was very 
 fond of Roger, and loved him with a sort of motherly affection, but 
 she had no confidence in him. At the same time she was not pre- 
 jiared to break off with him altogether; on the contrary, in case her 
 daughter should not change her mind, and at the end of two years 
 Koger should show that his conduct Avas such as that she could have 
 faith in him, she wished to keep him in reserve. She reasoned thiis: 
 " If Katharine does not find anyone she likes better, and her affections 
 continue to be fixed on Roger, and we are satisfied that Roger's con- 
 duct gives confident expectations of his leading a steady life in the 
 time to come, well and good ; but if in the mean time Katharine 
 should see somebody whom she shoidd like better, so much the 
 better." That, I think, from the two or three letters I am about to 
 read to you was plainly the state of Lady Doughty's mind: she was 
 playing fast and loose with poor Roger. Mothers, we know, where 
 daughters are concerned, will sometimes diplomatise, as Roger after- 
 wards calls it. What she wanted to do was to hold Roger in reserve, 
 while Miss Doughty shoidd be unpledged, if any other eligible offer 
 should present itself Thus Miss Doughty Avould be left without any 
 distinct pledge, and her parents would be equally free fi'om any 
 pledge, so that they might be at liberty to withhold their assent to 
 the union of the two cousins. Lady Doughty writes to him at 
 Canterbury a letter of the lltli of June: " I have had such a succes- 
 sion of Visitors to day that I can scarcely find time or head to answer 
 you as I coidd wash, but let me first entreat you not to take any step 
 in a hurry, but thoroughly weigh over every reason for and against 
 so decided a step as an exchange Avhicli would throw you completely 
 back in your career in military life." At this time the order for the 
 regiment to go to India had been coimtermanded. Roger still pro- 
 posed to go to India; either he was possessed with the idea that 
 rather than let him go to India they would consent to the marriage 
 immediately, or he desired it to pass the time in the interval, or to 
 drown the sense of his disappointment in active service and the sight 
 of foreign lands. — She continues : " The chances are greatly in your 
 favour with only two above you that you woidd soon have your com- 
 pany, so do NOT hurry into a step you may regret. Now once for 
 all never think I can be offended by your asking me any questions, 
 I love you too sincerely, my heart did bound with joy to see you 
 again after all I have suffered with the thought both of your illness 
 & of perhaps having to part for life — therefore I coidd not but feel 
 joy when your Regiment was stopt & I saw you again. Now to 
 answer your questions as to our being reserved to you? & secondly 
 as to the Reports I have heard" — She had heard things I suppose to 
 his disadvantage, and he had asked her what were the reports she
 
 ( 191 ) 
 
 had heard — " I feel the difficulty of answering because we are all in 
 a false position towards each other which ought to be cleared, no 
 party really knowing the exact position or present feeling of each 
 other nor can this be cleared partly by anyone but yourself — & my 
 part is not difficult & I must now trust to your honourable feelings & 
 write the truth. The world has given out so decidedly that yovi and 
 your cousin are engaged, that though we conti'adict it (for you know 
 there is no Engagement)" — There was no positive engagement, it is 
 true, but there was what we lawyers might call a quasi engagement, a 
 sort of conditional engagement, that if both were in the same mind two 
 years hence, and there was no objection against Roger personally, 
 the prohibition should be Avithdrawn. It Avas not an engagement, but 
 something very like one ; though Lady Doughty, in point of exact 
 language, was entitled to say there was no engagement — " still it has 
 prevented any one coming forward & in fine the report has met us 
 every where & must perhaps have caused reserve. Now in reality 
 neither oi you^'' — that is, neither he nor her daughter — "have made 
 up your minds to any final decision" — I should have thought from 
 what Roger has written, and what Miss Doughty, now Lady 
 Radcliffe, has told us, that if they had been left to themselves they 
 Avould not have been very long in coming to a final decision — " But 
 now in reality neither oi you have made up your minds to any final 
 decision but it would be but sincere & honourable & a guide if you 
 candidly told me {in confidence) your wishes" — that is to say if you 
 will tell me that you desire to many my daughter and will marry her 
 at the end of the time prescribed if she is willing and Ave consent — • 
 " Recollect howcA-er that Ave have no reasons as yet to think that the 
 resolutions against drink have been kept if any persons or circum- 
 stances have power to draAv you into it; moral courage should rise 
 above the temptation." Then she goes on to the subject of reports. 
 *' I have no reports to repeat more than of course your illness has 
 been said to have been caused by smoking & the usual attendant 
 drink. You deceive yourself I fear & in reality take more than you 
 think — be that as it may, Avithout a real religious feeling to guide 
 you, you Avill throw life aAvay & ruin your OAvn happiness in this 
 Avorld & in the next. Still dear Roger, tho' your constitution has 
 receiA^ed great shocks — a resolute change of habits might save you, 
 but it must be, be assured, entire change — it is a crisis in your life — 
 do reflect, and when you speak to me do it cpenly & sincerely — this 
 I feel your oaati sense of honor should dictate & then be assm-ed I am 
 your affec'*'* Armt & sincere fi^-iend Katharine Doughty. When 
 you Avrite or speak to me it should be Avithout reserve & perfect 
 candour; the future is too much at stahe for mystery." Now, all this 
 language I understand to mean this : explain yourself perfectly to me 
 that I may thoroughly understand you, and that you may stand
 
 ( 192 ) 
 
 pledged to me; but observe, we do not at present at all admit that 
 the conditions have been ftilfilled, or that we are under any pledge to 
 you. 
 
 Then he writes this letter in answer on June 12th: "My Dear 
 Aunt I shall do all that I can to answer your last letter which I had 
 the pleasure of receiving this morning with the same confidence wdiich 
 you have showed me and for which I feel very grateful. You may 
 rest assured that Avhatever confidence you may place in me is quite 
 safe and that I shall always do what I can to make myself worthy of 
 it. I don't know what has given rise to the different reports to 
 Avhich you allude to in your letter." — One of the curious peculiarities 
 of Roger Tichborne is the use of the preposition at the beginning of 
 the sentence and the end of it. He might have adopted one of two 
 Avays of writing. " I don't know Avhat has given rise to the different 
 reports to Avhich you allude in your letter," or " I don't knoAv Avhat 
 has given rise to the different reports Avhich you allude to in your 
 letter," but Eoger Tichborne constantly uses the preposition both 
 before and after, and he does so here. — " I have never told anybody 
 whatever what engraa^ements miffht or mio-ht not exist between me 
 and my cousin. I have certainly my reasons for suspecting some 
 persons who spread those reports about for the sake of doing 
 mischief. But persons who take so much trouble in meddling in 
 other persons business are those, generally speaking, who knoAv less 
 about it. It is I must acknowledge rather disagreeable for you and 
 for another person" — that is, of course, Miss Doughty — " For my 
 own part it is not so much so. I must confess my mind is fully 
 made up and I am quite ready to hear anything for or against it, 
 because I am Hilly aAvare Avliat persons Avho spread reports of that 
 natvn-e are Avorth. For my OAvn part My Dear Aunt I have told you 
 last winter I dare say that you liaA^e not forgotten the day (January 
 4**^ 1852] AAdiat I said on that day I had been long to think about 
 it and to take my final determination. I studied my oaa'u lieai't 
 and feelings. I saw quite plain that I had habits Avhicli you or any 
 body else could approve of" — the "not" is left out; it should be 
 " could not approve of" — " I knew quite well that I had strength of 
 mind to correct those bad habits, though the task was not an easy 
 one, but I thought tAvice over before I could make my mind up to 
 let you knoAv Avhat my feelings Avere (I think it more honourable to 
 acknowledge my oaati fiiults though it is to my own confusion). When 
 I Avas quartered at Waterford all by myself Avith some fcAv Infantry 
 officers we did not know AA^iat to do Avith ourselves all day long, so 
 AA'hen we used to assemble together in the Evening we used to drink 
 very hard only for the sake of spending the time for nothing else. 
 It brought on me, as could be expected, a Aaolent illness AAdiich not 
 being jDroperly cured came back again AA'hen I Avas in Dublin."
 
 ( 193 ) 
 
 Remember, his stay at Waterford preceded his visit to Tichborne in 
 the beginning of 1852, and therefore the transgression he speaks of 
 there, drinking to excess, Avas before he made that promise to his 
 consin. " Since I came back from leave it has been my daily study 
 to try to improve. I don't drink any thing to what I used to drink 
 formerly. I have I can say improved in many other respects. What 
 has taken place during the latter part of the time Avhich I spend at 
 Tichborne you will, I dare say remember it so as to make it unneces- 
 sary for me to write it over again. What affection I have felt for 
 my cousin when I Avas at Tichborne instead of decreasing are much 
 stronger than they ever Avere. Whatever the case may be now or in 
 the future I shall alAA^ays be but too happy to do anything to please 
 and oblige her in any Avay Avliich I have it in my poAver though 
 I shall be most likely far aAvay very soon. If you hear any more reports 
 going about you may rest assm-ed that they never come from me. 
 But hoAvever my Dear Aunt I am in hopes of making an exchange 
 in the 12"' Lancers at the Cape of Good Hope before long. I shall 
 remain there most likely tAvo if not tAvo years and a half — If my 
 Cousin has not changed by that time, then Avhat can be done Avill be 
 decided at once — I hope and trust My Dear Aunt that you think 
 that I have acted in an honourable manner at least such has always 
 been my wish. As I am not yet very sure of being in London on 
 Tuesday if you ansAver me it Avill give me much pleasure, or if you 
 like better to Avait till I come but do as you please. If you Avish me 
 or if you like to give out yourself any final decisions about me and my 
 Cousin, I shall do so, or you are at liberty of doing it yourself, but 
 hoAvever I leave all to you. I hope and trust my Dear Aunt that 
 I have not offended you. If I have done so I am very sorry for it. 
 I rely on your word of honour to keep every Avord contained in this 
 letter a perfect secret to every body and moreover to burn the letter 
 as soon as you have read it." Noav he does not give there a specific 
 answer as to Avhat his intention is or Avhat he Avill pledge himself to 
 Avith regard to marriage Avith his cousin, but he says, " you knoAv 
 perfectly Avell AA-hat passed Avhen I was at Tichborne at the com- 
 mencement of the year: I then explained my feelings to you and 
 I refer you to Avhat I said then. You are at liberty to give out any 
 final determination you please to the AA^orld that my cousin and I are 
 engaged, or I Avill do it if you like." 
 
 On the 13th he Avrites to Gosford about his will. " I w^ent to 
 London last Wednesday for the day" — that is the 9th — " I saAv 
 jNIr. Slaughter. I read my Avill over Avitli him. I Avas certainly 
 much pleased Avith it as it expressed exactly what I Avished. It aa^II 
 be, I am happy to say ready for my signature on Tuesday" — that 
 Avould be the 15th of June — " It Avill be a great comfort to me Avhen 
 that deed will be signed and settled. I saAv Lady and Miss Doughty 
 
 o
 
 ( 194 ) 
 
 Avlien I was in London. My Cousin seemed to enjoy her stay in 
 ToAvn very mucli." Then he says, " I had not time to call on any 
 body but the Seymours I had much business to do." Then he 
 talks about other things in town, and he tells Gosford to send his 
 letters to Lady Doughty at the York Hotel. " I shall always 
 be sure to find them there. I am at present in that happy state of 
 mind that I don't know what to do. I tried to get an exchange few 
 days ago but I could not succeed in it." 
 
 So matters stood Avhen he came up to London on the 15th of June. 
 Lady Doughty had come to town with her daughter for a little 
 amusement, and Roger appears to have accompanied them on all 
 occasions, going with them to places of public entertainment, and 
 going out Avitli them of an evening. Everything seems to have 
 passed most agreeably and pleasantly. I daresay Roger did not en- 
 tertain the least apprehension of having his relations Avith his cousin 
 brought to the speedy termination which was shortly afterwards 
 to ensue. He was to have stayed in town till the 22nd, his leave 
 expiring on that day. But on the 19th there came sudden tidings 
 that Sir Edward, who had remained at Tichborne, was taken seriously 
 ill, and the result was that the stay in London was brought to an 
 abrupt termination. It was necessary that Lady and Miss Doughty 
 should return to Tichborne ; Roger was asked to accompany them 
 and stay there the remaining two or three days of his leave ; accord- 
 ingly, on Saturday the 19th, they went down to Tichborne. It 
 turned out that Sir Edward's illness was not of the serious nature 
 apprehended, and he very soon got better. They arrived there on 
 Saturday the 19th. Roger stayed Sunday and Monday, the 20th 
 and 21st, and on the 22nd he left Tichborne. One of the questions 
 in this case, and an all-important one, is, whether he ever set foot 
 Avithin the walls of Tichborne again. There is the oath of Lady 
 Doughty, Lady Radcliflfe, Mrs. and Miss Nangle, Avho were staying 
 in the house at Tichborne, and of Mr. Gosford, who was at Tich- 
 borne every day, and knew aaIio Avas there and who Avas not there, 
 that he never went back to Tichborne after that day, the 22nd. 
 You AA'ill have to make up your minds on that point. The defendant 
 has stated that he Avas there either in July or August. As to that 
 you must judge fi'om the CAadence of the Avitnesses I have just been 
 referring to, and the correspondence, AA^hich is of very vast importance 
 in respect to this question. 
 
 But a very important matter occurred during Roger's short stay at 
 Tichborne. It seems that the tAvo cousins thought it desirable that 
 an attempt should be made to persuade the father not only to alloAV 
 the subsisting relations betAveen them to continue, but also to abridge 
 the probationary time, till the expiration of Avhich the union AA-as not 
 to take place, and to alloAA' them to marry at once. Probably, if they
 
 ( 195 ) 
 
 had married at once, lloger would liave given np all idea of going to 
 India or anywhere else Avith his regiment, or of exchanging into any 
 other regiment; he would have left the army. But Sir Edward 
 Doughty was firm on the point. Very likely he spoke to Lady 
 Doughty, who took good care to keep him up to the mark, and his 
 answer was that they must Avait. Lady RadclifFe has given us her ac- 
 count of what passed. She says that after they had spoken together, 
 Roger applied to her father to induce him to withdraw his prohibition 
 and consent to their marriage at once, but he refused, I take for 
 granted that some conversation must have taken place on the subject 
 between Roger and Lady Doughty, and that Lady Doughty must 
 have given him a promise to write to him more fully on the subject, 
 and that this led to the letter of the 1st of July to Avhich I am about 
 to call your particidar attention. Until this evidence was given by 
 Lady Radcliffe, and I w^as aware of the fact that Roger Tichborne 
 had made a further application to his uncle to abridge the period of 
 probation, and to consent to the marriage at an earlier period, 
 I confess I was unable to understand the letter of the 1st of July, 
 but with that explanatory evidence the letter becomes perfectly 
 intelligible. 
 
 Lady Doughty at this time was unwilling, I cannot help thinking, 
 that the man-iage should ever take place. It went against the grain 
 with her. Still Sir Edward had given his conditional assent, and if 
 Roger had waited the prescribed time, and when his cousin came 
 of age she had said, " I still love Roger, and still desire to marry 
 him," and if Roger had continued to lead a reformed life with refer- 
 ence to abstinence from drink, in all probability the marriage would 
 have taken place; but by seeking to precipitate things Roger only 
 defeated his purpose, and brought disappointment on himself; for 
 Lady Doughty, seeing how fast he was desirous the thing should go, 
 interfered, and used her influence with Sir Edward, and not only put 
 an end to all notion of a marriage at an earlier period than had been 
 fixed, but while she wanted Roger to give a more express pledge 
 than he had given in the prior letter, distinctly gave him to under- 
 stand that his prospect of marrying her daughter was altogether 
 a pi-ecarious one, and that while on the one hand he Avas to pledge 
 himself, her daughter was to be at liberty to make choice of any one 
 else if she saw any one she preferred to him. Before he left, and 
 after the interview Avith his uncle, Roger must have had a conversa- 
 tion Avith his aunt, Avhicli I dare say Avas not a A^ery faA^ourable one ; 
 but still, not haAdng his hopes so crushed as they were by the sub- 
 sequent letter, he produced and gave to his cousin, Avhile Avalking 
 Avith her by the water-side, as she described to us, the paper of the 
 22nd of June, in which he records a second time the vow to the 
 Virgin to build a church in her name and honour, in the event of 
 
 o2
 
 ( 196 ) 
 
 the union with his cousin taking place. Xo doubt whatever can be 
 raised as to the genuineness of that document; and it tends to con- 
 firm what Gosford has told us as to a similar document having been 
 lefl with him in the early part of the year. 
 
 Leaving Tichborne on the 22nd of June, Roger returned to Can- 
 terbury. According to the vicAV last propounded by the learned 
 counsel for the defendant, but Avhich certainly Avas not the original 
 statement of his client, it was on the occasion of this visit between 
 the 19th and 22nd that the seduction of his cousin took place. For 
 this he refers among many other things to a letter written by Roger 
 upon his return to Canterbury. He says that Roger, having seduced 
 Miss Doughty, was, of course, in a bewildered state of mind, and 
 that that state of mind is shown by what he wrote immediately after- 
 Avards on his arrival at his quarters. On the 26th he Avrites thus to 
 his aunt: " I have been in such a state of confusion ever since my 
 arrival at Canterbury that it has been quite impossible for me to 
 write to you." This, says the learned counsel, was a state of con- 
 fusion arising fi-om the disorder into which his mind had been thrown 
 by the consciousness of having committed a great crime, of having 
 sinned against hospitality, and against honour ; after which it is not 
 to be wondered at that he was in a state of confusion ! If the 
 learned counsel had turned over the page and come to the next letter 
 — I do not know Avhether he did — it is a pity if he did not — he 
 Avould have found that there the confusion becomes perfectly ex- 
 plained. Not that it ever occurred to me or would have done so, I 
 think, to any right-minded person, that the " confusion " spoken of 
 was confusion arising from the cause to which the learned counsel 
 referred ; but the next letter clears the matter up. He writes on the 
 very same day, the 26tli of Jime, to Mr. Vincent Gosford, excusing 
 himself in like manner, for not having wi-itten an accoimt of this 
 state of confusion. Confusion from what? — " I have been ever since 
 my arrival in Canterbury in such a state of confusion" — exactly 
 the same words — " on account of changing my quarters " — not con- 
 fusion of mind, therefore, but confusion of furniture, boxes, and 
 things which had arrived from Ireland and were being set to rights ; 
 arranging stables for his horses and things of that sort. If the 
 learned coimsel read that second letter I can only say I do not 
 think it was consistent Avitli forensic propriety to refer to the first, 
 Avhich is capable by possibility of a twofold interpretation, and to 
 omit to refer to the second, which clearly explains what was meant 
 by it. The letter to Gosford is as folloAvs : " I have been ever since 
 my arrival in Canterbury in such a state of confusion on account of 
 my changing my quarters that it has been quite impossible for me 
 to write to you sooner to enquire how things in general are going 
 on at Tichborne. I am in hopes of hearing fi-om Lady Doughty
 
 ( 197 ) 
 
 soon. I hope that she Avon't show too much diplomacy in her letter: 
 things are much too near a crisis for it, and, moreover her ladyship 
 is rather a poor politician, I can see through it quite clear as most 
 likely you can Avithout much difficulty. I should feel obliged if you 
 had the kindness to ansAver me by return of post to let me knoAv 
 hoAv things stand at present, as it is of great importance to me at 
 present." At the end of that letter there is a passage on AA'hich 
 Dr. Kenealy enlarged much. He says, hoAv could this man have 
 any love for his cousin ? He had just left her society, and he Avrites 
 to Gosford to send him a French Avork Avhich he says he bought in 
 London and had forgotten at Tichborne. The Avork is called Mon 
 Vuisin Raymon in four A^olumes. " You Avill find it in my sitting 
 room." NoAA^, says Dr. Kenealy, Mon Voisin Raymond is one of 
 Paul de Kock's novels; being one of Paul de Kock's novels it is, of 
 course, an indelicate and immoral Avork. I do not knoAV. I dare 
 say the learned counsel knoAvs better than I do, if it is such a AA'ork 
 as he describes. I have not read it. 
 
 By a Juror : Was not that one of the books he read an extract 
 from ? 
 
 The Lord Chief Justice : I think that Avas from Frere Jacques: 
 I am not sure. At that time Roger Tichborne had gone aAA^ay 
 believing that although he AA-as not alloAved to marry his cousin at 
 that time, yet the time Avoidd come Avhen there Avould be no reason- 
 able or just cause to prevent his marrying her if she did not change 
 her feelings toAvards him. Perhaps it Avould have been better if he 
 had passed his leisure moments in thinking of her, or reading better 
 books than Mon Voisin Raymond, but I do not knoAv that Ave 
 should assume that because a young man reads Paul de Kock in his 
 leisure hours, and finds some amusement in the racy humour of the 
 author — for though that humour is contaminated by coarse inde- 
 cency, still the humour is there, Paul de Kock being spoken of as 
 one of the most humorous of Avi'iters — I do not knoAv that Ave are to 
 assume that such a man is thoroughly unprincipled and profligate, 
 Avhich is Avhat the learned counsel has sought to put into your 
 minds. You must judge. 
 
 On the 30th of the month Roger Avrites again to Gosford : '' I 
 don't knoAV AA'hat is going on at present at Tichborne. I liaA^e not 
 heard fi-om that part of the Avorld since I left. I don't intend Avriting 
 there again till I hear from Lady Doughty. I feel very anxious to 
 receive a letter from her because I am at present at a stand still 
 Avhich is not pleasant." This passage seems to shoAv that he had 
 been led to expect a communication from Lady Doughty, Avith refer- 
 ence to Avhat had recently passed at Tichborne. Lady Doughty
 
 ( 198 ) 
 
 had evidently promised to write to liim Avliat were the views of her 
 husband and herself on the subject of his marrying at an earlier 
 period than the time Avhich had been named. This she does in her 
 all-important letter to him of the 1st of July. " I thank you for 
 your kind letter and should have answered immediately, only your 
 uncle wished for full time to consider over all that has passed " — that 
 is Avhat had passed at the commencement of the year and what had 
 passed at their recent conversation — " and though it is a painful task 
 to write what may give you pain, it is no use delaying longer Avithout 
 telling you Avhat he says" — Xow what is it that he says — that Roger 
 must give up all hope and at once put an end to all idea of marrying 
 his cousin? Not at all, but — "he sees no reason to change from 
 the decision he made durino^ his illness " — that was Avhen he was ill 
 in the month of February — " that of not giving consent till our 
 daughter AAas of age, and that she must be at perfect liberty to marry 
 any person — in fine that no engagement whatsoe\'er should take 
 place betAveen you — added to our considering her too yomig to 
 decide upon a choice that involves going contrary to the Avishes 
 of parents (avc presume on both sides) and AA'hich is against the 
 rules of the Church." There, she might have stopped, but she goes 
 on: — "You have not giA^en any real proof of changing habits that 
 have been the cause of endangering your life by bringing most 
 serious illnesses and AAdiicli miless resolutely and determinately given 
 up Avill certainly bring on a return of the same illness. Noav Avith- 
 out a long continued proof of these bad habits being entirely con- 
 quered, no Parent, (even if there Avas no relationship) Avould think 
 themseh'es justified in giving their child to a person, Avho neither 
 from a sense of duty to God or the attachment to their child 
 coidd conquer habits that Avould be the ruin of the happiness of 
 both. These then are our objections, and it is best you should 
 clearly knoAv them. You ask that our child should liaA'e permission 
 to Avrite to you" — this must haA'^e been at the interview and conversa- 
 tion Avhich had taken place at Tichborne just before — " Ave certainly 
 see great objections to this, for being under age she cannot act Avith- 
 out the consent of Parents; therefore the less communication you 
 liaA^e under these circumstances the more free it leaves both. Noav 
 dear Roger though I have fulfilled the duty that devoh^es on us, you 
 are of course at perfect liberty to act in this matter as you consider best 
 for your OAvn happiness " — I suppose she means — as your future union 
 is thus uncertain you may, if you please, say at once, I Avill be off the 
 engagement ; if my cousin is not to be pledged to me, I will not be 
 pledged to her — She goes on : " I only ask that you Avill Avrite and 
 tell me your decision, after you haA^e Avell considered over this letter, 
 and that you will not take any precipitate measure, but write clearly 
 your oAvn views in a letter that may equally be read by your Uncle as
 
 ( 1^9 ) 
 
 Avell as myself — In this letter I cannot write on any other subject." 
 In effect she says, write and tell me frankly, explicitly, unmistakal)ly, 
 what you intend to do : say " off," and there is an end to the matter ; 
 but if, on the other hand, you are not prepared to put an end to the 
 conditional engagement which exists, tell me distinctly that you intend 
 to marry my daughter at the end of the time. But you must under- 
 stand this: although you may pledge yourself — and I beg you to 
 tell me as an honourable man what your views and intentions are — 
 understand that your marrying my daughter depends on her con- 
 tinuing in the same state of mind as she is at this moment ; — that she 
 is in the meantime to have the freest and most unlimited scope ; that 
 no engagement is to be given out to the world ; if anybody comes to 
 pay his addresses to her, and if she likes him better than you, she is 
 to be at liberty to accept him ; and supposing she should remain con- 
 stant and imchanged in her affection towards you, it will still depend 
 on our being satisfied of the reality of your reform, whether we shall 
 consent to her union with you in marriage. 
 
 Of course Koger felt that these were very hard and very unfair 
 terms, and while Lady Doughty puts forward as one of the reasons 
 for insisting on these hard terms, that he had not given proof of 
 reformed conduct, he resents this and complains that she should have 
 listened to the statements of anybody against his word of honour given 
 and pledged as a gentleman, which word, he says, he had strictly main- 
 tained up to that time. He is very angry, and very much pained : 
 he Avrites thus to Mr. Vincent Gosford on the 2nd July : " It is quite 
 plain, if I can judge by a letter which I received this afternoon from 
 Lady Doughty, that she has at last gained her point. I was soiTy to 
 see in her letter some remarks to which I never thought before I was 
 entitled to. It is the first time, so far as I can remember in such an 
 instance as this, when mere reports were believed in preference to my 
 word of honour. If persons who take pleasure in spreading reports 
 of that nature had anything honourable in them they would not take 
 such a care to hide themselves. As I am in hopes of making an 
 exchange into a regiment on foreign service very soon, I should feel 
 greatly obliged if you had the kindness to send me at your earliest 
 convenience a list of all the things which I have at Tichborne that I 
 may judge what is fit for me to take abroad, and do away with the 
 rest, as it is not my intention to go, back to Tichborne for a long time 
 to come." Now it is quite clear that between the 22nd June, when 
 he left, and this 2nd July he had been the whole time at Canterbury. 
 It is certain he had not been again to Tichborne ; and he now says 
 distinctly " it is not my intention to go back to Tichborne for a long 
 time to come." 
 
 About this time the election for Poole was going on, and Mr. 
 Danby Seymour wrote to him to come there. The election being a
 
 ( 200 ) 
 
 close one, J\Ir. Seymom% thinking that as the fiiture proprietor of 
 Upton he might have some influence Avith some of the electors there, 
 wrote and asked him to come and help him if he could. Accordingly 
 he got leave for the purpose and went. On his return from Poole he 
 thought that if he gave Lady Doughty information of his passing 
 through Winchester, which he would have to do on the way fi'om 
 Poole to London, she would very likely come over and see him, so 
 that he could have a talk Avith her before he answered that letter of 
 the 1st July, and that he might possibly bring her into a more 
 favourable frame of mind towards himself than had been the case 
 when she Avrote the letter. He writes to her fi*om Poole on the 7th 
 July, " My dear Aunt, I shall sleep at Winchester to night on my 
 way to London. If you could let me know if you are coming to 
 Winchester tomorrow I shall wait because I know that I can make 
 more " — he uses the word " make " for " do " — " in half an hour's 
 conversation than in a week's correspondence. Believe me. My dear 
 Aunt — Your affectionate Nephew R. C Tichborne. Pray don't be 
 offended at what I have said, but I don't Avish to go back to Tichborne 
 for a long time to come." He also Avrites to Mr. Gosford : " I haA'e 
 obtained few days leave to see H. Scymou^r. I am leaAdng this 
 evening, I shall sleep at Winchester on my Avay to London. I should 
 feel obliged if you could come and see me tomorrow morning at the 
 White Hart at Winchester as I am A'ery anxious to speak to you 
 about several things, among others, about my things Avhich I left at 
 Tichborne. I Avish I could speak to Lady Doughty if it Avere pos- 
 sible, but at the same time I don't like avsking to go there, still, at the 
 same time, I know that I could do more by half an hour's conversa- 
 tion, than by a Aveek's correspondence. If you cannot come, send me 
 a note at the White Hart." He stopped at Winchester on his Avay. 
 SomehoAv or other Lady Doughty missed him, and haA^ng waited till 
 the next train he Avent on, thinking she did not intend to come. 
 Thereupon she Avrites to him : " Hoav could you go on after your let- 
 ter ? Of course I started as soon as possible after breakfast, and 
 arriA^ed soon after 12, truly grieved then not to find you & not knoAA'- 
 ing in Avhat state of mind you are or Avhy you Avent to Mr. Seymour, 
 for since my letter a Aveek ago I have not heard from you till to-day, 
 these fcAv lines. In total uncertainty of your state of feeling I can 
 only say that had we met I must still have referred you to my last 
 letter, as Sir Edward's opinion remains michanged ;" — that is to say 
 as to their Avaiting for the time Avhicli I have called the probationary 
 period : — " pray if you cannot Avrite or speak openly, Avrite to Mr. 
 Gosford to tell us; the report is noAv so Avidely circulated that it 
 must reach your Father's ears & therefore Avould it not be best for 
 you to let him know your real feelings " — Gentlemen, you Avill observe 
 from this that up to this time his father had not been made acquainted
 
 ( 201 ) 
 
 with wliat had passed between him and Sir Edward and Ladj Doughty 
 upon the subject of his proposed engagement with their daughter. — 
 " Be assured that beyond the duty we know we owe to you & to our 
 child, that on any point you will ever find both your Uncle & myself 
 sincerely attached to you & I am Y'' affec'"^ Aunt." 
 
 He next writes to her in answer to her letter of the 1st July. 
 There is no date, but it is evidently an answer to that letter ; 
 
 " M. D. A." — Avhich means my dear aunt — " I have perhaps de- 
 layed long to answer your letter received last Friday, but I am sure 
 you will excuse me when you think that I have to ansAver on a sub- 
 ject which requires much consideration before ansAvering in a man- 
 ner which can be satisfactory to you as well as myself. You have 
 alluded in rather a strong manner to bad habits which I had — I 
 acknowledge to a strong degree last year, but I have told you (and I 
 believe that you can believe me) that it has been my daily study 
 ever since the beginning of this year to break myself of, from those 
 habits which Avere not all Avhat I ought to haA^e, especially in my 
 future station in life. I should feel sorry M. D. A. if you thought 
 that I kept my C " — Cousin — " under any kind of Engagement 
 toAvards me ; if she thinks for a moment that she can be happier by 
 marrying somebody Avho she fancies let it be so. I have alAAays been 
 uncommonly fond of my C (as you perhaps knoAv) e\'er since I saAv 
 her the first time, but I nev" — the "er" left out — " loved her but for 
 herself only ; and if I see that she Avill be happy by marrying I Avill 
 be the first to encourage it and if in some future time I can be of any 
 service to her it Avill ahvays be a great pleasur to do anything I pos- 
 sibly can for her, and moreover Avhat has taken place Avill never be 
 told to anybody Avhatsoever by me as long as I live. As far as I am 
 concerned it is fully my intention if my C marries to make the army 
 my profession to go abroad Avith my Regiment. (There is a strong 
 rumour that Ave are to go either to Australia or India in Spring.) I 
 care little Avere " — " AA'here " is AATitten Avithout the " h " — " my Regi- 
 ment AAall be send to I shall go Avith it to any part of the Globe Avhere 
 it may be send to I am in hopes that I haA^e ansAA^ered your letter as 
 you Avished it, I hope that I have neither offended you or my Uncle, 
 If I have done so I hope you Avont be offended as it has nev been my 
 intention to offend you in the least manner. Believe me AvhatCA^er the 
 case may be. Your very affectionate NephcAv — R. C. T. P. S. It is 
 not my intention to go to Tichborne again for a long time to come, 
 unless you and my Uncle express a Avish to see me either noAV or 
 during the leave if I apply for it during the Avinter." I do not believe 
 he could haA'e AAa'itten anything Avhich Avould be more satisfactory to 
 Lady Doughty than the expression of his intention not to go to Tich- 
 borne again. She was evidently anxious not to foster or encourage 
 the affection AA'hich had groAvn up betAA^een the tAvo cousins, or to haA'e 
 it supposed that there AA^as any engagement. It Avas not likely, there-
 
 ( 202 ) 
 
 fore, that slie and Sir EdAvard Doughty would give him any express 
 invitation to come to Tichborne. 
 
 Lady Doughty answers his last letter thus : " My dearest Roger. 
 I received your kind letter by M^ Gosford — I can only say it is per- • 
 fectly satisfactory to your Uncle and myself. You need not however 
 have felt displeased Avith what I said respecting the habits you have 
 had & Avliich you candidly owned, and by what I said I did not 
 express doubt of your Avord or intention, only that under certain cir- 
 cumstances proof oi change for a considerable time Avould be required, 
 but I only refer to this noAV, to couAance you that not one Avord have 
 I ever written but Avhat has been dictated by the sincere affection for 
 you and Avhich continues invariable tOAvards you. The primary objec- 
 tion is relationship, and we are satisfied with your kind and honorable 
 conduct, and therefore be assured we as ardently wish your happiness 
 as ever and have the most affectionate feeling toAvards you, Avhich 
 some futui'e day Ave may be able still more than at present to shoAv 
 you. I Avas sorry not to see you, but perhaps it Avas all for the best. 
 We rejoice to hear you continue to look AveU, and Avere a little 
 amused to find Mr. Seymour had brought you to Poole for Elec- 
 tioneering purposes, Avhich clearly it Avas, as the future Proprietor of 
 Upton ; for the Votes Avere going against him, as he displeased many, 
 hoAvever he has gained his Election. — We have not yet heard Avhen 
 your father comes over AAdth Alfred — We are satisfied you are right 
 in not naming anything to your father uoav, unless questioned, & then 
 by sincerely answering the facts as they loereT On the 13th of July 
 Roger Avrites thus to Mr. Gosford:— " Many thanks for your kind 
 letter Avliich I recei\^ed yesterday. I Avas rather surprised to see by 
 it hoAv very fast things are going on at Tichborne. I had no idea 
 that her Ladyship Avas in such a hurry. Have you heard how long 
 Frazer" — that is Lord Lovat's son — " is to remain at Tichborne ? if 
 Lady Doughty Avill try to gain his confidence ? If she does so" — 
 he says in the bitterness of his wounded spirit — " I advise him to 
 keep a sharp look out. I received at the same time a letter from my 
 aunt mentioning having considered the note AAhicli I send her by you. 
 She apologizes in some way of having made use of those expressions 
 in her last letter, and begs of me to continue AA^'iting to her in the 
 same AA^ay in Avhich I used to do; but I believe that our priA^ate 
 correspondence is come to an end unless I see a change in her Avay 
 of Avriting to me. I should greatly feel obliged if you had the kind- 
 ness to write to me to let me knoAv hoAv things are going on, and if 
 the crisis has taken place. As it is (at least in my present state of 
 mind)" — the Avords "my intention" appear to have been here omitted 
 — " to folloAV the army as my profession for many years to come, 
 I shall most likely Avait till I have got my troop, and then go abroad 
 for at least ten years, if not fifteen years. It is noAv more than ever
 
 ( 203 ) 
 
 that I regret my regiment remaining at home, and I regret also very 
 much having refused that exchange to a regiment in India. I never 
 thought that things would come to such a painful conclusion for me. 
 But, however, what I have told you and wrote to my uncle / iviil 
 stick to ^ nothing will make me change, and nobody will hear a word 
 about it from me. As it is not my intention to go to Tichborne 
 again, I shall write to you to let you know where you are to send my 
 thino;s." He Avrites ajyain to him on the 18th. " I have not heard 
 fi-om Tichborne since I received your last letter, which I received a 
 few days after my arrival here. I fancy that things must be near, if 
 not come already, to a crisis. I heard from my father about ten 
 days ago, he mentioned his intention of going to see my Uncle 
 tOAvards the latter part of this month, or at the beginning of next ; 
 he intends, it appears, remaining about three Aveeks at Tichborne 
 Avith my Brother. Lady Doughty in her last letter, quite approves 
 of my intention of not naming Avhat has passed unless questioned by 
 my father, in Avhich case I am advised to ansicer in an open §• sincere 
 manner^ 
 
 Gentlemen, I call your attention to this letter and to the then state 
 of things Avith reference to any communication having been made or 
 not made to the father for this reason : in one of the papers relathig 
 to the sealed packet, the defendant states that his father " pressed 
 him to marry his cousin ;" and the importance of these passages re- 
 lating to his father is that they enable you to judge how far his father 
 kncAV anything at all about the matter, at all events prior to the time 
 when the relations between Roger and his cousin had been finally 
 determined and pvit an end to. It is manifest from this language, 
 that, thus far, at least, the father knew nothing at all about it. 
 " Lady Doughty, in her last letter, quite approves of my intention of 
 not naming Avhat has passed unless questioned by my father in Avhicli 
 case I am advised to answer in an open and sincere manner. I be- 
 lieve that I have ahvays done it ; in fact, if I have to reproch myself 
 with something" — in the French form, instead of " anything," and 
 the word " reproach" being AATitten Avithout an " a" — "it is to have 
 acted in too open and forward a manner with persons who will sooner 
 believe what persons Avho knoAV nothing about me say than my word. 
 I fully expect that Lady Tichborne and some of my cousins avIio are 
 so much interested in my Avelfare Avill tell some long stories to my 
 father, but I am fully prepared for it. I am quite ready to face any- 
 body, I don't care avIio it is. There is nothing ncAv about hei'e ; 
 eA^erything is much the same as the day we arrived. You forgot to 
 tell me in yom- last letter if you had any conversation Avith Lady 
 Doughty; I fancy that you must have had some by this time. I shaU 
 not write to her till she Avrites to me. Pray Avrite to me soon and let 
 me knoAv hoAv is my uncle. I am afraid that he must be fatigued by
 
 ( 204 ) 
 
 all the company Avho is I suppose at Ticlibovne now. I shall let yon 
 know the first time I go to London that if you have nothing better 
 to do you may come & meet me there. Pray remember me kindly 
 to M""*. Gosford. Believe me. Yours Truly R. C. Tichborne. Pray 
 write to me as soon as you can." 
 
 He next writes to Mr. Henry Sepnour, " My dear Henry, I was 
 very happy to learn by the note which you send me the morning 
 of my departure from Poole that you had at last been elected. I 
 was very sorry that my being so little known prevented me from 
 doing more for you." Then he writes a letter to Lady Doughty, a 
 passage in Avhich may be of some importance hereafter Avhen we come 
 to the question of whether Koger Tichborne ever did receive a depu- 
 tation asking him to stand for Poole. He wi-ites on the 28th of July 
 fi'om Canterbury. All these letters (except these from Poole) are 
 dated from Canterbury : — " You must have been I have no doubt 
 much amused when you heard of my going to the elections. H. 
 Seymour \vrote to me expressing a wish that I should be with him at 
 the time of the election, thinking I have no doubt that I might have 
 some kind of influence in Poole. I started at once trying to find out 
 what on earth had put in Henry's head that I had influence in a place 
 Avliere I am not much more known than the Man in the Moon. As 
 soon as I arrived I began my campaign by M''. Wollet, avIio I found 
 very obstinate in refusing to give his vote, I talked about two hours 
 on the subject but to no purpose, I might just as well have sung ' I'm 
 afloat' for all I got." They had evidently thought that the future 
 master of Upton, who Avould live in the immediate neighbourhood, 
 spending a great deal of money in the town, might from the prospect 
 of future business with the house at Upton, have some influence upon 
 the electors. I am very glad to think that that does not appear to 
 have succeeded : at all events the gentleman on whom he first tried 
 his hand, INIr. Wollct, was impregnable to any consideration of that 
 kind, and held his own as a straightforward, honest, and independent 
 man ought to do, and paid no attention to this young man's solicita- 
 tion. But it certainly does not look very like a man ha^-ing received 
 a deputation asking him to stand for a place, when he writes and says 
 he was not known there any more than the " man in the Moon," and 
 that he had failed to be of any use to his kmsman owing to his being 
 utterly unknown. 
 
 There is a further passage in that letter to which I ought to call 
 your attention, and for this reason. It Avas suggested by the learned 
 counsel for the defendant that if you should be of opinion that what 
 is called the Brighton card case could not have happened, as the 
 defendant has alleged, at the Brighton Races in 1852, it might have 
 happened at the Goodwood Races. Now in this letter of the 28th 
 of July there is a passage which seems to me to shoAv to demonstra-
 
 ( 205 ) 
 
 tion tluit Roger did not go to the Goodwood Races ; for, Avritiiig and 
 dating from Canterbnry, lie says : " Several of wa have gone to the 
 Races : they have obtained leave for that purpose." Now when he 
 speaks of some of the officers having gone to the races, having 
 obtained a few days' leave for that purpose, he clearly could not have 
 meant to include himself among them, as he is speaking of those 
 who have gone, while he himself is writing at Canterbury. 
 
 From Cantei-bury he writes to Mr. Gosford a letter of July 30th, 
 which is of importance, as showing that at this period he certainly 
 is not likely to have gone to Tichborne : " My dear Sir, I am in a 
 fix ; I have just received a letter from my father informing me of his 
 arrival at Tichborne. He expresses very strongly his wish that I 
 should go to Tichborne for a short time during the time he will be 
 there with Alfred. That is a thing to which I strongly object. He 
 says moreover, that if I cannot go there he wall come & see me 
 at Canterbury. I don't fancy at all his coming here, because the 
 very first thing he does in those cases is to tell all my brother officers 
 what are my prospects in life. Well, that is not pleasant. The only 
 thing which I have to do is to obtain two or three day's leave and to go 
 to London. I shall write to inquire when he will go to London, and 
 tell him that I have some important business which I am obliged to 
 get settled in town, and if he likes (as I hope he may) to come and 
 meet me there. Pray WTite to me by return of post to let me know 
 when he intends going to Loudon." 
 
 It seems that at this time his mother had conceived the notion, her 
 husband and her son Alfred being in England, of coming over to pay 
 a visit to Roger. The father and son w^ere at Tichborne ; Roger 
 was with the regiment at Canterbury, and his mother wrote to say 
 she should come over and see him, on w^hich he Avrites her back this 
 characteristic letter. "2nd of August 1852. My Dear Mother, 
 Many tliangs " — so Avritten for thanks — " for your last letter which I 
 had the pleasure of receiving the day before yesterday. I am much 
 obliged for your kind wish of coming over to see me but at the same 
 time I see great difficulties in your coming over by yourself, you 
 should have if such was your intention have come to England with 
 my Father. Your being in this part of England by yourself, and 
 my Father in another will look very strange to everybody, but how- 
 ever I have wi'itten by this post to my Father and if he approves of 
 it I shall take a house for you and him at Dover which is but a very 
 short drive from Canterbury. There are no lodgings to be found in 
 Canterbury and the Hotels are besides that, I believe the most ex- 
 pensive in England. Dover is a very nice place. I drive there myself 
 two or three times a Aveek if not more. If you come here it would be 
 quite impossible for you to see me but a Vexercice, no Lady goes 
 there by any chance and besides that we go much too early, we go
 
 ( 20G ) 
 
 before 6 in the morning. I wish you would wait some time before 
 you take any step. I was very glad to learn that you were so much 
 better;" and so forth. 
 
 We have next a letter of the 7th of August, w^hich is impoi-tant as 
 it is the critical period of the Brighton card case. The Brighton 
 Races took place that year on the 4th, 5th, and 6th of August, and 
 we have the foregoing letter to his mother written on the 3rd, while 
 the next letter is dated the 7th. This, it is true, leaves three days, 
 the 4th, 5th, and 6th, on which it is impossible to prove positively 
 that he was at Canterbury ; but there are circumstances which tend 
 to show that he could not have been away from it at this time. 
 He writes on the 7th to Mr. Gosford, and he says : " I have 
 enclosed in my letter the list of things Avhich I have forwarded 
 to you this afternoon. I should feel obliged if you had the kindness 
 to put the military clothes in a dry place, as they will most likely be 
 of some use to me later. It is long time I have given up all hopes of 
 pleasing my family. It is next to impossible for me to do it. If I 
 please one I am sure of displeasing the other. It is certainly one of 
 the causes which have always made me act for myself, which has been 
 fortunately for the better " — As much as to say : my father and 
 mother never agreed in anything with reference to myself; if I 
 sought to please the one I was sure to displease the other, and the 
 result has been that, being thus, as it were, between two conflicting 
 influences, I have learnt the necessity of judging and acting for 
 myself, and perhaps that is a fortunate thing ; it has led me to think 
 for myself upon what I have to do, and has developed my OAvn judg- 
 ment and power of judging for myself. — " I have not heard fi'om 
 Lady Doughty for a long time. I don't fancy that she Avill make a 
 long stay at Ride. If you are anxious to get back again into her 
 confidence tell her privately that an exchange has been offered to 
 me in a cavalry regiment in India." 
 
 Writing thus to Mr. Gosford on the 7th of August, which 
 shows he was at Canterbury on that day, he on the same day 
 writes to his mother. 
 
 Now if the Brighton card case happened in 1852; if he lost money 
 at Brighton during the Brighton Races, which were on the 4th, 5th, 
 and 6th of August — a matter to which I shall have to call your atten- 
 tion more particularly by-and-by — and if he had not the means of 
 satisfying the debt Avliich he there incurred by his losses at cards, and 
 it was necessary, in some way, to meet that debt, and his only way of 
 meeting it was by having recourse to his mother, it could only have 
 been (seeing that the mother was at that time at Paris, and he was 
 at Canterbury) by correspondence : the only mode he could have 
 applied to her was by writing to her, and saying, my dear Mother, 
 I have lost the large sirni of 1,500/. at cards; I have been swindled
 
 ( 207 ) 
 
 out of it ; I must make some arrangement ; will you let me have 
 500/., because I can settle it if you can let me have that sum. 
 
 But there is no such letter. We have this letter fi-om him to his 
 mother of the 7th, the day after the races terminated; the time when, 
 if he lost the money at those races, the money would have been 
 wanted. The mother was at that time contemplating coming to 
 England ; if he was in that predicament, and could only get out of 
 the difficulty lie Avas placed in, through her assistance, you Avould 
 scarcely have supposed that he would have AN-ritten to deter his mother 
 from coming. But he Avrites : — 
 
 " Cavalry Barracks Canterbury 7^'' August 
 " My Dear Mother. 
 
 " I strongly advice you to give up all idea of coming over to 
 England. If such Avas your Avish you should have thought of it 
 sooner and come OA^er Avith my Father. It Avould be quite impossible 
 for me, if you came to Canterbury to look after you. On all cases it 
 Avould place you and I in a very false position to see you in this part 
 of England and my Father in another. I cannot make out hoAV you 
 ever coidd think of such a thing. I shall most likely obtain some 
 leave during this Avinter I shall during that time go and spend some 
 time Avitli you in Paris. I hope that the reasons Avhich I have giA^en 
 and common sense Avill induce you to give up all idea of coming 
 over and that in future you Avill neve think of such an absurd thing. 
 I could easily Avrite doAvn all the objections to your doing such a 
 thing but I fancy that A\diat I have said and common sense Avill be 
 sufficient. I heard from my Father fcAv days ago he Avrites in very 
 good spirits. Alfred is very Avell and enjoying himself very much 
 I am enjoying a very good health ; in fact I dont think that I ever 
 been so Avell, so that you may make your mind perfectly at ease 
 about me. Henry Seymour has as you have no doubt heard been 
 elected for Poole in Dorsetshire, he had at the beginning much 
 difficulties in obtaining the votes but he succeeded at last. Nothing 
 ncAv has taken place in this part of the country every thing is 
 remarkably quiet, 
 
 " BelicA^e me 
 
 " ]My Dear Mother 
 
 " Your very affectionate and Dutiful Son 
 " R. C. TiCHBORNE. 
 
 "August 7"' 1852 
 " P.S. My father is quite against your coming OA^er." 
 
 On the 8th Ave see he is stiU at Canterbury, as on that day he 
 Avrites from thence to his aunt. " I have not been about much lately. 
 I have very nearly explored all the places in this neighbourhood, 
 there are still one or tAvo places Avhich I feel anxious to go to if I can 
 possibly obtain a day's leave" — He could not have been at the
 
 ( 208 ) 
 
 Brigliton races -without leave, and lie speaks here of the difficulty of 
 obtaining- it — " The country about Maidstone is so beautiful it is sup- 
 posed to be the garden of England. I think I shall be able to go 
 there sometime during this week." Then he Ma-ites to Mr. Gosford 
 on the 10th of August, and he says he has made up his mind to go 
 out with the regiment if they go, and then he says, " For my own 
 part I have fully made up my mind about it. As long as I am not 
 obliged to go back to the south of Ireland, I don't care to what part 
 of the Avorld I am sent to. I hope that nothing unpleasant has taken 
 place between my father and my uncle. I have not heard from Lady 
 Doughty for a long time. I fancy that she must by this time be 
 back at Tichborne" — she had been at the Isle of Wight. " I fancy 
 that she has asked you if you heard fi-om me. I wrote to her yester- 
 day." He writes again to say an exchange has been offered to. him 
 in a regiment and he has been negotiating about it. On the 17th 
 of August he writes from Canterbury: "I have not to my great 
 surprise, heard an}i;liing further about my exchange" — he goes on — 
 " I believe that you must have heard from my father what answer I 
 Avrote to his letter. I wrote rather a short one, but I cannot stand 
 any longer to hear over and over again about those family deeds" — 
 The father had written to him on the eternal subject of Upton, and 
 he had written back a sharp answer — " I suppose that you are getting 
 on very well at Tichborne now. I suppose that all the different 
 events which have taken place at the beginning of this year are now 
 quite buried in the past and that her ladyship seldom, if ever, alludes 
 to the subject to you. I may perhaps apply for two or three day's 
 leave during September. I shall spend that time in London. I 
 shall let you know sometime before, so that if you have nothing 
 better to do you may come and spend a day with me then. I regret 
 now more than ever the Carabineers remaining in England. I don't 
 at all fancy the idea of remaining in England. Fortunately we have 
 a choice of going out somewhere or other next year." 
 
 At this time Sir Edward Doughty was again taken ill, and Lady 
 Doughty writes : " Never atti'ibvite my silence to want of sincerest 
 affection & interest for you, I may truly say never one day passes 
 Avithout my thinking constantly of you & your future life. I have 
 received your private letter & shall burn it. Whatever you allude 
 to I see your generous feeling in not wishing to bring me into 
 difficulties, and your silence to me respecting family settlements was 
 I know dictated by kindness and good sense and enables me to say 
 with truth that I do not knoiv your intentions if I am asked, but I 
 do not expect I shall be, your name is seldom mentioned, and though 
 your father is evidently in a very excitable humour, we all go on 
 tranquilly & he never speaks to me on any but general subjects; I 
 have thought it prudent as I before told you not to Avrite much to
 
 ( 209 ) 
 
 you when he is here. I have to day Avithout naminp; your letter 
 asked Mr. Gosford to tell yon of your beloved Uncle's dangerous 
 illness. He was taken Thursday night with spasm as before, and ill 
 all last night & so continues, and is not yet relieved, and has received 
 Holy Viaticum now 6 o'C & we have little hope. Dear lloger I 
 shall ask him again to ]n-ay for you. If not fully relieved the 
 Doctors said in 24 hours this morning there is no hope — he is fully 
 resigned to the will of God— I do hope you and I may have as Avell 
 prepared a death if it does please God to take him." On the 23rd 
 Roger writes to Gosford from Canterbury, still showing that he Avas 
 there and noAvhere else. " I received your last letter. I Avas very 
 sorry to learn by it such bad account of my uncle. I hope that he 
 may get over it. I should feel much obliged if you had the kindness 
 to let me hear daily hoAV he is. I am at present in a very aAvkAvard 
 situation toAvards my father and fixmily. My father Avrote to me 
 some time ago a letter Avhich I did not at all like. I have taken it 
 up, so that if I Avas to meet him uoav our meeting Avould be anything 
 but pleasant for all parties. I dare say that if you have not, you Avill 
 soon hear about it." This Avould appear to have been the only 
 instance in Avhich there had been anything Avhicli could be called a 
 quarrel betAveen the father and son ; it is therefore a matter that 
 should be adverted to. The defendant afterAvards alleged there had 
 been a quarrel between his father and himself. It may be that he 
 Avas referring to Avliat had been Avritten on both sides on this unfor- 
 tunate subject of Upton. lloger goes on and says, " But hoAvcA^er 
 let the case be as it may, it is impossible for me to please all parties. 
 I have nothing to reproach myself Avith, as I have, I believe, acted 
 fairly and honourably toAvards everybody. I am regidarly disgusted 
 Avith all the business Avhen I see that, after having granted Avhat I 
 thought fair to my family, my father comes and Avrites me pages 
 about Upton and several other things Avliich I had every reason to 
 believe had been settled long ago. This Avill be I have no doubt, a 
 . critical time for you. I shall give you some piece of advice Avhich 
 Avill be of some use to you later. I have heard nothing furtlmr 
 about my exchange. Believe me Yours Truly R. C. Tichborne. 
 Pray let me knoAv if my uncle Avishes to see me." I cannot help 
 thinking he hoped this illness might possibly be productive of the 
 same results as the former. Before, as soon as his uncle Avas taken 
 dangerously ill, he Avas summoned back to his bedside; the same 
 thing might happen now, and AAdtli the same result, that of furthering 
 Avhat Avas still his unceasing desire. 
 
 Then Lady Doughty Avrites as folloAVS, and if she is Avriting truth- 
 fully, the passage is a very important one, because I think it is 
 impossible to suppose that his uncle coidd have sent such a message 
 to Roger if he and his Avife had at that time had any notion that 
 
 P
 
 ( 210 ) 
 
 Roo;er had been Avantlno^ in honourable conduct towards their 
 daughter, as the learned counsel has suggested. " Thanks for your 
 kind enquiries at Avhich your dear Uncle is also much gratified, he 
 spoke of you again to me with the greatest affection, Avhen he thought 
 himself dy hi (j^' — a man does not do that of a person Avho has sought 
 to undermine the honour of his daughter — "he said ' give my love 
 and blessing to dear Roger & my hope that the time is not far distant 
 when he sells out and settles down & truly glad should I have been 
 to have seen him make a happy marriage.' " 
 
 On the 30th of August Roger writes a letter to his aunt, which is 
 material in this way : he gives her a detailed account of gaieties which 
 had been going on at Canterbury throughout the whole of the past 
 fortnight. He says, " These two last weeks have been very gay for 
 Canterbury;" and he describes the gaieties in a way in Avhich a person 
 would describe them who had taken part in them. " The first Aveek 
 Avas the cricket week. The great matches of Kent against all Eng- 
 land Avere plaid. The game is noAv so very universal that Kent had 
 not the least chance and w^as beaten out and out by the eleven of 
 England. There Avere some dejeunes and picnics given at the same 
 time, several Officers Avent to the parties but I Avould not go. I have 
 noAV given up altogether going to those pleasure parties." Then he 
 speaks of a great ball ; then, " Last Aveek Avas the racing Aveek" — 
 and he describes the races, and CAadently speaks of all that has been 
 going on for the last tAvo Aveeks as what he had taken part in himself 
 — thus shoAAang that he had been at Canterbury, and consequently 
 could not liaA^e been at Tichborne all this time. Then he says, " I 
 have heard nothing lately of our future moA-ements, only that it is 
 the common belief among ourseh'es that Canterbury is to be our 
 first and last quarter in England. If we remain in England for tAvo 
 years longer, which is doubtful, Ave will most likely go in Spring to 
 Brighton, in Avhich case I stand a A'ery good chance of going on 
 detachment either to Christchurch or Dorchester. Detachment duty 
 in England is the pleasantest thing in the Avorld. It is not to be 
 compared Avith Avhat is detachment duty in the south of Ireland. I 
 suppose that my Father and Alfred have by this time left Tichborne. 
 I have not heard from my Father for some time." So that it Avould 
 appear that up to the end of August, he had not determined to quit 
 the service. He would gladly haA e exchanged into another regiment 
 for foreign service, and he Avould have been glad if his regiment had 
 been ordered abroad ; but he Avas prepared to Avait and stand a chance 
 of the regiment remaining in England, of going on detachment duty 
 in England. 
 
 This brings us to the end of August. Looking to the correspon- 
 dence and the circumstances to Avhich it relates, the question presents 
 itself whether any doubt can be entertained that throughout the
 
 ( 211 ) 
 
 months of July and August Roger TIcliborne was stationary at lils 
 quarters at Canterbury, never during the whole of that time obtaining 
 leave to be absent a single day, and certainly not being during that 
 time at Tichborne. The whole correspondence shows that he had 
 a firm intention not to go to Tichborne unless he was expressly 
 asked, while on the other hand, there was no disposition on the part 
 of Lady Doughty that he should come to Tichborne. When we 
 follow these letters step by step we find that there is no reference to 
 his ever having obtained a day's leave, or having been absent from 
 Canterbury a single hour throughout the whole of that time. Under 
 these circumstances I see nothing to lead one to suppose that he ever 
 was away from Canterbury, or was, or could have been, in the 
 neighbourhood of Ticliborne during that time. The infinite im- 
 portance of this conclusion with reference to the question of the 
 sealed packet will hereafter be seen. 
 
 If we follow his course through the month of September we shall 
 find the same tliino;. He writes to his mother on the 9th of that 
 month and gives her an account of what has been going on in 
 Canterbury, as he had previously done to his aunt, and then he says 
 this to her, which shows that he had no desire to see her or have any 
 personal commvmication with her. " You have done very wisely to 
 give up the idea of coming over to England by yourself: it would 
 have looked so very strange to every lady to see you in this part of 
 England by yourself and my Father in another. I cannot conceive 
 Avhat could induce you to have such an idea." He desires to be 
 remembered to the Abbe Salis, as also to M. Chatillon, which shows 
 he had not forgotten his old friends. At the beginning of September, 
 Sir Edward having improved in health. Lady Doughty went to Hyde, 
 and there is no reason to suppose that during the time she Avas at 
 Ryde he Avas aAvay from Canterbury or ever went to Tichborne. He 
 Avrites to her at Ryde on the 9th September, " I Avas sorry to learn 
 a fcAV days ago that you had been of late so nuAvell. I hope that you 
 have derived as much benefit from the change of air as you expected, 
 I Avould have Avritten sooner to inquire Iioav you Avere if I had not 
 been of late very busy and little time left to do anything." Then he 
 says, " We are going to give a ball to the toAvn of Canterbury and 
 to the neighbourhood at the very end of this month or at the 
 beginning of next. It Avill be Ave aU hope a very good ball. I am 
 sure that the Carabineers ball Avill astonish the natives. I shall not 
 be able to avoid going to it unless I can manage to get on the sick 
 report AA'hich is very nnlikely as I am in a flourishing state of health." 
 That must haA'e been betAveen the attack of which General Jones 
 spoke and the subsequent and more serious attack which took place 
 some time in the month of September or early in October and Avhich 
 Colonel Bickerstaff has deposed to. Lady Doughty Avi-ites to him on 
 
 p2
 
 ( 212 ) 
 
 the lOtli from Rycle, and she tells him that she had come there on 
 the 1st and had been there ever since Avith her sister and Captain 
 Macdonell, and she adds, " my Katty came on Wednesday & we 
 return to-morrow to Tichborne together." Then she says, " Your 
 Father was very low & Alfred miserable as usual wdien they quitted 
 Tichborne on the 30"", but nothing unpleasant ever passed between 
 us and your Father, he never even alluded to any correspondence 
 with you, and Ave all parted the same friends we had met. I suppose 
 you do intend to see him before he goes over again, but he never 
 named you in any Avay to us." 
 
 On the 18th of September Roger Tichborne writes to Mr. Gosford 
 as folloAvs : " I Avent up to London on the 15"^ of this month to see 
 my father ; I found him looking uncommonly Avell. I don't think 
 that I ever saAv him looking better. We had a long conversation 
 together, in Avhich he strongly ex])ressed his Avish that I should leave 
 the Army ; he told me it Avas very imfortunate for him and my mother 
 never to see me, and to be depriA^ed altogether of my society. The 
 case may or may not be, but I knoAV for myself (and I speak from 
 experience) that the farther Ave are from each other the better it is for 
 our mutual happiness" — I suppose he had found that, AA'hat Avith the 
 bad temper of his mother, and the hasty disposition of his father, 
 whether he sided Avith one or the other, or refused to side Avith either, 
 he only got himself into hot Avater Avith one or the other, or both, and 
 aggravated their discord, and these disputes Avere a source of im- 
 happiness to him — " He told me, moreover, that he Avished I Avould 
 leave the serAace soon, because he Avas perfectly aAvare that Ave Avould 
 be sent abroad before long, and he Avished me to leave before my 
 Regt. was under orders for foreign service, as then it Avould be 
 impossible for me to do so. To all this argument I answered that 
 I did not see Avhy I should not see as much of the Avorld as I possibly 
 could Avliile I Avas yoimg; moreover that I thought that it was a good 
 thing for a young man to have some kind of occupation ; that there 
 was not, it is true, much to do in the army, but at the same time it 
 was something. Supposing for a moment that I Avould leaA^e the 
 Army, Avhat Avas I to do with myself? He ansAvered to that, that 
 I might live where I liked, spend most of my time at Tichhorne, and 
 go to Paris Avlien I liked. To all this I made no reply, because 
 I kncAv that if I began I might perhaps say things Avliich I had 
 better keep to myself. Our conversation ended there. I don't give 
 any farther particulars about it, as he told me he had had before 
 leaving Tichborne a long conversation Avith you about my going 
 abroad. I told him before I left that I Avould most likely take during 
 the Avinter a sporting tour to see different packs of foxhounds, and not 
 go to Tichborne. He intreatcd of me to go and spend some time 
 with my uncle. He said though my Uncle Avas Avell it Avas im-
 
 ( 213 ) 
 
 possible for me to expect to see lilni miicli longer, and that lie 
 begged of me to go to spend some of my leave at Tichborne. Now, 
 how all this will end I cannot say, because it is not my intention (at 
 least at j)resent) of going to Ticlil)ome, unless my uncle and aunt 
 express a very strong Avish that I should go and spend some time 
 with them during the av inter) to go to Tichborne at all this Avinter. 
 I have my reasons for doing so, Avhich I have no doubt you knoAv. 
 It is impossible for me to say if you. ever kneAV Avhat AA'cre my inten- 
 tions Avhen I entered the Army. My firm determination Avas never 
 to serve at home, but to go abroad as soon as I Avas able. I am (if I 
 may call it so) fond of the service, but I don't like at all living at 
 home. Some persons may like it, but I don't, far from it. There 
 is so much sameness, every day being more or less the same thing, of 
 Avhicli a person soon gets tired of; at least I am, and very much so. 
 I know that if I had a comfortable home, or a chance of settling 
 quietly by myself in a small cottage Avith the number of horses (avIucIi 
 arc all good hunters) I Avould not remain long in the Army, 
 especially if there Avas no chance of my going to India ; but, as it 
 cannot be, I must make the most of the profession I am now folloAv- 
 ing. I knoAV perfectly Avell Avhat has put all these ideas into my father's 
 head. lie has been talking Avitli some priest or bishops, Avho most 
 likely told him that the Army Avas the ruin of young men, and that 
 he ought to tiy to advise me to leave the service. (I have my 
 suspicions on that subject.) If I was to leave the army I never 
 Avould live at my father's house. I learned Avhen I Avas in toAvn all 
 about Doctor Brown Avriting to my father last May. When he Avrote 
 he Avas at Tichborne. It Avas a great pitty " — pity spelt Avith tAvo 
 " t's " — " that I did not knoAv it at the time ; But, however, if he or 
 anybody else Avrites about me Avithout better information, I shall 
 make it my particular business to find the person, and writing my 
 mind to the person Avhoever it may be. I suspect that my father 
 will Avrite to my uncle abovit AAdiat I told him about my not Avishing 
 to go to Tichborne this winter. It may perhaps bring things to a 
 kind of crisis, but what crisis it Avill be I cannot say. It Avas a great 
 misfortune that my regiment did not go abroad. In the present 
 state of things it Avould have been by far the best if I had gone 
 aln-oad. I suppose that everything at Tichborne is much as usual. 
 IIoAv is my uncle ? Have you found my stick of any use ? Believe 
 me. Yours Truly, R. C. Tichborne. P.S. Burn this letter Avhen 
 you have finished reading it. Hoav is my cousin getting on? I 
 heard some time ago that she had not been well lately." 
 
 Again on the 25tli he AA^ites, '^'^ Private and conjidcntiar'' — At this 
 time he seems to have made up his mind to leave the army if no 
 orders for foreign service came, and he expresses noAv a desire to 
 get a hunting-box in Hampshire, Avhicli gives rise to a lengthened 
 correspondence — " My dear Sir, I have Avaitcd long to hear from
 
 ( 214 ). 
 
 yoii but I suppose that you have been of late so busy as not to have 
 had time to ^vYite letters. It is fully my intention if we don't 
 receive the order before long to prepare for foreign serv'ice to leave 
 the Army. It has never been my intention since I joined to remain 
 on home service, and as we are at present so situated as to prevent 
 altogether my making an exchange into a cavalry regt. in India, it 
 is my intention to leave before long. I should therefore feel greatly 
 obliged if you had the kindness to let me know by return of post if 
 it woidd be possible for me to find somewhere in Hampshire a 
 cottage, a kind of hunting box which would be large enough for me 
 to live in with stables for my four horses. I should like the place to 
 be Avithin ten or twelve miles from Tichborne, not nearer as I don't 
 wish to be in sight of the house as I don't wish to have anything to 
 do Avith the family. Pray answer me " — Ten or twelve miles might 
 bring him into contact with Lady Doughty, which might possibly 
 open the Avay to re-admission to Tichborne or to his ha^-ing an 
 opportunity of going there without compromising what he had 
 already said, w^hich was that he would not go there unless he had an 
 invitation from Sir Edward and Lady Doughty — " Pray answer me 
 by return of post as a great deal depends on what I shall hear from 
 you. Soldiering is very well abroad but it is dull Avork at home. I 
 should feel much obliged if you had the kindness to let me know at 
 the same time hoAv much it Avould cost me to live in the manner I 
 have described, if it Avoidd be possible for me to live in that Avay on 
 my income." 
 
 On the 30th of the month — having been throughout the month of 
 September still at Canterbury — he Avrites to his aunt : " It is a long 
 time since I had the pleasure of receiving a letter from you" — a per- 
 son does not wi'ite in that way Avho has been at the place Avhere the 
 person to whom they are writing lives, and who has had an oppor- 
 tunity of seeing such person. — " It is long since I last had the 
 pleasure of receiving a letter from you. Nothing neAv has taken 
 place about here of late except that the Duke of Wellington's 
 death has put a stop to our ball, Avhich Avas to take place on 
 the 21st of this month. I have heard nothing of our future move- 
 ments, nothing seems to be afloat about it at present. I am anxious 
 to hear something about it, because though I am fond of my 
 profession, soldiering at home is but a dull Avork of Avhich I am 
 rather tired of. If I don't see or hear something about a chance of 
 our going abroad in the spring, I don't think that I shall remain 
 much longer m the arm}^ Soldiering is all well and good abroad, 
 but it is rather dull at home. I Avrote yesterday to my lather on this 
 subject in ansAver to a long letter AA'hich I had received from him the 
 day before." That is the correspondence of September : the next 
 series of letters are those of October. 
 
 NoAv, this proposal of his to take a hunting-box in the neighbour-
 
 ( 215 ) 
 
 hood of Tichborne created very great commotion in the mind of 
 Lady Doughty. Her great object was to keep him away from any 
 approach to her daughter: the learned counsel for the defendant 
 says this was because she had a knoAvledgc either of dishonourable 
 attempts or intentions on his part, or was apprehensive of something 
 of that kind. That is for you to judge of: it may have an important 
 bearing on one of the great issues in this case. What is put forward 
 in her letters — and it is for you to judge whether it is hypocritical or 
 sincere — is in effect this : The w^orld has given out that you and 
 your cousin are engaged, the effect of Avhich necessarily is to keep 
 other men from offering her any attention in the way of courtship, 
 with a view to marriage. As long as you are in the neighbovu'hood 
 and come to Tichborne, that belief must of course be kept alive, and 
 our great object is that our daughter should have fair play and have 
 an opportunity of seeing other persons for Avhora she may conceive 
 an attachrilent as well as for you, possibly stronger than the one she 
 has conceived for you. In order that she may have that oppor- 
 tunity there must be nothing done to foster and encourage the belief 
 of an engagement. If you are in the neighbourhood, one of two 
 things — either we must in^^te you to Tichborne, in which case the 
 report will receive confirmation, or if we do not, it may be said that 
 there is something in your conduct which renders it necessary we 
 should exclude you. Do not put us to the painful alternative which 
 your taking a hunting-box and hunting Avith the Hampshire hounds 
 in our neighbourhood Avoidd necessarily occasion : if you Avant to 
 hunt, go and hunt somewhere else. I might pass over these letters, 
 confining myself to pointing out such passages as show that during 
 October Roger Tichborne never w^as at Tichborne or near it ; that 
 he never left Canterbury ; but when such a construction is put on 
 them, it is necessary to look at them a little more carefully to see 
 whether it can be put upon them Avith any propriety. Roger 
 Avrites to Gosford on the oth of October, being still at Canterbury, 
 and says : " I shall go to London either on Friday or Saturday 
 to have a long talk Avith you, in all cases I shall let you knoAv AA'hat 
 day I shall be in toAvn by the electric telegraph. I should, there- 
 fore, feel obliged if you send Avord at the Winchester Station so 
 that they may send you the message as soon as it Avill arrive. I 
 haA'e not heard from Lady Doughty since she Avas at Ryde. I 
 Avrote to her tAvice since. It makes me believe that there is some- 
 thing going on, that she has something on her mind ; AA'hat it is 
 I cannot say ;" — this shoAvs he had not been at Tichborne in the 
 meanAA'hile or he Avould not complain that he had not heard from 
 Lady Doughty ; if a man is at the house of a person he does not 
 expect to hear from her ; — "I cannot see AA'hat objections she may 
 haA'e to my settling in Hampshire, as it is not my intention to be 
 within ten or fifteen miles of the house. I cannot see Avhat she can
 
 ( 21G ) 
 
 say against it, as slie Avill not see or hear of nie more than if I was 
 in Ireland. But, however, let the case be as it may, she cannot 
 prevent it. I am so peculiarly situated at present, that if I leave 
 the army and don't Avish to lose money I must begin at once, 
 before the leaves are given out, Avhich will be very soon. It makes 
 me, therefore, very anxious to sec you on one of the days I have 
 mentioned, to be able to settle at once all about it. I certainly 
 never would have thought of leaving the service if there had been 
 the slightest chance of our going abroad or of promotion, but there 
 is none Avhatever. If I had been even so able to make an exchange 
 into a Keg*- in India, I should have gone at once, but we are so 
 situated at present that we cannot exchange, and even so selling out 
 requires much trouble and pains. I shall have, I believe, a long 
 business before I am able to finish the latter. I should feel much 
 obliged if you had the kindness to inquire about your neighbovu'hood 
 if there are" — for "is" — "any hunting box to let Avith si»bles large 
 enough for four horses, a place for a dog cart, a room for a serA^ant 
 or tAvo, and two or three rooms for myself. I should like also a 
 small garden if I could get it. If you can, find out all about it by 
 the time I see you, and Iioav much it Avould cost to let for six months 
 or a year" — he Avrites "let" instead of "hire" — "it aa'III be a great 
 pull for me as it aauII enable me to proceed at business at once. 
 What makes me in such a hurry is that I am very anxious to be 
 Avell settled before the hunting season begins, so that Avheu hunting 
 begins I may be perfectly prepared for it, and be able to begin at 
 once. I have four very good hunters, and I hope to be able to cut a 
 figure after the H. II. this season. In case you should mention 
 anything to Lady Doughty, but I Avould rather you should not say 
 anything to her till I see you, say that it is not my intention to 
 come Avithin ten or fifteen miles of the house at least, if not more. 
 JMy mother Avrote to me the other day requesting me to go to Rome 
 this AAdnter, to get introduced to some persons of her acquaintance. 
 I knoAV that she has some vicAvs in that direction, but I ansAvcred 
 that I Avould not under any circumstances AA'hatever lose half a 
 hunting season to go such a distance for change of air Avhich I did 
 not AA^ant, and to get introduced to persons I did not care about 
 knoAving. But if I one day or other took a fancy to travel, I should 
 go at once to South Ameri(;a and Mexico AAdiich countries I Avas 
 very anxious to see, and finish my traA^els by Em-ope " — That is the 
 first intimation of any idea of going to South America — " I AA^as 
 sorry to have such bad accounts of my Uncle. I hope that he will 
 keep on Avell and may pull through this Avinter, though there are, I 
 acknowledge, many chances against him. I am rather anxious to 
 receive a letter from Lady Doughty ; I fancy though that it Avill be 
 just as civil and reserved as her last one. I think that she now quite 
 believes that our private correspondence is at an end. I am also
 
 ( 217 ) 
 
 anxious to hear from my father ; in my hist letter to him I alhided 
 to the chance of my leaving the army and leading the life of a 
 country gentleman." 
 
 Then we have a letter from Lady Doughty, who is in a great 
 state of excitement about his coming to live in the county. " This 
 sudden determination of leaving the Army we should have thought 
 required much consideration on your part before you took so decided 
 a step when you have a prospect of having a company which woidd 
 have given you a position in life most desirable, since you chose the 
 Army as your profession — for after all, lumting would only give you 
 occupation for half the year, but if this consideration has no weight 
 with you your determination of living in Hampshire involves far 
 greater considerations inasmuch as the happiness in life of others 
 besides yourself may be involved — as parents we have a duty to 
 perform dear Roger and must represent plainly to you the position 
 in which you woiild place both yourself and us by coming to live in 
 this County, and before doing so we have a right to demand that you 
 should make known to your Father the circumstances that have 
 occurred, as it must necessarily involve an explanation with him, 
 were you near us, as to why you have not the liberty of coming here 
 as heretofore ; for if avc did not receive you it Avould either be a slur 
 on your own character by leaving it open to the world to snppose 
 there must be a serious cause for your being banished or they must 
 know the truth — you are aware of the reports that arc quite as 
 current as ever, and would it be behaving honorably towards us to 
 shackle the choice of our child ? — Your Uncle in yoiu" last conversa- 
 tion explained his wishes to you on that point, and after this could 
 we encourage you to come here ivithout your Father being aware of 
 these circumstances ? It Avould be truly painful to us to hav^e you 
 constantly hunting with hounds that meet nearly every meet Avithin 
 easy reach of this house and not to see you. It would be exposing 
 you and ourselves to reflections most trying and harassing to our 
 feelings, besides closing the prospects of freedom of choice which Ave 
 Avish our child to have and Avliich indeed Ave should be Avantino; in 
 our duty to her not to ensure for her at present. Noav dear Roger 
 I have again to assure you of every kind feeling from your Uncle 
 and myself and that Ave are sincerely interested for you and Avish your 
 happiness in every Avay and that Avhat I have noAV Avritten has been 
 dictated by a sense of duty to all parties, & Avith his & your cousin's 
 kind love, I remain," and so on. He ansAvers on the 10th October, 
 being at this time in London : " In reply to your last letter Avhich 
 I receiA'cd fcAv days ago I beg to say that if I settle in Hampshire it 
 is not in the least my intention to be in reach of Tichborne, as if 
 I take a hunting box for this season I shall so manage it that it may 
 be at least fifteen or tAventy miles from the house at least if not more.
 
 ( 218 ) 
 
 The idea of leaving the Army never would have come to my mind 
 if there had been the least chance of the Regiment going to India 
 but there is no chance of the Carabineers going before three years. 
 Though I am fond of my profession I find that soldiering at home is 
 rather a dull Avork which I am rather tired of. If I had been even 
 so able to make aii exchange into a Cavalry Regt. in India or the 
 Cape I should have gone and not thought of leaving the Service. 
 But we are unfortunately so situated that we are not allowed to make 
 an exchange. I have written fully to my Father the reason why 
 I wished to leave the Army and telling him moreover what were my 
 plans which are these. I intend remaining and hunt in England 
 during this season and to go in Spring to travel in South America 
 and Mexico which are two countries which I Avant to see. I intend 
 going all over that part of the Avorld and finish my travels by Europe. 
 I was very glad to see Mr. Gosford yesterday as I was able to tell 
 him much more about my future plans than I could have done in a 
 letter — he told me that he would see you either Tuesday or Wednesday 
 — he will be able to tell you the result of our conversation. I should 
 be sorry if you thought for a moment that if I settled in Hampshire 
 I should be in your Avay. I shoidd so contrive that you Avould not 
 see or hear of me more than if I Avas in Ireland. I have given up 
 altogether going to balls and parties so that if you go out anywhere 
 there will be no fear of your meeting me anyAvhere." 
 
 Then he Avrites agam to Mr. Gosford, pressing him about finding 
 him a hunting-box, and then Lady Doughty Avrites another strong 
 letter, of the 14th of October, in AA^iich she says : " You must greatly 
 miscalculate our affection for you (Avhom Ave CA'er made as Avelcome to 
 our home as if you had been our child) to think it could be a matter 
 of indifference to us to have you in the same county even 20 miles off 
 — as to have you at Canterbury, AAdiere as a INIilitary man you could 
 not have leave at aU times to come us, but AAathin a distance that must 
 be most painful to deny ourselves seeing you here and exposing both 
 you and ourselves to the conjectures and censures of others and 
 making us all the subject of remarks is indeed most painful in CAcry 
 respect, whether the blame fall xv^on you or ourselves.- As a Tich- 
 borne you cannot avoid being remarked in this County, and your 
 shunning parties balls &c Ave should truly regret, Avishing you as Ave 
 always have done to take that position in society in Avhich it has 
 pleased God to place you, and nothing could be more injurious to 
 you than shutting yourself up in solitude, or associating Avith those 
 beneath you, the only alternatives in a lonely hunting quarter. We 
 conclude that your Father Avill most certainly be surprised that you 
 should not hunt with these hounds if you do not go to the v[\o^t fre- 
 quented hunts, and therefore Avould natiu^ally inquire AA'hy you choose 
 15 or 20 miles from home, rendering impossible or nearly so your
 
 ( 219 ) 
 
 even hearing mass on Sunday & therefore an explanation must 
 ensue. Your Uncle desires me to say in that case, he hopes yoii 
 Avould act Avith perfect sincerity towards your father and we should 
 do the same. We have acted from a sense of duty & only regi-et 
 you do not see the full force of the unpleasant circumstances into 
 Avhich you are throwing us all.'''' 
 
 He writes again to his aunt : " Seeing that there is no chance of 
 our going abroad for a long time to come if ever we go at all and 
 moreover that I am not allowed to make an exchange I don't care as 
 I have told my Father remaining in the Army any longer but wish 
 to sell out and settle in England as a Country Gentleman for this 
 Winter only, because it is my intention to embark early in Spring 
 for South America where I intend to travel, as also in Mexico. 
 I have a o-rcat wish to see those two countries. But before ffoing; 
 abroad I think it quite natural that I should see a little of English 
 life. I received a letter from my Father this morning leaving me 
 perfectly at liberty of selling out and settling in England if I liked 
 it. I must say moreover that the last time I saw him he expressed 
 his strong wish that I should leave the Army. As to my going to 
 parties and balls I never go. I have not since I left Dublin been 
 out but to one evening party. I could not help going to it otherwise 
 if I could have helped it I should not have been. It is no pleasure 
 for me to go to balls and parties, I much sooner remain at home. 
 As to my settling in Hampshire I don't see why you should have 
 such an objection to it. I shall only be there but for a very short 
 time, my not going any were " — " Avhere " is written wrong — "Avill 
 shelter you against any remarks which might be made about my not 
 going to Tichborne and I shall be besides that at such a distance of " 
 — of for off — " that my not coming to see you won't be remarked. 
 To shelter you still further against any other remarks I shall not in 
 all probability himt either with the H.H. or the Hambleton. As to 
 my Father making any remarks about my settling 25 or 35 miles 
 from Tichborne I am perfectly certain that he will not make any 
 remarks about it as he leaves me perfectly at liberty of settling where 
 I like. If he was to make any remarks about it I have only to 
 answer that I preferred that part of the Country and I am perfectly 
 certain that he will not make any remarks about it. If I take a 
 Cottage in Hampshire I shall chose a part of the Coimtry where 
 I know nobody and where nobody know me." 
 
 The correspondence having gone so far, and Roger having shown 
 no disposition to give up his scheme of taking a hunting-box, and 
 coming to spend the hunting season in Hampshire, preparatoiy to 
 going abroad in the spring, Lady Doughty suggests a different 
 course. At the end of one of her letters in Avhich she reiterates the 
 same sentiments she had expressed before, she says, " Your Uncle
 
 ( 220 ) 
 
 desires mo to ixcld, that sliouki Upton not be let at tlie time you cany 
 out your vicAVs, if it is any convenience to you to go there you could 
 do so ; the stables arc as you know excellent and there are two 
 servants in the house Avhich is always kept aired and it is Avithin 
 reach of JNIr. Drax and Mr. Farquharson's hounds. Adieu dear 
 Roger — may God bless you." That is Awitten on the 17tli of 
 October ; on the 22nd Roger Avritcs accepting the offer. " I hope 
 that you Avill excuse the long delay which has taken place in my 
 thanking you and my Uncle for the kind offer which you made in 
 your last letter which I found last INIonday on my arrival at No 34 
 St James Place. I shall be very glad indeed to go and live at 
 Upton during this Avinter. I like the place very Avell and I liaA'c no 
 doubt that I shall be able to spend my time there very pleasantly. 
 I dare say that I shall be able to get some hiuiting Avith the Ncav 
 Forest fox hounds and perhaps Avitli some other packs AAdiich may 
 come in the neighbourhood. I shall have plenty of stabling for my 
 horses AA'hich is a great thing for me. I shall be I think able to leave 
 the Army before fcAv days are over and I shall go and settle there at 
 once." On the 23rd of October he Avrites to Mr. Gosford, and says: 
 " As I see that it is perfectly useless for me to try any longer to 
 make myself understood hy Lady Doughty, I should feel obliged to 
 you if you had the kindness to explain to her that she is perfectly at 
 liberty to tell my father at any time she likes Avhat are the reasons 
 why I don't go to Tichborne ; that so far fi-om Avishing to make 
 a mistery of it it Avas fidly my intention the last time I Avas at Tich- 
 borne to let my father knoAv Avhat attachment existed between me 
 and my cousin. But it appears at present Avith her straightforward 
 way of acting in these matters, she seems to accuse me and make 
 a crime of my keeping all Avliat has passed quiet, as I think it best to 
 do at present. But however, let the case be as it may, so far from 
 wishing to keep the thing secret, I shall make it knoAvn puljlicUy" — 
 the last syllable being spelt Avith tAvo'Ts" — "to my father or to 
 anybody else she likes, at any time she Avishes me to do so. I say so 
 in full confidence because I am certain that nobody can disaprove" — 
 Avritten Avith one p — " of the Avay I have acted all through it, as it 
 has always been in the fairest and honourable Avay toAvard my family 
 and every body else (and I am certain that it Avas not ahvays an easy 
 task) As my Uncle and Aunt Avere kind enough to offer me Upton 
 (though I see quite plain through it, as their chief object in this case 
 is to prevent me from settling in Hampshire) I intend going there in 
 all probability in the course of next week, and as I hope by that time 
 to be able to have settled all about my leaving the Army I intend 
 remaining there all the Avinter. I should therefore feel obliged if 
 you had the kindness to send my tAvo guns and tAvo rifles there 
 as I intend to have plenty of practice before I Ijegin my travels early
 
 ( 221 ) 
 
 in spring." Then lie writes his annt a long letter of the 25th: " The 
 reason why I wrote to Mr. Gosford to explain to you that I had no 
 wish to keep what has passed at the beginning of this year and what 
 has occurred last sunnner a secret from my father were these. 1 have 
 tried several times before to explain to you that it was best to keep 
 all what has passed quiet for the present as yoii had objected to my 
 letting my father know when I offered to do so when I was last at 
 Tichborne, Avhich Avas then the time to have made what had passed 
 known to him, because in all things a person must consider the good 
 and bad side of it and the time to let it be knoAvn. Don't be my dear 
 aunt offended at Avhat I say, I shoidd be sorry if yovi thought for 
 a moment that I Avish to offend you in the least. It Avas no mistery 
 to me that by your offering me Upton to live in you Avishcd to pre- 
 A'ent me from going to live in Hampshire. I am A'ery much obliged 
 to you and my Uncle for your kindness. I am Axry fond of the 
 place and I dare say that I shall be able to spend my time there very 
 pleasantly." Then he justifies his leaving the army, and then goes 
 on: " But hoAvever, let the case be as it may, it is not my intention 
 to remain in England. If I expressed in some of my letters the Avisli 
 to go and settle in Hampshire for fcAV months it Avas merely to spend 
 fcAV months in England and to enjoy a little limiting, but as it cannot 
 be as I Avished it at first, I am nevertheless very Avell pleased Avitli the 
 change, and so much so that there is I belicA^e no Society about 
 Upton and I dont go out anyAvhcre : it Avill suit me very Avell as 
 I shall not be asked out. It is frdly my intention to embark for 
 South America either in March or April, and to travel in that 
 country as also in Mexico for a year or tAvo, if not more. I had 
 CA'cry reason to believe that as I grcAV older my game Avould be easier 
 for me to play but I see plainly that the older I groAv the more difficult it 
 comes. I have quite enough of it at present and I am in great hopes 
 that Avlien I shall be far away I may perhaps enjoy a year or tAvo 
 quietness AAdiich is certainly Avortli looking to for me." Finally, he 
 says : "As you have brought things to a kind of crisis I shall 
 certainly not shrink from it. I have ahvays behaved as fairly and 
 honourably toAvards every one of my family as I possibly could 
 though it Avas and as ahvays been" — this is an instance Avhere he 
 Avrites "has" Avithout the "h" — "next to impossible to please CA^ery 
 body even so to make tAvo opinions agree. But as I have [as, 1 have 
 said before) nothing to reproch myself Avith, I dont see AA^hy I should 
 not folloAV up the straight line of conduct Avhich I have traced for 
 myself." 
 
 There are tAvo more letters in October, Avhich bring the correspon- 
 dence of that month to a close. The first is a letter from Canterbury 
 to Mr. Vincent Gosford, informing him he has accepted the offer of 
 Upton. And there is a passage in this letter Avhich may throAv con-
 
 ( 222 ) 
 
 sideraLle llglit on a part of the case wliicli otherwise might appear 
 more or less mysterious. He begins : " I should feel much obliged 
 if you had the kindness to get the stables" — that is, the stables at 
 Upton — " and a room for my groom and a place for my dog cart 
 ready as soon as possible as my horses Avill arrive either on Wednes- 
 day Thursday or Friday afternoon, to the latest. As I see by your 
 letter that you are going to Upton I should feel much obliged if you 
 had the kindness to take down with you my two friends Spring and 
 Piecrust. I hope that the journey wont fatigue too much their 
 delicate constitutions." — Xow observe what follows — " I should feel 
 greatly obliged if you had the kindness to bring down with you at 
 the same time all my things, such as my four brass instruments with 
 the mouth-pieces and crooks, my tAvo guns and my two rifles, 2 pair 
 of jack boots, brushes, — I have two pairs left at Tichborne — two red 
 coats, two pairs of shooting shoes and perhaps some light ones which 
 I have forgotten there, shooting jackets, coats of every description, 
 as also trousers of every colour, as also my books and music books, 
 my six or eight hats, and caps of all shapes and colours, as also my 
 backgammon board, my haversack, pipes, tubes if there are any, 
 hunting cap, whips "\\ith the lashes, hunting spurs (I had two pairs 
 left in my sitting room) scarfs, in fact every thing which you may 
 find in the house which belongs to me I hope that it won't give you 
 too much trouble to bring all those articles, you may easily put them 
 in a large box. I should feel obliged if you packed up my brass 
 instruments careflilly in a box, as it would be a pity if they were 
 spoiled. Will you have the kindness to settle with Bran about my 
 dogs. I shall give it back to you the first time I see you, or you let 
 me know how much it is. I shall be able to leave Canterbury for 
 Upton I hope tOAvards the latter part of the week. I have not yet 
 been able to send in my papers to sell out. I am negociating very 
 hard with the other officers to try to get back the money which 
 I gave above regulation. I shall be obliged I am afraid to lose some 
 of it and to wait some time before I can get back a portion of it, but 
 I am nevertheless in great hopes of getting back most of it with 
 time. I shall write to you tomorrow afternoon." 
 
 Here, gentlemen, you see how careful he is about things to which 
 perhaps other people woidd not have attached so much importance — 
 articles of little value — he has them all carefully packed up and con- 
 veyed from Tichborne to Upton ; and the enumeration given shows 
 what a number of articles there were. He wants everything he has 
 packed and brought to Upton ; hunting coats, other coats, hats, 
 caps, of every sort and description, everything belonging to him, 
 which of course Avoidd include linen, either plain or fancy; everything 
 is to be brought to Upton. What became of all those things? The 
 answer mav be material hereafter. Of course he did not take his
 
 ( 223 ) 
 
 livmtlng coats, or driving coats, or anytliing of tliat sort, to South 
 America; what became of them ? He would not, I take for granted, 
 give them away — that Avas not his habit. Even his old regimental 
 trousers he kept; they have been produced on this trial. All these 
 things were brought to Upton ; there is no trace of their having been 
 disposed of or sent elsewhere. Upton within a few months of that 
 time came into the possession of Sir James and Lady Tichborne. 
 As to these things — which he did not choose to give away and 
 Avhich he would be likely to keep for his future use — for whatever 
 may have been his intention — and I will discuss that by-and-by — on 
 leaving South America — his intention on leaving England certainly 
 was to come back to England, although at a remote period — the pro- 
 bability is, as he had a habit of taking care of his things, and not 
 throwing anything away that might possibly be of use at a future 
 time, that, either on one of three visits to Paris, Avhich you Avill find 
 he makes between the time we are now at and the time of his going 
 away, he would take the things he wished to keep and leave them 
 there, or that he left them at Upton, or at Thompson's — a place he 
 usually resorted to in St. James's Place, London — in either of Avhich 
 last cases, Roger Tichborne being supposed to have perished, they 
 would naturally be given up to Lady Tichborne, his mother, and 
 Lady Tichborne not believing in his death, would in all human pro- 
 bability put them aside carefully. What those things consisted of 
 we do not know, but the fact of there having been such things 
 carefully kept at Tichborne, sent for by him to Upton, and thus 
 brought into his possession shortly before he Avent abroad, without 
 there being any trace of the things being afterwards got rid of, is a 
 circumstance to be borne in mind in a future part of the case. 
 
 On the 28th of October, stabling for his horses, and everything for 
 his reception having been prepared by Mr. Vincent Gosford, he goes 
 to Upton, and the correspondence to which I have called your atten- 
 tion being before you, you will be enabled to judge — and by-and-by 
 that will be one of the most important and critical questions in this 
 case — whether from the 22nd of June to the 28th day of October, up 
 to which time Ave have noAv arrived, Roger Tichborne ever set his 
 foot in the mansion of Tichborne or in the surrounding neighbour- 
 hood. It is, Avith a vicAv to your hereafter sohdng that question that 
 I have, at some fatigue to myself, and I fear at great fatigue to you, 
 taken you through this correspondence. You Avill see that fi-om the 
 moment he receiA^ed that letter of the 1st of July fl'om his aunt, his 
 sense of indignation Avas aroused, and I must say I do not Avonder 
 at it. I cannot look at Avhat Lady Doughty Avas then doing and 
 Avriting, and the course she Avas pursuing, without thinking he AA^as 
 Avell warranted in saying she was " diplomatising," and dealing dis- 
 ingenuously AAdth him. It Avould have been much better for her to
 
 ( 224 ) 
 
 have said at once, witli licr liusband's sanction, " there must be an 
 end to all commnnication, all relation, all hope of fatnre nnion be- 
 tween you and your cousin; Ave must cut that short; "though the 
 wound may bleed, it must be seared ; and all possibility of any recur- 
 rence of the former state of things put an end to." But she endea- 
 voTU's to get him to plight his troth to her danghtcr, while her desire 
 Avas that the daughter should see some one she liked better, and Avho 
 Avoidd be as eligible a match as Roger, or perhaps a better, in Avhich 
 case poor Roger Avas to be throAvn overboard, and left to bear his dis- 
 appointment and his sorrow in- the best Avay he could. 
 
 Roger quite saw what Avas her drift ; he says he "saw through it;" 
 and I perfectly understand Avhat he means by saying so ; and AA'hen 
 he declares positively that he Avill not go back to Tichborne except 
 he has an express in\dtation from Sir EdAA^ard and Lady Doughty, 
 as far as I can see, he never departs, from that resolution: and most 
 assuredly no express invitation Avas given, because Ave find the very 
 proposal to come into the county is immediately met on the part of 
 Lady Doughty by the most strenuous opposition and strong remon- 
 strances addressed to him. 
 
 Then comes the compromise, the effect of Avhich is that, instead of 
 coming to settle in Hampshire, he accepts the loan of L^pton, and 
 goes to reside there. We shall trace his proceedings there Avhen avc 
 resume to-morroAV. For the present I bring you doAvn to the 28th 
 of October, on Avhich day Roger Tichborne took possession of 
 U])ton, as lent to him by his uncle and aunt for the hunting season, 
 in order to prevent his coming into the neighbourhood of Tichborne. 
 
 ONE HUNDRED AND SEVENTY-SECOND DAY. 
 
 Tuesday, February 3, 1874. 
 
 The Lord Chief Justice : Gentlemen of the Jury, at the con- 
 clusion of my observations to you yesterday, Ave left Roger settled at 
 Upton which, as you remember. Sir Edward and Lady Doughty had 
 offered him as a residence, as the alternatiA^e to his taking a himting- 
 box in Hampshire. This brought us to the end of October. Noav 
 the facts and dates of the correspondence in the ensuing months of 
 November and December, at all events, the first half of December, 
 Avill be, Avhcn Ave come to another part of this case, all important. I 
 allude to Avhat has been called the " sealed packet." When Ave come 
 to that, it Avill be essentially necessary that you should be thoroughly 
 conversant Avith every date and CA^ery letter; and inasmuch as I 
 desire that, Avhen we come to that part of the case, all this should be 
 perfectly fresh in your memory, and I should therefore have to go
 
 ( 225 ) 
 
 over it again with a view to that object, I think it better to pass over 
 tlie correspondence of that period for the present. 
 
 I pass on therefore to two letters of the 16th of Dec, which refer 
 to a circumstance connected with this period — not in itself of import- 
 ance, except as one of the tests applied by Gosford to try the memory 
 of the defendant, to see if he could recollect a thins that Rog-er 
 would have been likely to recollect, namely, what happened in the 
 pursuit of certain poachers on the island on the occasion of Roger 
 being at Upton. He -RTites tAvo letters of the 16th December, one 
 to Mr. Gosford, and the other to Lady Doughty, gi\dng an account 
 of his pursuit of these poachers, who had come to the island to take 
 the rabbits which were upon it. He writes to ]Mr. Gosford : 
 
 " Upton House, Poole, Dorset. 
 " My Dear Sir, 
 
 ** I have been since the 14th and loth so very busy in pursuing 
 
 poachers that I have had no time left to do anything else, but to 
 
 cruise in the bay round the little Island. I have put 25 rabbits in 
 
 the Island, and I don't know how they managed to know it in Poole the 
 
 next day. Two days ago INIoore came to my room, telling me that 
 
 two men were shooting in the Island. I ran down to the shore, 
 
 began to run as hard as I coidd towards the Island, when I and 
 
 the man who was in the boat with me were within two or three yards 
 
 from shore, the shooting party saAv us, so that they ran for their boat 
 
 as hard as they could, both of iis jumpt up to our middle in water to 
 
 try to catch them, but we were two minutes too late. They began to 
 
 row towards the Lime kiln, Ave began to chase them as hard as Ave 
 
 could. When they saw that they made a circle and made for shore. 
 
 AVe also made for shore ; Avhen they Avere Avithin a quarter of a mile 
 
 of us they seeing that Ave kept on the chase in good spirit, they made 
 
 for Poole Ave made for Poole also. AVe arrived in the harbour five 
 
 minutes after they left their boat there and ran aAA^ay. I left my man 
 
 to prevent their taking their boat aAvay, and I Avent in my Avet clothes 
 
 all about the toAvn to try to find them, but I could not find them any- 
 
 Avhere. After this I went to make my report to the police office ; the 
 
 chief justice told me that they Avould take a great care of those tAvo 
 
 gentlemen as soon as they could find them. A great croAvd was at 
 
 my boat Avhen I came back. I told them all that I had nothing to 
 
 do but to go after poachers, and that another time I Avould not go 
 
 after them, but smash their boats AA'ith my rifle, AA'hich I thought 
 
 Avould save me much trouble. I had not been an horn: and a quarter 
 
 in my boat, Avhich is good going, as I A\^ent nearly over 5 miles. 
 
 My tAvo horses are going up to London to-morroAA^, to be sold at 
 
 Tattersall's on Tuesday. If you see Colonel Greenwood, will you 
 
 tell him that my horses are to be sold on that day, as he has a fancy 
 
 for one of them. Pray let me knoAv by return of post Avhat reserve 
 
 Q
 
 ( 22G ) 
 
 price you will put on my bay. I am going to Southampton to 
 embark for Havre next day. Let me hear from you when I shall 
 be in Paris. Pray remember me very kindly to Mrs. Gosford. 
 
 " Believe me, 
 
 " Yours Truly, 
 " 16th December, 1852. " R. C. Tichborne. 
 
 " P.S.— Any ncAvs." 
 
 He writes to Lady Doughty ; 
 
 " Upton House, Poole, Dorset. 
 
 " My Dear Aunt, 
 
 " In want of a pack of fox-hounds in this neighbourhood I have 
 began since the last two days a new kind of sport. I saw two men 
 shooting on the island two days ago. I made for the island as fast 
 as I could, but arrived, I am sorry to say, two minutes too late. I 
 chased them to the limekiln, back again to Ham, and up to Poole, 
 where I lost them. 
 
 " I had a young man with me who had about as much idea of 
 rowing as I have of flying, otherwise I could have come alongside of 
 them. To my great astonishment I saw the account of it in the 
 county paper, which I have forwarded to you to see that I have 
 began a new kind of sport, which is not without its interest. I expect 
 to receive one of these days a commission for the special purpose of 
 destroying poachers. 
 
 " I am going to embark at Southampton to-morrow for Havre. I 
 shall remain in Paris till the time which I have specified in my last 
 letter. If there is anything which I can do for you in Paris pray 
 let one Icnow. My horses are going up to London to-morrow to be 
 sold on Tuesday. 
 
 " Pray give my love to my Uncle and Cousin. 
 
 " Believe me. My Dear Aunt, 
 
 ** Your very affectionate Nephew, 
 
 " 16th December, 1852. «R. C. Tichborne. 
 
 " P.S. — Pray excuse this hurried note — it is post-time." 
 
 On the 17th of December, he left Upton on a visit to his father 
 and mother at Paris, returning on the 31st, when he went direct to 
 Canterburv. 
 
 The next letter of this period to Avhich I call attention is one from 
 Lady Doughty addressed to him on his return to Canterbury, fi-om 
 his visit to Paris, on the first day of the year 1853. " Tichborne 
 P'' — New Years Day. INIy dearest Roger We have just heard that 
 you are returned to England. You are aw^are that dear Alfr-ed is 
 here and if you would like to see liira your Uncle has just desired 
 me to say that lie and Alfr-ed would have much pleasure in seeing
 
 ( 227 ) 
 
 you if you could come here next Tuesday morning 4"' & remaining 
 here till Friday T"', & will you kindly then leave & not let your Uncle 
 suppose it to be your last leave taking " — tlie uncle Avas in a hopeless 
 condition, and died two months afterwards — " but rather that it is 
 probable you may meet again before finally parting — We shall be at 
 Wardour & it is better, for however much I could have wished to 
 have seen you at present it is better it should not be now. If you 
 will enter into this arrangement & come, it will shew a kind feeling 
 on all sides and I am sure we have no other — I fear you did not see 
 INIr. Gosford yesterday though you were both in Town, he is to re- 
 turn this evening but he is extremely luiwell and to be kept very quiet. 
 By coming here you wall have the opportunity of seeing him — the 
 Nangles are also here & with our united kindest wishes for a happy 
 new year I remain dearest Koger — Y"" attached Aunt K. Doughty." 
 Now I must say it is one of the darker traits in Koger's character 
 (and it is not the only one) that he did not respond as he should 
 have done to that invitation of his aunt. He may possibly have felt 
 that he had cause of complaint and grievance against his uncle, and 
 more especially against his aimt ; but the uncle had been a second 
 fiither to him, and he was evidently dying. Roger knew the state of 
 health he had been in for some time, and he knew full Avell, as his 
 subsequent letters show, that he shoidd never see his uncle again. In 
 leaving; Eno-land he was leaving; behind him a man who had been all 
 affection and kindness to him, never to see him more. Yet so strong 
 Avas his feeling of resentment against Lady Doughty, more especially 
 Avhen on asking him to come and see his dying uncle, she said that she 
 and her daughter would not be there, that nothing would induce him 
 to go. He writes to Mr. Gosford, on January 5th, " Many thanks 
 for your last letter, which I had the pleasure of receiving half an 
 hour ago. I received a letter fi-om Lady Doughty last Monday, 
 asking me to go to Tichborne on the 4"^, and requesting me besides 
 to have the kindness to leave on Friday morning the T***. It is not 
 certainly my intention to go to Tichborne, and if her Ladyship still 
 thinks that she can make a tool of me as in former days she is, I must 
 say, greatly mistaken. It would have been quite impossible for me to 
 have gone doAvn there at present, but even so if I had been at liberty 
 I certainly Avoidd not have gone." It is to his disadvantage cer- 
 tainly, I must say, that the feeling of gratitude should not have 
 prevailed over that of resentment. 
 
 I do not knoAV that there is anything in the further correspondence 
 u]3 to the time of his leaving which I should call your attention to. 
 I have only to state that between the end of October, when he settled 
 at Upton, to the time he left this country — a period of four months 
 — he paid no less than three visits to his father and mother at Paris. 
 That is a fact not imimportant when Ave come to consider by-and- 
 
 q2
 
 ( 228 ) 
 
 by what were liis relations with his family when he went abroad — 
 whether thei'e was any disnnion, quarrel, or dissatisfaction in his mind, 
 which would cause him to break off or suspend all correspondence or 
 communication with his parents. It appears from the correspondence 
 that he left Upton on the 5th of November to pay a short visit to 
 Paris, leaving Paris on his return to Upton on the 13th of that 
 month, so that he was away eight days. Again on the 17th of 
 December he left Upton for Paris, and did not come back to Upton, 
 but to Canterbury, where he rejoined his regiment prior to his send- 
 ing in his papers and retiring from the army. He did not arrive at 
 Canterbury until the 31st of the month of December, wdiich again 
 occupied a fortnight's time. On the 26th of January, just prior to 
 his final departure, he is again in Paris. He wa-ites, I think, on the 
 28th or 29th fi-om Paris, stating that he had arrived there on the 
 26th. He writes from Paris to Mr. Gosford, and says he shall leave 
 Paris on his return, on the 14th of February, which gives, therefoi-e, 
 a stay at Paris for a period of nineteen days on this last visit ; from 
 which it necessarily follows that the defendant cannot be right in 
 stating that his last visit to Paris was only for a single day, or if for 
 more, at all events only for a day or two ; because these letters show, 
 beyond all possibility of question, that he was there for nineteen 
 days. Now it was on the occasion of that last visit, that some of the 
 facts spoken to by the "witnesses from Paris occurred. In the first 
 place, according to the evidence of INI. Chatillon and his wife, Roger 
 breakfasted with them on the last dav he was in Paris : he went to 
 pay a visit to Chatillon, who begged him to stay to what the French 
 call dejeuner, which is neither breakfast nor luncheon, nor what 
 would be exactly interpreted by either of those terms, but is a sort 
 of combination of both ; and it was on that occasion, according to the 
 evidence of the Chatillons, that the tattoo marks were seen by them on 
 his arm. I think it was on that day, after breakfast — at all events 
 it Avas on that \'isit to Paris — that Chatillon and he walked out 
 together, and the silver chain Avas purchased of which Chatillon told 
 us, and which Roger's father paid for. On that day the dinner took 
 place, at which the fcAv remaining fi-iends of the father and mother of 
 Roger assembled — M. d'Aranza, the Abbe Salis, and M. Chatillon. 
 It was on the occasion of that visit also that Gossein saw him. 
 Gossein had no idea that he was in Paris ; he knew that Roger was 
 in the English army, and was surprised one day as he was walking, 
 to hear his name pronounced, and on turning round he saw that it 
 was Roger, whom he recollected though he had not seen him for 
 some years. Roger was glad to see him, took his address, and said 
 he should call upon him and have a chat Avith him, and did so ; and 
 so the recollection of Roger was revived in the mind of Gossein. He 
 was much surprised to find that he had left the army and Avas going to
 
 ( 229 ) 
 
 travel in South America, but Roger explained that " there were family 
 reasons." That is Gossein's last recollection of him. On that occasion 
 it was that Burden, who had taken Gosford's place in the service of Mr. 
 Tichborne, tells us he attended him on the night before his departure, 
 when he Avas suffering from asthma, or some affection of the throat, 
 which he thought Avas consumption, and he got a poultice for him. 
 
 The time now arrived for Roger Tichborne's departure from Eng- Departure 
 land ; he had taken his passage in the ship ' La Pauline,' and it is ™™ t"yland. 
 not unworthy of observation, as showing an eye to business, and how 
 careful he was about money, that he mentions, in one of his letters to 
 Mr. Gosford, as a reason for preferring a French ship, that he found 
 he could go to Valparaiso in a French ship cheaper than he could in 
 an English one. He takes his passage in this vessel ' La Pauline,' 
 Avhich was then about to start for Valparaiso. The ship set sail from 
 Havre on the 1st of March, but met Avith contrary Avinds and stormy 
 Aveather, and after beating about in the Channel for some little 
 Avhile had to put back again into Cherbourg roads. She took her 
 departure from thence on the 3rd of March, but Avas again met by 
 baffling Avinds and bad Aveather, and on the 8th of March she was 
 still in the English Channel, and obliged to put into Falmouth. 
 There she remained for four days, Avind and Aveather-bound ; and, 
 in the meanwhile, Roger Avrites home to inform them of the mis- 
 chances he had met Avith. On " February 9th " — which is obAaously 
 a mistake for March 9th, as Ave knoAv he did not start from HaATe 
 until the 1st of March, and the post-mark is " Falmouth, March 9, 
 1853" — he AATites: "My dear Aunt, We have been obliged to 
 get in the harbour on account of contrary winds AA'hich Ave have 
 had very nearly since Ave left Havre yesterday Aveek. But fortunately 
 there is a change likely to take place in the Aveather, so that I am 
 happy to say Ave Avill be able to sail this afternoon. Our passage from 
 HaAa-e here has been rather slow on account of the Avind, Avhich has 
 almost ahvays been against us. But I certainly hope that this even- 
 ing Ave shall be able to sail and not remain in this place longer than Ave 
 can help it. It Avould be rather difficult for me to give you a descrip- 
 tion of the life Avhich Ave lead on board ship. We are only three pas- 
 sengers, myself, ISIoore, and another passenger aa'Iio is generally sick. 
 The ship is a very fine and comfortable ship, the cabins are large and 
 comfortable, and has we haA^e " — here is an instance, out of one or 
 tAvo, in which he uses the aspirate in AA^-iting the Avord " as " Avhen of 
 course it ought not to be there—" the advantage to have a very good 
 cook on board, we have very \'ery good dinners and breakfast, AA-hich 
 I can assure you I enjoy much. As there is not much to be done on 
 board, I have taken to read and studying Spanish, Avhich Avill be A^ery 
 useful to me in my traA'els. I am happy to say that I am remarkably
 
 ( 230 ) 
 
 well and in very good spirits which I hope I shall keep on to the end 
 of my travels. I sincerely hope that my Uncle feels himself better. 
 Pray give him my love, as also to my Cousin. I don't think it likely 
 that I shall be able to write to you again till I arrive at Valparaiso, 
 unless some opportunity should occur by which I might send letters 
 to England. Believe me, INIy Dear Aunt, Your affectionate Nephew, 
 R. C. TiciiBOENE. P.S. — I am greatly in hopes to have the 
 pleasure of finding a letter from you at the post office, Valparaiso." 
 So that, you see, not only was he at Falmouth, but he writes to his 
 avmt as to the position they Avere in at that time. They expected to sail 
 that evening, but they did not sail, as appears fi-om a subsequent letter 
 we have from him, till the 12th of March. The stay at Falmouth, 
 therefore, was a stay of four days, and it is a thing which one would 
 suppose he Avould be likely to remember. It is necessary to mention 
 this, because, as one of the tests used to try the defendant's memory, 
 he was asked Avhether they put into any port Avhile the ship Avas on 
 her Avay to Valparaiso, and at first he had no recollection of anything 
 of the kind, though, on a subsequent occasion, he said he did remem- 
 ber it. That you will find by-and-by when Ave come to deal with that 
 part of the case. 
 
 NoAA^, the ship, having sailed fi-om Falmouth on the 12 th of March, 
 arrived at Valparaiso on the 19th of June. This is shoAvn by the 
 correspondence to Avhich I am about to call your attention. We are 
 noAv about to enter on a very critical and very interesting period, 
 when I shall haA^e to ask your very careful attention to facts and 
 dates. We are about to enter upon ground trodden by Arthur Orton, 
 and a third person will appear on the scene. The defendant stands, 
 as it Avere, between Roger Tichborne on the one hand, and Arthur 
 Orton on the other. The question is whether he is the one or the 
 other, or, possibly, a third person. Noav, the letters to Avhich I am 
 about to call your attention have, unfortunately, been printed Avith 
 remarkable inaccuracy ; there is scarcely a line in AA'hich there is not 
 some mistake. Those aa^Iio transcribed the original letters AAith the 
 vieAv of their being printed, must certainly have done it very carelessly. 
 At the same time alloAA^ance has to be made ; the letters are long ; 
 Roger Avrote a remarkable, but, at the same time, more or less, il- 
 legible hand, more especially when Avriting rapidly, as he appears to 
 have done Avhen Avritino; of these long: letters : and he had the abomi- 
 nable habit, which some people Avill persist in, of crossing his letters ; 
 and the consequence is they are very difficult to make out. It oc- 
 curred to me that there must be very grievous mistakes, and I took a 
 course of Avliich I am sure everyone Avill approve — I asked our ex- 
 cellent and indefatigable officer, Mr. DaAds, to be so good as to go 
 through these letters, collate them with the originals, and mark Avith
 
 ( 231 ) 
 
 red ink all the inaccuracies lie found, so that I might have a perfect 
 printed transcript of the letters of lloger; and therefore what I shall 
 read to you, you may perfectly rely on. In the first place, it appears 
 that Roger, arriving at Valparaiso on the 19tli of June, found no 
 letters from England as he had expected, and he did not move from 
 Valparaiso until he had received intelligence from England. lie did 
 not get any until the 29th of June, and then he got no letters from 
 any one except Lady Doughty, but her letter contained important 
 news : it informed him of the death of his uncle. Sir Edward, who 
 had died while lloger Avas still in the Channel, namely, on the 5th of 
 March, 1853. On the receipt of that intelligence he whites to her 
 thus: "Valparaiso, June 29, 1853. My Dear Aunt, I felt very 
 deeply indeed the sad news which I learned only a few moments ago 
 by your last letter. I felt it much more as I felt almost certain that 
 my Uncle Avould have recovered fi'om the sever attack of illness 
 which he had Avhen I left England. I have always been though per- 
 haps I never shewed it much sincerely attached to my Uncle, he has 
 always been on all occasions very kind to me. I was not certainly 
 able to show it as much as I could have wished, but I felt neverthe- 
 less as deeply for him as I could. I never saw my Uncle's death in 
 any newspapers at Falmouth. I looked as soon as I came here over 
 all the old English newspapers, but I could see nothing. As I learned 
 by yoiu- letter that you were going abroad it is not likely that any of 
 my family will see or hear of this letter, and of the private remarks 
 which I may make in it. I am not as you are perhaps aware of on 
 very good terms with the whole of my family. All the causes of 
 that disunion I know perfectly well. It is I believe better for you 
 not to know it at present (at least by me)" — What he means by " the 
 whole of my family," and " all the causes of that disunion," I have 
 been unable to fathom satisfactorily to myself. So far as we know, 
 there was no disunion between the different members of the Tichborne 
 family; and all the disunion which could at all have affected his 
 position was, that his father and mother were perpetually quarrelling 
 between themselves, and that the mother had contrived to embroil 
 herself with, or, at all events, to engender coldness between herself 
 and the different members of her husband's family, whom she had 
 always treated with very great disregard : Avhat else it can refer to I 
 have no idea. — He continues " All those different reasons which I had 
 fully time to take to their full value when I was last in London and 
 Paris make me thank heaven that I was quite out of the way at my 
 Uncle's last moments (though it may have appeared strange to many 
 persons). It would have been quite impossible for me to have been 
 able to keep my temper in the middle of all the different parties which 
 exist in the different branches of the family " — I have not the most 
 distant idea of what that referred to — " It would have been moreover
 
 ( 232 ) 
 
 impossible to have put up Avith my Father' and jSIother's character. 
 We sailed fi-om Falmouth on the 12*'' of March at 9 o' Clock at night 
 by a very stormy wind and a very heavy sea, which were fortunately 
 all in oiu: favour ; the Avind was so strong that Ave Avent during the 
 whole night at the rate of 1 1 or 12 miles an hour, we had a sail or tAvo 
 torn during the night. The Avind kept on faA'Ourable for about a fort- 
 night or three Aveeks. ToAvards the latter part of the month we 
 came in sight of the Pic de TinerifF, Avhich I saAV quite plain, 
 thouo-h at the distance of more than 90 miles from it. On the 
 2nd of April I saAv for the first time the flying fish, and as scA'cral 
 had fallen on deck during the night, Ave had them for breakfast 
 the next morning, I never tasted such a good fish before. We 
 crossed the Line on the 10"" of April at 10 o'clock at night. We had 
 about a fortnight or three Aveeks of very calm Aveather near the Line, 
 the heat during those calms Avas intense. The hotest day" — spelt 
 with one "t" — " I CA^er felt Avas during the first Aveek in April, the 
 thermometer went up to 130 degrees in the sun at 12 o'clock. The 
 Avind kept on much more favourable Avhen Ave had passed the line. 
 When Ave Avere near the Strait of Magellan, Avhen I Avas taking my 
 usual Avalk on deck after breakfast, I saAV quite on a sudden at least 
 15 or 20 Avhales quite near the ship sending Avater in the air as so 
 many jit d'eau. We came near Cape Horn tOAvards the middle of 
 May, and as the coast is dangerous, captains ahvays keep as far from it 
 as they possibly can, so that Ave Avent as low as the 62"*^ degree south. 
 The cold there was intense, any Avater falling on deck Avas frosten up 
 directly " — " frosten " for " frozen " — " but AAdiat Avas the Avorst of all Avere 
 the long nights. We had only six hours of daylight and 18 hours of 
 night. We remained there 1 5 days before we could get round Cape Horn. 
 When we came into the Pacific Ocean the w^eather came — " he ahvays 
 writes "came" for "became" — "gradually milder and days longer. I 
 arrived at Valparaiso on the 19''' of June at 12 o'clock. I Avas not able to 
 go on shore that day, it being a Sunday. I spend my time very agree- 
 ably during the passage, the captain and his tAvo officers Avere A^ery 
 nice sort of persons. I used to spend my time in reading, or as 
 there were ahvays a great many sea birds folloAving the ship, I used 
 to amuse myself in catching them Avith a fishing line or shooting 
 them Avith my gun. There AA^as only one passenger on board Avith 
 me, Avho has been more or less sea-sick during the AA-hole time. I 
 am happy to say that I never had a single moment of any kind of 
 illness CA^er since I left. If you ansAver my letter by return of post 
 you had better direct it here. As aa-c are noAV in this country at the 
 beginning of Avinter (though it is as Avarm as in England in summer), 
 I intend sailing on the same ship in AA'hich I came for Arica, Co- 
 quimbo, and Lima, to visit the north of Chili and the south of Peru 
 during the Avinter, to see all the copper and silver mines which are
 
 ( 233 ; 
 
 in that neighborliootl. If you are not able to answer this letter hv 
 return of post, you must direct your letter to Buenos Ayres or 
 Monte Video, where I shall go towards spring, when I have visited 
 the south of Chili, which I intend doing in spring. I have not time 
 to give you a description of Valparaiso in this letter as I have so 
 many letters to write to day. Pray give my kindest love to my 
 Cousin, and tell her that though far away I feel deeply how this 
 moment must be painful to her, and moreover that if ever I can be 
 of service to her to make use of me by letting me know what I can 
 do for her, as it will always be a pleasure for me to oblige her in 
 every possible way I can." In this letter he inserts, as he had often 
 done on former occasions, a private letter of the same date-- 
 June 29th : " My dear Aunt — I should not have written this private 
 note if circumstances had not forced us to some kind of explanation 
 and it was not my intention to remain a long time out and far away 
 from England. The letter to Avrhich you allude to at the end of 
 yours"— we have not got that letter, and therefore can only conjec- 
 ture what it was— "the letter to which you allude at the end of yours 
 has certainly produced a deep impression on my mind because a 
 person who has given his word of honour as a Gentleman that he 
 Avas doing his best to correct certain faults which he had and acknow- 
 ledged, he cannot but feel deeply if he is told in plain terms that his 
 word is worth nothing and that he is in fact a liar. There is always 
 a way of refusing a persons" — there is some word left out there — 
 whether " request," or " suit," or Avhat I do not know — " there is 
 always a Avay of refusing a persons without making such strong 
 allusions. But however it is now passed. I have not the slightest 
 rancour against you for those words Avhich have been said I hope 
 without thinking about it but at the same time it is very difficult to 
 forget it altogether. It is not likely as I have told you many times 
 before that I shall go to Tichborne to make any long stay and more- 
 over it is not my intention to go back to England for so77ie years to 
 come. I have thought that I might write this note hoping at the 
 same time that what I have said Avont offend you. Though I fully 
 expect to be far from England for such a length of time, if there is 
 anything AA-hich I can do for you and my cousin it Avill ahvays be a 
 pleasure to oblige you both to the utmost of my power. You may 
 rest assured my Dear Aunt that what has passed between me and 
 my cousin (though I feel as much attached to her as CA^er I Avas) has 
 nev been told by me to anybody and moreover never Avill be spoken 
 by me to any living soul and that I shall ahvays be happy to do 
 anything in the Avorld I can for her. I little thought a short time 
 ago that I Avould write a priA^ate letter again." Then he says : "I 
 intend as you knoAv visiting all South America and Mexico Avhicli 
 wiU take me about 18 month. I intend afterAvards embarking for
 
 ( 234 ) 
 
 India. But those are plans too far distant to be of any interest to 
 you at present." This shows what his intentions then were : to 
 travel in South America, and go thence to INIexico, which he said 
 would take him 18 months; and then to go to India. He Avrites on 
 the same day to his father, and this letter shows that the defendant 
 was wi'ong when he said that on arriving at Valparaiso he found 
 letters from his father and Mr. Gosford, fi'om which he learned the 
 fact of his uncle's death. Roger got no letter from his father ; he 
 got no letter fi-om Mr. Gosford. The only person who did write him 
 a letter was Lady Doughty, Avhich letter he refers to in the one I 
 have just read. To his father he Avrites: " I am perfectly at lost to 
 find out why I have not received any letters fr-om you since my 
 arrival here. I learned the sad news of my poor Uncle's death this 
 morning by a letter Avhich I received from Lady Doughty. I felt it 
 so much more as I never expected to receive such a painful intelli- 
 gence." Then he goes on to narrate, in very much the same terms, 
 the incidents of his voyage out. As I have just read them to you 
 from the letter to Lady Doughty, it is unnecessary to travel over the 
 same ground again. Finally he concludes : " If you answer this 
 letter by return of post you had better direct here, because as we are 
 at the beginning of winter, though it is as warm as in England in 
 summer, I am going to sail in the same ship in which I came at the 
 beginning of July for Arica, Coquimbo, and Lima, to go and see 
 the copper and silver mines which are to be seen in the north of 
 Chili and the south of Perou. I shall go and visit those places in 
 winter and at the beginning of spring I shall work my way to the 
 south. If you are not able to answer this letter by retm-n of post you 
 must direct your letter either to Buenos Ajtcs or Montivideo where 
 I shall go when I leave Chili." I call your attention to this as being 
 contained in the letter to his father as well as in the one to his aunt, 
 because the letter was kept by Lady Tichborne, and has passed 
 through the hands of the defendant, and is before us now. Then he 
 gives his father an account of Valparaiso, wdiich, hoAvever, is unim- 
 portant to the present inquiry, and which, therefore, as there is so 
 much to do, and to read, I pass over. He writes to Mr. Gosford on 
 the same day, June 29th, " I am perfectly at a loss to find out why 
 you have not written to inform me of my poor uncle's death. I 
 thought in all cases that you might have written me a line, if only 
 to inform me of the different changes which that deplorable event 
 had caused. I suppose that by this time my father and mother must 
 be settled at Tichborne. I suppose that you must have found it 
 very difficult a matter to please everybody, and I am sure that you 
 must have great difficulties now. The only letter which I received 
 this morning was from Lady Doughty, Avho gave me the sad intel- 
 ligence. I am also very much surprised at not having received any
 
 ( 235 ) 
 
 letters from my father since my arrival here. I cannot make out 
 why he won't ^vrite to me." Then there comes again a description 
 of his voyage, very much in the same terms as in the two former 
 letters. Then he says : " I have not, I am happy to say, had a 
 single moment of any kind of illness ever since I left. It was not 
 the case with the other passenger, who had been more or less sea-sick 
 during the whole time " — You will find questions put in the cross- 
 examination of the defendant about there being any other passenger 
 or passengers on board the vessel — " If you answer this letter by 
 return of post, you had better direct it here" — giving the same 
 reason, and naming the different places he is about to visit, in just 
 the same terms as in the former letter. " If you are not able to 
 answer this letter by return of post, you must direct it to Buenos 
 Ayres or Monte Video, where I shall go, on leaving Chili " — then he 
 adds : " I thank heaven that I Avas not at Tichborne when my Uncle 
 died, though many persons may think about it, that I was quite out 
 of the way, because it would have been quite impossible for me to 
 put up with the different parties which exist in the family — my 
 father and mother especially." 
 
 Thus, we see, he had made up his mind to go northward from 
 Valparaiso, and visit the north of Chili, and the south of Peru, and 
 his first stage was to go by the same vessel he had gone out in, to 
 the seaport of Arica ; but the vessel, the ' Pauline,' did not start as 
 early as he had expected, some circumstance or other, connected, I 
 suppose, with her cargo or destination, having led to delay. He 
 took the opportunity of that delay to make a visit to Santiago, the 
 capital of Chili, as appears from the letter Avhich I am about to 
 read. You will find that he left Valparaiso for Santiago the day 
 after he had written the three letters of the 29th of June, and he 
 arrived at Santiago on the 2nd of July. He stayed there until the 
 6th, and then set out on his return to Valparaiso. He sailed fi-om 
 Valparaiso on the 27th July for Arica. Now, it would take two days 
 to get from Santiago to Valparaiso. Between the 6tli and 27th there 
 would be nineteen days ; but if you take off two days occupied in the 
 journey from Santiago to Valparaiso, that would leave seventeen days 
 available between his departure from St. lago, which, fi-om the letter 
 I am about to read presently, was on the morning of the 6th, and his 
 leaving for Arica; and there will shortly be a question whether he 
 availed himself of those seventeen days for the purpose of going to a 
 place which becomes of paramount importance in this cause, called 
 Melipilla. At present I pass that question by, but will come back to it 
 somewhat later. The letter I have referred to is one written to his 
 mother after he had got to Lima, in which letter he gives an account 
 of his journey from Valparaiso to Santiago and back again, and then 
 of his fm-ther progress to the north. • On that letter — on a passage in
 
 ( 236 ) 
 
 that letter — on a Avord in that letter — may hang the solution of this 
 cause ; and therefore I am not wrong when I say it is necessary 
 carefully to follow it, to weigh the words of it, and to pay the most 
 accurate attention to the details Avhich Roger himself gives in it. 
 But before doing this let us first follow him on his onward course. 
 He goes to Arica; thence to Callao ; and thence to Lima. Having 
 stayed some time at Lima, and visited its institutions, he goes on to 
 Guayaquil ; he goes up the Guayaquil River with his servant and 
 two Indians, and remains some time in that neighbourhood, shooting 
 the birds of various plumage with Avhich the tropical climate abounds, 
 and then he comes back to Lima, to Callao, and takes, as he says, 
 the coasting steamer, which brings him first to one of the seaports on 
 the coast, and then finally brings him back to Valparaiso. He arrives 
 there some time before the 20th of December ; for he writes on the 
 20th of December a letter to which I shall call attention presently, 
 and says he is about to go from Valparaiso to Santiago for the 
 purpose of taking his departure across the Andes and the Pampas 
 to Buenos Ajtcs and Monte Video. Going from Valparaiso to 
 Santiago, on the second journey as well as on the first, two routes 
 were open to him ; the hill route, which is the shorter one, but 
 involves crossing a series of, I may almost say, mountains, certainly 
 immense hills, and the longer but more circuitous route, where you 
 have to make a considerable angle, but which is a lower and less 
 hilly route, w^hich goes through Melipilla. Thus, you see, he went 
 twice to Santiago fi-om Valparaiso. On the first visit he went back 
 from Santiago to Valparaiso ; but the last time he went to Santiago, he 
 started from thence to cross the Andes, and never returned. On no 
 other occasion, at no other time, and in no other way could he have 
 been at Melipilla, except when going from Valparaiso to Santiago 
 the first time, or going back that time from Santiago to Valparaiso, 
 or on the last occasion of his going from Valparaiso to Santiago. 
 Whether Roger stopped at Melipilla on either of those occasions is 
 one of the main leading questions in his cause. If on hearing his 
 letters read, you should be led to think that he did go to Melipilla, 
 we are just where we were before ; but if you are satisfied he did not 
 go to Melipilla, the defendant's case falls to the gromid ; because 
 most undoubtedly the defendant was at Melipilla. He not only has 
 put that prominently forward in his case, but it is owing to his 
 intimacy formed there Avith Thomas Castro that he accounts for 
 having assumed the name of Thomas Castro while he was living in 
 Australia. That Arthur Orton was at Melipilla is a fact about 
 which, when you come to look at the evidence, you Avill not be able 
 to entertain a shadow of doubt. The defendant, therefore, was at 
 Melipilla, and Arthur Orton was at MelipiUa. Supposing you 
 come to the conclusion that Roger Tichborne was not there, it
 
 ( 237 ) 
 
 certainly would not be logically true, that because Roger Ticlibonie 
 was not at Melipilla and the defendant was, and Arthur Orton was 
 also, therefore the defendant must be Arthur Orton ; but no doubt it 
 would be a considerable step in that direction, and would be a very 
 material circvimstance to take into account with a view to the affir- 
 mative of that proposition. On the other hand, it is logically true, 
 and it is irresistibly true, that if Roger Ticliborne never was at 
 Melipilla, the defendant cannot be Roger Ticliborne ; because he 
 could not possibly have been Roger Ticliborne Avlien at Melipilla, if 
 Roger Ticliborne never was at Melipilla. In that case he could not 
 have been there at any instant of time in the person of Roger 
 Ticliborne. Hence it becomes of the last importance and moment 
 to satisfy ourselves on this question : Was Roger Ticliborne ever at 
 INIelipilla ? 
 
 By the Jury : Does not the length of stay enter very materially 
 into it? 
 
 The Lord Chief Justice : No doubt. 
 
 By the Jury : Seventeen days is the maximum of time he could 
 be there. 
 
 The Lord Chief Justice : There is no question that it Avill be 
 of infinite importance when we come by-and-by to the correspondence 
 of the defendant, and to reason upon it, to see whether it is possible 
 that the extent of the acquaintance and intimacy which that corre- 
 spondence exhibits could have been attained in the short space of less 
 than three weeks. It is not, however, so much with a view to that 
 (although it is a question we must carefully consider by-and-by), that 
 I propose now to consider Roger's correspondence. I want to see 
 Avhether in these letters there is internal evidence, one way or the 
 other (I will not say which — that is for you to determine), of the fact 
 of Roger Ticliborne lla\^ng been or not having been at ]\Ielipilla. 
 NoAv we have here a letter to his mother, every word of which 
 requires attention; it is dated from Lima, the 25th of August, 1853. 
 " My Dear Mother, Many thanks for yom' letter dated 23"^ of May, 
 which was brought to me on board as soon as the Ship had tliown 
 her ancres" — that is a French expression — " in the harbour of Arica. 
 I hope that you will excuse this letter as it is nothing more than an 
 extract from my daily journal." So that we see he was keeping 
 a journal during the time he was travelling from place to place in 
 South America, and noting in it all the incidents of his travel. It is 
 not like a man writing a hasty letter, in which he seizes upon 
 something which may interest the person to whom he is addressing 
 himself; it is a man recording for his own satisfaction, and for his 
 own recollection hereafter, the incidents of his travels ; in which.
 
 ( 238 ) 
 
 therefore, lie would be apt to put down, not so mucli what may be 
 interesting to other people as that which is interesting to himself. 
 I observe this, because it is perfectly clear, that throughout these 
 letters, in which he gives the details of his journeying, there is not 
 only no direct mention, but not even any allusion, however indirect, 
 to his being at Melipilla ; and it is in that respect that it seems to 
 me important to observe that it is an extract from his journal, because 
 it strikes me (I do not say it must necessarily be so, but it is Avhat 
 one might naturally and reasonably expect) that, supposing a man 
 was detained by any accident in a place in itself of no particular 
 interest, but where he met with hospitality far greater than he could 
 have possibly expected, the place would thereby, from the pleasant 
 recollections associated with the hospitable treatment he had there 
 received, acquire an interest in his own mind which it otherwise 
 would not have ; and it would therefore be natural to expect, that 
 although the place might not have any other interest than a purely 
 personal one, he Avould still put down the fact that he had stopped at 
 such a place, and had been hospitably and kindly entertained. But 
 there is no mention of Melipilla in any of his letters. The question, 
 however, is whether you can collect from his letters that he did not 
 go to Melipilla. He continues, " The day after I had Avritten to my 
 Father I started on an excurursion" — he has repeated the " ur" in 
 excursion twice — a mere bhmder, I should think, because I find he 
 elsewhere spells the word right — " I started on an excurursion to 
 San lago which is the Capital of Chili. I was obliged to take 
 for my journey one of those Avonderfid carriages which go from 
 Valparaiso to San lago, those carriages are nothing more than 
 the old style cabriolet with" — it is a question whether it is 
 " those" or " three ;" Mr. Davis has not been able to make 
 it out — " horses and two postillions. As there are no posthorses 
 on the road about a dozen loose horses followed my carriage, as 
 soon as they wanted to change horses they caught one of the 
 loose ones with their laso's and put them to the carriage and let these 
 other ones to follow at liberty. The distance between Valparaiso 
 and San lago is 75 miles. As it is the custom I stopped and slept 
 half way. All the road between the two to^^ms is remarkebly hilly, 
 the country is not I must say very fertile for the want of cidtivation, 
 the only trees which I saw all the way were large Palm trees which 
 are certainly beautif " — the " ul " is omitted — " But the scenery came 
 finer and finer as I came nearer to San lago. I saw from the top of 
 those very high hills over which I Avas obliged to go an immense 
 range of the Cordillcros of the Andes which was certainly magnifi- 
 cent. I arrived at San lago on the 2"'^ of July at about 6 o'clock in 
 the evening." Now this makes it perfectly clear that, having left 
 Valparaiso on the 30th of June and arriving at Santiago on the 2nd
 
 ( 239 ) 
 
 of July, he could not on that journey have made any stay at Mellpllla 
 even if he took the road through Melipilla ; which, however, as he 
 speaks of the lofty hills over which he had to pass, I infer he could 
 not have taken, but must have gone by the hill route. At all events, 
 on that short journey any stay at INlelipilla is out of the question. 
 He proceeds : " The next day being Sunday I went to church, for 
 mass. I afterwards went to look at several others. The churches in 
 this part of the world are build " — instead of built — " in the Spanish 
 fashion, that is to say with very little appearance outside and deco- 
 rated with little or no taste inside with a profusion of gold. The 
 next day I went to see L'Ecole des Arts et Metieris which gave me 
 the idea of a very small English factory " — that next day is the 4th 
 — " From there I went to the Zoological Garden Avhich I suppose 
 on account of its being in the middle of winter was not in a fit state 
 to be seen. When I had seen all the curiosities I came back to my 
 Hotel. In the middle of the night " — that is the night between the 
 4th and the 5th — " my servant J. Moore was taken very seriously 
 ill. The landlord and about half the Avaiters in the hotel began to 
 go all about the tovm at about two o'clock in the morning to find a 
 Doctor, but could find none. I went in the morning " — that is of the 
 5th — " at about 7 o'clock and found one. After I had explain 
 what kind of illness Moore had, that it was the 3'^'* attack of the same 
 kind that he had had in less than a montli, and that he had thoroughly 
 looked at him he told me that he was not at all fit to travel but must 
 remain some time at Santiago and then go back to England. As 
 soon as I heard so I Avent to settle all about with Moore. When 
 I had settled all about" — there is something left out here, I do not 
 know what — " When I had settled all about with him I made my 
 arrangements to start the next morning " — that would be the Gtli — 
 " as I was anxious to be in time for La Pauline Avhich Avas to sail 
 shortly for Arica. When I arrived there I foimd that she Avould not 
 sail so soon as I had thought at first." — I shall come back to that 
 passage presently, and you will see hoAV vastly important a question 
 is involved in the language of that single passage. But before I do 
 that I shall first have to notice another letter written to his father, 
 wdiich I Avill call attention to presently. He goes on : " I sailed 
 from Valparaiso for Arica on the 27"* of July. We had a very fair 
 sailing. We arrived at Arica on the 1 1*'' of August I Avent on shore 
 the next day to see what Avas to be seen but it Avas so little that it is 
 scarcely Avorth mentioning. I left Arica on the 20"' on board one 
 of the Pacific Steamers for Callao and Lima Avhere I arrived on the 
 23"^ I found Avhen I Avas at Valparaiso " — you Avill observe that Moore 
 had been taken ill and left behind at Santiago Avhile lioger came on 
 to Valparaiso to resume his place on board the * Pauline ' to go to 
 Arica, and he wanted a servant ; and he noAv tells his mother what
 
 ( 240 ) 
 
 sort of a servant he got. The defendant stated in his examina- 
 tion that having left Moore behind, the captain of the ' La Pauline ' 
 allowed him to take one of the people of the ' La Pauline ' — the 
 second mate or carpenter, I am not sure which — as his servant. Is 
 that consistent with what lloger writes to his mother — " When I 
 was at Valparaiso a Frenchman who had 18 years certificate as good 
 ones as I could Avish to fine any where and the very high character 
 which I received from him from everybody made me take him as 
 I Avanted a valet to come with me " ? Does that refer to a man who 
 had been servant as valet with eighteen years' certificate of good 
 character, or does it refer to a man Avho Avas one of the crcAv of the 
 'Pauline,' and avIio AA'as ceded by the captain to Roger out of conside- 
 ration for him, seeing he Avas without a servant ? If you think the 
 term " a Frenchman avIio had 1 8 years certificate," and of Avhom 
 everybody spoke w^ell, and whom he took as a A^alet, was a man Avho 
 had been a servant before, and Avhom he took in consequence of the 
 high character he had as a servant, this certainly AA'ould be inconsis- 
 tent with the statement the defendant has made, and which I have 
 adverted to noAv in order not to have to come back to it hereafter. 
 Roger further says : " My health has been remarkably good ever since 
 I left Europe. I have not had a single moment of any kind of illness 
 of any kind AvhatsoeA^er CA-er since that time. I am going to start in 
 a fcAv days for Quito from Avhich place I shall (that is to say if I haA^e 
 time) write to you or my Father a short letter. I shall not remain 
 there above a few days, but come doAvn again to Valparaiso or San 
 lago to go to Buenos Ayres and Montividio by laud So when you 
 ansAver this letter pray direct it to either of those two places AA^iere 
 I shall find any letters directed to me as I shall be there in either 
 6 weeks or 2 month or perhaps later I cannot exactly say the tliime 
 of my arrival in those two toAvns. When I shall be there I shall let 
 you knoAv AAdiere you are to direct the other letters. Dont direct any 
 letters to me to Valparaiso or San lago because I Avould not receive 
 them. I have not the slightest doubt that you Avill like Tichborne 
 A'ery much, the climate is there A^ery mild in Avinter. You had I am 
 siu'e much better remain quiet in a comfortable English house than 
 to go all the Avay to be uncomfortable Station house in Rome " — 
 I suppose the Avords " at a " are omitted. — " I know very aa^cII that 
 for my OAvn part I Avould not change. I was \^ery glad to learn by 
 your letter that you my Father and Brother were aU quite aa'cU I 
 sincerely hope that you may all keep so for a long time to come." 
 He Avrites to Mr. Slaughter on the same day, and says : " In conse- 
 quence of my poor uncle's death many changes must have taken place 
 in the family affairs in AA^hich you and Mr. Gosford must haA^e been 
 obliged to come for Avar d to use the power of Trustee which I haA'e 
 given you both before leaving England. KnoAving hoAv importand
 
 ( 241 ) 
 
 it would have been for me to know as soon as possible the different 
 alterations which has been made of late in the family settlements, I 
 am perfectly at loss to find out why I have not received any letters 
 from either you or ]\Ir. Gosford since my arrival in America." So 
 that even as late as the 1 1 th of September he had received no letter 
 from Mr. Gosford. Next he wants his credit increased, and he says : 
 " I shoidd feel much obliged if on the receipt of this letter you had 
 the kindness to go to Messrs. Glimy and Co.'s office" — he certainly 
 meant G1}ti's ; Avhether that is a mistake in writing or copying he 
 clearly meant Gl}ai's. 
 
 By the Jury : When w^e saw that in the original we thought it 
 was " Gling." 
 
 The Lord Chief Justice : That is very possible ; the master 
 says it is " Glimy." 
 
 By the Jury : I am sorry to think differently. 
 
 The Lord Chief Justice : It is of no great consequence. — " to 
 go to Glimy and Co.'s office to inquire if it is necessary in conse- 
 quence of the increase of my income to change the letter of Credit 
 which I received from him the day before I left London " — on the 
 death of his uncle the 500/. a-year secured to him by the settlement 
 of 1850 became increased to 1000/. — " which is of 2000/. for three 
 years for one of 3000/. for the same period of time, which will be 
 nothing more than the flill amount of my income. I should also feel 
 obliged if at the same time you had the Kindness to mention to 
 Messrs. Glimy and Co. that he would send at the same time a letter 
 by Avhich I might draw some money if I am in want of it at Eio de 
 Janeiro and Bahia which are two towns through which I shall 
 pass on my way from Motivideo to Mexico. I have inclosed for 
 that purpose a number of my signatures which he may require to 
 send in those different towns. I should feel greatly obliged if you 
 had the kindness to answer this letter and direct yours either to Buenos 
 Ayres or Montevideo where I expect to be in about three or four 
 months if not more." He writes also to Mr. Gosford, and says — " It 
 is quite impossible for me to accoimt why I have not received any let- 
 ters from you since my arrival in America." He continues — " I have 
 Avritten by this post to ]\Ir. Slaughter to try to get some kind of in- 
 formation about the different changes and to what extend you have 
 been both obliged to use the power of trustees which I have given 
 you before leaving England. I have no doubt that my Father has 
 been wishing to make some alterations in some of the different family 
 Settlements, which changes would have been very usefid for me to 
 have known as soon as possible." We now know that the father had 
 a power of making a provision for his wife, by a charge on the 
 
 B
 
 ( 242 ) 
 
 Doughty estate, which power he exercised, and it is probably to that 
 power, which Roger may have known of, that he is referring. The 
 passage further shows the interest he took in these matters. — " I have 
 send back to England on board the same ship I came two boxes con- 
 taining some of my linen and cloths " — which you know is his way of 
 writing "clothes" — "Avhich I don't want. I have directed those 
 parcels to you, I should therefore feel much obliged if you will had 
 the kindness to pay what little expences it may cost from Havre to 
 Southamton. If you answer this letter, pray direct yours either to 
 Buenos Ayres or Montevideo, where I expect to be in about three or 
 four month, if not more. Pray remember me very kindly," and so 
 on. Here we have the same regard to sa\dng his things which we 
 have seen on former occasions. He had taken out with him things 
 which he had found useless in the climate of South America and an 
 incumbrance in travelling. Most men would not have thought it 
 worth while to send such things home, and would have made a present 
 of them to a servant or anybody else. Not so Roger ; he packs them 
 up carefidly, and sends them to Mr. Gosford to be taken care of. 
 
 He writes again to Mr. Gosford from Lima on the 25th November, 
 *' I should feel much obliged if you had the kindness to forward the 
 enclosed letters to their direction. I have no time to write any details 
 about my travels at Guiaquile by this letter, as I only arrived here 
 yesterday and I am starting to-morrow for Valparaiso, and fi'om there 
 to Buenos Ayres and to Montevideo. I am in great hopes of finding 
 some letters from England at either of these places. I shall neverthe- 
 less call at the post Office at Valparaiso to see if you have at last 
 taken the trouble of letting me hear fl"om you." So that even at this 
 time he had never heard from Mr. Gosford. " Will you have the 
 kindness to give my love to my Father and Mother, and tell them I 
 shall write to them from Valparaiso. My direction will be at Rio de 
 Janeiro, Write to me to that direction." 
 
 He writes again to Mr. Gosford on his arrival at Valparaiso on the 
 26th December, and that date becomes an important one. " My dear 
 Sir, — Are you dead or alive ? What on earth is become of you ? I 
 have enclosed in this letter a letter for Lady Doughty which you will 
 have the kindness to forward to her as soon as received Avherever she 
 may be " — Still anxious to keep up his correspondence with Lady 
 Doughty, however angry he may be with her — " I fancy that she 
 must have taken a house in London. I have forwarded from Lima 
 through my agent. Mess" Huth, Griining & Comp, two large boxes, 
 one containing a collection of skins of very fine birds which I have 
 killed, and prepared the skins myself, which I intend to have set up 
 properly on my return to England, they are in a tin box ; the other 
 is a fine collection of old paintings which came fi-om some of the old 
 convents Avhich " — here Mv. Da-vis has succeeded in deciphering some
 
 ( 243 ) 
 
 words which the printer or transcriber had given up as hopeless — 
 " which some monks had in Lima during the Spanish dominion. 
 There is besides the paintings a very fine picture book of the New 
 Testament and the Acts of the Apostles Avhich is from the best Artists 
 of the old school. It is a book which is worth more than 40/. in 
 England and Avhich I should be very sorry if it was lost or spoiled. 
 There is besides that a lot of different curiosities which I picked up in 
 Lima and elsewhere. Mess" Griining & Co. told me that he would 
 put those 2 boxes on board the Britania a 900 ton ship Avhich was 
 to sail shortly from Callao to London. She was to have left Callao 
 at the beginning of this month. The passage is of about three 
 months fi-om Peru to London. I should feel much obliged if you 
 Avould have the kindness to write if you are not in London at the time 
 to Thompson to have somebody on the look out when the ship will 
 come into docks. There will be nothing more to pay than the cus- 
 tom house Avhich will be very little. There is a small skeleton of 
 about 7 inches high, Avhich is in a glass case. I Avish you to take it 
 out before you show the paintings to my Parents and keep it for me. 
 There are besides some beautiful crosses and statues made by the 
 Indians. Those pictures must be hung up somewhere till my arrival 
 Avhich won't be for some time to come. Be so kind as to be very 
 particular about those tAvo boxes, because I had so much trouble in 
 getting the birds Avhich are beautiflil and the paintings book and 
 curiosities AAdiich are in the other. I had sooner you kept the box 
 Avith birds in a very dry place in your house because I think that 
 they will be better taken care of there than at Tichborne. I am going 
 to cross the Cordilleras of the Andes in about a fortnight on my way 
 to Buenos Ayres. I shall go from Mendoza right across the Pampas. 
 I shall write to you from there. I have no time to Avrite more now. 
 Don't mention at Tichborne that I send you my letter for Lady 
 Doughty." Then foUoAv the shipping documents relating to the boxes 
 Avhich he had sent over. 
 
 On the 20tli of December, Avhen he Avrites that letter to ISlv. Gos- 
 ford, he Avi-ites also to his aunt. " I hope that you Avon't be offended 
 at the long delay w^iich has taken place since I have written to you 
 last Avhen I give for excuse that I have ever since the beginning of 
 last July been rambling all along the cost " — instead of " coast " — 
 "fi'om here as far up as Guayaquil, and from there I Avent about three 
 three hundred miles in the interior of the country. I stopped at several 
 places on the cost where I thought there might be something Avorth 
 seeing. I made a longer stay at Lima than I had thought of doing 
 at first, because there Avas much more to be seen in the tOAA^n than I 
 had thought at first. Lima is a very large town, the finest Avhich I 
 have seen on all the cost. The inhabitants of Lima are, as far as ap- 
 pearance goes, remarkably religious. The toAA^n has Avithin its AA^alls 
 
 R 2
 
 ( 244 ) 
 
 72 cliLirclies, without counting all the different convents of men and 
 Avomen of all orders which are in Lima. The riches which do exist 
 in some of the principal churches is something quite wonderful. The 
 cathedral among others, which is a large and fine church, has all the 
 ceiling thickly guilded, and above the altar there are 4 pillars which 
 measure about 18 feet high by 3 feet in circumference, which are made 
 of silver. I shall say nothing more of the other principal churches, 
 which are all decorated in the same way. What I found to be very 
 picturestue " — -written mth a " t " instead of a " q " — " was to see every 
 evening all the country people in their national dresses talking or 
 sitting all round the large square on benches Avhich are desposed for 
 them. I went to see the bull-fight, at Avhich I Avas (as you may 
 easily fancy) much interested. It is a kind of rendezvous for all Avhat 
 Lima has of aristocracy and fashionable. I am sure that there are 
 very few towns in the world Avhich can boast of ha^dng such a number 
 of remarkably handsome young ladies as there are in Lima. I never 
 saAv before such handsome young women as those belonging to the 
 highest class of society as in this part of Peru. I also Avent several 
 times to see the cock fighting, which is a great sport in this part of 
 the world. When I had seen all what I could see in Lima, I em- 
 barked at Callao on board a sailing vessel to go to Guayaquil. 
 We were about sev^en days going. The river from the sea up to the 
 town is very large and the scenery on each bank is magnificient " — 
 written with an "i." — " The only thing which I found very disagree- 
 able was the quantity of flies of all kinds, which began to fly and sting 
 the moment you appeared on deck. There is not much to be seen at 
 Guayaquil except that the houses are build rather differently from 
 what they are in other parts of South America. There is on each side 
 of each street very wide arcades which are made to give some kind of 
 shelter against the sun which is extremely hot in summer, and the 
 rain in winter. Two days after my arrival in Guayaquil I looked 
 out and found a boat without much difficulties " — he commonly uses 
 this Avord in the plin-al, after the French mode— "to go up the river. 
 I Avas obliged though before I left to take provision Avith me for a 
 fortnight. When I had eA'erything ready I got it on boai'd one of 
 those long boats Avhich are made by the Indians to go up the river. 
 We were two together " — it had been originally printed, and this 
 seems to haA^e misled the defendant's counsel — " Ave were to go there, 
 and had tAvo Indians to manage the boat ;" but Avhen Mr. Davis came 
 to collate it, it turns out to be " we were tAvo together, and had tAvo 
 Indians to manage the boat " — In a subsequent letter it also appears 
 that he had his servant with him — " We went up as high as the line. 
 The heat about there Avas something fearful, it Avas impossible to do 
 anything but sleep from 1 1 to 2 and set at Avork afterAvards. I had 
 very good sport up the river. I killed some very fine birds, Avhich
 
 ( 245 ) 
 
 I used to take to the boat and prepare their skins. I have send a 
 large box from Guayaquil to England of the most curious birds 
 which I have been able to kill in the Tropics. I made several other 
 excursions afterAvards, but not for such a length of time. I left 
 Gvxayaquil at last to come down and spend few days in Lima before 
 I embarked on board the Pacific steamer for Valparaiso where 
 I am now. I shall not remain here more than a week. I am pre- 
 paring as fast as I can to cross the Cordilleras of the Andes." You 
 see he is writing on the 20th, and says, " I shall not remain here 
 more than a week ;" that would bring us to the 27th ; on the 30th or 
 31st Ave shall find him at Santiago. He goes on : "I am preparing 
 as fast as I can to cross the Cordilleras of the Andes, and go straight 
 across the Pampas to Buenos Ayres and afterAvards Montivideo. 
 You can easily see the road Avhich I shall folloAV by looking at the 
 map. I shall go fi-om there to Santiago, from there to St. Philip, 
 fi^-om there across the Cordillera and come doAAOi at Mendoza, from 
 there across the Pampas to New Cordova, from there to St. Fe, and 
 fi'om there at last to Buenos Ayres." Then he states hoAv the moun- 
 tains are crossed. " The mountains are crossed on mule's back, and 
 all the rest of the road is done on horseback." Then he says : " I don't 
 think that I shall remain long in either of those tAvo tOAvns, but go on 
 straight to Rio de Janeiro and Bahia, AA'here if you ansAver this letter 
 you Avill haA^e the kindness to direct yours, as I intend making some 
 stay there before going to Mexico, as there is much shooting about 
 the place, and I am in hopes of making a fine collection of birds about 
 there. I am enjoying I am happy to say a very good health. I 
 never have had a single moment of any kind of illness ever since 
 I left England. I hope that you and my Cousin have enjoyed your 
 tour on the continent, and that you liaA^e both derived Avhat benefit 
 you desired from it. Not knoAving AA^here you are, I have directed 
 this letter to the care of INIr. Gosford, Avith message to forAvard it to 
 you as soon as he receives it. I am perfectly at lost for ncAvs, not 
 ha\dng receiA'ed any letters fi-om Europe since the beginning of last 
 August. We are at present in this part of the world very nearly in 
 the middle of summer. It is as you may fancy rather warm about 
 here, but fortunatly I am used to it by this time. Pray give my to 
 my Cousin and I remain, My Dear Aunt, Your very aflTectionate 
 NephcAV, R. C. TiCHBORNE. P.S. The only ncAvs Avhich I could 
 pick up on my arrival here about J. INloore is that he is ahvays at 
 San lago. Pray Avi'ite to me and direct your letter at Bahia." You 
 will obserA'e that in CA^ery letter throughout this correspondence, he 
 never fails to beg the correspondent, AAdiocA^er it may be, to AA^rite in 
 return, and he is careful to give directions AAdiere a letter shall be 
 addressed, in order that it may be sure to find him. 
 
 There is a letter to his mother dated the 31st of December, from
 
 ( 246 ) 
 
 Santiago, showing that at that date he had got from Valparaiso to 
 Santiago. In it he gives a description of Lima, but having gone 
 through that ah'eady in the last letter, it is not necessary to repeat 
 it. He continues, " When I had seen everything " — that is in 
 Lima—" I sailed on board a schooner for Guayaquil, Ave Avere about 
 seven days to go. The scenery going up the river is certainly 
 beautiful. I saw there for the first time tropical vegetation in all 
 its beauty." I cannot help making the observation, that you have 
 here a man who, whatever may have been his intellectual deficiencies, 
 or the defects of his education, certainly was not without some sense 
 of the beauties of nature in its grander forms, or without a certain 
 power of describing what he observed and saw, and expressing the 
 satisfaction which beautiful scenery produced on his mind. " I saw 
 there for the first time tropical vegetation in all its beauty. There 
 is not much to be seen in Guayaquil, so I started at the end of a few 
 days to go up the river. I went about 300 miles in the interior of 
 the country, and up as far as the line. After making several excur- 
 sions up and down the river, making a very fine collection of tropical 
 birds, which are beautiful, I embarked on board the Pacific steamer 
 to come back to Lima on my Avay to Valparaiso. I remained a short 
 time at Lima to imbark few things which I had there, I afterwards 
 embarked again for Valparaiso on my way to Saniago " — Therefore 
 you see from that statement that he did not come from Lima by land, 
 in Avhich case he mio-ht have ffot to Santiag-o and then have taken 
 Melipilla in his Avay ; he comes back from Lima by sea. Having 
 gone fi'om Valparaiso to Lima, and from Lima to Guayaquil, he 
 comes back by steamer fi-om Guayaquil to Lima, and from Lima to 
 Valparaiso. He continues : " I am going in the course of a fcAV 
 days to Buenos Ap-es and Monte Video across the Cordilleras of the 
 Andes and the Pampas. It is easy for you to see the road Avhich I shall 
 follow on the map, I shall go from here to St. Philip "—anybody 
 having this letter before him can easily trace the route he took on 
 the map — " I shall go fi-om here to St. Philip, from there over the 
 Andes to Mandoza, and fi-om there straight accross the Pampas to 
 my destination " — he puts two "c's" in across. — "I got a great 
 many curiosities in Lima and elscAvhere, among other a very fine 
 collection of paintings which have been done by the monks in the 
 convents when this country Avas under the Spanish GoA'ernment, 
 they are just the sort of picture to put in a church or chapel. I 
 don't speak of many other curiosities which are made by the Indians, 
 such as crosses and very small statues Avhich are beautifid. The 
 only letter Avliich I have received fi:om you is the one which is dated 
 the 23rd of May. I hope to fine some " — he ahvays writes the Avord 
 " find " Avith an " e " instead of a " d " — " I hope to fine some on my 
 arrival at Buenos Ayres and Monti Video. The best Avay a'ou can
 
 ( 247 ) 
 
 do not to have your letters lost is to write on the corner of the cover 
 to the care of Messrs. Huth Griining and Comp., Bahia. But as I 
 am not sure if he has a house there, which will be the place where 
 I expect to receive my letters you had better write him a line in 
 London to enquire about it." He sends his affectionate love to his 
 father, and so forth. 
 
 He goes on towards Buenos Ayres. He has crossed the Andes ; 
 he has crossed the Pampas ; he arrives at Buenos Ayres, and he 
 writes on the 20th of February to Mr. Gosford thus : " My Dear 
 Sir, many thanks for the only letter which I have received from you 
 since I left England, which came by the last mail, and which was 
 delivered to me this morning." — Therefore until the morning of the 
 20th of February, though he had arrived at Valparaiso on the 19th of 
 June of the preceding year, he had never got a letter from Gosford. 
 I do not know whether Mr. Gosford had written to him.—" I am 
 not, I must say, the least surprised at the ncAvs Avhich you give me 
 about Tichborne and my Mother. I have for many years foreseen 
 what is taken place there at present. It was one of the reasons 
 (though I did not tell you at the time) why I was so very anxious 
 to get out of England before my poor Uncle's death, because if I 
 had been there at the time, I should have been throAvn in the middle 
 of all the different parties which unfortunately divide the family. I 
 should have been in consequence of it been obliged to take part for 
 somebody, or to put myself against everybody, which would have 
 been most likely the case on that occasion" — He means, I suppose, 
 that all were equally in the wrong ; or l)oth, if he Avas referring to 
 his father and mother ; and that he could have taken part Avith 
 neither ; probably Avould have been against both, and so would have 
 been draAvn into the A^ortex of their painful squabbles. Next comes 
 this remarkable passage : " I am really very sorry that my mother's 
 character is so disagreeable, because it must make it a kind of hell for 
 my father and everybody in or about the hoiise." That is Roger's OAvn 
 description of his mother's temper and disposition and her habit of 
 dealing with his father and with everybody else — " I Avas A'ery sorry 
 to learn at the same time, though I don't Avonder at it, that my father 
 felt so loAv in spirits, still I know but too well that I can do nothing 
 for him, and I knoAA-, moreover, that if I was there it Avould be ten 
 times worse than it is at present. There is unfortunately no remedy 
 to it." NoAv, Gentlemen, it is clear from this and many other 
 passages, that while Roger Tichborne felt there was fault on his 
 father's side, AA^hose hasty temper and AAdiose after facility in yielding 
 only made matters Avorse in the disputes that took place between him 
 and his wife, he felt, and deeply felt, that it Avas his mother Avho Avas 
 principally in fault, and his sympathy Avas Avith his father rather 
 than his mother. And I do not knoAv any instance — numerous as
 
 ( 248 ) 
 
 the instances have been, in which it has struck nie tlaat the learned 
 counsel for the defendant has gone counter to the facts, and in his 
 observations has tended to damage his client's case — in Avhich he 
 has done so more strikingly than in holding up Roger's father to 
 reprobation, in consequence of the unhappy relations Avhich subsisted 
 between him and his wife. The learned coimsel extolled the mother 
 as an example to all women, as super-excellent in all qualities, and 
 sought to disparage the father, applying to him most offensive 
 epithets, calling him a " cowardly, degraded contemptible slave." 
 That was the language wdiich he applied to the father, the alleged 
 father of his owai client, and the defendant sat by and listened with 
 silent acquiescence. AVould Roger have done so, think you ? For, 
 an incident of this kind occurring in a cause should not altogether 
 be lost sight of. A son listening and hearing opprobrious terms and 
 obloquy applied to his dead father, whom, though perhaps not with 
 the warm ardent affection wdth w4^ich sons generally love fathers Avho 
 love them, he still loved, with whom he s^onpathised, whom he pitied, 
 whom he would gladly have assisted, if he could, in the domestic 
 discord which marred the happiness of his life, is, indeed, a strange 
 spectacle ! When in the contest for the rights of maternity, the one 
 woman was willing that the child she said w^as hers should be cut in 
 twain rather than forego her pretended right, the wise man said she 
 could not be the mother. When a son sits by and allows his father's 
 grave to be spit upon — alloAvs contumely and msult to be heaped 
 upon his father's memory, what are w^e to say ? Would not a son, 
 indignant at hearing such opprobrious terms applied to his father, 
 have sprung to his feet, and stifled the slanderous words in the 
 utterance ? One Avould have thouo-ht so : but this lano;iiao:e was not 
 in any way checked or reprehended by the defendant. Possibly, 
 however, he may have been so astonished at hearing this torrent of 
 abuse levelled against his father's memory, that he may not have had 
 the presence of mind or self-possession to remonstrate against that 
 which ought, if he was the son of that man, to have stirred up his 
 inmost soul. It is quite plain, you see, that the son felt it Avas the 
 mother's temper that made the paternal house a hell to his father and 
 everybody else, and that it w^as the father who was the sufferer, the 
 aggrieved sufferer, and not the aggressor, and not his the fault that 
 domestic discord existed as it did in this unfortunate establishment. 
 He goes on "I suppose that by this time you must have heard 
 something about those Italian Princesses, who my Mother is so 
 anxious that I should chose one to marry. I use to hear nothing 
 spoken of when I Avas in Paris fi-om morning to night but about 
 them, though I always use to say that I AA'ould not give sixpence for 
 a whole cargo of them ; but all what I could say was to no purpose. 
 I have seen and know too well Avhat is mari'ied life, so as not to go
 
 ( 249 ) 
 
 and do the — " then there is a word which it is impossible to decipher 
 — " to go and marry myself. I have done certainly a great many 
 foolish things in my life, but I hope to keep clear from that one at 
 any rate, notwithstanding all what my parents and relatives may or 
 may not say. The life which I am leading noAV suits me remarkably 
 well. I am perfectly independent. I go and do Avhat I like, and 
 I have no body to act as a spy over me, which is a great blessing 
 among several others. It is (pute impossible for me to fix the time 
 when I shall come back to England, where I have I can assure you 
 but little wish to come back to witness senes" — spelt Avithout a " c" — 
 " like those which must daily occur at Tichborne. I have not 
 received any letters from Lady Doughty since the one which 
 I received shortly after my arrival in South America. I don't 
 know what became of her different letters if she has written some 
 since, which I am rather in doubt of, as I answered rather sharply to 
 some remarks and allusions which she made in her letter. I was not 
 in the least surprised to hear that she had taken a house in London 
 for six months, knowing how fond she is of London life. I shall 
 write to her by this post if I have time, because I have a great many 
 letters to write by this post. But on all cases, don't forget the first 
 time you write to her to tell her if she favours me with a letter to 
 direct it to Kingston, Jamaica, West Indies, where I shall be in 
 about 3 months on my Avay to IMexico. I shall call there to get any 
 letters which may have been WTitten to me fi*om England. I shall 
 write to you from there to let you know where you are to direct your 
 letters afterwards. But don't fail yom'self to write, that I may find 
 a letter fi^-om you there. I don't know Avhy I never received a letter 
 from my father since I left Europe, though I have written him 
 several times. The only letter Avhich I received Avas from my 
 Mother at the beginning of last August. I found to my great 
 surprise J Moore selling pills at Santiago ; he appeared to me to be 
 at the tip top of happiness to be able to make as many pills a day as 
 he liked, and to sell so many boxes to so many credulous persons who 
 thought that those pills could cure from all kind of illnesses, fi-om a" 
 — then there is a Avord Avhich I need not repeat if it is Avhat it has 
 been thought to be, but that is A^ery doubtfld ; Mr. Davis makes 
 a note that he does not think it is the Avord that it was read to be — 
 *' to all other sickness knoAvn and unknoAAm. I Avas very sorry to 
 hear of his father's death, I fancy that he must knoAv it by this time. 
 I arrived here on the IS*"". I was very glad to find a letter fi-om 
 Mr. Slaughter waiting for me here, as I had not heard fi-om England 
 for so very long." Then, " still harping on the daughter," he comes 
 back to Miss Doughty — " I don't fancy that the London season Avill 
 pass over this year Avithout Miss Doughty being engaged to many. 
 I expect to see first the news of her marriage when I shall be
 
 ( 250 ) 
 
 travelling about in the British Colonies in some English newspapers. 
 I mentioned to Lady Doughty that it was not my intention to come 
 back to England before two or three years were over." In his letter 
 to Lady Doughty he had said " some years" — he evidently had not 
 the precise language which he had used in that letter in his memory, 
 and he tells Mr. Gosford wdiat he supposes he had told Lady 
 Doughty. That appears to me to give an ex}>lanation of the 
 language which he had used in his letter to Lady Doughty, and 
 that his intention was not to come back to England before two or 
 three years were over. It is an important passage, because you will 
 have to consider, Avhen we come to the intention in Roger's mind, 
 when he went on board the " Bella," whether he intended to remain 
 away from England a longer period, or merely to complete the course 
 of travel Avhicli he had laid out for himself and then come back to 
 this country ? Now here he says : " I mentioned to Lady Doughty 
 that it was not my intention to come back to England before two or 
 three years were over" — his letter to Lady Doughty was written 
 a year before the period at Avhich we have now arrived : — " Perhaps 
 you have heard of it already. But now I trouble myself little of 
 what her Ladyship thinks about me or about Avhat I intend to do." 
 Gentlemen, I don't believe a word of it. There is not a letter in 
 which he does not speak about Lady Doughty or Miss Doughty, 
 and he has nothing more anxiously on his mind than the desire of 
 hearing from Lady Doughty at one place or the other to which 
 he was going. " You have forgotten to tell me" — now comes the 
 man of business — " You have forgotten to tell me in your letter 
 what my poor Uncle left in your charge for me and what had 
 been sold at Tichborne at his death. I have not time to send 
 you an account of my travels in this letter, but I shall send you 
 a copy of my daily journal from Rio de Janeiro or Bahia. Don't 
 forget to write to me, and direct the letter where I told you." 
 Then comes a little bit of jollity : " P.S. I shall drink a good 
 glass of Rum punch to your health, in Kingston, Jamaica. Do 
 you want some, so as to be able to go to bed singing, ' Come Avith 
 me to fairy land,' or ' We won't go home till morning, till daylight 
 appears.' I am obliged to sing these songs all by myself in this 
 part of the world. I am going to Montivideo, I hope, in a few days, 
 on my way to Brazil. Be assured I would not live in a house like 
 Tichborne is now, for anything in the Avorld. There is a bust in the 
 large box which you will receive which I bought for my Brother, so 
 will you have the kindness to give it him " and so on. This is still 
 from Buenos Ayres. He writes again, on the 28th of February, to 
 Lady Doughty, Avhom in his letter to Mr. Gosford he said he no 
 longer cared or thought about : " My Dear Aunt, Where are you ? 
 in what part of Europe have you fixed yourself? Not knowing 
 where you are, I have directed this letter to the care of Mr. Gosford,
 
 ( 251 ) 
 
 who ■will forward it to you Avherever you arc. When I was in 
 Santiago last time I had Iavo very fair likenesses taken of me " — 
 those are the daguerreotypes Avhich you have seen, and which have 
 played so large a part in this inquiry — " I send one " — which is the 
 present for the past tense as usual — " to my parents and one to you, 
 though I doubt that you will know me again. INly personal appear- 
 ance, of which I always took so much care, has been so much im- 
 proved by the tropical sun that I think I look much more like a red 
 skin Indian than anything else. But however it is not Avorth thinking 
 about. I arrived here on the 13"' of this month, coming fi-om Mendoza, 
 where I remained a week. I left Santiago on the 11"' of January to 
 cross the Cordilleras of the Andes, which took me a week to do. If 
 you favour me with a letter" — always looking to that — " If you 
 favour me with a letter, Avill you have the kindness to direct it to 
 Kingston, Jamaica, West Indies, where I shall be about three 
 months to get my letters on my Avay to Mexico. I shall leave 
 Buenos Ayres, I expect in a few days for Monti Video. Pray 
 excuse this short letter ; I have not time to Avrite more by this 
 post." 
 
 Now comes a letter of some importance — to Mrs. Seymour. He 
 gives an account of going to Lima and what he saAv at Lima. We 
 had all that before, and I Avill not go over it again : then he tells her 
 about his going to Guayaquil. " I did not make a long stay at 
 Guayaquil but hired one of those long Indian canoes Avith two 
 Indians, at the end of a few days to go up the river. After I had 
 taken all the provisions I embarked Avith my servant on board my 
 yacht." 
 
 The learned Counsel dAvelt on the fact of his going up the riAcr 
 Avith tAvo Indians without a servant as a proof that Roger Tichborne 
 could speak Spanish, or a sort of patois Spanish ; but that argument 
 falls to the ground AA^ien you read this letter, Avhich somehoAv or 
 other must have escaped the learned Counsel's observation ; for in it 
 Roger distinctly states that he Avent on board the boat AA^th his servant. 
 " My excursion lasted about a fortnight. I Avent about 300 miles up 
 the river. I Avas for several days under the line. The heat there 
 Avas something quite fearflil." Then he says : " I got when I Avas 
 there a A^ery fine collection of birds " — the same thing over again, 
 and then — " after I had seen and explored all AA'hat I could in the 
 interior I came back to Guayaquil AA'here I remained about a fort- 
 night longer, making excursions all about the town. At the end of 
 that time I embarked on board the steamer for Callao and Lima, 
 where I was obliged to make a much longer stay than I intended at 
 first, as my servant was ill, and I Avas obliged to take care of him, 
 but seeing at the end of three weeks that he was not getting any 
 better I was oblio;ed to leave him there and take another." That
 
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 is Baraut who was examined on the former trial, but, I know not 
 why, has not been brought forward as a witness on this. " When 
 all this was settled, I embarked again for Valparaiso " — shoAving he 
 came to Valparaiso, as I said before, by steamer. " I arrived in that 
 town after a passage of twelve days on board the steamer. I only 
 remained few days in Valparaiso, as soon as I Avas able I left for 
 Santiago." After that he proceeds to give an account of his journey 
 across the Andes ; but before we finally leave Santiago I turn back 
 to the question of Melipilla. We now see quite plainly that Roger 
 Tichborne could only have gone to JNIelipilla on his return journey 
 from Santiago to Valparaiso. He could not have gone to Melipilla 
 on his way from Valparaiso to Santiago the first time, because he 
 only took sufficient time to go through from the one place to the 
 other. He could not have gone to Melipilla on the second occasion 
 of his going fi"om Valparaiso to Santiago for the like reason — there 
 was not sufficient time. For Ave know that on the second occasion of 
 going from Valparaiso to Santiago, he performed the journey in a 
 manner AAdiich really amounts to an actual feat ; he rode a journey of 
 betAA^een seventy and eighty miles on the horses of the country in a 
 single night. Consequently there could not ha\'e been on that occa- 
 sion a stopping at Melipilla ; and, therefore, if ever he set his foot in 
 the toAA'U or village of Melipilla at all, it must have been on the 
 occasion of his return from Santiago to Valparaiso before he started 
 for Arica and Lima at all. Noav did he on that occasion go to 
 Melipilla ? I have before observed that there is not a trace of it in 
 his correspondence ; the name of Melipilla never occurs ; nor is there 
 any reference to his stay at any intermediate place, except on the 
 occasion of his going fi'om Valparaiso to Santiago the first time, 
 Avhen he says he stopped half-Avay to sleep. There is no reference, 
 as I said before, to Melipilla at all. Did he, on the return journey 
 from Santiago to Valparaiso, stop at Melipilla ? He left on the 
 morning, as his letter to his mother shoAvs, of the 6th Jiily. He 
 sailed from Valparaiso on the 27th. AVhether he stopped at Melipilla 
 or did not, it Avould take him tAA'o days on the road, Avhich reduces 
 the nineteen days to scA^enteen. One of you made the observation 
 that seventeen days Avould be a A^ery short period for the accomplish- 
 ment of all that the defendant, according to his own account, did 
 Avhen at Melipilla, in going about to different parts of the country, 
 making acquaintance AA-ith so many persons, forming the intimacy 
 Avliich his letter to Castro so plainly indicates : it seems difficult to 
 suppose that all that can have taken place in the short period of 
 seventeen days. Suppose it possible — I pass that by — did he stop, 
 on his way from Santiago to Valparaiso, at Melipilla ? I must ask 
 you to Aveigh every Avord in the only passage of the Avhole of this 
 correspondence which has reference to his return journey fi'om
 
 ( 253 ) 
 
 Santiag-o to Valparaiso on that occasion. Let me put tills question 
 to you : Suppose you had a friend or an agent who was going from 
 London to some foreign country by a ship from some other English 
 port. I take the first name that occurs to me : suppose that the 
 individual to whom I have referred, and in whom you were interested, 
 was going to sail from Bristol to Jamaica by a given ship, say the 
 " John Smith," and you were perfectly aware he Avas about to do so 
 — just as here Roger's mother, to whom he was writing, knew by 
 a previous letter to his father that he was about to sail from Valpa- 
 raiso to Arica by the ship " La Pauline," the ship in which he had 
 gone out — let me suppose that the imaginary individual to whom I 
 have alluded sat down to write to you when he got to Jamaica to 
 give you an account of the incidents of his voyage, and he wrote to 
 you thus : " I left London on the 1st June to be in time for the 
 ' John Smith,' which was to sail upon the 2nd " — you know that he 
 is going from Bristol by the " John Smith," and going to Jamaica — 
 " I left London on the 1st of June to be in time for the ' John 
 Smith,' which was to sail on the 2nd, AVhen I got there, I found 
 that she would be delayed ten days." What should you understand 
 him to mean by " when I got there "? Where ? Should you under- 
 stand him to mean the place where the ship was, or some inter- 
 mediate place at which he had stopped and received the statement 
 that the ship Avas to be delayed ? The only place known to you in 
 common with him being the place where the ship was— when he says 
 to you, "I left London on the 1st June to be in time for the 'John 
 Smith,' which was to sail on the 2nd, but when I got there I 
 found that the ship would not sail for ten days," should you under- 
 stand him, when he uses the word " there," to mean by it that 
 he had stopped at an intermediate place, say Reading or Bath, 
 Avhich are on the road to Bristol, and there had received an intima- 
 tion that the ship would not sail for ten days, in consequence of 
 Avhich he had remained for ten days at that place, or that he had 
 stayed at the place from Avhich the ship was to sail ? It appears 
 to me that this is deserving of very serious consideration. For that 
 is the language of this letter. Does it imply that he received the 
 information that the ship Avas not to sail at the place Avhere the 
 ship Avas, or that he received it at some intermediate place at Avhich 
 he had stayed, and Avhere the period of unavoidable delay Avas passed 
 by him in consequence of his learning there that the ship was not 
 ready ? " When I had settled all about Avith him" — that is with 
 Moore — " I made my arrangements to start the next morning as I 
 Avas anxious to be in time for ' La Pauline ' Avhich Avas to sail shortly 
 for Arica." It is exactly the corresponding case to the hypothetical 
 one which I was putting before you, and Avhich I put because the 
 places are nearer home, and it presents itself, therefore, more vividly
 
 ( 254 ) 
 
 to tKe mind. " When I arrived there I found that she would not 
 sail so soon as I had thought." Does that mean, " When I left 
 Santiago I left in order to be in time for the sailing of the vessel 
 * La Pauline,' but at an intermediate place on my way from Santiago 
 to Valparaiso I received intelligence that the vessel would not sail, 
 and I stayed there in consequence ?" If he had meant that, Avould 
 he not have put all that in before he came to the word " there " ? 
 That is what I submit to your consideration. For it appears to me 
 to be deserving of very serious consideration, especially as there is 
 no trace in any of his letters of Roger having been to MelipiUa. If 
 there are difficulties independently of this, as has been suggested by 
 one of you, when you look at this passage, and read it by the light 
 of the surrounding circumstances, what is the conclusion to which it 
 leads your minds? If you think that the construction which I 
 suggest for your consideration is the right one, and 3 our minds are 
 led to the conclusion that what Roger meant by that passage is that 
 he went straight to Valparaiso, and on arriving there found that the 
 ship which was stationed there would not sail for a given time, it 
 negatives the possibility of his having stopped at Melipilla on the 
 Avay. In that case the logical conclusion which I before suggested 
 necessarily presents itself: — if the defendant was at ]\Ielipilla, as we 
 know he Avas, and Roger Tichborne never was there, the two men 
 cannot be the same. If, on the other hand, you do not adopt that 
 construction, the question whether Roger Tichborne Avent to 
 ]Melipilla of course remains an open one. 
 
 We have next a letter giving an account of his crossing the Andes, 
 and the letter is A^ery remarkable in point of narration, in point of 
 graphic power of description, and of language. It is, therefore, one 
 to which your attention should be directed. It is a letter dated the 
 12th of March, addressed to Lady Doughty, fi-om Monte Video : — 
 " I was not able to write the details of my journey from Santiago to 
 Buenos Ayres by the last mail for Avant of time. I shall, therefore, 
 give you at once an extract from my daily journal, Avhich may, I 
 hope, be of some interest, as I dont suppose you have often met a\ ith 
 a person aa^io has performed the same journey as I have. I left 
 Santiago on the 11th of January at 7^ a.m. Avith my valet, a guide, 
 tAVO horses and four mules. Nothino; Avortli notice occurred during 
 the two first days except that the scenery became wilder and Avilder 
 as we came nearer the chain of the Cordilleras of the Andes. We 
 reached the foot of the Cordilleras on the morning of the third day, 
 but before ascending the first chain of mountains Ave had to get over 
 a hill Avhich in this part of the Avorld is not thought Avorth speaking 
 of but in England would be considered very high. We Avere obliged 
 to go up the hill one by one on a narrow footpath, when one of the 
 mules Avhich carried part of my luggage tm-ned suddenly round
 
 ( 255 ) 
 
 and began descending the hill leaving us on the footpath looking at 
 her as it Avas impossible to go after, as it Avas much to steep" — 
 " too," written " to" — " She would stop at the end of a short time" 
 — that is a French mode of saying that she wanted to stop, or 
 wished to stop ; he uses the past tense of the verb " will " — " She 
 would stop at the end of a short time, but it was too late, so that 
 being obliged to go on till at last the ground began to give way, then 
 she fell rollino; with the lujjo-ao-e Avhich Avas tied on her back, for 
 about 50 or 60 feet, Avhen she fell from a perpendicular place at the 
 height of more than 30 feet." Now comes a passage to Avhich I 
 must direct your attention. And my reason for saying so is this : 
 the defendant in his cross-examination stated that his servant Barraut 
 refused to go doAvn with him, and that they had a quarrel in conse- 
 quence, and that one of the muleteers and he went doAvn and collected 
 the luo-o-ao-e and thino-s Avhich had fiillen with the mule : whereas, 
 when we come to read Roger's account of it, it is distinctly stated 
 that all three Avent doAvn — we knoAV Avho they were, because he said 
 he started Avitli his \'alet and a guide, Avhich constituted the three 
 persons — " We then all three Avent doAvn and found that she had one 
 of her legs broken. During that time a troop of Multeers" — Avritten 
 Avithout the " e " in the middle of the word — " came up to us and 
 gave us the greatest help as they did all the time till Ave arrived at 
 Mandoza. We all then set at work, miloaded the unfortunate mule, 
 loaded the spare one, and left the one Avhich had broken her leg 
 there to die as best she could. My party was then increased of 
 7 men an twenty mules all folloAving the same road. We began to 
 ascend the first chain of the Cordilleras at about 12 o'clock, Ave were 
 about 3 hours to get to the top. The mules Avere as a matter of 
 course just as unAvilling to go on as usual. Some of the men Avere 
 obliged to throAv a laso on the neck of each loaded mule, when two 
 others had to follow behind beating them to make them go on. The 
 vieAV from the top of this first chain of mountains was certainly 
 magnificient " — he Avrites it Avith an " i " between the " c " and the 
 "e." " The immense extend of country AA^aich I saAV from the high 
 point Avhere I Avas, AA^ith the number of very high hills all round, is a 
 sight Avhich I believe cannot be met with anywhere in Europe. When 
 I had admired this beautiful scenery for some time I was obliged to 
 follow the others avIio Avere descending the hill one by one. As soon 
 as we had reached the foot of the hill we followed the valley till dusk 
 when Ave chose a place Avhere we could build up our camp for the 
 night. When the place Avas found we unsaddled our horses, unloaded 
 our mules, and set them loose to go where they liked for the night. 
 When the animals had been cai-ed for we began thinking of ourselves. 
 A large fire had been lighted on Avhich I and my servant began to 
 boil some Avater to make up some soup for all of us. As I had led
 
 ( 256 ) 
 
 that kind of life several times in other parts of South America, and 
 as my valet miderstood cooking, Ave made up a very fair soup with 
 the remains of a ham, bacon, broken biscuits, and so on ; But when 
 the soup was ready I found out that I had forgotten to buy some 
 spoons in Santiago, at last, after .looking about, one of the Multeers 
 found one single fork in his pocket. It Avas not much for ten persons. 
 Not being able to do otherwise we were obliged to put the soup 
 tureen in the middle of all of us and fish out with our fingers the 
 pieces which we liked best. Shortly after dinner Ave all rolled our- 
 selves in cloaks, each one took his saddle for a pilloAv, and we Avere 
 not long to go to sleep. The next morning Ave got up before day- 
 light to get the horses and mules ready as soon as possible, as Ave Avere 
 anxious to get on Avith our journey as much as possible. Nothing 
 very remarkable occiuTcd to us to-day, only the scenery changed as 
 Ave Avere folloAving up the river. The Adews Avere certainly mag- 
 nificient, but of a different character from Avhat I had seen on the 
 previous day. We Avere greatly in hopes of being able to reach the 
 foot of the second chain of mountains, but as Ave came near a very 
 rapid river, Avhich Ave Avere obliged to cross, a man came up and said 
 that much snoAv had melted of late in the mountains, and that the 
 river was too hio-h for us to cross it that evening;. When aa'C heard 
 that Ave made up our camp in the same Avay as on the preAaous night 
 on the bank of the river. We were all up before daylight to Avait 
 for the man Avho was to come and sIioav us the place AA'here we could 
 cross the riA'er. AVhen the place Avas found Ave began crossing the 
 riA'er haAang Avater halfway up our saddles. As this riA^er is extremely 
 rapid and in some places deep, the current is so strong that it rolls 
 large round stones Avhich Aveigh as much as 40, 50, and 60 pounds. 
 AVhen persons begin to cross this river, tAvo or three persons go on 
 each side of the river whirling- their lassos round their heads so as to 
 catch Avith it any body or animal AAdiich might have been knocked 
 doAvn by one of those large rolling stones, and be floating doAvn the 
 stream. AVe Avere fortunate enough to cross without any kind of 
 accident. It was not till about 12 or 1 o'clock that we reached the 
 foot of the second chain of mountains AAdiich is called the Portillo " — 
 that is Spanish for gap — " I had found the first chain of mountains 
 very high but it Avas all child's play to AAdiat Avas this one. AA'^e 
 ascended about four hours, passing in some places over large pieces 
 of rock and large rolling stones on Avhich our animals had to jump 
 in the most Avonderful manner to cross, also several large fields of 
 snow, Avhich in some places were very deep. AA^e reached the foot of 
 the high hill over Avliich Ave had to get. This place is what is pro- 
 perly called Portillo. AVe began ascending this high hill by a very 
 narrow foot|3atli, which rose aboA' e our heads almost in a perpendicular 
 line. Aftei- about 2 or 3 hours Ave reached the top. I remained
 
 ( 257 ) 
 
 tliere as long as I coulcl, admirino- tlie immense extent of view Avhich 
 I had before and beliind me and which was certainly the finest I had 
 yet seen anywhere. I saw before me for the first time the Pampas, 
 which extended before me as an immense sea, and behind me the 
 immense chain of the Cordilleras of the Andes which are always 
 covered wdth snow." There is considerable graphic power in that 
 description. It wonld seem as if the magnificence and glory of the 
 surrounding scenery had stirred his spirit to its very depths, and had 
 inspired him in giving this description of one of the finest pieces of 
 scenery in the whole Avorld — in the spirited language of Campbell : — 
 
 " Where Andes, giant of the Western star, 
 With meteor standard to the winds unfurled, 
 Looks from his throne of clouds o'er half the world." 
 
 Crossing this great mountain range, Roger seems to have had quite 
 mind enough to appreciate the beauty and grandeur of the scenery 
 by which he was surrounded. He goes on : " We were about as 
 long to get down this very high hill as we had been to get to the 
 top. As soon as Ave had reached the valley we followed it till dusk, 
 working our way towards the Pampas. As night came on we were 
 obliged to camp that night for the last time in the Cordilleras. The 
 next morning early Ave got under Avay, and passed early the custom 
 house of the Argentine Republic. We all got into the Pampas 
 about midday. I took leave of the troop of Multeers in the after- 
 noon thanking them for the help Avhich they had given us in our 
 passage across the Cordilleras. I then folloAved the road Avhich is 
 traced in the grass till I reached Mendoza tAvo days afterAvards. It 
 is certainly Avonderfiil Iioav mules and horses, which are generally 
 very lieaAaly loaded, can get over some of the passes, Avhich are in 
 many places but pieces of rocks, on Avhich they are obliged to jump 
 from one to another at the height of many thousands of feet — that if 
 they were to miss their footing it would be impossible for any human 
 eye to folloAv them in the falls till they reached the bottom of the 
 hill, and when once they AA^ould have reached that point roll again 
 into a deep precipice, where you can see nothing, but hear a torrent 
 roaring at the bottom." Then he says, " I remained eight days at 
 Mendoza waiting till the mail left, as it Avas my intention to go to 
 Buenos Ayres AAath it. At last the day for lea\ang Mendoza came, 
 at Avhich I was very glad, as I found the place one of the dullest 
 towns I had ever seen. When the day came to leave I left alone 
 AAdth him on horseback. I started fi-om Mendoza on the 27th of 
 January, and an-i\'ed at Buenos Ayres in the morning of the 13th 
 of February. We galloped over the 400 leagues or 1,200 miles in a 
 shorter time than it had been done for a long time, considering that 
 we had been obliged to remain in different little toAvns Avhich are to 
 be met in different parts of the Pampas 10 days to get and receive 
 
 S
 
 ( 258 ) 
 
 dlspatclies. I shall say notliing of the journey across these immense 
 plains, as the Pampas are nothing bnt immense grass lands, where 
 large troops of 500 or 600 half Avild horses are to be met with from 
 time to time. I had left my valet to follow me with the luggage ; 
 he arrived about ten days after me at Buenos AjTces. Buenos 
 Ayres is a large toAvn; it counts about 100,000 inhabitants, but 
 there is little or nothing to be seen in the town. I embarked on 
 board an English steamer on the 4th of March for Monte Video, 
 where I arrived the next morning. It being Sundav the town was 
 dull. I employed most of my time in exploring the town, which is 
 far better situated and built than Buenos Ap-es." Then he states 
 what he is going to do : "I am going back to Buenos Ayres to- 
 moiTOw to embark shortly for Bio de Janeiro and Bahia on my way 
 to Para where I shall remain sometime exploring the Amazon, Avhich 
 is the most interesting point to visit on this side of South America. 
 I shall go from there to Kingston, Jamaica, West Indies, to get 
 any letters which may have been written to me fi-om England. I 
 shall go fi-om there to Mexico to explore that part of the world. As 
 to my ftiture plans it is quite impossible for me to let you know at 
 present. I shall A^^ite to you if I have time from Bio de Janeiro, 
 or Bahia, but I may perhaps w^ait till I find a letter fi-om you at 
 Kingston. I am very fond of the kind of life which I am leading, and 
 as my health has always been very good it is not likely that I shall 
 give it up in a hurry. You have I fancy received my picture which 
 I sent to you from Santiago. I do not know if you would care about 
 it but if you don't you only Avant to throw it in the fire and it will 
 be an end of it thats all " — that is, you need only throw it into the 
 fire and there will be an end of it — " I only thought at the time that 
 it might be, if we are not to meet again, a kind of souvenir, that is 
 what was my idea, but still at the same time you might not care 
 about it, there is no harm in it. I found some letters for me here 
 and at Buenos Ayres. It gave me much pleasure to receive some 
 news of England as it was some time since I had received any." 
 Observe the unceasing desire he has to receive news of England, and 
 that the correspondence Avith him may be kept up — " I have been in 
 consequence of it very busy lately in Avriting letters which I had not 
 done for some time as I had always been going about. I have 
 almost finished my long gossiping letter which I hope has interested 
 you more or less. I expect to find a letter at Kingston in ansAver to 
 it which Avill be at least of 16 pages, which aa^II give me no end of 
 details about England and of your tour in France, and hoAv you 
 liked Paris. I suppose that you are by this time fixed in London. 
 In what part of the tOAA^i do you live ? Is the season very gay this 
 year ? I found a letter from my father waiting for me at Monte 
 Video, he appears to me by it to be A^ery Avell and in good spirits " —
 
 ( 259 ) 
 
 I cannot suppose that this was the "cross letter" which the defendant 
 refers to, because a man does not speak of a letter in which his father 
 appears " very well and in good spirits " as a cross letter. " I was 
 very sorry to hear a short time after my arrival in this part of the 
 world of Lady Tichbonie's death. It must have been, I have no 
 doubt, a sad blow to all the family, especially as her death was so 
 sudden. I must at last conclude this letter Avhich has been perhaps 
 already too long by praying you to give my love to my cousin, and 
 believe me, my Dear Aunt, your affectionate Xephew, R. C. Ticii- 
 BORNE. P.S. Pray, dont forget the letter ivhich I expect to receive 
 from you in the West Indies, of at least sixteen pages.'''' The whole 
 of that is underscored. Then he notes, " Distance performed by me 
 on horseback from one town to another " — it is not necessary to go 
 through the details — he makes the " Distance between Valparaiso 
 and Buenos Ayres 513 leagues or 1,539 English miles" — a very long 
 journey for a man to have perfonned on horseback, and which would 
 appear to afford a sufficient answer to the supposition that he Avas the 
 diseased, debilitated, worn-out indiAadual the coiuisel for the defendant 
 sought to represent Roger Tichborne. 
 
 Now", we have not before us any corresponding letter wi'itten to 
 his mother ; but in the last letter written to her prior to that date, a 
 letter of the 1st of March, he promises that he will send her an 
 extract from his journal. In that letter he says, " I have not time 
 now to send to you an extract of my daily journal to-day, but I shall 
 write it out for you." Therefore I cannot help supposing that as he 
 found time to w'rite this extract from his journal to Lady Doughty, 
 having promised to send the same to his mother, he must have 
 written to her in the same terms. Indeed, the defendant, who has 
 had possession of all Lady Tichborne's letters, admitted that there 
 had been a copy of the journal sent to the mother. If that be so, 
 the argument which was strongly pressed by the learned counsel for 
 the defendant founded on his knowledge of the accident to the mule, 
 and on this accident not being mentioned in Roger's letters to his 
 mother, of course falls to the ground. If Roger Tichborne sent the 
 same extract fi'om his journal to his mother that he sent to Lady 
 Doughty, the accident to the mule would be fully described. That 
 letter, however, we have not seen. "What has become of it we do 
 not know. If there was such a letter to the mother with this cor- 
 responding extract from the journal — of com-se it woidd be in the 
 same words if taken from the journal — that letter has been withheld. 
 If the letter ever reached Lady Tichborne, it must have contained 
 an account of this accident as well as the other incidents of tlie 
 journey. 
 
 I ought not to pass over that letter of March the 1st to the mother, 
 to which I have just been referring : " Buenos Ayres, March P'. My 
 
 s2
 
 ( 2G0 ) 
 
 Dear Mother, It is certainly strange that every one of your letters as 
 far back as I can remember have always been and are still now always 
 on the same subject, mthout the least variation. Those subjects are 
 invariably the duties of a Son towards his Mother which fills up as a 
 matter of course at least the two first pages. The two other pages are 
 generally filled up with all kind of imaginary fears, and a list of acci- 
 dents, the illness and sickness of every description which are quite un- 
 known to any body else but yourself. It must be certainly the work 
 of your imagination which makes you think of so many things. 
 Another thing also, where I don't think you don't at all treat me 
 fairly ; you treat me in yoiu- letters exactly like if I was twelve or 
 thirteen years of age, and moreover as if I was quite incapable of 
 taking the least care of myself. I beg to say that I am quite old 
 enough to take care of myself, and that I act as circumstances require 
 it. Afterwards if you are always determined to think that I am ill 
 or sick or anything else, when I tell you in my letters that I am very 
 well, it is perfectly useless for me to ^yTite to you to let you know how 
 I am, as you don't appear to believe what I say in my letters. I shall 
 not in future wait for your letters to ^vi'ite as they don't contain any 
 news from you or my Father, or any kind of news which require an 
 answer. I shall therefore write to you" — this is an important pas- 
 sage as indicative of his future intentions — " I shall therefore Avrite 
 to you from the principal tOA\Tis at which I shall stop, without wait- 
 ing any more for your letters. The servant who I took at Lima suits 
 me very well. I have had him to my service now for some time, and 
 I have no doubt that he will go on as he has begun and follow me in 
 all my travels, and come back AAdth me to England. It is quite im- 
 possible for me to fix in any kind of way the time of my return to 
 England. The life which I am following suits my taste too Avell for me 
 to leave it in a hurry, especially as my health is remarkably good and 
 promising to keep so for a long time to come. I left Santiago in the 
 middle of summer which is the month of January, that is to say on 
 the ll"* of January, to cross the Cordilleras of the Andes." Then he 
 describes the scenery in very much the same language as before, only 
 more briefly, but still sufficiently to indicate the sti-ong feeling of admi- 
 ration excited by what he had seen. " I have seen certainly a great 
 many coimtries in my life but I never saw one where the sceneries 
 which a person sees from the top of the Cordilleras of the Andes, for 
 the wildness and magnificient scenery which he sees before him I 
 don't think that there is anything to be compared to it in the Avorld." 
 It is in this letter that he promises to send the extract from his 
 journal — "When you answer this letter direct yours Post Office, Kings- 
 ton, Jamaica, West Indies, where I shall only call to get my letters on 
 my way to Mexico, where I expect to be in about 3 month and a half. 
 I have not time now to send you an extract of my daily journal to-day
 
 ( 261 ) 
 
 but I shall va-'ite it out for you as soon as I shall have time. I suppose 
 that you must be by this accustom to the English country life which is 
 by far the best life to lead. Tichborne is a very nice place in all seasons 
 in the year," and so on. Now it w^as on the 12th of March, twelve 
 days later, Avhen he had got to Monte Video, that he sent to Lady 
 Doughty the long extract I have read to you ; and it may be presumed 
 that on the same occasion (he says his whole time is taken up in 
 writing letters) he would send to his mother the promised extract 
 from his journal, just as he sent it to Lady Doughty. 
 
 From Buenos Ap-es he Avrites to Mr. Gosford a letter, Avhich is 
 
 not unimportant, of the 17th of March. " My Dear Sir, In reply to 
 
 your letter which I found waiting for me at Monte Video, I think it 
 
 quite necessary to alter the will which I had written by Mr. Slaughter 
 
 in London, in June, 1852 — so far, at least, as Everard Arundell is 
 
 concerned." This shows that he had perfectly present to his mind 
 
 that he had left the ultimate remainder, in default of issue of his 
 
 brother and of his cousin Miss Doughty, to Everard Arundell ; but 
 
 although I have no doubt you are satisfied he fully understood what 
 
 he had done by the different provisions of his will, Roger Tichborne 
 
 was no lawyer. I don't suppose he had ever read the most elementary 
 
 law book, or received instruction of any sort or kind on the subject of 
 
 law, and he imagines, in the simplicity of his mind, that a man can 
 
 alter his will by writing to his agent either to insert something in it 
 
 or to strike something out of it. This is the notion he had got into 
 
 his head — a very foolish one, no doubt, and which shoAvs a prodigious 
 
 ignorance of law ; but his proposal shows perfectly well that he Avas 
 
 quite aAvare that by his Avill he had left the Avhole of the Doughty 
 
 property, in the event of failure of issue of those to Avhom he had first 
 
 left it, to this Eveitird Arundell. Noav Everard Arundell, as Roger 
 
 had probably learned from one of the letters he had received from 
 
 England, instead of dcA^oting himself to some lay profession, Avas 
 
 about to become a priest, and it occurred to Roger that it Avoiild never 
 
 do to leave it to him, because in case the issue of the other branches 
 
 should fail, he might bestoAV it on the church, which Avas by no means 
 
 Avhat Roger desired ; so he says : " I think it quite necessary to 
 
 alter the Avill Avhich I had written by Mr. Slaughter in London, 
 
 in June, 1852 — so far, at least, as Everard Arundell is concerned. 
 
 As he is going into the noviciate at Stoneyhurst to become a Jesuit, 
 
 I don't think that in case there should be no male issue from either 
 
 me or my Brother, it Avould be desirable to leave him such poAver as 
 
 named in my Avill in the property. I therefore Avish that on the 
 
 receipt of this letter you Avill write at once to Mr. Slaughter to have 
 
 E. Arundell's name scratched out of my will" — he thought that 
 
 could be done. Then folloAvs a very remarkable passage — " There is 
 
 another thing on Avhich I have thought for a long time : I and my
 
 ( 2G2 ) 
 
 Mother nevei' could agree together. It would therefore be desirable, 
 in case my Father should die during the time I am travelling, to in- 
 sure her (if it has not been done already)" — It had, in fact, been done 
 by virtue of the power which Mr. Tichborne had of charging the 
 estate, in his wife's favour ; but of this Roger was not aware, so he 
 says — " to insure her (if it has not been done already) so much a year 
 to live where she liked except at Tichborne, as it would be quite im- 
 possible for me to put up with liar character." — This is the mother to 
 whom he has been supposed to have been so much attached, and at 
 whose slightest bidding he was prepared to act entirely according to 
 her Avill — " I wish you to speak on the subject with Mr. Slaughter, 
 and write to me what you thought upon it, and direct your letter 
 where I told you in my last letter." 
 
 He writes to Mr. Vincent Gosford on the 20th of jSIarch from 
 Buenos Ayres on the subject of Moore, and though what he says 
 about Moore matters little to us, it is not immaterial as throwing 
 light on his intention with regard to his coming back to England. 
 For we shaU have presently to consider whether the course of conduct 
 said to have been adopted by the defendant in Australia, the living 
 so many years in exile, obscurity and silence — was at all in accordance 
 with what might have been expected a priori of Roger Tichborne, 
 from our knowledge of his character and antecedents ? In this letter 
 he says : " I have not alluded to a subject concerning J. Moore, 
 which must be I fancy of some interest to you as it was in great 
 measure to your recommendation I took him to follow me in my travels. 
 When he Avas so very ill at Santiago last July I was foolish enough to 
 tell him that if on my return to England a change took place and I 
 Avas obliged to get up a house I would take him as butler if he liked 
 it. I certainly " — the Avord " had " is omitted — " forgotten to teU 
 him when I was last in Santiago that it is now a thing quite impos- 
 sible, for several reasons Avhich are these : First of aU Avhen I came 
 back to Valparaiso and had taken my passage on board La Pauline 
 to go as far on board her as Arica (cost of Peru) I Avas quite 
 surprised to hear from almost CA^erybody on board AA^hat extraor- 
 dinary rumours he had been spreading upon me. He had been 
 it appears pestering CA'erybody on board in the passage fi-om HaA're 
 to Valparaiso, beginning by the cook including almost all the sailors, 
 and going to the mate, and the Captain, telling them aU till they 
 got so tired of him that they use to send him about his business, 
 that I had an Uncle avIio gaA-e me plenty of money, that I Avas 
 moreover Avhat is called a hare-headed kind of cha]), that I had 
 undertaken that long travel God knows for what purpose, but that 
 at any rate there Avas not the least doubt that no sooner I Avould 
 see Valparaiso I Avould get so tired of the place I Avould go back 
 to Europe directly, and that it Avas very likely that I Avoidd go back
 
 ( 263 ) 
 
 on board La Pauline, and many other thing similar. I have done 
 certainly many foolish things in my life, but I have not yet been 
 nearly 5,000 leagues out of my country only for the pleasure of 
 taking a sail. Secondly it is not in the least my intention to set 
 up a house as it is not my intention to marry. So that remaining 
 single I Avon't require a butler nor many other servants, Avho are 
 necessary in a regular establishment. I don't think it even so likely 
 that I shall ever make any long stay in England during my Parents' 
 lifetime." That is an important passage. It shows on the one hand 
 that he did not mean to make any long stay in England during his 
 parents' lifetime, because in that case he coidd not have avoided 
 going to his paternal home, and might there have been involved in 
 the annoyances to which he has so many times referred. But it by 
 no means shows that he was intending to stay away fi-om England 
 altogether. " I don't think it, even so, likely that I shall ever make 
 any long stay in England during my Parents' lifetime. You had 
 better mention this second point in the first letter which you write 
 to I. Moore to explain to him that it not being my intention to have 
 any kind of establishment it is quite useless for him to think of 
 coming back in my service as Butler, as I shall have no employment 
 for him, as in the small kind of house I shall have, my present valet 
 will be able to do both employments of butler and valet de chambre. 
 If I had known before what he had said about me I never Avould 
 have kept him. I intend writing to him to-morrow to explain this 
 second point to him myself, and tell him besides that if I can be of 
 any use to him I shall do it Avith pleasure, but that it is useless to 
 think of coming back into my serAdce for the reasons AA^hich I haA'e 
 explained in my letter ; I should feel obliged if you had the kindness 
 to allude to the subject in your first letter to him." Lady Doughty 
 again comes up : " I fancy that Lady Doughty enquires sometimes 
 or other if you had heard from me and what may be my intention 
 about coming back to England, or other things I don't knoAv. 
 I suppose that the old subject of myself and my cousin has never 
 been alluded to by her to you, either by word of mouth or AAriting." 
 — What is implied here but is left out is, " I hope it has." — " I never 
 for my part mention any thmg to her about it in any of my letters, 
 and moreover I never Avrite any of those private letters which she 
 use to like so much formerly. Letters Avhich she receives from me 
 are very civil but there is nothing in them which cannot be shoAvn to 
 anybody. I am very sorry that you never told me in any of your 
 letters what my Poor Uncle Doughty left me by his private will. 
 I hope I shall leam it in the letter Avhich I expect to find at the post 
 office at Kingston." There we haA^e sentiment and interest side by 
 side — still the old feeling about his cousin, of Avhom he said, and 
 I believe said truly, in one of his letters Avliich I read to you this
 
 ( 264 ) 
 
 morning, that he remained as much attached to her as ever. He 
 had gone abroad partly from the love of travel, natural to a yoimg 
 man, and I think honourably natural to a young man, desiring to see 
 foreign countries, and other modes of life and customs and habits 
 than those which he had the o])portunity of seeing in his oavu 
 country ; but he had gone, I believe, quite as much to drown, if he 
 coidd, the painM recollection of his love, and his disappointment ; 
 and from this eternal reference to Lady Doughty and his cousin, 
 while, at the same time, he expresses indifference as to whether 
 Lady Doughty inquires about him or not, I cannot help thinking 
 that the Avound had never healed ; and that, in the midst of all the 
 excitement of travel, and the enjoyment of the wild scenery through 
 which he was passing, many a time the thought of Kate Doughty 
 came back upon him. Like the stricken deer of the Roman poet, 
 the arrow still remained fixed in his side, and flight could not shake 
 it off, or, as Dryden finely renders it : 
 
 " The fatal dart 
 Stuck in his side, and rankled in his heart." 
 
 I see very plainly, from all this correspondence, that he could not 
 shake off the feeling which had been so strong on him, and it 
 remained just the same. A man may fly his country, but as Horace 
 tells us, he cannot fly from himself; and Roger never could shake off, 
 and never could have shaken off, though years might have intervened, 
 the recollection of his first fond affection, which I cannot, reading 
 those papers, and watching the whole coiu'se of Roger's life, fail to 
 believe was deeply rooted in his heart — a feeling, not of low passion, 
 such as the learned counsel for the defendant has described it, but of 
 real, truthful, honourable love. It may have but little to do with 
 the issue which we are trying, but I think it is but just to Roger 
 Tichborne's memory, if he be dead, or to his character, if he be 
 living, that that part of his history should not be misrepresented in 
 the manner in which it appears to me the learned counsel for the 
 defendant has misrepresented it. 
 
 Gentlemen, there is another passage as connected with the ques- 
 tion of Roger's return to England to which I must call your atten- 
 tion. I did not read the long letter to INIrs. Seymour throughout, 
 because it contains only an account of the passage across the Andes 
 and the Pampas, and Ave have that in the letter to Lady Doughty 
 which I have read, and there is no occasion to repeat the same 
 thing to you a second time ; but there is one passage in it Avhich 
 I think very Avorthy of remark, as bearing on the issue Avhether 
 Roo:er did or did not intend to return to Eno-land. It is the last 
 passage in the letter. As usual, he begs Mrs. Seymour, as he begs 
 everybody else to Avhom he Avrites, to write to him in ansAver, and 
 points out hoAv she shall address her letters in order to prevent their 
 missing him. Then comes this last passage : — " I shall feel much
 
 ( 265 ) 
 
 obliged if Henry had, if he has not done it ah'cadj, my name put up 
 at the Traveller's Club, as I should like very" (" much" omitted) 
 " to be a member when I come back." I do not think you could 
 have better proof that he did intend to come back to England, and 
 that it was not an expatriation for an indefinite period that was at 
 that time contemplated by him, or indeed that seclusion from the 
 world, in the spirit of a hermit, which the learned counsel for the 
 defendant in such glowing terms described as animating the breast of 
 Roger Tichborne. We were told that, sick and weary of the Avorld 
 and its wickedness, he was about to retreat into solitude, in which he 
 might devote himself to contemplation or to the restoration of his 
 health, physical and moral, Avhich, unfortunately, dissipation and 
 debauchery had destroyed. The last place I should think a hermit 
 would have thought of going to would be the Traveller's Club in 
 Pall jNIall, unless the most recherche cookery, and the most ex- 
 quisite Avines, and the most pleasant society should be that which is 
 characteristic of the anchorite and hermit. That is a passage we 
 therefore ought not, when we come to deal Avith these glowing 
 theories, altogether to lose sight of. What it means is this: — 
 " Have my name put up at the Traveller's Club. I am going to 
 travel another year or tAvo. When I have done Avith South 
 America, I am going to Mexico, and AA'hen I have done Avith 
 Mexico I may go to India. It takes some time, when a man's 
 name has been put up at the Traveller's Club, before he is elected, 
 and that may about cover the period for Avhich I intend to be away, 
 and Avhen I get back, I shoidd like to be a member of that club 
 as a place of refreshment and social enjoyment." That shows that 
 he did not contemplate a final expatriation, but only a temporary 
 sojourn abroad, at the end of Avhich he Avould return to England ; 
 his father and mother being alive, he posssibly Avould not make 
 any lengthened stay in this country, but only visit it occasionally ; 
 but it shoAvs quite the contrary to his having contemplated going 
 and burying himself in the forests of Australia for some tAvelve 
 years. 
 
 We now have brought Roger to the close of his career in South 
 America. We knoAv he took his passage on board the ill-fated 
 ship the " Bella," and the account we have had from Captain Gates 
 is this : He had got to Rio Jfineh-o, the place at Avhich he intended 
 to embark to go northAvards on the Avay to Mexico. He seems to 
 have got into pecuniary difficulties. It is said he got into those 
 pecuniary difficulties by having been tempted to play at billiards, or 
 whatever else it may have been, and having led a riotous life there, 
 so that his funds became exhausted, and he had not the means of 
 going on. Noav that his ftmds became exhausted is clear. Whether 
 this long sojourn in South America had brought him to the end of
 
 ( 2GG ) 
 
 his resources or not I do not know, or whether it was that he did get 
 into some bad practices, and there spend his money or lose it. I see 
 in one of his letters he begs that Messrs. Glyn & Company will 
 forthwith send him an order for 200/. to Rio. It may be that he 
 was disappointed in the receipt of that when he expected it, and it 
 may be that he was in consequence detained at Kio. We have none 
 of the correspondence later than Buenos A.yres, and Ave have no 
 means, therefore, of judging of the actual state of things, but accord- 
 ing to Captain Gates, Roger was in some difficulty ; very likely he 
 could not pay his hotel bill or something of the kind, and was impa- 
 tient of remaining any longer until funds could be obtained from 
 England, and he proposed to Captain Birkett, the commander of the 
 " Bella," the vessel being about to sail at that time first to Kingston, 
 and then to Ncav York, to take him, intimating at the same time 
 that he had not the means to pay the passage. Captain Birkett Avas 
 pleased Avith the young man, and was half disposed to do Avhat he 
 asked. At the same time, he kncAv very Avell that he should make 
 himself responsible to his OAvners if, on arriving at New York, Roger 
 Tichborne had not the means of paying for his passage. He there- 
 upon consulted Captain Gates, a brother captain in the same service, 
 as to what he should do ; and Captain Gates, who has all the appear- 
 Rnce of being a good-natured man, saAv this young fellow, took a liking 
 to him, as everybody else who came into contact Avith Roger seems 
 to have done, and said to his friend, " It will be all right : — he'll pay 
 you when he gets to Ncav York, and if he should not, I Avill bear 
 you out in explaining to the OAvners how you came to take him on 
 board." Accordingly, says Captain Gates, it Avas arranged that he 
 should be taken on board. Noav, being a foreigner, he had to give 
 notice of his intention to leave, and it Avas necessary that he should 
 have a passport. There AA^as a difficulty in getting him a passport, and 
 so, says Captain Gates, we agreed to smuggle him on board. Then, 
 according to Captain Gates, Roger went on board the evening before 
 the ship Avas to start. She Avas to leave on the 20th, and he Avent on 
 board the night before, and it being necessary that his presence on 
 board should be concealed from the local officers when they came on 
 board, it Avas arranged he should be hidden and put out of sight when 
 they arrived. According to Captain Gates, Roger remained on 
 board on the night of the 19th, Avhile he (Gates) returned to sleep 
 on board of his oaa^u ship, but in the morning, the first thing, he 
 came to say good-bye, and shake hands Avith his brother Captain, 
 with whom it appears he was on A^ery intimate teiTOS, before the 
 " Bella " sailed, and when he came on board at daybreak, cA'eiy one 
 was up, and there was Roger. Then he says, Avhen the local officers 
 were coming on board, Roger was put down into the place called the 
 lazarette or store-room of the ship, Avhich is beloAv the captain's
 
 ( 2G7 ) 
 
 cabin, and which Avas got at through a trap-door ; and having, when 
 the officers were coming on board, put him into the lazarette, they 
 ehut up the hatchway over it, put the grating over that, and a 
 table upon it with some coffee for the officers, so that when the latter 
 came on board they had their coffee at this table, Roger Tichborne 
 being down below, and the whole thing passed off without suspicion 
 on the part of the officers of the trick that was being practised upon 
 them. The officers left the ship. Captain Oates returned to his, and 
 the " Bella " sailed. 
 
 Now, upon this part of the story there was a great conflict of evi- 
 dence, which I do not propose at the present moment to detain you 
 with ; though at a later stage of the case it will be necessary to 
 advert to what has been SAvorn on this subject. The evidence is 
 altogether conflicting, and it is impossible to reconcile the two state- 
 ments : you must form your judgment between the two. The defen- 
 dant's case is that he went on board drunk ; that instead of being 
 put into the lazarette, he was put into one of the after-cabins, Avhich 
 had been up to that time used as a store-room ; and that he never 
 left it until the morning Avhen the " Bella " Avent doA\ai, but remained 
 in a state of intoxication, on and off, as he calls it, the Avhole time, 
 having been in such a state of thorough debauch and drunkenness at 
 Rio, that he was incapable of finding his way to the ship, and they 
 were obliged to hunt for him for two days before they could find him 
 to bring him off. All this is positively denied by Captain Oates, 
 who says that Roger Tichborne was not drunk, and that this state- 
 ment is an invention, and that Roger Tichborne was never put into 
 the side cabin but into the lazarette, as he described. That I will 
 not dwell upon noAv. I am hastening on to the departiu'e of Rogei:, 
 and to the sinking of the " Bella." On the morning of the 20tli the 
 " Bella " sailed. Foiu' days after that, facts came to light which 
 could leave no doubt that the " Bella " had fomidered and gone doAA^n 
 in the deep sea. The long boat was found bottom upAvards, and in 
 the immediate vicinity of it, articles of Avreck AA^hich had most un- 
 doubtedly belonged to the ship. No doubt, therefore, coidd remain 
 that the " Bella " had perished ; but the question stUl remained, 
 whether those on board had perished Avith her. Well, Avhen a ship 
 goes doAvn, nobody knoAvs Iioav, far out at sea, in the great deep, you 
 naturally fear, and the presumption is, that those on board Avent doAvn 
 with her ; but there is ahvays a hope, so long as hope can be reason- 
 ably entertained, that, although the ship has gone doAvn, those on 
 board may have escaped ; and accordingly for a time that hope 
 would be entertained, and doubtless was entertained. Yet, reason- 
 ably speaking, the presumption Avould be the other Avay. When a 
 vessel has gone down far out at sea, it is unlikely that those on board 
 her Avould reach the shore ; and here AAas the additional circumstance
 
 ( 2G8 ) 
 
 that tlie long-boat had been found bottom upwards, and so no one 
 could have been saved in her. But then there were other boats on 
 board the ship, and some of the persons on board might have got into 
 one or other of the other boats, and though those who got into the 
 long-boat, or larger boat, must of course have perished, as she was 
 turned bottom upwards, that may have been from their having met 
 •with some subsequent disaster, after getting on board the boat. 
 That might be a fair argument, and give some ground for hope that 
 those who had gone in the other boat might be saved. But then 
 there was the very awkward circumstance that the long-boat Avas 
 found in the immediate neighbourhood of the articles of floating 
 wreck which undoubtedly belonged to the " Bella." If persons had 
 got into the long-boat, in the hopes of escaping in her, they would 
 not have remained exactly on the same spot where the articles of 
 wreck were floating. Of course, these articles, having no power to 
 move themselves, would remain more or less stationary, while the 
 long-boat, if persons had got into it, would by the power of sail or 
 oars, which they could avail themselves of, soon have been removed 
 to a distance. Therefore its presence there in the immediate vicinity 
 of the articles of wreck would serve to lead very strongly to the in- 
 ference that the long-boat had never been taken to by persons endea- 
 vouring to make their escape, but, in the course of the ship going 
 down, had been turned bottom upwards and had remained floating 
 on the surface of the water just like the other articles, and had never 
 been used for the purpose of escaping from the wreck. If that was 
 so, if the larger boat had not been resorted to for the purpose of 
 escape, it was hardly likely that the smaller one shonld have been, 
 and that those in her should have succeeded in making their escape. 
 Still the thing was possible. Therefore, of course, as long as hope 
 could be kept alive hope was kept alive ; but there is an end to every- 
 thing in time, and after a time Roger, by everybody except his 
 mother, was believed to be drowned. Everything had been done 
 that could be done. A vessel was sent out by the admiral on that 
 station for the purpose of scouring the surrounding seas, to see if a 
 boat or any remains could be found, but nothing except the long- 
 boat and the articles of wreck was ever seen or heard of. 
 
 And now. Gentlemen, Roger haAang been supposed to have gone 
 down at sea, and as we are about to lose sight of him, at all events for 
 a time, let us see whether upon the whole pur\-iew of Roger's life, with 
 all we have heard about him, and all we have read about him, and 
 above all from the materials he has himself furnished, Ave can form any 
 satisfactory estimate of his character, so as to apply it by-and-by as 
 a test of the conduct of the defendant, Avith the A'ieAv of judging 
 whether in the defendant Ave recognize the man whom we are thus 
 enabled to portray to ourselves, and liaA^e present physically, intel-
 
 { 269 ) 
 
 lectually, and morally to our mind's eve. In making a comjiarison 
 between them as a test of identity, it is of course very essential that 
 we should have a very clear and definite view as to who and what 
 Roger was. Next let us endeavour to form an accurate judgment as 
 to what were, Avhen he Avent on board the " Bella," his intentions 
 and resolutions as to the future ; because here again a fair and 
 proper subject of comparison presents itself. If Roger Tichborne 
 had certain definite and fixed intentions as to his future careei", does 
 the conduct of the defendant squai-e with those intentions? It being 
 admitted that the conduct of the defendant, if he be Roger, is open 
 to the imputation of the most extraordinary singularity, can we find 
 in the character which we have formed to ourselves of Roger and in 
 the intentions and resolutions which we shall find to have animated 
 him, and which Avould have been likely to influence his conduct, 
 anything to account for the conduct of the defendant? Has it 
 been what we should have expected fi.*om the undoubted Roger 
 Tichborne ? 
 
 Now, with regard to the person of Roger, although that is a very 
 important element in the inquiry, I do not propose at this moment 
 to go into it, because there is about it a fearfld amount of conflicting 
 evidence which Avill have to be carefully compared. I therefore put 
 it on one side, except so far as there can be no qiiestion about^ it. 
 There are certain facts connected with Roger's personal appearance 
 which are common to both sides, and which I may therefore mention 
 to you now. He was a man of 5 feet 8^ inches, as we know, at the 
 time of his entering the army, and I do not think there is any reason 
 to suppose that he ever grew after that. He was then twenty-and- 
 a-half years old. The military tailor Avho has been called before you 
 does not say he had occasion to take his measure a second time, and 
 therefore I presume he did not grow after that period ; and I think 
 therefore we may safely take it that his height, as ascertained by the 
 military tailor in the month of July, 1849, remained his height 
 throughout — 5 feet 8^ inches by the military standard. Then we 
 know that he was a very slim spare man, so small about the hips 
 that they were obliged to have recoiu-se to artificial means to enable 
 him to keep his SAvord on, as the belt would otherwise have fallen 
 down. We know he had dark brown hair. The precise shade has 
 been differently stated, but we have some of the hair cut off" in 1852 
 by his mother, and can therefore by our own ocular inspection 
 satisfy ourselves on that. I do not propose to go into other details 
 at present ; but certainly, unless, according to the theory of the 
 learned counsel for tiie defendant, a lean man can grow into a stout 
 man and vice versa (and I do not know that that is a physical 
 impossibility), he was certainly not a man, whom you would expect 
 to become a remarkably stout man, and a man of great bulk. Before
 
 ( 270 ) 
 
 I quit that subject I have one other remark to make, and it is this : 
 "Whatever may have been the physique of Roger, it is clear that he 
 must have been a man of very considerable nervous and bodily 
 energy, certainly not the dilapidated, worn-out creature the learned 
 counsel has represented. He may have had bad habits which 
 impaired his health and constitution, but that he had a great 
 amount of animal vigour from the beginning I should think there 
 cannot be the slightest doubt. What Avere his favourite pursuits ? — 
 active ones. He was fond of hunting, shooting, and fishing. And 
 what the amount of his physical energy must have been is manifest 
 from this, that we do not find him giving himself up to the pleasures 
 of bed, or table, or idleness, but always anxious for active service. He 
 wants to go to India, and is only dissatisfied with the army because 
 he has nothing to do ; and when he finds that he cannot get active 
 service, he makes up his mind, to do what ? — to travel thousands of 
 miles. He takes his passage on board a French ship ; goes to 
 Valparaiso, with the intention of exploring South America ; pro- 
 posing, when he has done that, to go to Mexico. When in South 
 America, we find him riding fi'om seventy to eighty miles in one 
 night ; he goes a journey across the Andes, which is a great deal 
 more than everybody would undertake ; he rides across the Pampas 
 in an incredibly short sjjace of time. Is this a man diseased in body 
 and mind, debilitated and worn out from misuse of his powers, such 
 as Roger Tichborne has been described to us? On the contrary, 
 this is a man of great physical energy; probably, the sea air and the 
 change of life may have had a beneficial effect upon him ; because, 
 to ride eighty miles in a night, and cross the Pampas on the horses 
 of the coimtry, a man must have been in very high training. He 
 may afterwards, for aught I know, have given way to excess and 
 debauchery at Rio and brought himself to the state the defendant 
 describes himself to have been in when he was picked up by the 
 saAang ship ; but when he was in South America he must have been 
 in a very high state — I will not say of strength, because his bodily 
 frame may not have been a strong one — but of physical energy and 
 vigour, or he could not have done the things which he undoubtedly 
 did. 
 
 Passing from this, let us see whether we can form an accurate 
 estimate of his character. As to his intelligence, he was a man Avho 
 had been most cruelly and shamefully, and so far as his parents were 
 concerned, sinfully neglected. Chatillon had done something for 
 him so far as he went, but after that he fell into the hands of as bad 
 a preceptor as possibly could have been found : he learned nothing, 
 and forgot what he had learnt. But before it was altogether too late 
 he is brought to England, and is placed where, perhaps, education 
 was not carried on on the highest possible principles, or in a manner
 
 ( 271 ) 
 
 to attain the highest degree of proficiency in the various departments 
 of study, but where, nevertheless, he undoubtedly did learn some- 
 thing. Though he seems to have been too much addicted to the 
 pleasures of the field, and perhaps had bad propensities with regard 
 to drinking, smoking and the like, he seems to have found time for 
 reading, and he had some taste for books and literature. We have 
 not his books before us. They Avere sold at one of the forced sales 
 which took place when the sheriff's officers took possession of his 
 brother's effects, and became scattered about, and only a few have 
 been recovered; but Ave have a list of the books which he Avas 
 prepared to purchase. I do not know whether he did purchase 
 them. There is a series of books entered in that small memorandum 
 book of his — a series of books Avhich Avould have done no discredit to 
 any one. Some of the books in that list have been found ; as to 
 others, the list may have been merely memoranda for future pur- 
 chases. There are classic Latin authors of the highest order — 
 Virgil, Livy, Caesar ; " Cesar's Commentaries" Ave knoAv he read 
 some part of when at Stonyhurst. Among his books Avere the AA'hole 
 plays of Corneille, the great French dramatist, and of Moliere, 
 Avhom he read with an appreciation of character, knoAving the 
 distinction betAveen one character of the " Misanthrope" and the 
 other ; so that he was not the perfect dunce and blockhead that he 
 has been sought to be represented to you. In the list of books there 
 are mathematical books, too, of the very highest order. I do not 
 suppose that he ever read them, but it shoAvs that the man had some 
 idea of those sciences, as Avell as some appreciation of literary merit, 
 and some literary taste. He writes to his mother when he was 
 staying at Tichborne in 1848, that his time was passing very 
 pleasantly ; that Avhile he Avent hunting and shooting, he also read 
 interesting and instructive books. He refers to the Avorks of Chateau- 
 briand, Avith Avhich he appears to have been familiar, and to other 
 books ; all Avhich does not shoAv, I qiute agi-ee, that this man was 
 a scholar or man of learning or science, but it does show he had 
 some taste for reading and sense of literary merit. At the same 
 time, I am perfectly ready to admit, that his education had been 
 neglected, and further that his intellect was not, even if it had been 
 educated, one aboA^e par ; still it Avas one which, Avith ordinary advan- 
 tages and ordinary cultivation, would have produced an amount, and 
 a very fair amount, of information as the Avorld goes. 
 
 Next, as to the man's character generally. Everybody seems to 
 agree that he Avas a man of very amiable disposition and very pleas- 
 ing manners : not merely that they Avere the manners of a man of 
 refinement, but that he had the manners of a man of kindly feelings, 
 of an amiable, gentle, and taking disposition. Yet, I do not suppose 
 that there Avas much beneath the surface. I do not imagine that he
 
 ( 272 ) 
 
 was a man cajjable of very -wavra affection. In the first place, it is 
 quite clear from his letters and from his ovm language when he is 
 opening himself in the fulness of confidence either to Mr. Gosford 
 or Lady Doughty, that he had not much affection for either his 
 father or his mother. If he had loved his mother filial piety would 
 have led him to draw a veil over the darker shades of Lady Tich- 
 borne's character ; he does not. He speaks of his mother in terms 
 which one cannot help feeling are too strong for a son, even with the 
 experience he had had of all the evils which resulted fi'om her un- 
 happy disposition. A son ought not to speak of his mother as 
 "making a hell of her household to her husband and everybody in 
 it," but so it is. Again, as to his father — he treats his father much 
 more tenderly ; and it is plain to my mind that his affection, as 
 betAveen his father and mother, was for his father and not for his 
 mother. But he never thinks of consulting his father, or of yielding 
 to his father's wishes. He never consults him ; he acts for himself; 
 forms his own judgment ; does not make a friend of his father as a 
 son should do ; and in short in these relations certainly does not 
 appear to us in the light of a man entertaining the feeling of warm 
 affection towards those to whom certainly, hoAvever ill-judging they 
 may have been, he owed filial duty and respect, and as to Avhom he 
 must have known perfectly Avell, that however AATong they may have 
 been in their system of education towards him, both loved him most 
 Avarmly and affectionately. It is impossible to doubt fi-om Mr. 
 Tichborne's language and from his wife's conduct, that however 
 foolish one or both might be Avith regard to the training of their 
 son, they both loved him Avith intense affection. Again, with regard 
 to Sir Edward and Lady Doughty — they had been a second father 
 and mother to him ; their house had been his home ; nothing could 
 exceed the kindness which they had shoAvn him ; but the moment 
 Lady Doughty crossed him either in matters of interest, hoAveA^er 
 trivial, or in the great matter of his love to his cousin, Avhat bitter 
 resentment he expresses toAvards her ! Even the fact that she insisted 
 on having certain articles of furniture, AAdiich he thought ought to go 
 Avith the family heirship, makes him furious, and he speaks of her to 
 her oAvn steward in terms of disrespect. When, from a mother's 
 feelings and anxiety about her daughter's future, she thwarts him in 
 the matter of that daughter's affection, with Avhat resentment he 
 turns upon her ! — not openly and undisguisedly acknoAvledged it is 
 true, but manifested in those confidential letters AA-hich he Avi'ites to 
 Mr. Gosford. Again, Avith regard to the Sejonour family, they had 
 shown him the same kindness ; and if the relationship was not 
 ostensibly acknowledged as far as the world AA^as concerned, practically 
 in all good and kindly offices ]\Ir. Seymour had been to him all that 
 a grandfather could be. Mr. Seymour dies, and his death seems to
 
 ( 273 ) 
 
 have had no effect upon Koger. He speaks of it as coolly as if he had 
 been a stranger. He was on good terms with the rest of the family, 
 but I do not see anything to show much affection for any of them. 
 Therefore so far as warm or deep affection is concerned, such as 
 wovdd have the effect of preventing Roger from withdrawing from 
 his family and fi-iends, I confess I do not see it, and this, I think, is 
 so much in favour of the defendant ; because if the defendant is 
 Roger Tichborne he undoubtedly did for years entirely withdraw 
 himself from all correspondence or commimication with his family 
 and fi-iends. Nevertheless, though I cannot bring myself to tliink, 
 upon a calm review of this case, that Roger had any deep or ardent 
 affection for those towards Avhom in the natural state of things it 
 might have been expected he would have those feelings, there is one 
 thing, on the other hand, one cannot lose sight of, and that is that 
 imder no circumstances, even of irritation or anger, is Roger ever 
 wanting in the observance of the outward proprieties and decencies 
 of domestic life. He never failed to write to the various members of 
 his family ; he never failed to be anxious to have news of them. 
 There never Avas a more determined and habitual letter-Avi-iter than 
 he. He writes to his father, his mother, his aunt, and to Mr. Henry 
 Seymour. He keeps up constant communication with his family 
 and is never wanting in those observances which indicate a man 
 sensible of propriety in this particular. All this will have to be 
 taken into account in judging of the conduct of the defendant. 
 Before I pass from this subject, I may observe that while Roger 
 does not appear to have had any very deep or warm affection for 
 those Avho are immediately connected with him, and in his intei*- 
 course with his father and his mother does not write to them in the 
 terms of unreserved confidence which a son generally shows towards 
 his father and mother, there was one person in the world in Avhom his 
 confidence appears to have been perfectly unbovmded, and that is 
 Mr. Vincent Gosford. As I have before observed, there is no 
 subject, however near his heart or however sacred, on which he does 
 not write to Mr. Gosford. As regards his relations with his father 
 and mother, his uncle and aunt, and above all on that matter which 
 Avas nearest his heart — his love for his cousin — he Avrites to Mr. 
 Gosford in terms of the most unreserved and unlimited confidence — 
 a circumstance not to be lost sight of by-and-by Avhen Ave come to 
 see the defendant and ]\Ir. Gosford brought into contact one A\dth 
 another. 
 
 The next part of Roger's character is his independent self-reliance 
 and inflexibility of purpose. From his earliest days he never alloAved 
 any one to guide or direct his conduct. The scenes, AAdiich he had 
 lived through, between his father and mother, had tended to shake 
 his confidence in both, as he found that as surely as he pleased the 
 
 T
 
 ( 274 ) 
 
 OTIC he displeased the other ; and he tells lis himself that this deter- 
 mined him at a very early period to jndge and act for himself. We 
 know that sons up to a certain time of life lean for support on a 
 parent's guidance and advice — not so Roger. On the contrary, the 
 suggestion of anything from either father or mother, so far fi-om 
 determining or directing his conduct, was quite enough to put 
 his back up and apparently make him resolve to act as he pleased. 
 AVhen his mother is dissatisfied Avith his being at Stonyluu-st, 
 not only does he determine to stay, but he rebukes her sternly for 
 interfering: in a matter about which his father and he knew better 
 than she did. When he leaves Stonyhurst she is very anxious that 
 he should go back ; he peremptorily refuses. He wishes to go into 
 the army ; the father and mother oppose it. There is what he calls 
 " a great blow-up " at home. He perseveres and goes into the army. 
 PI is regiment is supposed not to be going on foreign service ; he 
 makes up his mind that he will not stay longer at home leading the 
 idle life of a soldier not on active service. He will exchange into a 
 regiment in India. " For God's sake," his aunt writes to him, 
 *' don't go to India. Your uncle is an old man, your father is an 
 old man, and if you go to India for many years you will not see 
 either of them again. You are the heir and hope of the family. You 
 may lose your health in that climate ; you may die ; don't think of 
 going there." He says, " I Avill." His regiment is ordered for 
 foreign service ; he rejoices ; the order is countermanded ; he is dis- 
 appointed ; and he tries to effect an exchange, and when he does not 
 succeed in that he makes up his mind to pass his time in foreign 
 travel, and he determines to go to South America and Mexico. 
 There is the same lamentation on the part of the father and mother : 
 " We shall never see you more." There is the same remonstrance 
 against his exposing himself to all the risks of foreign travel; but it 
 produces no more effect upon him than the wind Avhich passes by 
 and is unheeded. So with regard to matters of property. The scheme 
 of the father and uncle, in which one might naturally have expected 
 that the son and the nephew would willingly acquiesce, is proposed 
 to him ; but Roger has made up his mind that the Upton and 
 Dorsetshire property shall not be sold. The father may storm, the 
 uncle remonstrate ; it is matter of indifference to him, he has made 
 up his mind, and that stern, stubborn mind of his will not be swayed 
 one Avay or the other by any influence that can be brought to bear 
 upon it. He knew that the object of the father and uncle, descended 
 from a long line of ancestors Avho had lived from generation to genera- 
 tion at Tichborne, was to aggrandise Tichborne, noAvthat the Doughty 
 property had come to them, by making that available for the purpose of 
 acquiring lands in Hampshire, and making the family of still more 
 consideration and importance than it had hitherto been, notAvithstand-
 
 ( 275 ) 
 
 ing tlic antiquity of tlie race. But such was not his view ; he says, 
 " It is too large a property for one family and I shall divide it into 
 two." He knew perfectly well that he could do nothing which would 
 be more repugnant to the wishes and the feelings of his uncle and 
 flither than the course he was then adopting in making this Avill. He 
 does not care. He does not let them know what he is doing ; but he 
 goes to his lawyer, and says : " Make me a will to this effect." He 
 must have known that if he died before his uncle and father that will 
 would cut them to the heart. He did not care. He has made up his 
 mind to do it : he judges for himself, he acts for himself, and he makes 
 his will ; and if Alfred had had a second son, the effect of the will 
 might have been to divide the property in the way he thought of 
 doing ; though that piu'pose wiU now be fi-ustrated because Alfred had 
 but one son, and that son must, consequently, if the defendant be not 
 Roger Tichborne, necessarily inherit the whole. But so far as he was 
 concerned — as his purpose and intention were concerned — his design 
 was to divide that fine property, worth 20,000Z. to 25,000/. a year, into 
 two estates. I do not say that in principle he was wrong ; he may 
 have been right. It may be that large estates are productive of some 
 social or political inconvenience, and it may be, at least it is the 
 opinion of many people, that large properties are not desirable things. 
 All I am pointing out is that Roger, in the provisions of that will 
 and the dispositions created by it, was running directly counter to the 
 wishes of everybody else in his family, uncle and father included. 
 
 The way in which this part of Roger's character bears on the case 
 will be felt when you come by-and-by to observe how the defendant 
 acted under the circumstances in which he was placed — how he became 
 the creature of Lady Tichborne's control and will, yielding in every- 
 thing to her direction and influence. You will judge Avhether you can 
 see in this the character of the Roger Avhom we have thus been tracing. 
 
 Another trait in his character is his very keen sense of his own 
 interest, and his careful attention to all matters of business. There 
 are many instances of it. Sir Edward, through whom this large 
 accession of property had come into the family, was without power to 
 charge the Doughty estates, except for the jointure of his wife. Sir 
 Edward, I think, very fairly said, " In the settlement which we are 
 about to make " — this was the settlement of 1850 — " let me have the 
 power to charge on these estates a sum of 10,000/. to be disposed of by 
 me by my will." Roger shakes his head. Large as the property was, 
 which thus accrued to the family of the Tichbornes, and to him, 
 through Sir Edward Doughty, he does not like the idea of his uncle 
 having 10,000Z. extra out of the property, audit is not until the uncle 
 says, " Well, if you will not agree to it, I will not agree to your having 
 500/. a-year during my lifetime, and 1,000/. a-year afterwards," that 
 he assents. He says that very plainly to Mr. Gosford: "As I find 
 
 t2
 
 ( 276 ) 
 
 my uncle Avill not let me have 500/. a year cliarged on the estate un- 
 less I assent to his being able to chai-ge it with 10,000/., I must give 
 Avay. I accept the terms." When Lady Doughty wanted the fur- 
 niture, you remember the disturbance he made about it. Again, you 
 know Mr. Hopkins was desirous of raising on the estate 30,000 in 
 favour of Alfred. Now if there was anybody in the world he loved 
 — I oiTght to have made an exception in that respect — it was his 
 brother. He always speaks of him playfully, as if speaking of a pet 
 child. I do think he loved Alfred, yet when it was proposed to charge 
 these estates with 30,000/. in Alfred's favour he objects. Alfred must 
 depend on his will, he Avould make a proATision for him, but he would 
 not hear of this charge of 30,000/. Upon the whole, I cannot help 
 thinking that he was a person who looked very closely after his own 
 interests, and you will find that Avlien his uncle Mr. Robert Tichborne 
 dies, and again Avhen Sir Edward Doughty dies, though he shows but 
 little distress or grief at the idea of their loss, there is a thing which 
 immediately occurs to him, " Pray let me know Avhat they have left 
 me by their Avill." With regard to matters of business, I called your 
 attention as we Avent along to the various parts of the correspondence 
 AA'hich relate to such matters in order to enable you to judge Avhether 
 Roger Tichborne Avas not a man Avho fully entered into and appre- 
 ciated all matters of business Avith AAdiich he had to deal. He reflects 
 on his father for leaving himself in the hands of the laAvyers, and al- 
 lowing them to do as they please ; he Avill not do that : " Let me see 
 a summary of your scheme that I may study it." " Let me see the 
 deeds that I am asked to sign that I may make myself thoroughly 
 master of them, that I may thoroughly understand the subject. I 
 give you instructions for my Avill," he says again to his laAvyer ; "but 
 let me see it, and have the opportunity of studying it before the time 
 arrives for my executing it." So that he takes pains to get at the 
 bottom of things. He may have been dull, and slow of apprehension. 
 He may have been as ignorant of laAv as a man Avho SAveeps a cross- 
 ing ; but he takes care that in what he has to do connected Avitli law, 
 he shall thoroughly understand Avliat he is called upon to do and AA'hat 
 it is he is about to do. Whether in this he succeeded we shall have, 
 by-and-by, to consider : as also AA'hether the knowledge exhibited by 
 the defendant of those matters of business throuo-h Avhich Roger had 
 to pass is such as you could have expected from Roger or not ; in 
 order to judge of that you must first be able to appreciate yourselves 
 what Roger kncAv, as aa^cII as Avhat he did. 
 
 Gentlemen, before Ave take our leave of the undoubted Roger 
 Tichborne, Avhich we are noAV on the eve of doins:, there is one more 
 point connected Avith his character upon Avhich it is necessary to say 
 a word, namely, his habits. Xoav I have already said, Avith reference 
 to one particular part of the subject, that I think it Avas a mistake to
 
 ( 277 ) 
 
 hold him up as a sort of |)aragon of morality and virtue. I daresay- 
 that Roger Tichborne had his sins to answer for, as well as many 
 other young men. How far that may be taken into account in respect 
 of the sin which the defendant has professed to take upon himself is 
 a matter Avhich we shall have to consider when Ave come to that part 
 of the case, and I need not dwell further upon it now ; but the other 
 point in his character as regards his habits, namely, the propensity to 
 drink, is, I think, to be touched upon here. I think there cannot be 
 the slightest doubt that Lady Doughty's view of Roger Tichborne, 
 in that respect, Avas the right one, at all events, for a considerable 
 time ; and that he had, from a very early period, a tendency to drink 
 too much. As to saying he AA^as an habitual drunkard, I think that 
 is all nonsense, and as for saying he so far indulged as to impair his 
 intellectual faculties, and to become the sort of AA^retched, debased 
 creature the learned counsel for the defendant represented him, that, 
 too, in all probability you Avill think is going a great deal too far. 
 There is no CA-idence at all to lead to the conckision that he was Avhat 
 is called an habitual drunkard. The man drank more than Avas good 
 for him. I daresay it Avas from a feeling of Ioav spirits Avhich he 
 laboured under sometimes, and Avhich led him to take wine or spirits 
 as a means of giA^ing him a more comfortable feeling about life ; and 
 it is possible he may, on a fcAv occasions, have taken enough to make 
 the effect of di'ink perceptible ; but I cannot persuade myself the man 
 Avas at all an habitual drvmkard. He liA^ed AAith the officers of his 
 regiment, Avhere Ave ha\'e no reason to believe drunkenness prevailed ; 
 and one or two of them, Avhen asked the question, denied altogether 
 that they ever saw him drunk, or that he was given to drunkenness. 
 Captain Cunliffe did say, that at one time of his life, in Ireland, 
 Roger soaked his brain, and used to get into a state in Avhich it Avas 
 doubtful Avhether he Avas perfectly master of himself or not. But Ave 
 find him Avriting to say he had left off those habits and was doing his 
 best to reform. And I cannot help thinking that Lady Doughty, 
 in her later accusations against him, AA^ien he Avas at Canterbury, 
 Avhen she Avrites to him, that she has heard reports — Avhich, by the Avay, 
 lie indignantly denies — Avas rather hard and vmjvist towards him, and 
 that, although he might have still indulged a little too much, he Avas 
 not, at that time, committing th,e excesses or drinking to the extent 
 he did at a former period. 
 
 But the main importance of this part of the question is not 
 so much to determine whether or not Lady Doughty Avas justi- 
 fied in opposing his union with her daughter, as Avith a a^cav to 
 consider whether the contention of the learned counsel for the 
 defendant is well founded AA^hen he says that Roger Tichborne, by 
 his excesses in diink, had brought his mind into such a state as that 
 his faculties had Isecome impaired, and his memory seriously affected.
 
 ( 278 ) 
 
 By-and-by we sliall find (and this is why it becomes material to 
 consider this) indications of total want of knowledge on the part of 
 the defendant of important parts of Roger Tichborne's life. This 
 the defence seeks to ascribe to want of memory. Says the learned 
 counsel, this Avant of knowledge is to be accomited for from the fact 
 of his mental faculties having become impaired, and his memory 
 damaged, by the long continued excesses in which he indulged. In 
 order to appreciate the merit of that argument, it becomes necessary 
 to satisfy oneself upon the question of whether Roger Tichborne was 
 a man who was in the habit of indidging in the sottish enjoyment of 
 the brandy bottle or of wine, so as to damage or impair his mental 
 faculties. The matter is therefore one Avhich, in all probability, you 
 will think worthy of your consideration, and you will judge whether 
 there is any evidence before you from which you can draw the con- 
 clusion which the learned counsel asks you to draw. 
 
 So much for the history and character of Roger Tichborne, of 
 whom, for the present, we now take leave. We shall see him reap- 
 pear, if he does reappear, in a new form, certainly essentially unlike 
 the Roger Tichborne whom Ave have thus far known. The " Bella " 
 went down, her long-boat was found bottom upwards, with portions 
 of Avreck floating about, her other boats disappeared, and nothing 
 was seen of them. Weeks, months, years pass, and there come no 
 tidings, no voice either from the sea or from the shore, to lead any 
 one to believe that any of the persons who had been on board the 
 vessel had survived her wreck. After a time, of course, although 
 people hoped almost against hope, hope became extinguished, and 
 there Avas nothing for it but to submit with resignation, on the part 
 of those who Avere interested in the fate of those who had been on 
 board of the " Bella," to the catastrophe of which no one could doubt. 
 The wives of the men avIio had formed her crcAv looked on themselves 
 as AvidoAvs, and on their children as fatherless. The OAvners settled 
 with the surviving relations of the crcAv, on the assumption that they 
 were dead. OAvners of ship and cargo claimed on their insurance, 
 and the insurers paid. Everything A\'as done as though the " Bella " 
 had perished, and Avith her all those Avho had been on board of her. 
 In July, 1854, fifteen months after thcAvreck, the executors of Roger 
 Tichborne's will produced and proved it ; and as their conduct has 
 been reflected upon by the defendant, I am bound to say they had no 
 alternative but to do as they did. You must act in the business and 
 aflairs of human life on certain Avell-established presumptions. If a 
 ship is knoAvn to have gone down at sea, and nothing is heard of 
 any body Avho Avas on board of her for fifteen months, Avitli the 
 facilities which now exist for communication in all parts of the world, 
 you necessarily presume that those who were on board of her have 
 perished. If it so happens that one of those who Avere on board of
 
 ( 279 ) 
 
 lier lias left a will, it is the duty of the cxecvitors to come forward, 
 and, acting on sucli a presumption, to deal with the will as though 
 the testator was dead. And in this case the most serious conse- 
 quences might have residted if that will had not been produced, and, 
 upon its production, proved. If Roger Tichborne had died intestate, 
 his reversion in the Doughty estates would of course have gone to 
 his heir-at-law. What if the heir-at-law had dealt with that rever- 
 sion as he w^ould have been entitled to do. He might have borrowed 
 money on it ; he might have disposed of it by deed ; he might have 
 disposed of it by Avill. What a state of confusion Avould have arisen 
 if anything of this sort had been done on the assumption that Roger 
 Tichborne had died intestate, when the executors had got in their 
 drawer a will disposing of his reversionary interest. It was, there- 
 fore, their bounden duty to come forward as soon as the time had 
 passed from Avhicli it could reasonably be inferred that Roger Tich- 
 borne had perished, and to produce the w^ill and prove it. Besides 
 wdiich, not only as regards the interest and expectations of the living, 
 but as regards the duty to the dead, it is incumbent on the living 
 executor to take care that the intention of the testator, who has com- 
 mitted his wdll to be executed by him as a sacred trust, shall be, Avheu 
 the proper time arrives, carried into effect. So far from Mr. Gosford 
 and Mr. Slaughter being to blame for having proved the will, so as 
 to secure that its provisions should be carried into effect, they would 
 have been singularly and sadly wanting in their duty if they had done 
 otherwise than they did. Therefore the charges made by the. defend- 
 ant against Mr. Gosford in this respect are perfectly groundless, as 
 must be manifest to any man of connnon sense. It is quite clear 
 the executors could do no other than they did, which was, to prove 
 the wdll when the time had come, which at the end of fifteen months, 
 beyond all doubt, had come. 
 
 Well ; everybody supposed Roger Tichborne to be droAvned, with 
 the single exception of Lady Tichborne, who still clung with a species 
 of desperate tenacity to the fond and apparently groundless hope, as 
 everybody thought it, that her son still lived. The father and 
 mother put on mourning, but she who would have mourned bitterly 
 for Roger in her heart if she thought he had perished, believed and 
 clung to the hope that he still lived. Nobody else entertained 
 that apparently delusive hope. The father, with a man's strong- 
 sense and firmness, seeing no circumstances that could lead him to 
 doubt his son's death, was firmly persuaded of it. Everybody else 
 except the mother entertained the same view. Time passed on ; 
 Alfred Tichborne, the brother, grew up to man's estate ; he became 
 of age ; he desired to settle ; he was the acknowledged heir of Tich- 
 borne and Doughty ; his position was a highly distinguished and 
 advantageous one in a social point of view, and he Avas therefore 
 entitled to look for a matrimonial union with some lady of equal
 
 ( 280 ) 
 
 rank and station with himself, and he sued for and obtained the hand 
 of the daughter of a nobleman of ancient and distinguished lineage, 
 Lord Arundell of Wardour, and married her — she naturally sup- 
 posing that she was the wife of the real undoubted heir of the Tich- 
 bornc property — and so things remained. 
 
 On the 11th of June, 1862, Sir James Francis Tichborne, the 
 father of Roger, died at the good ripe age of 78 ; and, on the suppo- 
 sition that Roger was long since dead, was succeeded by his younger 
 son, Alfred ; and so things continued, and nobody dreamt that Roger 
 Tichborne still survived in any quarter of the earth, however remote ; 
 when on a sudden, towards the end of 1866, there came a report, a 
 startling report, that Roger Tichborne had reappeared ; that fi'om 
 some nook in Australia a man had come forward, saying he was the 
 long lost Roger Tichborne. People could hardly believe their eyes 
 or their ears when they read or heard this surprising announcement. 
 However, time wore on, and that Avhich at first sounded like a 
 romance or a dream, gradually assumed the character of reality. At 
 last the defendant (the claimant, as we were then in the habit of 
 calling him) made his appearance ; and then, to the astonishment of 
 everyone concerned, there appeared, not the lean, slim, spare Roger, 
 but a man of prodigious bulk ; not the Frenchman who spoke French 
 by preference, and English only imperfectly and Avith a French 
 accent, but a man who could not speak a single word of French, who 
 had totally lost the French accent in speaking English, Avho no 
 longer spoke English Avitli a recourse to French idiom, but a man 
 who spoke simple, unalloyed, vernacular English, certainly not the 
 English of persons of the highest order or of a refined education, but 
 still simple, vulgar, vernacular English. Then, to the still greater 
 astonishment of those who had been related to, or intimately con- 
 nected Avith, Roger Tichborne, the defendant, instead of hastening 
 to seek them, kept himself aloof, moved about more or less stealthily, 
 and in concealment, and seemed to shun and avoid all those avIio 
 Avould be best able to recognise Roger Tichborne in him if he Avere 
 Roger Tichborne, or Avho would be best able to judge of his being 
 an impostor if in point of fact he was so. 
 
 It may be that all this was capable of explanation, that it has been 
 explained, that the explanations Avhich the defendant has given are 
 satisfactory. That is for you to judge of; but undoubtedly his first 
 covu'se of conduct on his arrival in this country Avas not calculated to 
 remove the distrust Avhich his appearance and the past circumstances 
 of his life in Australia so far as these Avere knoAvn, Avere calculated 
 to engender ; so that he did not meet with the recognition which he 
 had hoped for either on the part of the Tichborne family or on that 
 of the Seymour family. People Avaited, however, to hear what 
 accoimt he would give of his past life, and of his reasons for having 
 remained so long in silence and obscurity in Australia ; but it was
 
 ( 281 ) 
 
 not for some time that all the circumstances were known. It was 
 known that he had been in humble circumstances in Australia ; it 
 was known that he had gone under a feigned name there (that soon 
 got about) ; but nobody knew the exact circumstances of the life he 
 had lived there ; still less did anybody know exactly how it was that 
 he had escaped from the shipwreck at the time the " Bella" went 
 down ; and upon these points those who Avere interested in knowing 
 whether he was Roger Tichborne or not were naturally desirous of 
 learning the details. Nothing was, however, known for some months ; 
 if it was communicated at all it was only to those who were imme- 
 diately in his confidence. As regards the public at large, as regards 
 those who might be considered to be interested in the question of his 
 identity, all those facts remained for a long time unknoAvn. The 
 very first question you would suppose the defendant Avould have been 
 desirous of explaining, and which every one was desirous of knowing, 
 was, hoAV did it happen that the " Bella " foimdered ? one of her boats 
 having been found bottom upwards, and no human soul connected with 
 her having been heard of fi'om that time, hoAv was it that he had es- 
 caped ? by Avhat miracle, by Avhat inteq^osition of Providence had he 
 been saved from a disaster which appeared to have involved every one 
 on board ? Those Avho first accepted the defendant as Roger Tichborne 
 do not appear to have been curious to inquire into these details — to 
 which I should have thought inquiry Avould liaA^e been immediately di- 
 rected. Nor do they seem to haA'e been anxious to know Avhat were the 
 phases and the various forms of the life which he had led in Australia. 
 Months passed on, and at last the time came when it was necessary 
 that these details should be given by the defendant. It Avas optional 
 with him to have given them to those who were most concerned in 
 his identity, but he had a perfect right to say I bide my time ; if 
 you do not believe in me let it alone ; I Avill make good my position 
 hereafter, and Avhen I have disclosed all the facts you AA'iU see that 
 my narrative is the naiTative of truth. He had a perfect right to 
 take this course, and he did so. Whether a man confident in the 
 truth and justice of his claim would haA^e done so I do not noAv stop 
 to inquire. But the time came Avhen it Avas necessary to go into 
 these details. He had come over to England Avith the intention of 
 claiming the estates, to Avhich as the heir of the Tichborne family he 
 Avould be entitled. In order to get rid of certain technicalities Avhich 
 Avould have stood in his Avay in bringing an action of ejectment to 
 recover the property, he was obliged to ha\'e recourse to the assistance 
 of the Court of Chancery ; and his advisers perfectly Avell kneAv that 
 after an absence and a silence of twelve long years it Avould have been 
 in vain for a man, Avho Avas not acknoAvledged by his family, to come 
 forAvard to ask for the assistance of that court, unless he gave a frill 
 account of himself during the time he had thus remained absent and
 
 ( 282 ) 
 
 silent ; and it was therefore necessary for the defendant to make an 
 affidavit, and in that affidavit to give an account of his escape from 
 the shipwreck and of his landing in Australia and of the life he had 
 led there. 
 
 Now the details thus given I wall endeavour to place succinctly 
 before you, and I will do it not merely with reference to the affidavit 
 filed by the defendant, but also Avith reference to his examination 
 viva voce, first under the direction of the Court of Chancery Avith 
 a view to the proceedings pending in that court, an examination had 
 before a gentleman of the name of ilou]:)ell, appointed by the court 
 to take it ; and more especially his examination on the trial in the 
 Court of Common Pleas — the examination in chief, the cross- 
 exammation, and re-examination afterAvards. Not that at the pre- 
 sent moment I purpose to put the various statements made by the 
 defendant in juxtaposition, and point out, as I shall have to do one 
 of these days, the discrepancies that occur in them. I am going 
 in the main to take his account as he last gave it, as that may be 
 considered to be the statement by which he would desire to abide ; 
 and having placed his own statement before you, without entering 
 into any matters of contradiction, I propose to take it and analyse 
 it, and see Avhat it comes to, and what degree of credit it is entitled 
 to irrespective of all considerations in the way of evidence given, or 
 contradiction offered, which would be calculated to detract from its 
 credibility. 
 
 NoAv his statement is this — I Avent on board the " Bella," and Avhen 
 I went on board I was in a state of intoxication : for tAvo days I had 
 been in a state of di'imkenness, lying in one of the hotels, AA'here they 
 had a difficulty in finding me. In that condition I went on board. 
 I Avas put aAvay in one of the cabins Avhich Avas used as a store room. 
 There I got more drink, and remained drinking for three days and 
 three niglits, off and on, ahvays more or less in a state of intoxication 
 and unable to go on deck; but on the morning of the fourth day, 
 having partially recovered from intoxication, I Avcnt on deck. It 
 was about 10 o'clock in the morning : the night had been rough ; but 
 it was a fine morning, and the sea Avas smooth : I AA^as leaning on the 
 companion ; the captain Avas on deck standing on the after part of 
 the ship, and Avhile I Avas so standing looking out from the com- 
 panion, one of the crcAv — (on one occasion he says a mate, on 
 another occasion a seaman, but I mention that only as a minor 
 difference) — came up to the captain and told him the ship was very 
 low in the Avatcr and he thought something must have happened. 
 On this the captain, not having before observed that the ship was so 
 loAV in the water, although he Avas on deck, immediately ordered 
 the Avcll to be sounded, Avlien it was found there Avere 12 feet 
 of Avatcr in the hold. I may observe that the vessel was a ship of
 
 ( 283 ) 
 
 300 or 400 tons: her hold was of the depth of 14 or 15 feet at 
 the ovitside, and 12 feet of water in the hold would beyond doubt 
 have brought the ship into the condition the defendant speaks 
 of; namely, that she must have been so deep in the water as to 
 be in immediate danger of sinking. To continue : The captain, 
 who had not seen this before, having ordered the well to be 
 sounded, it was found that the ship was in this state. Thereupon 
 he desires them to go to work at the pumps, but after five minutes' 
 pumping it was found that instead of the pumps gaining on the water 
 the water was gaining on the pumps, so the captain gave up all hope 
 of saving the ship and ordered the boats to be immediately lowered. 
 There were three boats, a long boat on the deck of the ship, and two 
 boats sluns: on the davits at the sides. One of those boats had met 
 Avith an accident, had a hole in it, and was useless ; the other boat 
 was ordered to be lowered from the davits, while the long boat was 
 lowered in the way such a boat is usually loAvered. Then provision 
 is made for those who are to betake themselves to the boats. The 
 captain takes with him, in the long boat, the compasses, charts, and 
 ship's papers ; besides which provisions — namely biscuits, and a 
 quantity of preserved meat are put in the long boat, and Avith them 
 the water, which is a matter of al)solute necessity for the preservation 
 of life — all, instead of being divided between the two boats — is put in 
 the long boat. 
 
 Then came the question, who should go in the long boat and who 
 should go in the other boat in which no provisions or water was put. 
 The captain betakes himself to the long boat and takes the command 
 of her, directing the mate to take charge of the second boat. " No," 
 says the mate, " I Avill do no such thing ; I am not going in the boat 
 that is not to have provisions and Avater in her. I mean to go Avith 
 you in the long boat," The defendant tells us " they had Avords." 
 No AA'onder, the mate refusing to obey the captain's orders ! But it 
 ends in the mate having his OAvn way, and he goes Avitli the ca})tain, 
 so there is no officer to take charge of the second boat. But jvist as 
 the second boat is putting off, one of the men, Avho I suppose was to 
 go Avitli her, throAvs in a bag of biscuits, but unfortunately these 
 biscuits got some sea Avater over them and they were spoilt. 
 
 But Avhat became of Roger? He docs not, according to the 
 defendant, express any desire to go Avith the captain in the long boat, 
 but got into the second boat, the smaller boat. They had no provi- 
 sions and no water, but Avere directed by the captain to folloAv the 
 other boat, and to come up to it from time to time to obtain provisions 
 and Avater. All these preparations occupied about an hour. Scarcely 
 had they put off in the boats when the ship Avent doAvn in their sight. 
 The defendant goes on to say that durmg that day and the folloAving 
 night, and the next day and next night, 48 hours, they followed,
 
 ( 284 ) 
 
 according to the directions they had received, the course of the long 
 boat in which the captain Avas, and got their food and water morning 
 and night by pulling up alongside of that boat. Neither boat appears 
 to have had mast or sail, and they had to trust entirely to their oars. 
 In the course of the second night from the time they had got on 
 board the boats, it came on to blow, the sea became rough, and it 
 was dark. They lose sight of the larger boat, and when dawn or 
 morning came it was no longer to be seen. What had become of 
 her, Avhether she had gone down in the rough Aveather during the 
 night, or whether the force of the wind and waves had driven her 
 to a distance, we are not told. They never saw her more. Then 
 the Avhole of the next day, the third day, and that night, the third 
 night, they are without water, they are Avithout food, except so far as 
 those soaked biscuits furnished them Avith it. On the morning of the 
 fourth day they descry a sail in the distance. This, of course, would 
 rencAv life, and they immediately pull to the best of their ability in 
 the direction of the ship, but they are disappointed in OA-ertaking her. 
 Now and then the Avind lulls and they gain on the ship ; then a breeze 
 springs up and she appears to sail aAvay in the distance, leaving them 
 baffled in their hope of overtaking her. At last on one of the occa- 
 sions on which they approached someAA'hat nearer to her, it occurs to 
 one of the sailors to take off a red shirt he Avas Avearing, to stick it 
 on one of the oars and hold it up as a signal of distress. Then they 
 are seen by the ship, a signal is made that they are seen, and the 
 vessel stands on the tack which would bring her toAvards them, and 
 after a time comes and picks them up. 
 
 Then, says the defendant, having been three days and three nights 
 in an open boat, and having been exposed to the scorching rays of the 
 sun, I was so exhausted and ill, that by the time Ave were picked up 
 by the saAang vessel I had become insensible, and in that condition I 
 was taken on board, and I remained in that state for some time ; nay, 
 more, it AA'as not merely that I Avas insensible, I became delirious, and 
 for a long time I was subject to fits of delirium ; not that I Avas ahvays 
 in that condition ; sometimes I Avas well enough to dine at the cap- 
 tain's table ; at other times I Avas unable to leave my berth. I Avas 
 treated with all possible kindness ; I had such medicine given me as 
 the captain's resources would afford, and he did all he could in the 
 way of hospitality, affording me Avhatever he had at his oaaii table, 
 giA^ng me Avine or whatever I Avanted. But I was during the greater 
 part of the time in such a state of illness and occasional delirium that 
 I could not take part in Avhat was going on so as to enable me to give 
 you an accoimt of what happened on board, or to say for certain AAdiat 
 Avas the name of the captain, or of the ship, or the port to Avhich she 
 belonged. 
 
 For, these, you see, are the particidars as to Avhich persons Avoidd ask
 
 { 285 ) 
 
 for information. Tliey would say — "You say you were in a condition 
 at sea in which death appeared impending and inevitable ; you Avere 
 picked up by a vessel when hope must have disappeared; you re- 
 ceived every kindness which could have been offered to you on board 
 that vessel, according to your account ; at the same time your story 
 is a strange one, and therefore we ask you, with a view of ascertaining 
 whether the story is true, Avhat was the name of the ship, what was 
 her nationality, where she came fi'om ? — I cannot tell you. I am not 
 aware what was the name of the ship. I believe, but I am not sure, 
 my impression is, that her name was the ' Osprey.' Cannot you tell 
 us where she came from ? — I cannot. Can you tell us the name of her 
 captain ? — I think it was Owen Lewis, or Lewis Owen. Are you not 
 sure ? — No. Well, but how do you account for that ? Is it possible a 
 man can have been saved from impending death, and after having been 
 three months on board the vessel which saved him, be imable to tell 
 when asked what the vessel was and where she came from ? He accoimts 
 for that in a manner which may be more or less reasonable. He says, 
 I was ill, and so ill that I could not ascertain these particulars. I 
 w^as well enough, it is true, to tell my own name. I told them who I 
 was : that I was an English gentleman, and that my name was Roger 
 Tichborne : and I was treated as a young English gentleman would 
 be treated. I can tell you this about the ship : she was larger than 
 the ' Bella ;' she Avas a ship, ship-rigged, by which I mean a vessel 
 that had square yards on all her masts, which is what constitutes a 
 ship." So far he was enabled to observe and can afford us informa- 
 tion ; but he knew not Avhere the ship came fi-om, nor can he state 
 Avith certainty Avhat her name AA^as, or the name of the captain. 
 
 When the vessel arrives at Hobson's Bay, the port of INIelbourne, 
 Avhich Avas her destination, he goes on shore Avith the captain and 
 goes to Melbourne. He accompanies the captain to an establishment 
 AA'hich he believes Avas the Custom House, Avhere it would be the duty 
 and the business of the captain in the first instance to go, and having 
 gone Avith the captain to the establishment Avhich he believes to have 
 been the Custom House, the captain takes him to another place at 
 Avhich he sought to obtain for him a passage to England, if a passage 
 could be obtained. Of course the natural thing would be, if a man 
 intending to go to New York had been cast aAvay at sea Avith nothing 
 but Avhat he stood up in, and had then been picked up by a vessel Avhich 
 took him in the very opposite direction from that in Avhich he intended 
 to go, that, finding himself unexpectedly on an unknoAvn shore, Avliere 
 he had no resources, Avhere he had no means, and AA^here he had no 
 desire to stay, he Avould wish to get back home as soon as he could. 
 Accordingly the captain inquires if there is a passage home to be had. 
 The ansAA^er is "no." Melbourne is said to have been at that time in 
 a state of disorder from the raging gold fever. The ships could not
 
 ( 286 ) 
 
 get crcAvs (the men deserting to the gold fields) to navigate them back 
 to the places whence they came, and regular intercourse with England 
 was suspended. The defendant tells us that the consequence was 
 that he w^ent back with the captain to the ship, and slept ou board. 
 The next day he again Avent on sliore Avith the captain ; and then, 
 wandering about Melbourne, he finds himself in a yard where a sale 
 of horses by auction Avas being held. Some horses are exhibited, and 
 one of them is a horse that Avas bucking about the place. A stranger 
 says to him. Do you think you could ride that horse ? — Yes, I am sure 
 I could. — You must be a A^ery good rider then? A conversation 
 ensues, and then the stranger says — If you can ride like that I can find 
 you employment. I Avant a stock keeper at a cattle station some 300 
 miles in the interior of the country. Have you a mind to go ? — 305. 
 a Aveek ; not an unpleasant employment ; an easy life, only looking 
 after cattle in the runs ; bringing them in ; occasionally slaughtering 
 them ; and besides that, if you are fond of sport, there are oppor- 
 tunities for sport in the Avay of hunting and shooting. So, says the 
 defendant, I accepted the offer. I did not even go back to take IcaA^e 
 of the captain, but I folloAved the stranger to his hotel. I left the 
 captain in utter ignorance of Avliat had become of me. I went Avith 
 the stranger, Avho afterAvards turned out to be a Mr. William Foster, 
 the manager and superintendent of tAvo cattle stations at Boisdale and 
 Dargo, belonging to his uncle, John Foster. I went with him to 
 his hotel, I stayed there that night, and the next morning at daybreak 
 Ave started off on horseback to do the journey to Boisdale, AA-here 
 I Avas to be employed. I had arrived at Melbourne on the 24th of 
 July, or at all events a day or tAvo from that time, one way or the other. 
 I started Avith Foster on the morning of the third day after I arrived ; 
 I went Avith him straight to Boisdale ; I stayed at Boisdale in his 
 employment as a stock keeper at 305. a week for 18 months : he then 
 transferred me to the other station at Dargo ; there I stayed 19 months, 
 having my wages raised from 305. a Aveek to 405. I stopped there 
 19 months, and then, a man having been murdered, I Avould not stay 
 by myself at this lonely station any longer. I Avent back to Boisdale 
 and remained there three or four months, and then I finally left. 
 When I left Boisdale and the employment of Mr. Foster I took to 
 horse breaking and horse dealing. I Avent about the coimtry pick- 
 ing up young horses and breaking them and selling them. I did 
 pretty avcII at that. I got tired of it hoAvever, and then I took to 
 butchering. After that I cannot exactly tell you AA'liat I did; I Avas 
 loafing about for 12 months, first at one place and then at another. 
 Afler knocking about the country I got to a place called Tumut; 
 there I set up a butcher's shop, but for Avant of capital I could not 
 go on, and at the end of seven months I failed and had to give 
 that up. Then I Avent to Wagga-Wagga, but before I finally settled
 
 ( 287 ) 
 
 there I took tlie employment of riding the mail between two places 
 called Boree and Narrandra, a distance of some 70 odd miles, an 
 employment in which I continued for several months. 
 
 Then I went to Wagga-Wagga and there I finally settled. I 
 entered into the employment of a Mr. Iliggins, who kept an hotel 
 there and had also a butchering establishment, and I became the 
 foreman at the latter at weekly wages. I continued with him for 
 some time, and then I thought I would set up for myself. I did set 
 up for myself, and from the same cause which had prevented my 
 success before, I again failed, and failing I Avas for a man in my 
 position considerably in debt, so much so that I desired to have re- 
 course to the Insolvent Court. I was pressed by creditors, and I 
 had to give up my business and come back again to my Avork of 
 joiu'neyman to ]\Ir. Higgins, and it ended, in the result, in my being 
 in debt, poverty, and distress, more especially when I mamed, which 
 I did, at the beginning of the year 1865. Thus I remained imtil 
 the fact of my being Roger Tichboiiic Avas discoA^ered in a singular 
 manner by a person of the name of Gibbes, an attorney, caiTying on 
 business at Wagga-Wagga. lie found me out, he drew me forth 
 from the obscurity in Avhich I AA^as living; he impelled, or rather 
 compelled, me to come forward as Roger Tichbome, and here I am. 
 
 NoAA^, gentlemen, it is impossible, I think, not to see that this 
 account given by the defendant, Avhether it be true, or Avhether it be 
 false, labours under inherent difficulties of a most formidable cha- 
 racter. I pass by for the moment all the difficulties Avhich attach to 
 the narrative of the shipAvreck, the foundering of the " Bella," the 
 taking to the boats, and his being saved by a vessel Avhich he says 
 he believes to have been the " Osprey." I take simply that part of 
 the narratiA^e AA'hich supposes him landed in Australia, from the time 
 of his arrival there till he leaves. In the first place, is it conceivable 
 that Roger Tichborne Avould have remained tAvelve years without 
 Avriting home? Judging of the man by all Ave knoAV of him, is 
 there any one Avho could have said, reasoning from his antecedents, 
 that Roger Tichborne Avould have alloAved father, mother, and friends 
 to remain in perpetual perplexity and ignorance of his fate ? Would 
 you not have expected that, long before the ship cast anchor in Hob- 
 son's Bay, he Avould have seized pen, ink, and paper, and put doAvn, 
 just as he did Avlien travelling in South America, the incidents of his 
 A^oyage, especially the fact of his almost miraculous escajse ; or if he 
 had not done that during the progress of the voyage, would you not, 
 at all events, have expected that, as soon as the vessel was anchored 
 in Hobson's Bay, he would have taken pen, ink, and paper to Avrite 
 and relieve the misery and anguish, Avhich he must have been per- 
 fectly Avell aAvare Avould be existing in the minds of his father, 
 mother and relations as to AA-hat had become of him ? He Avould be.
 
 ( 288 ) 
 
 of course, perfectly well aware that the " Bella " had gone down ; he 
 would be wholly uncertaui what had become of the people in the 
 other boat ; and even if they had survived to write home, and say 
 that those on board the " Bella " had not gone down with her, but had 
 had time to betake themselves to their boats, still that would have 
 left it quite uncertain whether those in the second boat, in w^hich the 
 defendant says he was, had survived or not. Therefore, if no tidings 
 came fi'om him, it would be assumed he was dead. But assumed to 
 be dead after how much poignant miseiy ; after how much agony, 
 how much of " the hope deferred which makes the heart sick." 
 Could Roger Tichborne have failed to reflect that every morning 
 when the postman's knock or ring was heard, father or mother 
 Avould rush to the door to see if there Avere any tidings of him. 
 Every time they took up a news]3aper, they would refer to the ship- 
 ping intelligence to see if there was any mention of the " Bella." It 
 is difficult to believe he could have been insensible to these things ; 
 besides, he must have known perfectly well that every day's delay 
 (although it might tend to put an end to their suspense and make 
 them resign themselves to the prospect of his fate), would still make 
 the assurance of his death stronger and stronger : every day he 
 delayed was so much added to the anguish and misery of his parents. 
 Is it possible that Roger Tichborne would not have written home a 
 few lines to say, the " Bella " is gone down ; you have probably heard 
 of her wreck, but do not be alarmed about me ; I am safe ; I am 
 in Melbourne. If he had written only that much it would have pvit 
 an end to this most painful state of suspense and sorrow. He goes 
 on shore the first day and then goes back to his ship ; he has an 
 opportunity of writing but does not write ; he goes on shore next 
 day and makes up his mind to go to Boisdale ; he goes to an hotel, 
 he spends the afternoon, the evening, the night, there ; plenty of 
 opportunity before he left Melbourne on the long journey into the 
 interior, to take pen and ink and sit down and write. But he does 
 not : he goes aAvay, he goes into the interior, stays there for months, 
 for years, never wi'ites a line ; he goes further on in his wanderings, 
 in his migrations in that country, but never does it occur to him to 
 write a single line to put an end to the suspense and misery he must 
 have known his parents were undergoing on his account. 
 
 It is true there are men who . are perfectly callous and indifferent 
 to the suffering of others ; men who consult only their OAvn interest, 
 their own convenience, their own ease, and who as long as these are 
 satisfied are reckless and indiflferent as to what others may have 
 to suffer. We have an instance in this very case. Arthur Orton is 
 an instance of a man Avho was perfectly indifferent as to whether his 
 father, mother, brothers and sisters, thought him living or dead. We 
 know that fi'om June 1854 until 18G6 no tidings of their son had
 
 ( 289 ) 
 
 come to gladden tlie hearts of tlie old people at Wapping. The 
 mother went to her grave, she was followed by her husband, and they 
 both died in total ignorance of Avhat had become of Arthur. But 
 was that like Roger Tichbornc, the incessant letter-writer, so greedy 
 of news ? Surely not. AVhat was the final intention of Roger as to 
 future communication with his family when he went on board the 
 ' Bella'? You see how the question now becomes one of importance. 
 Did Roger Tichborne when he Avent on board the ' Bella' intend to cut 
 off all communication with his family, relations, confidential fi-iends ? 
 The answer is — certainly not. There is not a single letter in which he 
 does not say. Write to me by return ; write to me at such a place ; 
 take care your letter is there by such a time in order that I may not 
 miss it ; don't send it to this place because it will not be in time : 
 send it to that ; Avrite by return of post in order that I may be sure 
 to get it. To every person to whom he Avrites he addresses the same 
 earnest entreaty for further correspondence. Would he, do you 
 think, be so changed by finding himself at Melbourne, instead of 
 being carried to his intended destination, that he would drop all 
 correspondence, all communication with the persons to whom, two or 
 three months before, he had been constantly writing, and entreating 
 them to write to him in return ? Roger Tichborne's letters show 
 that he eagerly desired to know what was going on in England in 
 regard to his different relations. What was there in finding himself 
 in Australia which would change his feelings on that subject ? He 
 tells his mother in his letter to her, he intends to write to her from 
 all the principal places at which he shall touch. What is there to 
 alter his feelings towards his mother, or towards anybody else — to 
 induce him to remain perfectly silent and treat everybody — father, 
 mother, all his relations — with complete and lasting indifference ? 
 
 It may be said he was too ill to write during the time he was on 
 board the saving ship. It may have been so during part of the 
 time. But the defendant himself does not say that throughout 
 the latter part of that time he was not in a condition to write 
 — such a statement, had it been made, would have been utterly 
 absurd. He was well enough to go on shore with the captain 
 the first day and go up the river to Melbourne ; he went and 
 came back again. The next day, the second day, he goes to Mel- 
 bourne again ; goes to an hotel, spends the night, and starts in the 
 morning for a journey of more than 300 miles on horseback ; he 
 immediately enters upon the laborious employment of stock driving, 
 slaughtering, and the like, and remains for months in that employ- 
 ment. It is impossible to say of a man capable of exertion of that 
 sort, that he was not in a condition to sit down and write a few 
 lines to say he was saved from shipAvi-eck and death. It Avould be 
 still more idle to say that as time went on, his health was not suffi- 
 
 u
 
 ( 290 ) 
 
 cieutlj good to enable liim to write. Wliy then did lie not Avrite ? 
 can any reason be assigned? lias any reason been assigned in any 
 way to explain the fact of his not doing so ? It was, indeed, 
 attempted to be said that he had had some quarrel with his father. 
 I shall call your attention to that part of the evidence by-and-by, 
 but it is quite clear it is a mere idle pretence. There had, it is true, 
 been a dispute about Upton ; the father had written to Roger about 
 Upton, and he had written back a cross letter, but after that their 
 relations appear to have been as hajjpy as before. I observed to you 
 that in the last four months of his remaining in England, he went no 
 less than three times to Paris to see his father and mother. It 
 would be therefore untrue to say there Avas any quan-el or dis- 
 pute which Avould account for his not \ATiting home. His learned 
 Counsel, I remember, in examining him in chief, asked the question 
 whether he had not had a cross letter from his father at liio : he 
 said, " yes, he had had a cross letter from his father at Rio ; that his 
 father complained of his spending so much money." But he spent 
 no more money than he was entitled to ; he had his OAvn income 
 of 1,000/. a-year, and if he chose to spend that there was no reason 
 to find fault with him ; so that I don't see why his father should 
 write him a cross letter on the subject of the money he was spending. 
 But suppose such a letter had been Avi-itten, is there anything in a 
 father Avriting a cross letter which would induce a son to withhold from 
 father and mother the knowledge of his safety, when he must have 
 known they were mourning and lamenting over the belief of his death ? 
 But the defendant gives another reason ; he says: "I went away in a 
 hurry, and when I got to Boisdale I was incessantly occupied ; I was 
 in the saddle from morning to night, and there is not the same con- 
 venience in the Bush that there is in a more civilized country." The 
 answer to that is obvious: a man can always find time, however 
 much he- may be occupied, to write a few lines on a matter of 
 such \dtal importance to those to whom he ought to Avrite as the 
 knowledge of his being preserved and being alive. What son would 
 have failed to sit down for half-an-hour, and write ? That there are 
 pen, ink and paper at the stations in Australia, Ave know perfectly 
 well. To use the Virgilian expression, " the sun does not yoke his 
 horses to his chariot " so far from the Australian Avorld, as that the 
 latter shoidd not in some degree enjoy the advantages conferred by 
 postal communication. Is it common sense to suppose that a man 
 coidd not have Avritten a fcAv lines to say he was safe and well, and 
 send that off by post to England ? or that it Avould not have reached 
 its destination ? 
 
 But there is another reason Avhich he giA^es, which may seem at 
 first sight more satisfactory : he says, " I Avas about to undergo a 
 species of social degradation : heir to a title and a large fortune.
 
 ( 291 ) 
 
 I was about to accept a menial, or, at all events, a servile employ- 
 ment. I did not want people at home to know it." I quite feel the 
 force of that argument, and if the defendant had been compelled to 
 accept that servile employment as imavoidable, I can understand 
 that pride might have made him wish to keep the thing secret. It 
 would still have been a false pride : for, if a man is assailed by 
 fortune, there is no form of employment, however lowly, if it is 
 honest, of Avhich he need be ashamed. Nevertheless, I can quite 
 understand that a man knowinor that his friends Avould be shocked at 
 the idea of his submitting to this species of social degradation, might 
 hesitate to communicate the fact. But are Ave not here getting out 
 of one difSculty by getting into a much greater one ? Is it not like 
 a man who, endeavouring to get out of a quagmire, Avithdraws one 
 foot by pi^essing on the other, and only gets deeper in ? For Ave 
 have a still greater difficulty to deal Avith. In the name of common 
 sense, what should induce Roger Tichborne to accept employment 
 as a mounted herdsman at 30 shillings a Aveek? Had he no re- 
 sources ? AA^ere there none he could haA^e recom-se to even at Mel- 
 bourne ? It Avas not as if an adventvirer had presented himself Avho 
 had the appearance of having dropped from the clouds. I can quite 
 understand that if a man who had nobody to vouch for the truth of 
 his tale, had presented himself at an hotel and said, will you be kind 
 enough to take me in, I have been shipAvrecked and picked up in an 
 open boat — the landlord would have shaken his head and said, " I 
 have heard such a story as that before." If he had gone to a trades- 
 man and told the same tale, and had asked to be supplied Avith 
 clothes, he w^ould have been met in like manner; the tradesman 
 Avould haA'e said, " That won't do." If he had gone to another for 
 food, there AA'ould have been a similar indisposition to listen to him. 
 But Roger Tichborne Avould have had the advantage of the presence 
 of the captain of the American ship — or whatever nation she belonged 
 to — who Avould have vouched the truth of his story, and said, " I 
 picked him up in an open boat, into which he had got from the ship- 
 Avreck of an English vessel ; I picked him up as he stands, with nothing 
 but Avhat he had on him, and I have brought him here on board my 
 ship." If he had desired to go back to England the captain would 
 have procured a passage for him. If he preferred to remain at 
 ]\Ielbourne tiU he could hear from home, what hotel-keeper or inn- 
 keeper there AA'ould not have opened his house upon hearing svich a 
 story of distress, vouched for by a respectable and credible Avitness ? 
 Men are not less generous and less kindly disposed out in those 
 regions than they are here. What respectable tradesman, if he had 
 gone to him Avith his story, Avith the captain to vouch for him, would 
 have hesitated to let him have the things necessaiy for his subsist- 
 ence for the time. Even if these resources failed, there Avas the 
 
 u 2
 
 ( 292 ) 
 
 Governor to Avhom he miglit have applied. If he had gone to the 
 Governor of the colony at Melbourne and said, " I am the heir of 
 the house of Tichborne, which you as a man li\'ing in the world 
 must know the name of; I have been shipwrecked ; I was picked up 
 by a ship, I am helpless, interpose on my behalf, that I may not be 
 left destitute here, until I can communicate with my friends and get 
 the necessary resources from England," can anybody doubt that the 
 feelings of a gentleman would have been sufficient to induce the 
 Governor, as a generous-hearted man, to interpose and endeavour to 
 obtain for him the things of which he stood in need. But suppose 
 that even all this had not occurred to Roger Tichborne, or that he 
 had been too proud and independent to condescend to ask anybody 
 for assistance, and that having the opportunity of employment, rough, 
 rude, laborious, but still employment that would produce the present 
 means of subsistence, he was not ashamed of having recourse to it, 
 can one suppose that Roger Tichborne would not at the same time 
 have sat down and written to Enoland ? Even if he did not choose 
 to write to his friends and relations, he could have written to his 
 bankers. He was a man who had a thousand a year of his own, 
 independently of anybody ; so that even if he had been seized by a 
 sudden fancy for this Australian life which his counsel has depicted 
 in such glowing colours, still would it not have occurred to him that, 
 if he chose to remain out in Australia, it would be better to have his 
 own thousand a year than to be dependent upon employment pro- 
 ducing 30s. a week, and attended with arduous and severe labour? 
 Should you not have expected that if Roger Tichborne made up his 
 mind to go with Mr. William Foster to Boisdale, he would have 
 taken care to write to England, to his father, or to Mr. Gosford, and 
 have said, " I am shipwrecked, I am here at Melbourne, I am desti- 
 tute, I have accepted an employment for the moment in order that I 
 may not starve : hasten to the bankers and send a remittance that I 
 may take the earliest opportimity of coming back to England." 
 
 Even supposing that he had been attracted by the representations 
 of Mr. Foster — who he says told him it would be a very easy life and 
 that he would have plenty of sport in hunting the emu, the kangaroo, 
 and the dingo, the native dog — glorious sport, no doubt, as contrasted 
 with the tame amusement of fox-himting in Hampshire — supposing 
 that led away by these attractive representations, he had gone to 
 Boisdale, what Avould he have found the life to be when he got there ? 
 — Occupation in the saddle from morning till night — for such is his 
 own account of it — living in a wooden hut with associates such as 
 certainly Roger Tichborne had never known ; on plentiful, if you 
 please, but coarse food, cooked by one of themselves ; sleeping in this 
 hut with seven or eight companions, on beds of bark, mth no linen, 
 with no covering but coarse blankets, in an atmosphere so stifling,
 
 ( 293 ) 
 
 according to the account of one of the Avitnesses, that tlic men 
 were glad to get out of it and sleep under trees in the open air; 
 living with associates of the rudest, roughest, and coarsest class — 
 many of them very honest fellows, I daresay, but men of coarse and 
 low habits, very different from the officers, commissioned, and even 
 non-commissioned, of one of Her Majesty's regiments — is it likely 
 that Koger Tichborne would have remained in such an employment, 
 or have led such a life, a day longer than he could help ? A man 
 accustomed to all the luxuries and comforts of refined life, and among 
 them to that first of all luxuries, but Avhich becomes from habit an 
 actual necessary, the luxury of the toilet, the abundant lavations, 
 the clean shirt, everything that tends to cleanliness and neat- 
 ness, and thus to the maintenance of health and the enjoyment of 
 life. Besides which, he was a man accustomed to that Avhich really 
 becomes second nature at last, the constant attendance of a servant. 
 He had had one from the time he left Stonyhurst ; when he Avent 
 abroad, he took Moore ; when Moore could not travel Avitli him any 
 further he took the valet, who, he said, brought with him eighteen 
 years' certificates ; that man failing also, he takes another, Barraut, 
 who was to have accompanied him on his future travels, but who, for 
 some reason or other, Avhich we do not knoAV, refused to go any far- 
 ther than Rio, so that he Avas obliged to go on board without a ser- 
 vant ; but, depend upon it, he meant to take another when he got to 
 New York. Here is a man accustomed to the comforts and enjoy- 
 ments of a highly civilised and refined life, Avho suddenly finds 
 himself cast into such a kind of life as that to which I have just been 
 referring : can we suppose he would continue in it an hour longer 
 than he could help ? 
 
 No doubt if there is a necessity to submit to social degradation and 
 change of life a man must submit to it. If a man has done anything 
 to compel him to leave his country, he must do what he can in the 
 land of his exile. If misfortune has overtaken him, and he is pre- 
 cipitated from affluence to poverty, he must do the best he can. But 
 here we liaA^e a man voluntarily submitting to self-imposed exile and 
 self-imposed poverty, to privation and hardship and severe labour, 
 which he might at once, by a word, have relieved himself from. 
 When Roger Tichborne, if he was Roger Tichborne, discovered the 
 sort of life he was called upon to lead, AA'Ould you not have expected 
 that he would have said, " This is imendurable ; I must Avrite home 
 at once, and say Avhere I am ; I must obtain funds, and get out of 
 this as soon as I possibly can"? 
 
 But even supposing that he bore Avith this life during the time he 
 remained at Boisdale and Dargo, Avhat should you say as to that 
 which takes place afterwards ? He leaves the employment there and, 
 to use his OAvn phrase, goes knocking about the country. At that time
 
 ( 294 ) 
 
 the romance of the Avild life, if we can suppose it to have existed up to 
 that period, had certainly come to an end. If there was any enjoyment 
 in thus living in the forest in Austi'alia, as was put forAvard on the 
 former trial, and has again been repeated on this, it comes to an end 
 when the life at Boisdale terminates. He now takes to horse-dealing. 
 What romance is there in that? Horse-dealing? I do not know that I 
 should do him Avrong if I said occasionally horse-stealing, for there 
 seems to have been something of that kind in more than one instance. 
 Bvit, at all events, horse-breaking and horse-dealing. Then we come to 
 trades. He becomes the servant of a butcher, and afterwards sets up 
 as a butcher for himself. Now I can quite understand a man who is 
 under the necessity of finding his own means of subsistence by 
 employment, turning to some trade or business ; but then he usually 
 betakes himself to something for which his former habits may have 
 given him some predilection and aptitude. I can quite understand that 
 if Roger Tichborne was driven to have recourse to his own resources, 
 he might turn horse-dealer or horse-breaker. He had been used to 
 horses all his life ; in the regiment he must have seen many horses 
 broken, and might have acquired the knowledge of breaking horses. 
 Breaking horses and dealing in horses may be closely allied, and, 
 therefore, if Roger Tichborne determined to stay in Australia, and 
 not to have recourse to others, he might have taken to breaking and 
 selling horses ; but what on earth should inspire Roger Tichborne 
 with the notion of turning butcher ? His prior habits and calling 
 had nothing which would lead him in that direction. It may, how- 
 ever, be said that, if he was obliged to have recourse to a business or 
 trade of some sort, he might as Avell take to that of a butcher as to 
 anything else, and as they cut up meat in a rough sort of way in 
 Australia, he would very soon learn how to do it as they do it there. 
 But, according to the evidence, he does it A\dth a master hand. 
 Where he could have acquired that skill I am at a loss to conceive. 
 Moreover, however good that particular employment might be for 
 the purpose of serving him in his necessity, I cannot suppose that it 
 was so attractive to him as that for it he would give up home, friends, 
 family, and all other attractions in this, his own country. Why 
 should he go on and stay in Australia for the sake of being the 
 slaughterman of Mr. Higgins the butcher ; or of setting up in that 
 line of business himself? Besides, every one knows that in a busi- 
 ness of that sort you want capital. Roger Tichborne would have 
 known perfectly well he had nothing to do but to write to England 
 to obtain funds. He would have been entitled to them, and would 
 have received them, and then he would have been able to carry on 
 the trade, if he had any predilection for it, with advantage. He does 
 not. He will not commimicate with England. Then after a time he 
 enters on a life which, to my mind, is a most terrible obstacle in the
 
 ( 295 ) 
 
 way of supposing that this man can be Roger Ticlibornc. From all 
 we have ever heard of Roger Tichborne, up to the period of his 
 going on board the ' Bella,' though he might be a man with evil 
 propensities in the way of moral conduct, or with a tendency to 
 drink, he Avas an honest man, a ti'uthful man, an honourable man ; 
 but now you have him represented as the associate of robbers, out- 
 casts, ruffians, men of the coarsest and most brutal conduct, men who 
 do not scruple to commit murder if it is necessary for the purpose of 
 their unlaAvful trade, who do not hesitate to murder men or women — 
 the notorious bushrangers of Australia. We have Roo-er Tichborne 
 represented as consorting with these men, going about the country 
 Avith them, and, if not a party to their nefarious practices, at all 
 events the associate of men who he kncAv Avere every day violating 
 the laAv. Can Ave belicA^e this is the man against whose conduct and 
 character as regards honesty of dealing and obedience to the laAv 
 there never was a suggestion of reproach ? All this is deserving of 
 serious consideration. AfterAA^ards he settles at Wagga-Wagga, and 
 there again Ave find him having recourse to the trade of a butcher — a 
 trade with which of course Roger Tichborne can never have had 
 anything to do— submitting to reverses and failure, yet never making 
 the slightest communication AAdth home in order to obtain relief from 
 his insolvent condition, or the means, if he did intend to remain in 
 Australia, of setting up in business Avith success and satisfaction to 
 himself. 
 
 NoAv, gentlemen, you must judge for yourselves whether these con- 
 siderations do not lead you to think that the story of the defendant 
 is one which is open fi-om the outset to very grave suspicion. At 
 the same time, far be it from me to say that the facts are impossible. 
 The eccentricities of the human mind are multifarious. It is not 
 every one Avho continues in the beaten track. There are instances 
 of men Avho have done quite as strange things as the defendant, if 
 he is Roger Tichborne, must be taken to have done. But these are 
 exceptions to the rules by AA^hich hiunan experience enables us to 
 judge of human conduct. And it must not be forgotten that, Avhile 
 Ave should make due alloAvance for the possible eccentricities of the 
 human mind, it is necessary, in estimating men's conduct in the 
 affairs of life, to fi-ame for ourselves some standard by which to judge 
 of human actions, as the result of the common experience of man- 
 kind. 
 
 Now, we know Avhat are the motiA'es AA'hich generally operate upon 
 the human mind and influence men with regard to their interests in 
 life. What is it that men toil for? What is it that they strive for in 
 the race and battle of life ? For Avealth, according to their relatiA^e 
 positions and station in society : to gain it if they haAX it not ; to keep 
 it if fortune has been kind enough to enable them either to inherit it
 
 ( 296 ) 
 
 or acquire it. Position and affluence are what all men desire to 
 attain. Generally speaking, according to universal experience, men 
 do not renounce wealth to embrace poverty. No man throws away 
 affluence, and ease, and pleasure, and all the advantages, social and 
 intellectual, which those things bring Avith them, in order to embrace 
 a life of privation and toil. Such is the result of common, imiversal 
 experience. When, therefore, you find a man saying, " I, the heir 
 to a fortune, have chosen voluntarily to lead a life of exile, a life of 
 hardship and labour, a life of disrepute and vagabondage," you 
 naturally ask him what is the explanation he has to offer of conduct 
 so entirely different from that of the rest of mankind? What is the 
 answer here ? The answer the defendant gives is. It was my pleasure ; 
 I did not A^nrite home because I had employment, and I did not Avant 
 money, at least for a considerable time. I had whercAvith to buy 
 what I wanted in the Avay of clothes and food. I had enough to 
 satisfy the exigencies of nature in the shape of meat and drink, and 
 I did not Avant more. That may have been so; but is it in any 
 degree probable ? It must certainly be a strange mind Avhich for- 
 sakes all the comforts and conveniences which affluence brings — to 
 embrace such a life as the defendant represents himself as haA^ng 
 chosen. Such, hoAvever, is his statement. He did not want for 
 money : he had enough to satisfy his desires, and therefore he did 
 not choose to communicate with home. You must judge Avhether 
 you think this a rational explanation of conduct apparently so anoma- 
 lous and strange. Moreover, the statement is certainly not true as 
 regards the later part of his Australian life. 
 
 But the defendant has given other reasons for remaining in 
 Australia. First, he would have had it believed that he had had a 
 quarrel with his father ; secondly, he stated, that on leaving Europe 
 he had resolved not to return so long as his father lived. He 
 was asked before Mr. Roupell, " Had you any quarrel with your 
 father?" and his answer is, " I decline to answer that question." 
 That is the answer he made to Mr. Chapman Barber. " Plad you 
 any quarrel with your mother? — I Avill not answer that question." 
 Mr. Chapman Barber asked him, naturally enough, " What rea- 
 son had you for not Avriting to your father? Had there been any 
 quarrel between you? — Well, I think you might leaA'e that out," he 
 says. " I do not mean to leave it out. — Then I shall decline to 
 tell you Avhether there Avas or not. I request to know, and must 
 knoAv. Mr. Barber: You had better take doAvn this question and 
 answer." Then the shorthand Avriter reads his note commencing 
 with the question, " Did it not occur to you, Avhen you arrived desti- 
 tute at Melbourne, to Avrite to Sir James Tichborne?" to the Avords, 
 " I request to knoAv, and must know." Then the examiner interposes: 
 " The counsel says, he requests to knoAv, and must knoAv. Witness,
 
 ( 297 ) 
 
 will you answer the question? — No, I will not." Mr. Barber: 
 " Did it not occur to you to write to Lady Ticliborne? — It might 
 have done so. Q. Had you any quarrel with her? — I decline to 
 answer that question." When he is under cross-examination on the 
 trial, he is asked: •' Had you any quarrel with your mother? — No, 
 I had not. Q. Why, Avhen you were asked before Mr. Roupell 
 whether you had any quarrel with your mother, did you decline to 
 answer it? You say now you had not? — Very properly, I think. 
 Q. Why did you decline to answer that question before Mr. Roupell? 
 — Very properly. Q. Why? — Because there were very few sons 
 but what had a quarrel with their mother. Q. Was there any exist- 
 ing quarrel which prevented you Avriting to her? — No, certainly not: 
 It was never put to me in that way. Q. You declined to answer, 
 and it was put in that way: Did it not occur to you to write 
 to Lady Tichborne ? — It might have done so. Q. Had you any 
 quarrel with her? — I decline to answer that question. Q. Why did 
 you say. No?— A\1iy did I say. No? Q. Yes? — I do not know, I 
 am sure; only I did say no: I cannot tell you. Q. Cannot you tell 
 me?— I thought it was a very impertinent question." — It was a fair 
 and legitimate question with a view to see if any explanation could 
 be given why he had remained twelve years without any communica- 
 tion with his father or mother, to ask, " Had there been any quarrel 
 which prevented it?" Then the foreman of the jury interposes, and 
 says : " If we rightly understand, the reason of the plaintiff's long 
 silence in Australia was caused by the quarrel between him and his 
 father?" Then the defendant says: " I did not say so; I never even 
 imputed such a thing." Then the Lord Chief Justice says : *' You 
 would like to know, gentlemen, what his reason was for not writing : 
 It occurs to my mind to ask what was his reason. What was your 
 reason?" The only answer the defendant makes to that question is, 
 " I had had no particular reason. I did not care about going back 
 on the sea again just at that time. I was glad to get down in 
 the coimtry." Then he is asked: "What was the reason for not 
 writing to your father ?" " I had no reason ; I was going into 
 the bush ; there is not the convenience there that you Avoidd find 
 in London, or in England: It Avent off from time to time." Then 
 he is asked: " Had you any reason for not writing to your mother? — 
 I had no reason whatever for not doing so. Or your aunt? — No, no 
 reason." That put an end to all notion of a quarrel. There never 
 had been a quarrel except some temporary misunderstanding with 
 his father ; and this ground of explanation is wholly given up in the 
 end. 
 
 The only other reason for remaining in Australia is the one he gave 
 in answer to a question put by ]\Ir. Giffard, I presume at the instance 
 of the defendant himself. Mr. Giffard asked him whether, when he
 
 ( 298 ) 
 
 went abroad, he had not made up his mind not to return so long as his 
 father was living ; and his answer was that that was so ; that his home 
 was an unhappy one, had been an unhappy one to him, and that he 
 did not intend to return so long as his father was living. He says, 
 " I had made up my mind that I would not return to England 
 during my father's lifetime." It is, however, at once obvious that, 
 though such a resolution might afford an explanation of his remain- 
 ing in Australia, it affords none of his not writing home for his own 
 income of 1,000/. a year, and submitting to such a life as the defend- 
 ant admits himself to have led. But can we accept the fact ? Had 
 Roger Tichborne any such intention of not returning during his 
 father's life ? Had he made up his mind never to see his father 
 again ? to stay away even though he knew his father to be dying ? 
 We certainly find no manifestation of such an intention in the letters 
 of Roger from South America. To Gosford he says he shall remain 
 abroad " two or three years." In another letter he says he shall " not 
 remain long in England so long as his father lives." He says, with 
 reference to Moore, that on his return he shall only keep a small 
 establishment, and therefore shall not want a butler. He wishes to 
 have his name put up at the " Travellers," as he should like to be a 
 member on his retm-n. Nowhere is there the slightest intimation of 
 an intention to stay away permanently, or till his father's death. 
 And there is this further inconsistency. If there Avas an intention 
 on the part of Roger not to return till the father's death, how 
 is it that during the long period of twelve years no inquiry should 
 have been made by the defendant (if Roger) whether his father was 
 still livmg ? Sir James Tichborne at the time Roger went on board 
 the ' Bella,' was already in his seventieth year. " The years of man 
 are threescore years and ten, and one in a hundred liveth to fourscore " ; 
 and here and there, persons of vigorous constitution and health live 
 even to a more advanced age. But Sir James Tichborne was not 
 destined to be the exceptional " one in a hundred." He lived, how- 
 ever, to a good old age. He died on the 11th of June, 1862 — about 
 the time when the defendant was riding the mail between Boree and 
 Narandra — being then within three months of seventy-eight years of 
 age. It follows that while the defendant Avas riding the mail, 
 a dangerous and laborious occupation in a wild country, exposed to 
 the elements and to bushrangers, and while, for three or four years, 
 he was folloAving the calling of a butcher's man at Wagga-Wagga, 
 he was, if Roger Tichborne, actually a baronet, and entitled to an 
 estate of twenty thousand a year. Now, Avhat son, who knew that a 
 title and a large fortune aAvaited him, as the alternative of exile and 
 penury, on the death of a father far advanced in life, more especially 
 if he had so little affection for the father as never to wish or intend to 
 see him more, would thus allow years to pass without troubling him-
 
 ( 299 ) 
 
 self as to his father's existence ? Can we conceive it possible that the 
 defendant, if Roger Tichborne, woidd have taken no steps, during 
 twelve years of such a life, to ascertain whether his father was still 
 alive or dead ? A further difficulty arises from the position of the 
 brother Alfred. The moment the father died, it being taken for 
 granted that Roger was dead, Alfred would of course assume the title, 
 and succeed to the Tichborne estate, and receive his annuity under 
 Roger's will. Having grown up to man's estate, he would doubtless 
 marry, probably some lady of social position equal to his own, and in 
 all likelihood have children. All would be placed in a most painfidly 
 false position, if obliged by Roger's afterwards coming forward to 
 withdraw fi'om the position they had assumed as to title and estates. 
 It would have been impossible that this should not have occurred to a 
 man of business like Roger, and his affection for his brother, which 
 plainly appears from his letters, would have prevented his exposmg 
 him and his family to so humiliating a fall. It is true it has been 
 put forward on the part of the defendant that he had abandoned all 
 idea of coming forward till he heard of his brother's death. But Ave 
 shall see hereafter that this is but a pretence. Nor would it affect 
 the argument as regards Alfred's wife and family. To them his 
 coming forward at any time would, of course, be fatal. 
 
 The defendant's explanations as to the motives of his leading for so 
 many years a life so inconsistent with what might have been expected 
 from Roger Tichborne, being so far unsatisfactory, his learned counsel 
 thought it necessary to propound certain explanations of his own, 
 which, however, have the disadvantage of never having occurred to 
 the mind of the defendant himself, and of bearing unmistakably the 
 stamp of the learned counsel's own coinage. 
 
 He first sought to explain the defendant's conduct on the score of 
 eccentricity. He pointed out that there were instances in which 
 men have done the like. Look, he says, at Bamfylde Moore CarcAv. 
 He was a gentleman of large estate in Devonshire, and he gave up 
 his fortvme, he abandoned his home, and went and lived Avith the 
 gipsies, prefemng their erratic life to all the luxuries of a great 
 house and a great fortune. Again, avc have a recent instance of 
 a nobleman Avho chose to be a common sailor, and, as a sailor, 
 perished. It may not be impossible in the history of human conduct 
 to find here and there similar instances of eccentricity. But then it 
 so happens that of the individuals Avho thus acted, contrary to our 
 experience of the motives which usually actuate and influence the 
 conduct of mankind, Ave knoAv nothing else. What I should infer is, 
 that Bamfylde Moore CarcAv must have been a man Avho Avas Avhat is 
 called " cracked." If Bamfylde Moore CarcAv had made a will 
 making over his property to the gipsies, I for one should have been
 
 ( 300 ) 
 
 strongly in favour of upsetting the will. What the state of mind of 
 the nobleman Avho has been referred to was I cannot tell you. All 
 I can say is, these cases are exceptions to the universal influence of 
 motives which are otherwise knoAvn to control and determine human 
 conduct. Therefore, w^iile I should be very far from saying that 3'ou 
 should assume that a course of conduct like the one to which I have 
 been refen-ing is morally impossible, what I do say is this — that you 
 should accept it Avith very strong distrust, and the more so because there 
 is nothing in the antecedents of Roger Ticliborne which would lead 
 us to suppose that Roger Tichborne would have acted in this extraordi- 
 nary manner. If there was anything for which he Avas remarkable 
 (and it was with a view to this that I directed your attention to parts 
 of the con-espondence and to many passages in particular letters) — 
 if there was one thing for which Roger Tichborne was more remark- 
 able than another it was for the eye he constantly kept on his worldly 
 and pecuniary interest. Even in the most minute things, things 
 that are generally disregarded with reference to self-interest, Roger 
 Tichborne's mind, far from being indifferent to matters of pecuniary 
 interest, had exactly the opposite tendency; and we have, there- 
 fore, the greater difficulty in coming to the conclusion that he 
 gave up and was content to forego all the advantages which fortune 
 had proAaded for him. Of this, however, it is entirely for you to 
 judge. I do not say (I repeat) that these are things which it was 
 impossible for Roger Tichborne to have done ; but this I do say, 
 that Avhen you come by-and-by, holding the scales evenly, to put on 
 the one side and on the other the facts which tend to establish the 
 affirmatiA'e of identity, or to negative it, the serious improbability 
 which attaches to this part of the story, independently of all contra- 
 diction, must necessarily be put into that side of the scale which is 
 adverse to the defendant. If, indeed, all the other circumstances of 
 the case should tend irresistibly to the conclusion that he is Roger 
 Tichborne, then all we can say is that this must be a case of eccen- 
 tricity, as his learned coimsel has asserted. But, in a case of conflict- 
 ing evidence, the strange apparent anomaly of such a state of things 
 must certainly be taken to militate strongly against the defendant. 
 
 And when the learned counsel tells us that Ave are to ascribe this 
 strange conduct to eccentricity, I Avish to know on Avhat fact of 
 Roger Tichborne's life he can put his finger and say that it shoAvs 
 eccentricity. If ever there was an instance of reasoning in a Adcious 
 circle, it seems to me the learned counsel here affords one. Seeking 
 to account for this strange conduct by eccentricity, but being unable 
 to show that Roger Tichborne was eccentric, he begins by inferring 
 eccentricity from the conduct, after which he proceeds to explain the 
 conduct by eccentricity, reasoning thus in a perfect circle, in which
 
 ( 301 ) 
 
 he may revolve perpetually without ever comhig to a satisfactory 
 conclusion. 
 
 He suggests various ways in which he proposes to account for the 
 apparent anomaly in the conduct of the defendant. Some of tliem 
 are very strange ; very strange indeed. He begins by saying that 
 Roger Tichborne used to have the history of St. Alexis repeated to 
 him by the Pere Lefevre. That history, he tells us, is a striking 
 one. St. Alexis married a young and beautiful woman, and on the 
 day of his marriage he disappeared, gave her the slip, and went off; 
 left the young and lovely bride to console herself as best she might ; 
 w^ent into a distant country, put on the garb of a beggar and begged 
 at the door of a church. I must say I think it Avould have been 
 better if he had stayed at home and comforted his bride, and 
 performed his duties in that state of life to which it had pleased 
 God to call him. After many years' begging at the door of the 
 church, he came home. He performed menial services in his 
 father's house, not letting anybody know who he was, till at length 
 he was found dead in some out of the way place. This story having 
 been repeated year after year by the Pere Lefevre to Roger, Avhen 
 Roger went annually to pay his tribute of respect to his confessor on 
 his saint's day, " Consider, gentlemen," says the learned coimsel, 
 " whether that may not have suggested to the mind of Roger, at 
 a remote period it is true, to quit home, to leave fortune, and all the 
 enjoyments of life, and hide himself away in the wilds of Australia." 
 This, I must say, like something else I referred to yesterday, should 
 be preserved as one of the curiosities of forensic oratory, but, of 
 course, addressed to twelve sensible men like yourselves, it is like the 
 idle wind Avhich you will pay no regard to. But much reliance could 
 not be placed on St. Alexis and P^re Lefevre, because the defendant 
 had no recollection of Pere Lefevre ; did not even know his name ; 
 and to suppose he had forgotten Pere Lefe\Te, and yet could recollect 
 the story of St. Alexis and go to the forest in consequence of it, was 
 certainly somewhat strong. Accordingly you are told of other 
 things which may have produced this erratic tendency in the mind 
 of Roger. 
 
 I pass on to the next explanation. Says the learned counsel, 
 when Roger Tichborne was at Stonyhurst they played a very wicked 
 play, the " Castle of Andalusia," and in the Castle of Andalusia 
 there was a naughty song, sung by a robber, in which he proclaims, 
 in very laudatory terms, the happy life which a robber leads, who 
 needs not to earn money himself, but can take it from other people, 
 and who can also make free with other people's belongings in other 
 ways to which I need not more particularly refer. That, says he, 
 might have suggested to Roger Tichborne's mind that a bushranger's
 
 ( 302 ) 
 
 life would be a pleasant one, and may serve to account for his going- to 
 the bush. But, unfortunately, the defendant had forgotten all about 
 it, and did not even know he had acted in the play ; and moreover 
 the song had been expurgated from the play, and Avas not sung at 
 Stonyhurst. Consequently that could not be relied on. Then 
 a totally different explanation is offered. By his excesses Roger 
 Tichborne had brought on disease ; he was sick of the world ; he 
 had undermined his health, impaired his intellect, disordered his 
 understanding. He knew he was weak in body and mind, and it 
 occurred to him that in the desert he should find a renewal of health 
 and strength and intellectual vigour ; especially if he could fall in 
 with some of the men of more active spirit who frequent those wild 
 regions. Accordingly he makes up his mind that he will go to 
 Australia and settle there. Besides which he Avas conscious of 
 having committed a gi-ievous sin against God and man, a sin against 
 society for which he never could be sufficiently miserable. " I have 
 seduced my young cousin, I never can get over it. I never can 
 show my face if I go back to England ; my relations will look upon 
 me with aversion and scorn. Better go to Australia, and there, 
 in lonely solitude and contemplation, meditate upon the past, and 
 seek to make amends and atonement in the future." This Avas very 
 edifying. We have here a man avIio is shoAving the first fruits of 
 i-epentance by determining to AvithdraAV himself fi-om the Avicked 
 pleasures of this world, and in calm and divine meditation reflect on 
 things holy. The misfortune is, Roger never meant to go to Austi'alia 
 at all. He took his passage for Ncav York, after sending for another 
 1,000/., Avith the intention of going to Mexico, and he desires to be 
 put up for the Travellers' Club. That does not look like going to 
 the forest as an anchorite and hermit, and reflecting on things holy 
 instead of liAang a worldly life ; still less do I see any indication of 
 repentance in a man who says that all the time he Avas staying at Rio 
 he Avas going through an unceasing career of the loAA'est and grossest 
 debauchery, and was so drunk at last that he could scarcely be got on 
 board ship. The carnival comes, as Ave know, before Lent; and 
 here I suppose debauchery Avas to be the preparation for repentance. 
 In spite of these considerations, this is what the learned Counsel 
 ventures to suggest to you. When he is reminded that his client, 
 Avhom he represents as thus sunk to the lowest degree of physical 
 and moral and intellectual debasement, comes back to this country 
 Avith a remarkable degree of intelligence, and an immense amount of 
 physical strength and poAver, Ah ! he says, " that was the effect of 
 living in Australia ; the pure air of the bush, and the active life he 
 led in it, brought back an entire rencAval of his health ; and if you 
 speak about his intellect and his morals, I Avill very easily explain to
 
 ( 303 ) 
 
 you how tliere lias been improvement and perfect restoration in that 
 respect. Has he not been associating for months or years with 
 Arthur Orton? It is true, Arthur Orton is a coarse, low brute — 
 these are the learned counsel's own words — it is true he Avas a ruffian, 
 it is true he was a robber, and it is very shrewdly suspected he was 
 a murderer ; but, then, you see, the two extremes of ruffianism and 
 refinement being bi'ought together — on the one hand, bodily vigour, 
 health, and strength of mind combined — on the other enervation and 
 prostration, the effect of dissipation and debauchery, desti'uction of 
 the intellect, loss of the moral sense — out of the two extremes you 
 get a perfect man ; and so this association with Arthur Orton has 
 produced the man whom I am proud to represent before you." If this 
 view of the matter could be true, I should only have to say I very 
 deeply lament that we can no longer send the scum of our society to 
 Australia. Even now, if there should be any great and particular 
 reprobate with whom nothing can be done to Avin and recall him from 
 his evil Avays, I should strongly advise his being sent out there. 
 
 One sees frequently advertisements headed — " To parents of in- 
 corrigible boys," in Avhich it is said that if you only send them to a 
 certain place they will get rid of their evil Avays ; so if you have an 
 incorrigible scoundrel send him to Australia and let him find Arthur 
 Orton — that is if he can find Arthur Orton — and let him stay Avith 
 him and see a little bushranging, and he will become a perfect 
 character in an incredibly short space of time. In fact, one may 
 say with King Henry — 
 
 " Now, neighbour confines, purge you of your scum : 
 Have you a ruffian that will swear, drink, dance, 
 Revel the night ; rob, murder, and commit 
 The oldest sins the newest kind of ways? 
 Be happy, he will trouble you no more." 
 
 Let him go to Australia, and under the pure air of the Australian 
 heaven and the rough life of the Australian bush he will be 
 thoroughly reclaimed and reformed. 
 
 There is one more argument the learned Counsel put before you, 
 and as anything that comes from a learned queen's Counsel in an 
 address in a case of this kind is deserving of attention, I Avill just 
 note it. HaAang spoken of the remorseful and repentant Roger 
 seeking the Avilds of Australia as a place for improvement, the last 
 of the learned counsel's suggestions is that, although he had intended 
 to go to NeAv York and had no idea of going to Australia, yet when 
 he was picked up by the ' Osprey,' and was three months on board 
 that vessel, he found in her several passengers, and these passengers 
 the Counsel assumed (of course you may assume anything in the 
 flight of uncontrolled fancy) Avere persons Avho had led adventurous
 
 ( 304 ) 
 
 lives, and Avho would naturally, in the course of their voyage, narrate 
 their adventures. These adventures took firm hold of Eog^er and 
 inspired him with a desire to lead an adventurous life, and so when 
 he got to Melbourne, instead of Tv^iting home for resources, he deter- 
 mined to go and try his hand at adventures in the forests of Australia 
 — the learned Counsel quite forgetting here, as in his former explana- 
 tion, that according to the defendant's account the first thing he tried 
 on landing was to get a passage for England, in which he failed — 
 a proceeding altogether inconsistent with any supposed intention of 
 remaining in Australia. However, he is said to have thus become 
 inspired with the desire of leading an adventurous life in the bush. 
 But what is there of adventure in being a herdsman and driving- 
 cattle from the run and slaughtering them? What is there of 
 adventure in breaking horses and selling them? What is there of 
 adventure in taking to the calm and peaceable occupation of a butcher? 
 — none, as far as I can see; the whole thing is as devoid of romance 
 or interest as anything one can well conceive. 
 
 Men may be led away to a vn\d life by a desire of adventure, or by 
 some notion of romance or interest, or sentiment attaching to it. Men 
 have gone with Indians on the war-path, and associated with them in 
 their hunting expeditions. Men sated with the world, sick of its con- 
 ventionalities, ha\ing carried the enjoyment of life perhaps to an 
 excessive degree, have withdrawn from it to lead a life of seclusion. 
 Men inspired by religious fervour have retired to lonely and devout 
 meditation and rigorous self-denial, as saints and hermits have done 
 of old. Men have turned misanthropes because their minds have 
 been soured by disappointment, or by some perfidy or treachery of 
 which they have been the victims : in all these circumstances there is 
 something which accounts for the departure from the ordinary course 
 of human action. But here there is nothing but Avhat belongs to 
 commonplace, vulgar, everyday life. No romance or interest or 
 sentiment can connect itself with the occupation of a stockdriver, or 
 a horse dealer, or a butcher, or any other trade or form of life in 
 which the defendant says he was engaged. It seems to me therefore 
 that no explanation has been put before us which is at all satis- 
 factory, or which is sufficient to account, with men of ordinary sense 
 and judgment, for conduct apparently so irreconcilable with what 
 might have been expected from Roger Tichborne. Far be it from 
 me to say, as I observed before, that if the other facts of the case 
 should lead you to the conclusion that the defendant is Roger Tich- 
 borne, this should be considered as an insuperable difficulty; but 
 that it is a difficulty of a very formidable character, and one which must 
 not be overlooked, is what, I think, no reasonable or thinking man 
 can fail to see.
 
 ( 305 ) 
 
 Tliis being so, seeing that the history begins Avith circumstances of 
 difficulty, calculated, when addressed to us as reasonable men, not 
 to command our confidence, but rather to excite our suspicion, it 
 becomes necessary to look a good deal further, to enlarge the area 
 of our observation, to take in new facts, and to look into the details 
 of this history Avith a more critical eye and more scrupulous exami- 
 nation than we should otherwise have been disposed to do. It may 
 be that truth is sometimes stranger than fiction, but that is no reason 
 why — Avlien a case is presented to us which at first sight, at all events, 
 bears the appearance of fiction — we should too hastily and rashly 
 assume, that because truth sometimes resembles fiction, in this 
 instance that which looks like fiction should be taken for truth. I 
 do not say it is fiction — that is a matter for you to judge of, and 
 which you Avill be much better able to judge of Avhen Ave shall have 
 passed in revicAv the Avhole of the evidence and all the additional 
 facts established in the case. 
 
 ONE HUNDRED AND SEVENTY-THIRD DAY. 
 
 Wednesday, February 4, 1874. 
 
 The Lord Chief Justice : Gentlemen, I Avas pointing out to you, 
 yesterday, various difficulties Avhich suggest themselves to a thought- 
 fid mind on reflecting on the story of the defendant; and I observed 
 that it Avill be necessary, in consequence of those difficulties, to enter 
 more largely into all the facts of the case ; and I propose in the first 
 place to examine more critically and minutely, in addition to the 
 general outline of his narrative, the details AA'hich he has himself, in 
 his various examinations, given of the shipAvreck, of his preservation 
 from death, of his subsequent landing at Melbourne, and of his life 
 in Australia. Noav, no one belonging to the 'Bella' has ever been 
 heard of besides the defendant, if, as he alleges, he is Roger Tich- 
 borne; and we can, therefore, look to no other source of information 
 on the subject of hoAV the ' Bella ' came to founder, and hoAv he him- 
 self came to be saA^ed, than the naiTative which he himself has given. 
 He was, as I have pointed out to you, under the necessity of giving 
 some account of these things, because AA^hen, after tAvelve years of 
 absence and total silence, and the failure on the part of persons, Avhose 
 honour and veracity no one doubted, to recognize him, he applied to 
 the Court of Chancery for assistance to get OA^er the legal difficulties 
 which certain technicalities threw in his Avay, it Avas absolutely neces- 
 sary that he should explain that Avhich, looking to his position, rank, 
 and fortune, to the relations previously subsisting between himself, his 
 
 X
 
 ( 306 ) 
 
 family, and his fi-iends, appeared so strange and incredible, namely, 
 that through all these years he should never have given any signs of 
 having been preserved from death, and of being still living. It was, 
 therefore, necessary that he should make an affidavit, setting forth, 
 with more or less minuteness, Avhat had become of him in the mean- 
 Avhile, and what he had been doing. 
 
 Now, in the 30th and 31st paragraphs of the affidavit, after having 
 stated that he embarked at Rio, he says : " All went well until the 
 fourth day after the ' Bella ' had left Rio, and was far out of sight of 
 land, but on the morning of that day, the mate reported to the cap- 
 tain that she had sprung a leak, and all hands were instantly set to 
 Avork at the pumps, and every effi^rt Avas made to save the ship, but 
 without effect. Very shortly after the mate reported the leak it became 
 apparent that the vesssl Avas fast filling Avith Avater, and the captain 
 announced that all further efforts to save the ship AA^ere useless, and 
 that all on board must instantly take to the boats. The ' Bella ' 
 carried a long boat on deck, and tAvo smaller boats, one of Avhich Avas 
 slung from the davits on each quarter. One of the small boats Avas 
 stove in, and rendered useless, but the crcAv succeeded in safely lower- 
 ing upon the sea the long boat, and the other boat, which Avas the 
 larger of the two small ones, hereinafter referred to as ' the second 
 boat,' and in stoAving some provisions and casks of Avater into the 
 boats. I, and to the best of my belief, eight of the crcAv got into the 
 second boat, and the captain, and, to the best of my recollection and 
 belief, the rest of the crcAv got into the long boat, and immediately 
 pushed off from the ' Bella,' and the ship ' Bella ' soon afterAvards 
 sunk." That is the account he giA'es in the first instance of the 
 foundering of the ' Bella.' That did not go, nor was it necessary it 
 should go, into any great detail ; but those Avho Avere desirous of sifting 
 this story, as interested in the maintenance of the right of the child Avho 
 Avas believed up to that time to be the heir of the Tichborne title and 
 estate, A'ery properly, desired to knoAv something more of the particu- 
 lars; and accordingly they claimed the right, Avhich they undoubtedly 
 had, under the procedure of the Court of Chancery, to cross-examine 
 the defendant on the affidavit he had so made ; and one of the first 
 subjects of inqiiiry to AAdiich IVIr. Chapman Barber, Avho acted as 
 counsel for the defendants in that suit, Avhen the examination took 
 place before INIr. Roupell, the examiner in Chancery, directed his 
 cross-examination, Avas the shipAvreck of the ' Bella.' Noav, on that 
 occasion, I am bound to say the defendant did not manifest the frank- 
 ness and the straightforAvardncss one Avould ha\"e expected fi-om a man 
 Avho had nothing to conceal, and Avho Avas ready in the face of any 
 court of laAA', or of the Avprld, to state the circumstances Avliich the 
 parties interrogating him certainly had a right to expect he should 
 state Avithout reserve. This is Avhat took place. jMr. Chapman
 
 ( 307 ) 
 
 BarLer asks : " Can you give a description of the sl^ip^^Teck? — I will 
 ansvv^er every question you put to me. Q. Can you give us a de- 
 scription of the sliip^ATCck ? — Yes, and I will answer every question 
 you put to me," — he says, a second time ; then the examiner says, the 
 question is "'Can you give a description of the shipAvreck?' " The 
 witness : " I hope the learned gentleman does not Avant me to make a 
 speech, it is next door to it." Mr. Chapman Bakber : " You see 
 your affidavit contains a long statement connected with this shipwi'cck ; 
 can you repeat that in substance ? — Most undoubtedly I can, but I tell 
 you again, I will ansAver any question that you put to me. Well," says 
 the learned counsel, " I ask you to be so good as to repeat the state- 
 ment of the shipAvreck. — It Avould be very amusing, I have no doubt, 
 for you all, but I am not going to do it ; I am here to answer any ques- 
 tion you put to me. Q. You must do more than that. — Perhaps you 
 Avovild like me to commence from my sailing from England ? Q. Not 
 the least. — You may as aacII ask me the one as the other." Then Mr. 
 Serjeant Ballantine interposes, and says : " I do not think that any 
 counsel can tell a Avitness to give a description of a shipwreck. Mr. 
 Chapman Barber : If he declines to do it, there is an end of it. Mr. 
 Serjeant Ballantine : It must be understood that he does not decline 
 to answer any questions in relation to the shipAvi-eck." The witness is 
 further pressed by Mr. Barber, and then he says : — " I cannot exactly 
 tell you much about it, for I was never much upon deck till the time 
 of the leak." Then Mr. Barber, supposing he had been sea-sick, asks, 
 " Are you subject to sea-sickness ? — Yes, sometimes. Q. Were you 
 at that time ? — No, I Avas not at that time. Q. What made you stay 
 beloAV all the time? — Because I was tipsy; now you have got the 
 answer, you might just as well have asked it before. Q. Were you 
 tipsy all the time, the four days? — I was, on and off; I Avas recover- 
 ing; I was getting myself right. Q. Were you tipsy when you 
 AA'ent on board? — Yes, I was. Q. Had you recovered when you dis- 
 covered the leak ? — That Avas the first morning I came upon deck." 
 The same ground Avas taken by the defendant \A'hen he was examined 
 on the trial; namely, that he Avas tipsy Avhen he went on board, and 
 remained in a state of drunkenness, or semi-drunkenness, the three 
 nights he was on board, until the fourth morning, Avhen he Avent on 
 deck. That w^as the accovmt of the shipAvreck A\'hich he gave at first. 
 On further examination, in the course of the interrogatory in the trial 
 in the Court of Common Pleas, he Avas obliged to give more detailed 
 particulars, and he did so; but he adheres throughout, as you will 
 see presently, to the statement that he was in a state of intoxication 
 when he Avent on board the ' Bella,' and during the Avhole time 
 he Avas on board. Upon the question Avhether Roger Tichborne did 
 go on board drunk there is a conflict of evidence. It would matter 
 very little, indeed, to us in this inquiry AA'hether Boger Tichborne Avas 
 
 x2
 
 ( 308 ) 
 
 sober Avhen lie went on board the ' Bella,' or wlicthsr lie was drunk, 
 except for this consideration and to this extent : — If it was clear 
 that Roger went on board the ' Bella,' not in a state of inebriety, 
 but sober, it Avould not only go very seriously to the defendant's 
 credit that he should have made this statement, Avliich turned out 
 to be untrue ; it would have a much wider significance than that ; 
 because if he Avas sober and going about as a man does on board 
 ship, and was capable of using his senses of hearing and seeing, 
 he would have known something about Avhat was doing ; and what- 
 ever was the accident, Avhether by collision or otherwise, by which 
 the 'Bella' foundered, he avouM, of course, be in a position to ex- 
 plain to us hoAV that came to pass, Avhile it noAv remains a matter 
 of speculation and surmise. But this difhculty is got rid of when 
 he says, " I Avas so drunk at the time that I Avas not able to come 
 on deck. I stayed doAvn beloAv, and it is not until the cause of the 
 foundering of the A^essel, Avhatever that may haAC been, had pro- 
 duced its effect that I Avas in possession of my faculties and senses, 
 and kncAv anything of A\diat AA'as going on around ;" so that here 
 his being sober or drunk does make a material difference. If you 
 came to the conclusion that Roger Tichborne was not in a state of 
 intoxication and comparative insensibility up to the time the ship 
 Avas on the point of going doAA^n, and that the statement of the 
 defendant with reference to his having been in such a state is merely 
 a pretence, of course it Avould have a very serious effect on the belief 
 or disbelief Avhich you might entertain of the Avhole account Avliich 
 he has given of the foundering of this A^essel, in other Avords, of his 
 having been on board this A'essel and having: been saved Avhen the 
 vessel Avent doAvn, as she undoubtedly did. Therefore it is necessary, 
 before Ave come to the foundering of the ship, to form a judgment as to 
 Avhether the defendant Avas, at the time he was on board the ' Bella,' 
 in the state and condition in which he has represented himself to 
 have been. Noav his account is, that while he Avas staying at Rio 
 he had been living a life of the grossest possible debauchery, that 
 he Avas anxious to leave to go to the north, and that he fell in Avith 
 Captain Birkett, the master of the ship ' Bella,' Avhich at that time 
 Avas bound for Kingston, and oiiAvards thence to New York. He 
 says he made up his mind to go Avitli this Captain Birkett; that 
 he applied for a passport, but Avas unable to get it, because it 
 required forty-eight hours' notice for a stranger to get a passport, 
 and without a passport a stranger could not leave the port ; that 
 however the captain consented to detain the ship. He says he had 
 recently draAvn 200Z. at Rio — a matter Ave can ascertain by looking 
 at the account of Glyn's ; that he paid the captain 30/. for his passage, 
 and had about a sum of 20/. left as the residue of this sum of 200/. 
 Then he says that, having been leading this riotous life, he had been
 
 ( 309 ) 
 
 for two days before the 'Bella' sailed committing a debaucli and could 
 not be found ; he was at one of the hotels, and Avas in snch a state 
 of drunkenness that he could not rouse himself to make his way to the 
 ship, and they had to find him out and take him on board. Now, I 
 am very anxious in all these matters where the defendant is brought 
 into direct contradiction Avith Avitnesses, and either he or they must 
 haA'e made, and knoAA'ingly made, a statement directly contrary to 
 the truth, as only fair to him, though it may be a little tiresome to 
 you and to me, that you should hear what the defendant himself has 
 said. In his examination in chief, and, therefore, in answer to 
 questions ]:)ut to him from his OAvn instructions — he says, that Avhile 
 at Rio, he became acquainted AA'ith Captain Birkett, the captain of the 
 ship ' Bella,' AA'hom he met at his hotel. They got into conversation. 
 He told the captain Avhere he AA^as going, and the captain told him 
 he AA'as going to 'New York, calling at Kingston by the Avay. " Did 
 he tell you Avhen he Avas going to sail? — Yes; he told me he Avas 
 going to sail the next day. Q. Did you make up your mind to go 
 ■with, him or not ? — Well, I made up my mind to go with him if I 
 possibly could. Q. What steps did you take in order to go AA'ith him ? 
 — I applied for my passport. Q. Were you able to get it ? — No, I did 
 not get it. Q. Hoav came that to pass ? — Because you have to give 
 forty-eight hours' notice before they AA'ill grant you a passport. 
 Q. What happened upon that ? — He detained the ship." — Bather a 
 strong thing for a captain to do ; but, according to the defendant, 
 the captain did it. — Q. " Did you determine to go, or abandon your 
 notion of going in that ship ? — I determined to go." He is asked, 
 Q. " HoAv did you manage to get on board without a passport ? — I 
 was hidden aAvay." Noav, it strikes me there is a certain degree of 
 inconsistency here. If, in order that he might have time to get 
 his passport the captain detained the ship, AAhich I presume the 
 defendant must be taken to mean, AA'hy should he go on l^oard 
 Avithout a passport, and in consequence of that be hidden ? Then 
 he is asked ; " What condition Avere you in AA'hen you Avent on 
 board ? — I Avas the Avorse for liquor. Q. What had you been drinking 
 while at Bio ? — Caiia. Q. What is caha ? — It is a white spirit of Avine 
 — aguardiente. It is AA-hite Avhisky or Avhite rum of some description." 
 That, it is observed, is Spanish for " fire-AA^ater." AfterAvards, Avhen 
 he comes to be re-examined, he is led into further detail, and noAv 
 comes a very important part of this story. We have had Captain 
 Oates before us, as you A'ery aa'cII remember, and you have heard 
 Captain Oates's story of the part he took as to the yoimg man Avho 
 Avanted a passage to Ncav York, in inducing the captain to take him, 
 although he had not the present means of paying his passage. The 
 defendant ignores altogether the existence of Captain Oates, and 
 does not know anything about him. He is asked by the Solicitor-
 
 ( 310 ) 
 
 General, " Before you went on board, did you come across a person 
 of the name of Thomas Oates ? — On board where ? Q. Before you 
 ■went on board the ' Bella'? — You are speakmg now of Bio Janeiro. 
 Q. I am speaking of Rio ; that was the place the 'Bella' sailed from, 
 was it not? — Yes. Q. Before you went on board did you come 
 across a person of the name of Thomas Oates? — I did not, to my 
 knowledge. Q. That you swear ? — That I swear. Q. How do you 
 mean to your knowledge ? — Well, I have no knowledge or recollec- 
 tion of any such person. Q. Do you recollect going on board the 
 ' Bella' ? Did you see Mr. Oates about three days before the 'Bella' 
 sailed ? Do you recollect seeing him about three days before the 
 'Bella' sailed? — I cannot say whether I have seen him; he might 
 have been at the hotel ; I can safely say this, I did not know who he 
 was? Q. Had you a passport? — I had not. Q. Did you go on 
 board the ' Bella' Avithout a passport the night before she sailed? — 
 No, I did not." — You will remember Captain Oates's evidence, and 
 the details he gave. The question was asked in anticipation of 
 contradiction by Captain Oates — Q. " Did you leave Bio without a 
 passport? — I did. Q. Was it the rule at Rio that no captain 
 should take a passenger out of harbour without a passport? — It 
 was. Q. Did you go on board about five o'clock in the afternoon 
 the day before the 'Bella' sailed, and did you have tea and supper, 
 or tea or supper, with the captain or Mr. Oates? — I did not. 
 Q. And did he go away about nine o'clock? — He did not, because 
 he was not there ; at least he might have gone ; I was not there. 
 Q. You have no recollection ? — I was not on board at all, not the 
 night previous. Q. Had you a conversation with him and the 
 captain as to your being without a passport? — How could I have 
 a conversation with a man I did not know ? I told you just now 
 I did not know him." The question is repeated, and he says : — " I 
 had no conversation with Mr. Oates at all. Q. With the captain 
 in Mr. Oates's presence ? — Spoke with the captain in Mr. Oates's 
 presence? Are you speaking of the night previous? Q. I am speak- 
 ing of the night before the ' Bella ' sailed ? — I had no conversation 
 with the captain that night at all. Q. Did jNIr. Oates come on board 
 the 'Bella' the next morning early again? — As I do not know 
 Mr. Oates, I do not see how I can answer that question. Q. You 
 know who I mean by Mr. Oates ? — I know who you mean. Q. You 
 have read his e^adence? — Certainly, and never read so many lies put 
 together in my life before, I think. Q. You say you have never seen 
 so many lies put together ? — No, not in an affidavit. Not in an affi- 
 davit ? I will not say about an affidavit, this is not an affidavit ? — 
 I thought you were reading his affidavit." Gentlemen, Captain Oates 
 being about to leave England in the ship he then commanded, had 
 been examined before a person appointed to take his examination.
 
 ( 311 ) 
 
 and the defendant, very likely, not being a lawyer, considered that as 
 an affidavit. Q. " Do you recollect, Avas Birkett the name of the 
 captain of the 'Bella'? — It was. Q. Do you remember Captain 
 Birkett and Mr. Oates advising you to go down into the lazarette 
 underneath the deck, as the ' Bella' Avas being towed out of the 
 harbovu-?— I went down in the lazarette. Q. You did go down in 
 the lazarette ? — Yes. Q. Was the ol)ject of that to get you out of port 
 without the cognizance of the Government officers because you had 
 no passport? — It Avas. Q, Did Captain Birkett advise you to go 
 there ? — He did. Q. And you mean to SAvear that Mr. Oates Avas 
 not there, and did not hear and join in that advice ? — I mean to 
 SAvear I did not knoAv Mr. Oates at all. Q. \Yas there any man 
 Avho did not belong to that ship, a captain of another ship, another 
 man, Avhether his name Avas Oates, Smith, or Johnson, Avas there a 
 captain of another ship in the harbour at liio at that time, Avho 
 was there ? — No, there Avas not. Q. No one ? — Yes, there Avere 
 people there. Q. No one belonging to a ship of that description ? 
 — No. Q. Did you go to the lazarette? — I did: I imagine, from 
 what you allude to, it is the lazaixstte. Q. A room in the after 
 part of the ship, kept apart from the cargo ? — No, it Avas not ; it Avas 
 a room where the stores are kept. Q. Did the steward cover the 
 entrance to the room Avith light packages, tea chests and the like ? — 
 I cannot say Avhat he covered it Avith, I am sure. Q. AYas it covered ? 
 ■ — I belicA-e it Avas blocked up. Q. Did Captain Birkett remain on 
 the scuttle or trap-door, do you knoAv ? — lleally I do not knoAv. 
 Q. Cannot you tell me? — Considering I AA'as inside, hoAv could I 
 see Avho AA^as outside?" — By no means a bad ansAver. — "I do not say 
 you could see ; you might hear or know, although you could not 
 see ? — I do not remember having heard it. Q. Do you know 
 Avhether the cabin tnble Avas put over the scuttle ? — What do you 
 call the scuttle ? Q. The trap-door. — It Avas not a trap-door at all. 
 The door? — You could not put a cabin table over it." Here he 
 admits haA^ing gone into the lazarette. An issue is raised betAveen 
 Captain BroAvn and Captain Oates, as to Avhether Roger Tich- 
 borne Avas put into the lazarette, a place down under the cabin, and 
 Avhich you got at by means of a hatch or trap in the deck, or 
 Avhether he Avas put into one of the after-cabins on the same deck 
 A\ith the captain's cabin, Avhich had been used at the moment for 
 the purpose of a store-room. The defendant states that he remained 
 in this place into which they had put him to avoid being seen by 
 the local officers, the whole of the three days and three nights that 
 he remained on board the vessel before she foundered. Noav if he 
 went down into the lazarette below, as Captain Oates has repre- 
 sented, which Avas a place Avithout AvindoAvs or light further than 
 Avould be afforded by the opening of the trap-door, merely a place
 
 ( 312 ) 
 
 for putting stores, he coiild not possibly have remained tliere with 
 no place to lie do\^^l on, unless, indeed, he was in such a beastly 
 state of intoxication that he would lie unconscious on the floor ; 
 but if he was put into a cabin, one of the passengers' cabins, 
 though it was used for the moment, for the purpose of putting spare 
 or extra stores, or any part of the cargo they had not room for 
 elsewhere, there he would have a berth, with such light and ventila- 
 tion as cabins have, and might remain for three days and three 
 nights, although he might be in a state of intoxication, as there 
 would be no absence of ventilation ; but in the lazarette it would be 
 simply impossible. Therefore if Roger Tichborne, for the purpose 
 of secreting himself from the officers, was put in the lazarette doAvn 
 below, then he could not have remained there, but must have come 
 on deck: and, if so, he must have been in a condition to know what 
 was going on if any accident had happened to the vessel. Now on 
 the re-examination of the defendant the statement about going into 
 the lazarette is altered, and he no longer says that he went into the 
 lazarette, but into one of the cabins which had been converted into a 
 store-room. " You have mentioned" — asks his counsel — " there 
 were some circumstances connected with your going on board ; what 
 part of the vessel did you go into? — You are speaking of the 'Bella'? 
 Yes. — I went into the store-room. Q. Will you be kind enough to 
 describe, as far as your recollection serves you, the store-room of the 
 * Bella' ? — The store-room of the ' Bella' was a partition ; she was a 
 vessel fitted up to carry so many passengers, I should imagine, and 
 these cabins not being wanted they were turned into a store-room. 
 It was in one of the unoccupied cabins that had been turned into a 
 store-room that I was. Q. Now, just assume that I knoAv nothing 
 about the vessel, and tell me what part of it it was — Avhere were 
 these cabins, fore or aft ? — Aft. Q. I will not ask you what you 
 mean, but tell me in Avhat way it had been turned into a store-house ? 
 — Well, they Avere filled full of barrels and boxes of biscuits, and tea, 
 and sugar, I should imagine : I do not, of course, know what the 
 cargo was. Q. But there was a cargo stored there, was there? — 
 Yes. Q. Was there any partition remaining, or Avas it all razed ? — 
 It appeared to me as if the partitions had been taken away some 
 time ; the fixtures of the cabin had been removed. It had all the 
 appearance of cabins in the saloon part. Q. But the tables, you 
 say, and any partitions there might have been were apparently 
 removed? — I do not think there were any tables in it, but merely 
 the berths. Q. There Avould be berths at the sides? — Yes." 
 Then he is asked, " What Avas the mode of ventilation ; Avas 
 there a skylight, or Avhat ? — Yes, there Avere two skylights, I 
 think. Q. What became of you when you took up your abode 
 among the luggage ? — I remained there until they told me to
 
 ( 313 ) 
 
 come out. Q. Did you remain there mitil the vessel sailed ? — 
 Yes. Q. Then you were told you might come out ? — Yes. Q. Did 
 you go on deck or remain on deck ? — No, I never went on deck 
 until the morning she went down. Q. Had you at that time 
 the habit of drinking ? — I am sorry to say I had. Q. What used 
 you to drink? — Well, I generally find" — I believe this is a very 
 sagacious answer — " I generally find it is always best to drink the 
 spirit of the country, wherever you are. Q. Was that a habit of 
 yours at that period to drink a good deal ? — Well, I used to drink a 
 good deal at that period — yes. Q. Now, when you embarked on 
 board the ' Bella' in what state were you, as far as drink Avas con- 
 cerned ? — I had been drinking very heavily all the time I was in Rio. 
 Q. W^hat state were you in ; had it any eflfect on you ? — Yes, I was 
 two days in the place, and they could not find me. Q. Where ? — In 
 an hotel there, and they could not find me. Q. Do you mean you 
 were very intoxicated ? — Yes. Q. When you got on board were 
 you sober ? — Yes ; Mr. Thomas Holliscombe found me. Q. Was it 
 known you Avere going on board the ' Bella' then ? — Yes. Q. When 
 you got on board the ' Bella' Avere you sober or drunk ? — Well, I was 
 about halfAvay, I think. Q. In an intermediate state, ' halfway' you 
 call it : had you met Avith any accident previously ; Avere you using a 
 stick for any reason ? — Yes, it Avas not an accident, it Avas rheumatism 
 in the knee. Q. You had rheumatism in the knee, and Avere obliged 
 to Avalk Avith a stick? — Yes. Q. Hoav long had you done that before 
 you embarked on the ' Bella' ? — Since I left Buenos Ayres. Q. Hoav 
 long Avas it, because I have not followed the days ? — I left Buenos 
 Ayi-es upon the 1st March, I think. Q. Were you lame, then, Avheu 
 you went on board the vessel ? — Yes." 
 
 Now, the statement thus made by the defendant Avas, as you 
 know, entirely contradicted by Captain Oates, aa'Iio stated that the 
 young man, Avhose name he did not remember, had been introduced 
 to him by Captain Birkett of the ' Bella,' Avho Avas a brother captain 
 in the same service ; that Captain Birkett told him this young man 
 had run through his money, and Avas Avithout means to pay his 
 passage to Ncav York, and also that he OAved some money at Rio — 
 whether a bill at his hotel or not I do not knoAv — but that he owed 
 money, and that being so, there Avould be a difficidty about his get- 
 ting a passport and coming on board; and Captain Oates, aa^io 
 seemed a A^ery good-natured man, said : " Oh ! do not let the young 
 felloAV stay here ; he seems of good family, and if, as he says, he is 
 Avealthy, he Avill pay you at Ncav York, he will get a remittance 
 there. Agree to take him, and Ave Avill get over the difficulty about 
 the passport ; we Avill put him in the lazarette, and conceal him 
 during the time the officers are on board, and then you can take him 
 to Ncav York, and it Avill be all right ; and even if it should not be.
 
 ( 314 ) 
 
 I will make it rioht ^\hh the owners and bear you out." To this 
 arrangement, he says, Captain Birkett agreed ; they saw this yomig 
 man daily while on shore at Rio, for two or three days before the 
 ' Bella' sailed, and really took a liking to him ; a thing not at all 
 imlikely, because Ave have heard from everybody that Avhatever the 
 real character of this man was, his manners Avere extremely amiable, 
 gentle, and pleasant ; and that he Avon his Avay Avith CA^ery one Avith 
 Avhom he Avas brought into social contact. Captain Oates says that 
 Captain Birkett having consented to this arrangement, Boger Tich- 
 borne Avent on board the evening before the ship Avas to sail ; that he 
 not only saAv him on board, but they supped together on board ; that 
 he, Oates, Avent back to his OAvn ship, leaAang Roger to sleep on 
 board the ' Bella,' one of the cabins for passengers being appropri- 
 ated for his use. Then Captain Oates says, " that having promised 
 to go and see his friend Captain Birkett in the morning and take 
 leave of him, he Avent on board early in the morning and there 
 found Roger. When the officers Avere coming on board to see that all 
 Avas right, Roger Avas put into the lazarette and a grating AA^as put OA^er 
 the trap-door of the lazarette, and a table over the grating. They 
 had coffee on the table ready for the officers Avho came on board 
 to examine the ship's papers and see that all Avas right before she left ; 
 and they took their coffee on this table Avhich covered the aperture 
 of the hatch Avhich led down into the lazarette. Then the officers 
 took to their boat ; Oates shook hands Avith his brother captain, took 
 leaA'e of him, wished him a happy voyage, and Avent aAvay in his OAvn 
 boat, in Avhich he had come." We have here a direct contradiction 
 of the defendant's statement. He says they put him into Avhat he 
 calls the lazarette or the after-cabin, being then drunk or half drimk. 
 Captain Oates says Roger AA^as not drunk, and that during the Avhole 
 time he saw him at Rio he never saAv him so, though Captain 
 Hoskins does say that on the last day of Roger's stay he did appear 
 as if he had taken too much. 
 
 But Captain Oates's evidence is met by that of a Avitness aa^io cer- 
 tainly gives him about as flat a contradiction as can Avell be given — I 
 mean Mr. James BroAvn, otherAvise called Captain BroAvn. He tells a 
 very diflerent story. He says that he kncAv Roger Tichborne during 
 the time he was at Rio, and that he kncAv him in company Avitli 
 Captain Birkett, and, Avhat is more, Avith Captain Oates, morning, 
 noon, and night — Avith Captain Oates, Avhom — strange to say — the 
 defendant has declared that he never knew at Rio — that they were 
 haunting the billiard rooms, which are to be found in the A'arious 
 hotels at Rio, plajang until a late hour of the niglit ; getting drunk 
 night after night — on three occasions so drunk that he, the witness, 
 had to accommodate Roger in a small room he occupied in one of 
 the hotels, tAvelve feet by ten, and in Avhich he says there Avere tAvo
 
 ( 315 ) 
 
 beds, one of wliich he gave to Roger, because he was so drunk he 
 could not go back to his lioteL BroAvn goes on to say that, being the 
 managing clerk to a ship's chandler at Rio, he had to go on board 
 the 'Bella' on tlic morning she sailed, namely, the 20th of April, 
 for the purpose of getting payment of a bill for brandy and spirits 
 supplied to Captain Birkett by his employer, which Captain Birkctt 
 had promised to call the evening before and pay, which however he 
 had forgotten to do; and, consequently, he. Brown, had to get up very 
 early in the morning — five o'clock — to catch the ship before she sailed, 
 in order to get payment. And he says, that having got to the shi]), 
 and being on board her, a boat came off from the shore, which con- 
 tained Captain Oates, Captain Birkett, and another captain of a ship 
 then lying in the harbour at Rio, called Hoskins, and Roger Tich- 
 bome, and that they were all in a state of total drunkenness : and 
 that not only did these four come off from the shore at six o'clock in 
 the morning, dead drunk, but everybody on board the ship was tho- 
 roughly drunk too ; so that, as he says, it Avas no wonder that the ship 
 was lost ; it would have been wonderful if she had not been lost, if 
 there was anything to place her in danger. He says that Roger was 
 not put into the lazarette ; that he was, as the defendant has stated, 
 put into the after-cabin ; and he goes on to say that he, the Avitness, 
 prised an opening betAveen the partition between the one cabin and 
 the other ; that he put Roger into the cabin, and then blocked up 
 the place Avith tea chests and a A^ariety of things Avhich he piled up 
 to the ceiling, so as to cover the door AAdiich led from the one cabin 
 to the other, for the purpose of preventing the officers seeing that 
 there was any opening through this partition into the after-cabin. 
 The question suggests itself, for what purpose this could haA'e been 
 done. In the first place there was a door, and if the door could be 
 concealed, it Avas just as easy to put the man they Avanted to conceal 
 through the door. Why then make an aperture through the parti- 
 tion, and Avhy should BroAvn, a stranger, be called upon to do it ? 
 — He ansAvers " that the carpenter Avas so drunk he could do 
 nothing." In short they Avere all, according to his account, dead 
 drunk. One is startled that, after this fortnight's intimacy at Rio, 
 day after day, night after night, this drunken, this familiar intimacy, 
 betAveen Roger Tichborne and Captain Oates, the defendant does 
 not know Captain Oates, and never heard of such a person ! Hoav 
 is that ? You Avill judge whether the defendant is right when he says 
 he did not know Captain Oates, which is quite possible, or whether 
 Captain BroAvn is telling you the truth Avhen he details all these cir- 
 cumstances, Avhich imply such an intimacy as tAvo people living 
 together and indulging in riotous debauchery together for a fortnight 
 must necessarily have had. But do you believe Captain BroAvn ? 
 That is the question. He is met by the direct contradiction not
 
 ( 31G ) 
 
 only of Captain Oates, but also of Captain Hoskins. Captain 
 Hoskins, as fine an old seaman as you could wish to see, says he 
 never had anything whatever to do with these riotous parties in 
 which Captain Brown represents him as taking a leading part. 
 He swears he never played at billiards the whole time he was at 
 Rio, and that the •whole story about these drinking bouts, and the 
 gambling at billiards is, so far as he is concerned, an entire fabrica- 
 tion ; and then, as regards his being seen on board the ' Bella,' as 
 one of the drunken lot, he says, " I never went on board, I never left 
 my ship that morning, I never went near the ' Bella,' and it is an 
 utter falsehood as regards me." As I have observed, this contest is 
 only important in this sense : unless the defendant did go on board 
 the ' Bella' in this state of intoxication, and remain down below in this 
 state, it certainly becomes very difficult to explain how it was that the 
 ' Bella ' actually got into the condition in which he represents her 
 to have been without his knowing anything about hoAV it happened. 
 
 Possibly it may occur to you to ask how, if the defendant had 
 not been on board the ' Bella,' he should have known that Roger 
 Tichborne was put into the lazarette to avoid the officers. But the 
 answer is that in the interval between the examination of the 
 defendant before Mr. Roupell and the trial. Captain Oates had been 
 examined and had stated the fact, and his evddence had been read by 
 the defendant as he himself admits. 
 
 Let us now come back to the condition in which he says the 
 ' Bella ' was found to be. He says, that on the morning of the 
 fourth day, having recovered from the debauch of the preceding days, 
 he Avent on deck, it being then about 10 o'clock ; that he was leaning 
 on the companion looking out upon the sea, when a sailor suddenly 
 came up to the captain and told him that the vessel was so low in 
 the Avater that she appeared to be in a sinking state ; the captain, 
 who had been Avalking the deck, and looking over the ship's side, 
 though, according to the defendant's account, the vessel had twelve 
 feet of Avater in the hold, and, therefore, must have been very Ioav 
 indeed in the Avater, and her deck almost flush Avith it — never having 
 observed up to that time that the ship Avas in that state. The sailor 
 comes up to him — on one occasion, I think the defendant said it Avas 
 the mate, and on another a sailor (I do not attach much importance 
 to any difference in that respect) — the man, Avhoever it Avas, came 
 up and pointed this out to the captain ; thereupon the captain 
 ordered the Avell to be sounded, and it Avas found there were tAvelve 
 feet of Avater in the Avell. Thereupon the captain ordered the pumps 
 to be Avorked ; the pumps Avere AA^orked for five minutes ; they did 
 not gain on the Avater, but on the contrary, the water gained on the 
 pumps. So the captain says, " It is of no use, she is going down, 
 let us make preparations for saving our lives."
 
 ( 317 ) 
 
 By tlie Jury : Witli twelve feet of water in the hold, would not 
 the lazarette be full of Avater ? 
 
 The Lord Ciitef Justice : I should suppose all the lower part 
 of the ship, cabin and all, Avould be so ; at all events very deep in 
 water. I think that part of the story must necessarily be abandoned 
 practically. Let me proceed with the narrative. And it may here 
 be convenient to observe that the narrative of the shipwreck divides 
 itself into three things: the foundering of the 'Bella;' the taking to 
 the boats ; and, lastly, the rescue by the saving ship, whatever may 
 have been the name and nationality of that vessel. Let us first stop 
 to ask ourselves before we embark the people in the boats, whether 
 this statement, as to the quantity of water in the hold, and as to the 
 captain not having observed that the vessel was in that state — a state 
 in which all attempts to reduce the body of water in the ship were 
 ineffectual, can possibly be true. You have had nautical evidence 
 before you on this subject, which there has been no attempt to meet 
 by counter evidence on the part of the defence ; and in that nautical 
 evidence the witnesses are unanimous in saying that the ship could 
 not have remained afloat with such a body of water in her hold, but 
 must, long before that point had been reached, have become wholly 
 unmanageable ; must have been Avater-logged, to use the expression 
 of one of the witnesses; in short, that the thing covdd not have been. 
 Again, even supposing that from any accident the ship had made 
 that quantity of water, it would have been perfectly impossible that 
 it should have gained that head without having been long before 
 discovered, inasmuch as, which is the point you were mentioning, 
 not only the lazarette would have been fiill of water, and the defend- 
 ant driven out of it long before, but the captain's cabin must have been 
 full, and the greater part of the ship must have been so, while the ship 
 herself must have been w^ater-logged and unmanageable. That is 
 the effect of the nautical evidence ; but, again, from what cause could 
 this have arisen ? No cause has been suggested on the part of the 
 defence which could account for so sudden an influx of water : no 
 collision ; no striking on any rock ; no getting ashore, or on a sand- 
 bank out in the depths of the Atlantic 400 miles from land. Even 
 if the defendant had been in the state he represents himself to have 
 been, any collision either with another vessel, or with a rock, or with 
 a sandbank — if sandbanks were to be found so far out in the ocean — 
 could hardly have been unnoticed by him. If anything of that sort 
 had happened, of course there must have been an alarm and excite- 
 ment on board which would have aroused even the drunken man 
 from his torpor. We hear of nothing of the kind. Says the counsel 
 for the defence : " Does not it sometimes happen that vessels in 
 hai'bour in hot climates, from the effects of the sun, have their seams 
 more or less opened, and may not this vessel in this manner have
 
 ( 318 ) 
 
 become leaky?" The owners are called: they say this was a new 
 vessel, bviilt only in 1851 — this only her sixth voyage — carefully 
 looked over before she left the port of liio ; painted from top to 
 bottom, so that if there had been any cracks in her seams they must 
 have been seen. But the learned counsel says that sometimes 
 there is a corrosion of the iron bolts, and so the water gets in. Yes, 
 but the ansAver is: " When they do corrode there are streaks on the 
 ship's side ; and an experienced captain who knows Avhat he is about 
 soon discovers that." But the ship left Rio four days before, so far 
 as Captain Oates can give any information about it, in a state of per- 
 fect sea-worthiness; so that anything of a leak is not likely to have 
 happened. Such, however, was the case first made for the defendant; 
 and if it had rested there, I own I should have been very glad. But 
 a witness Avas afterwards called for a totally different purpose, a gentle- 
 man who had been connected with this vessel, having been a managing 
 clerk to a firm of merchants at Rio, who chartered the vessel and 
 loaded her with a cargo of coffee and logwood and some other things 
 Avhich she had on board. He was asked Avhetherhe could throw any 
 light at all on the cause of the ' Bella' foundering, and he stated 
 that various rumours had been afloat as to how the vessel foundered, 
 and theories had been propounded by persons conversant Avith nautical 
 affairs as to whether the ship had gone down in a sudden squall, or 
 had come into collision with some other vessel Avhich ran her down, 
 and, as sometimes happens, had passed on without taking further 
 notice. On cross-examination he is asked this startling question: 
 " Amongst the rumours, did you hear a rumour that she had been 
 scuttled? — No." Well, I should have hoped that when he had 
 ansAvered directly in the negative the learned counsel Avould have 
 been satisfied ; but no, he goes on, and insists upon minute particu- 
 lars as to Avhat the cargo consisted of, and what it Avas insured for, 
 Avith a view to leading you to believe that the vessel had been pur- 
 posely svmk at sea by the captain, to enable the OAA^ners of the cargo, 
 having OA^er-insured it, to realize upon such over-insurance. The 
 answer was an indignant denial of anything of the sort. The owners 
 of the cargo being an English firm of sixty years' standing, such an 
 imputation on their honour and integrity Avas perfectly atrocious 
 Avhen unsupported by a particle of proof. The same counsel Avho 
 had endeavoured to shoAv that the opening of the seams or the corro- 
 sion of the bolts might have occasioned the leakage and consequent 
 disaster to this vessel — at the diabolical instigation of I knoAv not 
 Avhom — there is no milder term AAdiich in my opinion is applicable to it 
 — suggested that the vessel Avas sunk by the captain purposely ; that 
 she was scuttled in order that she might go doAvn and the insurance 
 above the value of the cargo might be realized. I must say that a more 
 hideous accusation, there not being the slightest shadow of pretence 
 for it, I never heard. The Avitness explained to you Avhat the cargo
 
 ( 319 ) 
 
 consisted of, told you Avliat it cost, and so showed you that it was by 
 no means over-insured. Besides which, if the learned counsel had, 
 in anything- like a spirit of justice, before he I'aised that fearful accu- 
 sation against these parties, paused for a moment, could he have 
 supposed that a captain would sink his ship 400 miles from shore, 
 with very little chance of the frail boat in which he would have to 
 embark to try to save his life reaching shore, and with the prospect, 
 in all human pro1)ability, of perishing before he could reach the land? 
 At all events, do you not think he would at least have taken care to 
 provide that boat with mast and sail, in order that he might not 
 depend for his life on the power of the few men by whom the boat 
 was man)ied to row her that distance? I do hope this chai-ge did 
 not come from the defendant, and I do not desire to intimate any 
 belief that it did come from the defendant. I do not know where it 
 came from, but I say a more infamous charge never was preferred in a 
 court of justice ; infamous because it involves the most heinous guilt 
 on the part of those against whom it was directed, and because it was 
 made without the slightest shadow of foundation, and moreover was in- 
 consistent with the course the defence had taken up to that moment. 
 But setting aside the cause of the ' Bella's ' making all this 
 quantity of water, and having twelve feet of water in the hold, one 
 thing is perfectly clear on all the nautical evidence, namely, that if 
 such had been the fact, it Avould have been perfectly impossible that 
 such a state of things could exist without its having been observed 
 long before. All vessels are regularly sounded and the pumps 
 used, if necessary, at fixed intervals ; and the owners of this vessel, 
 Avhom we have had before us, tell us that Captain Birkett was an 
 old and experienced officer who had their entire confidence, and 
 not the drunken vagabond that Mr. Brown has represented ; that the 
 discipline on board their vessels Avas exact and regular ; and that it 
 was one of the rules Avhich their captains regularly followed, and 
 which every prudent captain would of course follow, to have the well 
 sounded night and morning. The last thing at night the carpenter 
 Avould sound the well, and the same thing in the morning, and report 
 to the officer on deck, captain or mate, as the case might be, what the 
 state of the well Avas. Now, if this Avell had been sounded, as Ave must 
 presume it AA^as on the morning in question, it Avould have been 
 impossible, if the ship had leaked from any of the causes suggested, 
 other than from being purposely scuttled, that there could be that 
 quantity of water in the Avell at ten o'clock that morning without there 
 having been an luiusual quantity Avhen the Avell Avas sounded in the 
 usual course, Avhich would have led to some further inquiry, and the 
 discovery that she AA^as making more water than Avas consistent Avith 
 the safety of the ship. Then Ave have this further fact, that the 
 captain Avas up and on deck, and it Avas an absolute impossibility that 
 an experienced captain should have been on the deck Avlien the vessel
 
 ( 320 ) 
 
 liad twelve feet of water in the hold, without l:)eing aware that she 
 was much deeper in the water than according to her draught she 
 ought to be. Yet this Captain Birkett is supposed to have been 
 walking his deck in perfect unconsciousness of the impending danger 
 of the ship going down, and quite unaware of the condition in which 
 she Avas. It seems impossible to suppose that such a state of things 
 coidd have existed ; indeed, practically this part of the defendant's 
 account was given up by his counsel. Even Luie would not accept 
 it. He said that the defendant told him that story, but he did not 
 believe it ; that he knew better ; that the thing could not be ; and he 
 went on to say that a different account had been given by the crew, 
 Avho had explained to him how the vessel came to go down, which of 
 course we could not receive here as evidence ; he discarded altogether 
 and pooh-poohed the account which the defendant had given of the 
 vessel having all this water in her hold. 
 
 The next part of the defendant's story relates to the taking to the 
 boats, and now I must ask your attention to his affidavit and cross- 
 examination in the Court of Chancery, in the first place, as contrasted 
 Avith his subsequent examination in the Court of Common Pleas. 
 This is his statement in the affidavit as to the boats : " The * Bella ' 
 carried a long boat on deck and two smaller boats, one of which was 
 slung fi-om the davits on each quarter. One of the small boats was 
 stove in and rendered useless, but the crew succeeded in safely lower- 
 ing upon the sea the long boat and the other boat, which Avas the 
 larger of the two small ones, hereinafter refeiTcd to as * the second 
 boat,' and in stowing some provisions and casks of water into the 
 boats " — you will observe that he here speaks of " the boats" in the 
 plural number — " I, and, to the best of my belief, eight of the crew got 
 into the second boat, and the captain, and, to the best of my recollection 
 and belief, the rest of the crew got into the long boat and immediately 
 pushed off from the 'Bella,' and the ship ' Bella' soon afterwards sunk. 
 The captain, who had in the long boat the ship's charts, ordered that the 
 second boat should keep in sight of the long boat, Avhicli she did for two 
 days, but in the night of the second day a high wind and storm came on, 
 and the boats Avere soon out of sight of each other, and the long boat 
 was not again seen by those in the second boat. The man avIio had the 
 command of the second boat then determined to let her drift Avith the 
 Avind. On the morning of the fourth day after the 'Bella' had sunk, 
 the crew of the second boat descried a ship in the distance, and used 
 ♦every means to reach her and to attract notice, and for that purpose 
 a red flannel shirt, Avhich one of the crcAv of that boat Avore, Avas 
 attached to an oar and hoisted as a signal. Ultimately a signal was 
 made in reply, and the crew of the boat rowed to the ship, and I and 
 the Avhole of the crew on board the second boat were thixs saved after 
 we had been three days and nights in an open boat." The state- 
 ment in this affidavit is the first Avhich he made publicly on this
 
 ( 321 ) 
 
 suLject. No distinction whatever is here made between the two 
 boats in respect of provisions and water. Provisions and water are 
 represented as having been put into " the boats" Avithout distinction. 
 Nor in that affidavit is there any statement as to his having been 
 insensible or delirious, or even drunk. It was not absolutely neces- 
 sary that there shoidd be, and therefore, perhaps, no strong observation 
 arises upon that. 
 
 Next comes his examination before Mr. Roupell. Mr. Chapman 
 Barber asks : " You said one of the boats was destroyed : which of 
 the two was it ? — Well, if you tell me the particular names of the 
 three, I will tell you. Which side of the vessel? — On the left-hand 
 side." Then he is asked, " Do you remember what provisions were 
 placed in the boats ? — Yes, there were some bags of biscuits and 
 some barrels of biscuits, and some water, and some preserved pro- 
 visions. Anything else? — Water." So that you see, here again, 
 no distinction is made between the lono; boat and the other boat. 
 AVhat provisions were placed in the boats, is the question, and the 
 answer is, not that the provisions and water were put into the long 
 boat, and nothing in the second boat, but the answer is given, as the 
 question was put, with reference to boats in the plural, which would 
 mean, of course, both boats. His answer is, biscuits, water, and 
 preserved provisions Avere put into " the boats." So that up to this 
 time no distinction had been taken by him, no difference made 
 between the two boats ; but at a later period, when he came to give 
 the accoimt before the Court of Common Pleas, he alters that state- 
 ment, and states that the pro\dsions and water were placed in the 
 long boat, while the other boat Avas left Avithout anything at all, 
 except a fcAv biscuits Avhicli became soaked and damaged by the sea 
 Avater. Whj he changed that statement, I do not knoAv ; whether 
 it AA^as to intensify the sufferings AA'hich he represented himself as 
 liaAang undergone, in order to explain the state of insensibility in 
 AA'hich he represents himself to have been on board the ship Avhich 
 saved him, I do not knoAv; but it is the fact that, liaAang in his 
 affidavit, and in his examination before Mr. Roupell, made no dis- 
 tinction betAveen the two boats^ when he comes, four years afterAvards, 
 to be examined in the Court of Common Pleas, he makes that dis- 
 tinction, Avhich is really one of the most striking and prominent 
 featm-es in the whole of his narrative. Mr. Giffard asks him in 
 examination in chief: " Hoav many boats had the vessel got ? — 
 There Avere three. Q. Were they all three in good condition ? — No, 
 one was not. Q. What was the matter Avith that one ? — She had 
 got a hole in her. Q. What Avere the other tAvo boats, I mean in 
 respect of size ? — One Avas a large one, the other was a small one. 
 Q. What Avas done ? — The captain ordered the boats to be prepared. 
 Were they prepared? — Yes. Q. What do you mean by prepared? 
 
 Y
 
 ( 322 ) 
 
 what was done with them ? — All things that were in her were thrown 
 out ; there was a lot of things in the boat, I do not know what, all 
 thrown out on the deck. Q. What was done with the boat after the 
 things were thrown out of it? — There was water and provisions put in. 
 Q. I do not know whether you said ' them ' or ' it '? — No, it was only in 
 one boat. Q. Which one was that ? — The largest." Then he goes on 
 to say that the captain Avith the charts, compasses, and ship's papers, 
 got into the larger boat, directing the mate to take charge of the 
 smaller one. "No," says the mate, "I shall do no such thing." The 
 mate saw that the compasses, pro\dsions, and all that might be useful 
 for the preservation of the boat, and those in it, were going into the 
 larger boat, and, therefore, he declined, according to the defendant's 
 account, to get into the smaller boat, and insisted upon getting into the 
 larger one. The defendant is asked, " Did you hear anything said 
 between the captain and the mate ? — Yes, there were a few words. 
 Q. What do you mean by * a few words ?' do you mean a quaiTel, or 
 what ? — Yes, it was a kind of quarrel. Q. What was it about ? — The 
 captain wished the mate to take charge of the other boat. Q. Of the 
 smaller boat? — Of the smaller boat. Q. What said the mate to that? 
 — He would not do so. Q. What happened? — He went into the 
 same boat as the captain. Q. You say eight of the crew were in 
 the smaller boat ? — Yes." Then he says he himself took to the 
 smaller boat, with no one in command, there being eight men 
 besides himself, Avhile he says six or seven got into the larger boat, 
 the number being smaller than were taken in the lesser boat, 
 because of the larger being loaded, as he says, with water and 
 provisions, and one thing and another. He states positively that 
 they had no water in the smaller boat, and no provisions beyond a 
 few biscuits, which one of the sailors had thrown into the boat, and 
 which had become damaged by sea-water. Then Mr. Giffard asks 
 him : " Did you continue to follow the large boat ? — Yes. Q. For 
 how long ? — We followed the boat all that day, and all the next night 
 and following day. Q. How came your boat not to follow any more ? 
 — We followed the next day and part of the next night, Avhen it came 
 
 on very rough, and the night very dark, and The Lord Chief 
 
 Justice : I am sorry to say I cannot hear a word. — We followed 
 her until part of the second night, when it came on very dark, and 
 we lost sight of her. Mr. Giffard : The next morning, was the 
 other boat, the large boat, in sight ? — No. Q. How had you been 
 supplied with food and drink during the day and the night, and the 
 next day you kept together? — We used to go up to the other boat 
 night and morning. The Lord Chief Justice : For food ? — For 
 food and water." Then he says, the only supply of food they had 
 after the other boat was lost sight of was, in the ensuing twenty-four 
 hours, the soaked biscuits. Water they had none.
 
 ( 323 ) 
 
 Now here a most formidable difficulty presents itself. The two 
 boats are represented as rowing away from the wreck for tAvo days 
 and nights, we must presume in the direction of the land. But the 
 long boat was found, as we know, bottom upwards, with articles of 
 wreck floating in its immediate vicinity. As these articles must have 
 remained more or less stationary, so too must the long boat, or it 
 would not have been near them. The probability, therefore, is that 
 this boat, Avhich Avas on the ship's deck, was set loose and tiu'ned 
 over Avlien the ship went down, and that the articles which had been 
 stoAved in it to make room for cargo — a Avitness speaks to having 
 seen a chest of draAvers in the boat Avhen the ship Avas leaving Rio — 
 Avere turned out of it and remained floating near it. At all events, 
 the fact of the boat and these articles being found near together seems 
 irreconcilable Avith the defendant's story. Besides Avhich there are 
 other improbabilities in it, which render it incredible. In the first 
 place was such a thing ever heard of as that, a vessel being in such a 
 state that she is about to go doAvii, so that the captain and crcAV have 
 to betake themseh^es to the boats, — all the food, and all the water, 
 things absolutely essential to life, should be put into one boat, and 
 those in the second boat be left Avithout provisions or water, and be 
 imder the necessity of making up to the other boat, the one that had 
 all the provisions and water, night and morning, in order to obtain 
 the means of life ? Surely such a thing ncA^er Avas heard of, and 
 Avould not have been tolerated if the crcAV had been divided into two 
 boats. If those going in the smaller boat had found that all the 
 Avater and provisions Avere going to be put in the large boat, 
 they Avould of course have rebelled, and insisted upon liaAang their 
 share. It could not have been otherAvise. Indeed, that part of the 
 story is so incredible, that it had to be abandoned. The learned 
 counsel for the defendant said he could not ask you to believe such 
 a story. With regard to the whole of this narrative, namely, the 
 ship haA^ng tAvelve feet of Avater in her hold, unobserved by the 
 captain, and the putting all the proAasions and water into the one 
 boat, leaAang the other destitute, he admits he cannot ask you to 
 belieA'e the narrative, and puts it strongly that the very fact of the 
 defendant having given this account shoAVS that he cannot be Arthur 
 Orton, because Arthur Orton was a sailor, and no sailor Avould haA^e 
 dreamt of telling a story AA'hich a sailor must have knoAvn Avould be 
 incredible, and carry the evidence of falsehood Avith it. — " If he were 
 Arthur Orton," says the counsel, " he would not have invented that 
 story." Well, that assumes Avhat may be very questionable, which 
 is, that Arthur Orton Avas Avhat may be properly called a sailor, 
 although he had made three voyages, in some capacity, on board 
 ship. But supposing for a moment that Arthur Orton would not 
 have told this story to a felloAv-sailor, does it foUoAv that Arthur 
 
 Y 2
 
 ( 324 ) 
 
 Orton would not have told it to landsmen ? You know sailors say, 
 when they hear something which is altogether incredible, and some- 
 thing which they cannot swallow, " Tell that to the Marines." So 
 a sailor may think that a landsman may possibly believe what a sailor 
 would not. But let us put Arthur Orton on one side for the moment : 
 the learned counsel seems to have forgotten that he has to maintain 
 two propositions ; not only that the defendant is not Arthvir Orton, 
 but also that he is Roger Tichborne. And assuming the story to be 
 so unlikely a one for a sailor to have invented, that you cannot 
 suppose Arthur Orton Avoidd have invented it, the question remains, 
 Avhy should Roger Tichborne have invented it? Supposing that 
 Roger Tichborne was on board the ' Bella,' and that when she 
 foundered and went down, he had, with the rest, taken to the boats, 
 or one of them, for the purpose of sa\ang his life, why should he 
 not have narrated the circumstances according as they happened, 
 according to the truth, not having any object in telling a false story 
 or any possible object in deceiving any one ? If the facts never 
 happened as the defendant has stated them, why should Roger 
 Tichborne have invented those facts and so represented them, 
 knowing them to be false, when he must have known the true facts, 
 and therefore might have told them to us ? This again will become 
 a matter, I cannot help thinking, of very serious moment when you 
 come by-and-by to weigh the evidence for and against the identity of 
 the defendant. Being called upon, as he very properly was called 
 upon, to give an account of how this vessel had perished — no one on 
 board of her having fi-om that time to the time he came forward, 
 a period of twelve years, been heard of — being called upon to explain 
 the otherwise mysterious question of how he came to be saved, you 
 would have expected, I should suppose, from the man who had been 
 thus in^'olved in shipwreck from the foundering of the vessel and 
 saved by taking to the boats, from one of which he was afterwards 
 picked up by a ship, a simple narrative of the facts, which, instead 
 of being involved in falsehood and improbability, should carry upon 
 it the stamp of sincerity and truth. It is impossible, I think, not to 
 feel the force of this reasonino; which at once suggests itself to one's 
 mind, and presses upon one with very great weight and cogency. This 
 was a matter unknown to the rest of the world, because apparently 
 everybody else has perished. Who could give us an account ? The 
 defendant, if Roger Tichborne, could alone tell us what Avere the 
 circumstances under Avliich that vessel went dowTi in the open sea, 
 could alone tell us the circumstances under which he was saved from 
 the destruction one would naturally suppose must have followed upon 
 the disaster. He tells us a story which in its outline and in its 
 details is altogether devoid of credibility and of every appearance of 
 truth. So bad is it, that his own counsel can make no excuse for it
 
 ( 32o ) 
 
 except this, that his client's brain has suffered so much from that 
 which he has undergone, that truth and fiction have become blended 
 in one inextricable maze, and that it is just as likely that he will tell 
 you something which is the creation of his own brain as tell you the 
 truth, and give you the facts, which anybody else whose brain had 
 not become disordered must necessarily have remembered. We shall 
 have to consider that theory with reference to a good many of the 
 points upon which the defendant and the facts appear to be at issue. 
 A fair argument on the part of the learned counsel, if upon the whole 
 you should be of opinion that there is any foundation for it, as an 
 explanation which solves difficulties which are otherwise apparently 
 incapable of solution. 
 
 I now come to the third head, the part relating to the saving ship. 
 You have heard the accoimt which the defendant gives of the way in 
 which he was picked up. They see a ship in the distance ; they 
 endeavour to row up to it; their efforts were, three or four times 
 over, baffled ; the morning was calm ; at times there was no wind, 
 and on those occasions they hoped to get up Avith the ship, and did 
 their best to do it ; but each time they came near her, a breeze of 
 wind sprung up, and she gained upon them. At last they were in 
 despair, but it occurred to one of the sailors to take off a red shirt he 
 was wearing, and to hoist it on the top of one of the oars. This was 
 seen by the ship, she put about, and on the next tack she picked 
 them up. Says the defendant, " At that time I was insensible. 
 I had been baling out the water from the boat with one of the tin 
 cans, but Avhen the vessel actually reached us and picked us up, 
 I had become insensible, and in that condition was taken on board." 
 The vessel was bound to Melbourne, and of course the defendant and 
 that part of the crew which had been in the boat Avith him, being 
 taken into the vessel, were couA^eyed to Melbourne. Now Ave know- 
 that the ' Bella' left Rio on the 20th April, and she Avould be 
 someAA'here about the place AA^here the AATCck was afterAA-ards found in 
 the course of three or four days ; I think it Avas on the fourth or fifth 
 day after she left that the long boat and the articles of Avreck Avere 
 found by the two A-essels, the schooner ' Kent,' and the other vessel 
 Avhich picked some of them up. Noav, it Avovild take upon the 
 aA'erage a A'oyage of some three months fi'om the spot where the 
 wreck Avas found, and at Avhich, or at all CA^ents, within some near 
 approach to Avhich, if picked up at all, the boat's crcAV Avould have 
 been picked up, to get to Melbourne, and the defendant tells us the 
 ship arrived at Melbourne on or about the 24th of the ensuing- 
 July. It Avould thus be just three months that he was on board this 
 vessel. He is naturally asked, " What ship Avas this? giA'e us some 
 particulars about her, because by that means we can test the truth of
 
 ( 32G ) 
 
 your story. If we know the name of tlie ship, if we know the port 
 she hailed from, if Ave know the names of her owners, the name 
 of her captain, if Ave hav^e these particulars, we can go at once 
 to the fountain-head and ascertain the truth of your story. If those 
 who had the naAagation of that ship say they picked you up with 
 part of the ' Bella's' crcAv, a great difficulty is got over." Says 
 the defendant, " I am very sorry, but I cannot give you any positive 
 information. My impression is that her name Avas the ' Osprey,' 
 but it is only an impression. What was the name of her captain ? — 
 My impression is that his name Avas Lewis Oavcu or Oavcu LcAvis, but 
 I am not sure. Can you give us the name of anybody else AAho sailed 
 on board her — mate, stCAvard, or anybody else ? — No. That is all 
 the information you can give us ? — Yes." Well, of course, this infor- 
 mation, such as it was, would haA'^e to be acted upon, and inquiries 
 made ; and supposing that there Avas any foundation for asserting that 
 the name of the vessel Avas the ' Osprey,' of course it Avould occm* to 
 any one that there Avould be no difficulty AA'hatever in ascertaining 
 Avhether in the month of July, on or about the 24th, or in the course 
 of the month of July, or even of August, any vessel of the name of 
 the ' Osprey ' had arriA^ed in Hobson's Bay, AA'hich, as you knoAv, is 
 the port of Melbourne. The first thing to be done for this purpose, 
 and Avhich Avas done, was to make inquiries at Melbourne, to ascer- 
 tain Avhether any such ship had arriA^ed. The place to inquire was 
 of course the Custom House. According to the regulations of that 
 and every other port where Customs' duties are levied, a captain 
 on arriving must report himself at the Custom House ; in addi- 
 tion to w^hich, in all ports there are officers Avhose business it is to 
 protect the revenue, by looking out for ships that arrive, going on 
 board of them, and seeing that the regulations of the port Avith re- 
 ference to Customs' duties and other matters are properly obserA^ed. 
 Inquiry was accordingly made at the Custom House at INIelbourne, 
 but no trace could be formd of any vessel called the ' Osprey,' Avhether 
 of British or foreign nationality, having entered the port of Melbourne 
 at that time. Another inquiry also presented itself. Here was a crcAv 
 of eight persons, besides a passenger, picked up at sea, and brought 
 to Melbourne by a vessel arriving at that port. They Avould not be 
 upon the crcAv list, because they formed no part of the crcAv — they Avere 
 supernumeraries on the vessel fi'om an accidental circumstance. It 
 seems to be admitted on all hands, that in such circumstances it is the 
 usual course for the captain, even if it be not his absolute duty to do 
 so, to report, when he gets to the Custom House, the presence of per- 
 sons who formed no part of his ordinary crew. Besides AA-hich, it ap- 
 pears that at that time the local authorities were A-ery strict in pre- 
 Aenting the introduction of couA^cts. The system of transportation 
 having been stopped, the Australian colonies resisted the introduction
 
 ( 327 ) 
 
 of persons whose conduct in this and other countries had made them 
 persons of whom such countries would be glad to get rid, and every 
 vessel coming into JNIelbourne was boarded by officers Avhose business 
 it was to w\atch and see that no such persons were introduced. So 
 that in addition to the supervision of the Customs upon the arrival of 
 a vessel in the port, there was the supervision of the local police, who 
 boarded every vessel that arrived. No trace is found of any such 
 vessel as the ' Osprey,' or of any shipwrecked crew ha^dng come in at 
 that time. We have had the evidence of a gentleman connected with 
 the local press, and from his evidence I think there cannot be any 
 doubt left in our minds, that except some extraordinary circumstance 
 occurred on this occasion, we should have found the arrival of the 
 ' Osprey,' particularly under such special circumstances of nautical 
 interest, reported in the local papers. There is a paper published at 
 Melbourne, of w^hich Ave have heard before now, called the ' Argus,' 
 and one of the specialties, if I may use the expression, of that paper 
 is its extensive and accurate nautical information with regard to every- 
 thing that relates to merchant ships arriving at or leaving the port. 
 Mr. Cooper, who was called before you, and who was the nautical 
 reporter for this paper, lived in a vessel in the bay ; he had boats at 
 his service, and boarded every vessel that came in ; and as vessels are 
 seen soon after they get round the Heads, which form the extreme 
 ends of the bay, there is plenty of time to prepare to board them 
 on their arrival. He produced the list of the arrivals, and it appears 
 from it that during the month of July, Avith one exception, no ship 
 named the ' Osprey ' entered Hobson's Bay. The papers and lists of 
 those dates were produced, and no ship of that name entered, with the 
 exception of a small schooner built at Glasgow — a schooner of sixty- 
 six tons, Avhich Avent out to Melbourne, and Avas shortly afterAA^ards 
 bought there by a gentleman of the name of Russell. There had been 
 another ' Osprey ' there shortly before that time, a vessel AA'hich had 
 gone out from LiA^erpool — a three-masted schooner — which became a 
 coasting vessel, trading betAA'een Geelong and Adelaide, but AAdiich AA^as 
 Avrecked in Loutit Bay on the 18th June, in this very year 1854 ; she, 
 therefore, was entirely out of the question. There remained, there- 
 fore, so far as the Custom House records and the lists of the 'Argus' 
 exhibited any names of A'essels, only this sixty-six ton schooner which 
 came from GlasgoAv, and arrived there on the 27th July, but AA'hich 
 certainly, as we know from the CA^idence before us, picked up no crcAv, 
 and brought no one into Melbourne. Therefore, as far as we can see 
 our Avay from these sources of information, there Avas no vessel called 
 the ' Osprey ' which could have picked up a shipAA'recked crcAv and 
 brought it into Melbourne, and as the matter so stood, it seemed a 
 very adverse state of things for the defendant's cause. 
 
 It is true the defendant does not profess to speak Avith certainty a£
 
 ( 328 ) 
 
 to the name of the savmg ship. But this in itself presents a formid- 
 able difficulty. It is difficult to believe it possible that a man could 
 have been saved by a vessel from death, and have been three months 
 on board her, and not have ascertained Avhere the vessel came from 
 that had thus picked him up, Avho the OAvners were, who the captain 
 was, what was his name — in short, all those particulars which it 
 would naturally occur to a man under those circumstances to desire to 
 know. For, who can doubt for a moment that those would be things 
 which, if they did not at once become known fi-om conversation with 
 people in such a vessel, a man so circumstanced would desire to learn ? 
 No man who is saved from death by being picked up at sea could 
 fail to ask what was the vessel to which he owed his safety ; or when 
 treated with kindness and humanity by the captain of the vessel, to 
 ask to Avhom he was indebted for rescue from imjjendiug peril, and 
 for kindness thus received. If he was during the time, as the defen- 
 dant has represented himself, in a state of unconsciousness — in a state 
 of delirium from past suffering — he would naturally, when he re- 
 covered, ask for information Avhich, if he had not been ill, he woidd 
 probably have obtained at once. As Avas pointed out yesterday, there 
 was a time, during which it is impossible to suppose the defendant 
 was not in full possession of his faculties, and might have asked for 
 this information. He goes on shore Avith the captain twice. He 
 seeks, as he tells us, to get a passage home ; and you would suppose 
 he Avoidd naturally ask, before he saw the captain for the last time, 
 " Who are you ? Whence do you come ? I have not learnt who 
 you are ; I have not taken the name of your ship ; let me know these 
 things that, at all events upon some future occasion I may have the 
 opportunity of shoAAung my grateful sense of the inestimable kindness 
 you haA'e done me in saving me and bringing me here." The defen- 
 dant says he Avas depriA^ed of the opportunity of doing this, because, 
 having gone on shore on the second day, and having left the captain 
 with the intention of seeing him again, and possibly of returning 
 to the vessel if something should not be determined as to his 
 future proceedings, he met Avith a man who offered him service in the 
 interior of the country, and with whom he Avent to his hotel, and so 
 lost sight of the captain. But here, again, is this, in itself, a probable 
 story? Would not a man, who had received all this kindness 
 — knoAving the captain AA'as on shore, and that he must return to 
 his vessel from the same place at which he had landed, and that liaA'ing 
 come from his vessel in the steam-tug, he would have to go back by 
 it — Avould he not haA'e gone back to the place Avhere he kncAv the 
 captain must come at a giA^en hour, when the steamer went back for 
 the day, and have AA^aited at the landing-place, and said', " Cap- 
 tain, I have come to say good-bye to you. I have had employment 
 offered to me, and as I have no immediate means of returning to mv
 
 ( 329 ) 
 
 own country, I have accepted it, but I could not depart, or allow you 
 to depart, without coming to thank you for the many things I have to 
 thank you for, and ask you for your name and address, that I may be 
 able some day to do Avhat I ought as a man and a gentleman to do to 
 compensate you for the kindness you have shoAvn me." Instead of 
 which, away he goes into the interior. Is that in itself a probable 
 thing ? or has it been resorted to as a means of accounting for the fact 
 that he did not knoAv the name of the vessel or the captain ? Because, 
 if the defendant had once admitted that he had gone to take leave of 
 the captain, he would naturally have been asked, " Do you mean to 
 say you Avent back to take final leave of the captain Avithout taking 
 care to ascertain the name of the ship, Avhere it hailed from, and Avho 
 he Avas, and Avhat place he belonged to ? If such an admission had 
 been made, it would haA^e been impossible to believe that his story was 
 true. Be this, however, as it may, the only vessel the defendant 
 has named being the ' Osprey,' inquiry Avas only made as to the 
 ' Osprey,' and search having been made in those quarters in which 
 the presence of the ' Osprey ' at Melbourne at this time, especially if 
 she had brought the shipAATCcked people Avith her, must have been 
 knoAA-n, no trace of the ' Osprey' is to be found; therefore, says the 
 prosecution, there can haA-e been no ' Osprey.' 
 
 Such Avas the case presented on the part of the prosecution ; but 
 the defendant meets it by eA'idence, no doubt deserA'ing of seriovis 
 consideration. The purpose of it is to shoAV that there Avas an 
 ' Osprey' at Melbourne at this time. Well and good, say they on 
 the other side, but you haA'e to sIioav us that that ' Osprey,' Avhich 
 you say was at Melbourne, brought in a shipwrecked crcAv, and it is 
 impossible that a shipAvrccked crcAv could have been brought into 
 Melboiu'ne Avithout its being knoAvn at the Custom House, or by the 
 persons AA'hose business it Avas to ascertain the name of every person 
 who came into the port, or by the nautical reporters for the ncAvs- 
 papers, Avhose business it Avas to visit every ship, and get an account 
 of any particulars of interest AA^hich might have happened to the 
 vessel on the voyage, such a», for instance, would have been the 
 picking up of a shipAvrecked crew, and a young gentleman of dis- 
 tinction and birth amongst them. But, to this, again, it is answered 
 that the reason it was not knoAA'n was that, at that time, the port of 
 Melboiu'ne was in such a state of confusion OAving to the presence 
 of the gold fever, and the number of ships that Avere coming in erevj 
 day, bringing multitudes of passengers, eager to rush to the gold 
 fields, that m the confusion thus created, the staff of the local autho- 
 rities, the Custom House and the police, Avas altogether inadequate 
 to the pressure of the occasion ; to establish Avhich a very con- 
 siderable body of evidence is brought forAvard. On the other hand, 
 there is evidence on the part of the prosecution shoAving that though
 
 ( 330 ) 
 
 the gold fever still continued at Melbourne in the middle of 1854, 
 it had to a very considerable extent decreased, and that the regula- 
 tions of the port might well be, and in point of fact were, enforced. 
 Upon all these points there is a considerable conflict of evidence. 
 
 The first question to be considered is whether the defence has 
 established to your satisfaction the presence of an ' Osprey' in the 
 port at this time. What the consequences may be Avliich will flow 
 from that fact, if you are satisfied of it, is another question. First, 
 was there at this time, besides the Glasgow ' Osprey' of sixty-six 
 tons, to which I have referred, a vessel named the ' Osprey' in the 
 port of Melbourne ? The defence, as you see, no longer treats the 
 name of the vessel as an impression, it assumes it as a fact. What 
 the defendant represented as an impression is converted into a positive 
 fact, now sought to be established by evidence. Our first inquiry 
 must therefore be whether there was any vessel called the ' Os]3rey' 
 at that time in the port of ]\Ielbourne. But we must look at the 
 question with reference to another Avhich is very essential to the 
 inquiry ; we must have an ' Osprey ' which will adapt itself to the 
 exigencies of the defendant's story. He says : " I arrived at Mel- 
 bourne after a three months' voyage in the ' Osprey,' or the vessel I 
 believe to have been the ' Osprey,' on the 24th of July, or within 
 a day or tAvo of it, one way or the other. I landed on the day after 
 the arrival of that vessel. I returned on board the vessel, and next 
 day landed a second time, and returned to her no more. When I 
 landed I left all the men who had been rescued with me and brought 
 with me to Melbourne, on board the vessel." Therefore we require an 
 ' Osprey' which arrived somewhere about the 24th of July. I think 
 it Avould be very hard indeed to tie the defendant down rigorously 
 to the exact and precise day, because he has said the 24th of July, 
 which Avould just come to three months from the date of the founder- 
 ing of the ' Bella.' I do not think Ave are entitled to say, " If you 
 cannot shoAv that an ' Osprey' arrived exactly at that time Ave must 
 assume that there was no ' Osprey.' " That Avould be too hard. But, 
 on the other hand, we must consider, not the mere question of 
 whether there may have happened to be at that time at Melbourne 
 a A-essel called the ' Osprey,' but whether there Avas a vessel called 
 the ' Osprey,' AA^hich, making any reasonable alloAvance, arrived some- 
 Avhere about the 24th of July, so as to quadrate Avith the statement 
 of the defendant. You may, perhaps, be of opinion that the CAadence 
 establishes the fact that there was an ' Osprey.' But then : Did 
 the ' Osprey,' Avhich you may find to have been in Hobson's Bay 
 at that time, arrive at that time, or was it a vessel which arriA^ed 
 before or after the time at AA^hich the defendant, if he was landed at 
 Melbourne, haA'ing been picked up off the Brazilian coast, must 
 have reached that place ? Let us hear the Avitnesses.
 
 ( 331 ) 
 
 Now, the evidence for the defendant, on this part of the case, is as 
 follows : There is a man of the name of Nash, who states that he was 
 at jNIelbom-ne in the month of July, 1854, and that he went on board 
 a vessel called the ' Osprcy,' a three-masted vessel. I asked him 
 how she was rigged, and he said that originally she was barque- 
 rigged, but had no yards on her foremast. He supposes they had 
 been sent down for repairs or something. He says she was a round- 
 sterned vessel, painted black, nearer 300 than 400 tons burthen. He 
 says he was at Melbourne three weeks before he went on board 
 her ; that he thinks her cargo was still in her, but saw none ; a cir- 
 cumstance which might be material, because, if her cargo was still 
 in her, the probability Avould be that she had only recently come into 
 port ; and he infers that the cargo was in her from the position in 
 which she was in the water, though he did not see it. He is not 
 certain whether he saw her name on the quarter or the stern, but 
 believes that she was a vessel from Baltimore ; but he is sure that 
 the name ' Osprey' was either on her quarter or stern. He is quite 
 sure he saw it, though he is not sure where. This part of his evi- 
 dence is material with reference to the nationality of the vessel. He 
 first said he thought he saAv the word ' Baltimore ' somcAvhere on the 
 vessel. AfterAvards he swore he saw it. He is asked : " Tell me 
 what you say you read written or painted on her ? — I read ' Balti- 
 more.' That you swear? — Yes. The Lord Chief Justice: I 
 thought you said a moment ago you ' thought ' it Avas ' Baltimore ' — 
 No, my Lord, I am sure I saAv the word ' Baltimore.' " It turned 
 out that I Avas correct, because my Brother Lush reads from his 
 note, " Yes, I think I saAv ' Baltimore.' " " Now you say you are 
 certain? — Yes, I am almost positive that I did see it. Mr. Hawkins : 
 Was that all ? — And the ' Osprey' ; but I am not sure Avhere I saAV 
 it. The Lord Chief Justice : Where did you see the Avord ' Balti- 
 more ' ? — On her stern. Mr. Hawkins : That you do remember, do 
 you ? — I am almost positive of it. Q. Was anything else on her 
 stern except ' Baltimore ' ? — I am not sure, I could not say. Q. Have 
 you any recollection of seeing ' Baltimore ' ? You must surely be 
 able to give some better description of it ? — It would depend on my 
 position going on board. I might see the word ' Baltimore ' and 
 not see the other name. Q. Did you see ' Baltimore ' and not the 
 other name ? — I am not sure. The Lord Chief Justice : You 
 are not sure you saAv the name where ' Baltimore' Avas? — I am not 
 positive, my Lord; but I think it was on the stern." Then there is 
 a cross-examination as to the exact position, but the man sticks to 
 it, that he saAv the Avord ' Baltimore.' He is not sure Avhether 
 it was on the quarter or stern, but still he says he saw the Avord 
 * Baltimore.' Q. " Do I understand you to say you have a recollec- 
 tion of seeing the name in one place on the vessel, and ' Balti-
 
 ( 332 ) 
 
 more ' on anotlier ? — Yes, that is what I say ; her name might 
 have been on the quarter, and I believe it was, and also on the 
 stern, ' Osprey of Baltimore,' and my position coming on board 
 would hinder my seeing one portion of the name, and I might 
 only see the other." Now the importance of this is, that we have 
 evidence from America as to the vessels named ' Osprey,' which 
 were at that time in the American Mercantile INIarine, and there is 
 very strong evidence, which I shall come to, to show that there 
 was no ' Osprey' belonging to Baltimore at that time. The man's 
 o^vn account of how he went on board is strange. He had nothing 
 to do with vessels at that time, he had been to the diggings Avliere he 
 had picked up some gold, and his statement is that having come to 
 Melbourne to enjoy himself, and spend his money, and hearing that 
 there was an American vessel in the port, for no other reason than 
 that he had formerly been in the American Mercantile Marine, he 
 and two friends of his started fi'om Melbourne, and came down to 
 Hobson's Bay for no other purpose than that of going on board this 
 American vessel. He fomid no one on board, he says, but the ship- 
 keeper. He never went in search of any other American vessel but 
 this one ; he came down with these tAvo fi-iends, and went on board 
 and looked round the vessel and left again, and went back to 
 Melbourne. 
 
 The next A\itness is a man of the name of Goodyear, now 
 a publican at West Cowes. His account is that, being at Melbourne 
 all 1854, he was on one occasion on board a steam -tug which plied 
 in the harbour of Hobson's Bay, called the ' Comet' ; a vessel that 
 used to go from the one side of the Bay, Sandridge, to the other 
 side, Williamstown ; and also made daily passages up the river 
 Yarra-yarra to Melbourne and back again. He was going from 
 Sandridge to Williamstown on either the 23rd or 24th of Jul}-, 
 when the captain of this steam-tug, the ' Comet,' ran alongside 
 a vessel, a three-masted schooner, and took some seven or eight men 
 from the schooner, and landed them at Sandrido-e. He savs that the 
 name of this vessel was the ' Osprey,' and that these people who 
 were thus landed, and who are presented to you as a shipwrecked 
 crew who had been saved fi'om this vessel the ' Bella,' were dressed 
 in what might be called go-ashore clothes. They had blue jerseys 
 and white trousers, and appeared to be in good condition ; he says 
 they had sailors' bags with them which appeared to be frill. There 
 was with them a landsman, dressed in a landsman's dress, who, of 
 course, is presented to you as Roger Tichborne, the man who had 
 been saved with the eight or ten men fi^om the ' Bella.' The 
 witness is asked what appearance this man presented. He says he 
 was from 28 to 30 years of age; he had not the appearance of having 
 been ill nor did he appear worn out in any way. He saw this
 
 ( 333 ; 
 
 landsman with seven or eight men taken from on board this 
 ' Osprey' and landed at Sandridge. It may be said this is the very 
 ship that is wanted ; and certainly at first sight it is very like the 
 thing : an ' Osprey,' Avith seven or eight men landing from her, with 
 a landsman, a yonng man of 28 or 30. That looks very much as if 
 it agreed with what is wanted. But there are, as you will see, 
 serious difficulties about it. In the first place, the people who were 
 saved from the ' Bella' had no clothes except what they stood up in, 
 they had saved nothing. Here are men, dressed in holiday clothes, 
 Avho have fidl bags. That could not well square with the men so 
 saved ; and then the landsman could not have been the defendant. 
 For the defendant expressly tells us that he went on shore with the 
 captain, leaving the seven or eight men behind on board the 
 ' Osprey.' Therefore this stranger accompanying the crew, who 
 is presented to you as the Sir Roger we are in search of, certainly 
 will not do. Besides which, this man may be telling the truth that 
 he did see people taken out of the ' Osprey' for aught I know ; but 
 his date is of the most unsatisfactory character, for he could not give 
 any reason whatever for fixing the date at the time he does. He 
 gives us the 24th of July as the date ; the fact would just as well 
 suit any other date. " How do you know it was on the 24th of 
 July? — I cannot tell. Have you anything to fix it in your memory? 
 — No. Why do you say that was the day? — Because I do say so." 
 Now I must say a man must have a very remarkable memory indeed 
 who can imdertake to say after twenty years that he can recollect the 
 particular day in the particular month in the particular year that 
 such a thing happened ; that he saw men taken out of a particular 
 ship and taken on shore, having nothing to fix the date on his mind. 
 So much for that. 
 
 The next witness is Mr. Russell. He is a very different sort of 
 witness. Not only is he a man of perfect respectability, but he fixes 
 the time by reference to a particular fact, and his evidence is, there- 
 fore, I think, much more weighty and cogent than that of the last 
 witness. Mr. Russell is a merchant, who in 1854 was carrying on 
 business in Sydney and had frequent occasion to go to Melbourne. 
 He purchased the small ' Osprey.' He saw her advertised for sale 
 and went to Melbourne to look at her. Having gone on board her 
 and examined her with the view of buying her, he is told that there 
 is, by an odd coincidence, another vessel called the ' Osprey' lying 
 close by. Having been to see the one ' Osprey' with a view of buying 
 it, although the other was much larger than he wanted, curiosity 
 induced him to go and look at the second ' Osprey.' He describes 
 her as a vessel of between 300 and 500 tons — he cannot fix it nearer 
 — and as having a deck house between the foremast and the main- 
 mast. She had, he thinks, a round stern ; and then he states a fact
 
 ( 334 ) 
 
 in respect of whicli he differs from every other witness who has been 
 called — being asked as to her figure-head, he says: "I think she had 
 a white figure-head, to the best of my recollection a white bird, 
 representing the osprey — a sea fowl." He agrees with the rest that 
 she had three masts, and says she was what is called a three-masted 
 schooner, and that she looked like a Baltimore clipper, and he 
 describes her rig thus, that she had yards on the foremast, but none 
 on her main or mizen mast — so that she would be in the strict sense 
 of the term a three-masted schooner. Now that this gentleman did 
 go on board this vessel one cannot help feeling is clear. First, he is 
 a man of respectability, and carried the conviction of truth in the 
 statements he made. But when was it ? He is cross-examined as to 
 whether it may not have been in May or June ; but inasmuch as he 
 says he went on board the small ' Osprey' it must have been later. 
 For the small ' Osprey' did not arrive in Melbourne until the 
 27th of July ; consequently, it must have been later than that date 
 that he went on board this larger ' Osprey.' He says to the best of 
 his recollection she had the name of ' Osprey' on her stern. He is 
 not quite sure as to the position of the deck house : it may have been 
 between the main and mizen mast. We have it therefore satis- 
 factorily proved by this gentleman, who, as I said before, is a witness 
 entitled to credit, that he did go on board a vessel called the ' Osprey' 
 in the harbour at Hobson's Bay; and I think the circumstance 
 to which I have adverted respecting the date gives a degree of 
 probability to his evidence which the evidence of some of the other 
 witnesses does not carry with it. For I must say that much of this 
 evidence staggers me very much — not that I assume that the 
 witnesses do not intend to tell us the truth, but I am astonished at 
 the prodigious power of memory in the persons to whose evidence 
 I am calling your attention, and who, most of them, have not, like 
 Mr. Russell, any particular circumstance to fix the date or the name 
 of this vessel upon their memory. Mr. Russell says, I know it was 
 the ' Osprey' for the reason that I went on board of her because that 
 was her name ; I had just inspected and made up my mind to buy 
 the small ' Osprey' ; and it was only because I was told that there 
 was a vessel lying close alongside which was also an ' Osprey' that 
 I went on board ; it excited my curiosity, and I thought I would 
 go and have a look at her : it Avas a larger vessel than I wanted, 
 but curiosity induced me to go on board. But when persons 
 come and say that twenty years ago they were lying in such and 
 such a ship in a large harbour like Hobson's Bay, in which there 
 were at this time upwards of two hundred vessels, and that they 
 recollect after all those long years that there was a vessel upon 
 whose quarter or stern they saw a particular name painted, and 
 that they remember the precise date, I can only say I am sur-
 
 ( 335 ) 
 
 prised at sucli a prodigious power of retention. I do not know 
 whether it has ever happened to you to be on board a vessel lying in 
 harbour, either a pleasure yacht, or business vessel, or a ship of war ; 
 and that being surrounded by other vessels, either looking through 
 your glass, or with the naked eye, you saw a vessel lying at a certain 
 distance from you, Avhich had such and such a name painted upon 
 her quarter or stern, as the case may be — unless there was something 
 to bring that vessel more closely into connection with yourself, did it 
 make anything more than a mere passing impression ? If you go on 
 board a vessel, because it is a friend's, or because you have business 
 there, I can understand your recollecting it any length of time ; you 
 may recollect the going on board that particular vessel, and under 
 Avhat circumstances ; but suppose that all that happens is that you see 
 a vessel and chance to see her name, do you think that after several 
 years you would recollect that the vessel was called this, that, or the 
 other, or that she was a vessel of this or that particular character and 
 description ? I do not mean to say that these witnesses do not 
 believe what they are telling us ; it may be all perfectly true ; I will 
 not judge of other people's memories by my own, but I am quite 
 sure it is a thing I should not recollect. I make a distinction betAveen 
 other witnesses and INIr. Russell, because there is a particular circum- 
 stance which would impress a recollection of the ' Osprey ' on the 
 mind of Mr. Russell. He is a Avitness Avhom I presume you will feel 
 yourselves bound to believe, Avhen he says he did go on board an 
 ' Osprey ;' if so, there must have been an ' Osprey ' in the bay. 
 
 I pass next to a witness named Liardet, a respectable gentleman, 
 no doubt. He had been clerk of the peace at a place in New South 
 Wales ; he was clerk to the justices and commissioner of the crown 
 lands in the district. Pie came to Melbourne, he tells us, in the 
 month of July, 1854, and when he arrived he saw an 'Osprey' 
 there. He says that on the morning after his arrival he AA^as out in 
 a boat belonging to his brother-in-laAV, who was the principal emigra- 
 tion commissioner at INIelbourne. Being out in his brother's boat, 
 his attention AA'as directed by some of the crew of the boat to a par- 
 tictilar vessel, AAdiich turned out afterwards to be an ' Osprey.' The 
 man who pointed out the ship made a statement to him, but this, of 
 course, could not be received. He says she was a very fine looking craft. 
 He told the men to puU round her, and he went on board, but only 
 saw one or tAA^o people. "Did you ascertain her name? — Yes. What 
 was her name ? — They told me she Avas the ' Osprey.' " He thinks 
 he saw the name painted on her. At all events they told him that 
 was the name. Then he is stopped. Mr. HaAvkins objects to his 
 repeating Avhat had been told to him, and it ends there. But he is 
 again asked if he saAv the name ; and he says, " I think I did : I 
 think the name was painted on her stem." He had asked questions
 
 ( 336 ) 
 
 on board, but we could not have that gone mto, but he again says, 
 " They told me, on board, her name was the ' Osprey,' " and, some- 
 how or other, he was allowed to say, " They told me she came from 
 South America." He is asked, " As well as you do remember, you 
 saw the name ' Osprey' painted ? — Yes, I think so." No doubt this 
 gentleman did go on board some vessel — I have no doubt he intended 
 to tell us the truth — and he was told she was an ' Osprey,' and came 
 from South America; but when he fixes this as occurring in July, 
 it turns out — and, therefore, his recollection cannot be implicitly 
 tnisted — that he is under a complete misapprehension; for it was not 
 until the ensuing year that this gentleman can have been in Mel- 
 bourne at all. For he fixes the date with reference to a particular 
 circumstance : he says that he knows when it was, because it was 
 contemporaneous with the departure of Sir Charles Fitzroy fi*om 
 Sydney, Sir Charles Fitzroy having been governor of that part of 
 the colony. He tells us that Sir Charles Fitzroy, as one of the very 
 last acts of his government, gave him a month's leave of absence 
 from the public employment which he then held, and that he availed 
 himself of that month's leave of absence to go to Melbourne, and that 
 this was the time wdien he saw this vessel. Thus he fixes the date. 
 " Sir Charles Fitzroy," he says, " left in Jidy. He gave me leave 
 of absence the last thing he did, and I left the port of Sydney, not in 
 the same vessel in which Sir Charles Fitzroy was, but in a vessel 
 which started a few hours afterwards." Now the date of Sir Charles 
 Fitzroy leaving the colony is fixed with perfect precision. We had 
 Mr. and Mrs. ISIarsh called as witnesses, who left Sydney for England 
 in the same vessel with Sir Charles Fitzroy, Mr. Marsh coming over 
 as a commissioner fi'om Australia to the Paris Exhibition of 1855. 
 And not only is the date fixed in that way, but j\Irs. Marsh kept a 
 diary, as everybody would be wise in doing, because no one can tell 
 whether an event which they so record may or may not some day 
 become of importance to themselves or to some one else ; and she 
 fixes the date that she and her husband came home Avith Sir Charles 
 Fitzroy. She produced her diary, Avhich showed that they left 
 Sydney on January the 27th, 1855. Therefore, as the last act of 
 Sir Charles Fitzroy before leaving the colony was to give Mr. 
 Liardet his month's leave of absence, and in that month of leave 
 Mr. Liardet came to Melbourne, leaving Sydney on the same day 
 with Sir Charles Fitzroy, it is proved to demonstration that he could 
 not have gone on board the ' Osprey ' earlier than the 28tli or 29th 
 of Januaiy, 1855. I do not know how many days it is from Sydney 
 to Melbourne, but he could not have been at INIelbourne until the 
 very end of Januarj' in that year. His statement, therefore, that he 
 went on board the ' Osprey ' in Hobson's Bay in July, 1854, proves 
 to be entirely erroneous, and it shows us what a treacherous thing
 
 ( 337 ) 
 
 memory is with respect to the date of ti'ansactions and events which 
 have taken place at a distant period. 
 
 Then Ave have a person of the name of Lockhart, who was in 
 Melbourne, in the service of persons of the name of Lumsdale and 
 Lockhart, merchants and agents there in a large way, having as 
 many as two hundred ships' names on their books, which they 
 supplied with stores, and it was his business to board ships imme- 
 diately on their an-ival. He says that in July or August he was on 
 board the steamer the ' Comet,' of which we have heard before, when 
 his attention was directed by Captain Carder, the captain of the 
 steam-tug, to some seafanng men or sailors in appearance, who were 
 on board the ' Comet ' at the time. He is asked if he had any con- 
 versation with them ? — " I had with one who was a captain. Do 
 you mean their captain, or simply a captain? — A captain." He 
 says this captain pointed out the vessel to him, and made a state- 
 ment — There he is stopped : " You must not tell us what he 
 said." Then he describes what sort of a vessel she was. " She was 
 square-rigged on either two or three masts, that is — " he is quite 
 right as to this — " she was either a barque or a ship. She was at 
 anchor." He says she had "an elliptic stern, something between a 
 square and a circle." He is asked whether amongst these people 
 who were on board the ' Comet,' the sailors he was talking to, there 
 was any passenger, and he says there was. Then he says, " We 
 Avere going from WilliamstOAvn," — which, you know, is on the 
 opposite side to Saudridge, where the other man landed his eight 
 or nine men with blue jerseys and white trousers — " We Avere going 
 from WilliamstoAvn to Melbourne." He is asked Avhether these 
 sailors had any sea-boxes or chests Avith them, and he says, " I did 
 not see any." Consequently, this must have been a different crew 
 from those Avho were seen going ashore in the blue jerseys and white 
 trousers. These Avere a totally distinct set of men. " Did these 
 men go up with you from William stoAAai to Melbourne ? — Yes, to 
 Melbourne, in the steamer, the ' Comet.' Mr. Justice LuSH : Did 
 you take them on board the ' Osprey ' at WilliamstoAvn ? — They 
 were on board before me ; the first time I saw them was on board 
 the steamer. Mr. Justice Mellor: You got in at WilliamstoAvn ? — 
 At WilliamstOAAai. A Juror : Hoav Avere they dressed ? — I do 
 not know ; as sailors generally are, rather of a nondescript. The 
 Lord Chief Justice : Were they all dressed alike ? — Just 
 dressed like sailors AA'ho Avere hard ivp ; they Avere not dressed in 
 fine go-ashore clothes. Mr. Justice Mellor : They Avent to Mel- 
 bourne? — They Avent to Melbourne." Then AvIth regard to the 
 one man Avhom he calls the captain, he is asked, " How was the man 
 you called the captain dressed ? — Dressed like a man going to town. 
 I do not knoAv Avhether his coat Avas black or dark green. Q. Had 
 
 z
 
 ( 338 ) 
 
 he a naval dress ? — Like a mercliant captain going to toAvn." Then 
 I ask, " Would yon have knowTi him as a seafaring man from his 
 dress ? — Yes, and his conversation." Then they wanted to go into 
 the conversation but that was objected to and stopped. Then one 
 of the Gentlemen of the Jury asked him the question whether these 
 people were dressed alike, and he repeats again, " It is not at all 
 likely," and he does not think it was so. Then he is asked by 
 Dr. Kenealy what countryman this captain appeared to be Avho was 
 with these men. " Well," he says, " I thought he Avas a Welshman, 
 but I may have been mistaken ; he may have been ; I thought so." 
 That, you know, woidd certainly agree with the name of Lewis 
 Owen or Owen LcAvis, if this captain was the captain of the ' Osprey,' 
 but there is nothing to show us whether this captain going ashore 
 with these people was the captain of the ' Osprey,' or some one sup- 
 posed to be part of the same crew as these men belonged to. He 
 says from his speech he took him to be a Welshman ; that might be 
 purely accidental. Then he is pressed as to the time when this 
 occurred. He said he believed it was in June, July, or August, but 
 he had said on a former examination that it might have been May, 
 June, or July, which is not the same thing. He is pressed on that 
 by Mr. Hawkins, and does not get very Avell out of it. His former 
 examination is read to him as follows : " Do you know the period of 
 the year ? — It may have been May, June, or July. Q. Are you 
 not able to say with any certainty which of those months it was ? — 
 No ; I know it was some months previous to October. Q. But you 
 have no record of anything of that kind to bring back to your mind 
 the actual month ? — No. Q. Can you tell me what the season was, 
 winter or summer? — It was summer. Q. The summer of this 
 country or the summer of that ? — The summer of that country : it 
 was very hot w^eather ; the seasons are the reverse of Avhat they are 
 in England. Q. Do you mean July is the winter or summer there ? 
 — July is winter there. Q. Are you sure it was one of those months ? 
 — No ; I went up the countiy in October, and it was fearfidly hot at 
 that time. Q. And it was some time before that? — Some months 
 previous to that. The Lord Chief Justice : I took down, ' No, 
 it was some months prior to October, it was the summer of that 
 country — very hot weather,' did you say so ? — I said in October, it 
 was very hot weather when I went up the country. I remember it 
 was blowing a very hot wind." That having been read to him, he is 
 asked, " Are you now able to say wdiether it was winter or summer ?" 
 — Then the witness answers, " when you asked that question on the 
 foi-mer examination I did not understand your question distinctly, 
 and I gave you very distinctly to understand that I referred to the 
 warm weather when I was speaking of the month of October ;" and 
 he complains that the questions were pressed too rapidly on him.
 
 ( 339 ) 
 
 Mr. Hawkins points out that it was not lie who put the questions, 
 but Mr. Serjeant Ballantine. Then Mr. Hawkins repeats the ques- 
 tion which Serjeant Ballantine had asked, " ' Can you tell me what 
 the season was ' ?" and reminds him that he gave the distinct answer 
 "It was summer." " Do you recollect now whether it was summer 
 or winter ? — Yes. Q. Wliat was it ? — Now I say that it was two 
 months previous to the 7th September. Q. Two months previous 
 to the 7th September? — I say so now. Q. That would be the 7th 
 July ? — I cannot tell you to a day. Q. Tavo months previous to the 
 7th of September ? — Yes." Then, " I suppose you have something 
 that fixes that ? — At that time I had not. Q. Have you now ? — 
 Yes, I have now something that fixes the date. Q. You now say, 
 as I understand, it Avas tAvo months prior to the 7tli of September. 
 From your fixing tAvo months prior to the 7th of September, I 
 assume, perhaps, wrongly, that you have something to fix that par- 
 ticular date in your mind. What is there on the 7th of September 
 that fixes that particular date In your mind ? — I say it Avas about two 
 months previous to the date that this bears (producing a document). 
 Does your Lordship Avish to see it? Q. Tell us Avhat it Is? — This 
 is the date of a piece of parchment, the 7th of September, 1854, 
 Avhen the circumstance occurred. Q. What is that paper ? — It is a 
 masonic certificate of an event that occurred on the 7th of September. 
 Q. Where did it occur ? — In WIllIamstoAATi. Q. While you Avere 
 staying in IMelboume ? — In WIlliamstoAAT]." Mr. Haavkixs : " You 
 say it was about two months before that ? — I think about two months. 
 Q. Perhaps a little more than tAvo months, as you smile? — Yes, 
 because one time you ask me to say it Avas tAvo months after, and 
 then you say tAvo months before. Q. I do not care a farthing, only 
 let us miderstand ? — My Impression Is, It Avas two months before : 
 1 ou can make it tAvo months before that or tAvo months after, as you 
 please." Then my Brother Lush asks : " Have you anything AAhich 
 fixes your saying it Avas tAvo months before ? — I knoAv the dress I 
 had on the day it occurred, AAdiich fixes it In winter : at that time 
 I had a pair of thigh-boots on, which I Avas not likely to Avear in the 
 summer." Here again Ave are in a difficulty, for if it was tAvo 
 months before the 7 th of September-, it Avould take us back to the 
 7 th of July, Avhich Avould be too early. 
 
 Now, I do not suppose that this man Intended to say anything 
 untiiie, and I do not think it fair to the Avitness, Avho may have made 
 a mistake about a date, to pin him doAATi to the precise date of the 
 7 th of July, or some other day in July about tAvo months previous 
 to the 7th of September, Avhen he may have mistaken one month for 
 two ; but it only shoAvs Avith regard to a matter of date, hoAv dan- 
 gerous and unsatisfactory it Is to trust to evidence of witnesses vmless 
 there is something i-eallvto fix a date In their minds. 
 
 z2
 
 ( 340 ) 
 
 The next witness is a man of the name of Francis Long-land, who 
 was at Melbourne taking contracts as a brickmaker, and who was 
 there, he says, in the year 1854, backwards and forwards, trading to 
 the diggings. He says he was at Sandridge in July, and met — here 
 Ave have another shipwrecked crcAv — three American sailors at Sand- 
 ridge, with one of whom he had himself sailed with from America at 
 a previous period, and Avhom he knew again. Being at Sandridge 
 in July, he took a boat to a ship called the * Gipsey,' lying off 
 Williamstown ; and he went on board the ' Osprey,' which was 
 lying 200 or 300 yards off. He says she was a three-masted 
 schooner. He thinks she had a square fore-yard. There might be 
 one yard on her ; he did not see more. The yards were down ; he 
 only saw one yard. " On the foremast ?— On the foremast, I believe." 
 He says there were hundreds of vessels lying at that time in Hob- 
 son's Bay ; and then he is asked whether these sailors gave him 
 some account of themselves ? — " They did : they told me — " Then 
 he is stopped and told that what they said to him is not admissible 
 in evidence. " Did they go on board the ' Osprey ' ? — They did. 
 They went on board the ' OsjDrey,' " — that is, from the ' Gipsey ' — 
 " I went on board with them. Did you remain on board with them ? 
 — Perhaps an hour ; and then came with them ashore again. The 
 Lord Chief Justice : They came ashore again with you ? — Yes. 
 Mr. Justice Lush : Where to ? — To Sandridge." Then Dr. Kenealy, 
 addressing himself to me, says : " iMay I ask, my Lord, what they 
 went on board the ' Osprey ' for ?" Then I say : " If they did some- 
 thing, yes ; but if it is a conversation, it would be inadmissible. If 
 they did anything it would be different." Then the witness is asked, 
 " Did they do anything on board the ' Osprey ' ? — They went to see 
 for their mates. Were their mates there ? — No." Then Mr. Haw- 
 kins objects to anything further ; and the witness says that they Avent 
 back to the shore. The witness says there was only one man on 
 board, who, he believes, was ship-keeper. " Dr. Kexealy : I believe 
 you kept them for some days at your house? — Two or three days. 
 Q. Did you give them anything? — I gave them food, and gave them 
 some clothes; they were destitute. The Lord Chief Justice: You 
 kept them at your own house ? — Yes, my Lord, they had been wrecked, 
 and lost everything." Then Mr. Hawkins objects, and the evidence 
 is not gone on with further. The witness gave them food and 
 clothes. He distinctly says they were men " out of the three-masted 
 schooner," the ' Osprey.' Thereupon I observed that the vessel we 
 had just before heard of from the last witness was a barque-rigged 
 vessel, which is a totally different thing. " Dr. Kenealy says : I do 
 not care how she was rigged, so long as she was an ' Osprey' that was 
 there, after the evidence that Ave have heard from the prosecution ; 
 we have heard no end of evidence there AA^as no ' Osprey.' The Lord
 
 ( 341 ) 
 
 Chief Justice: In that point of view I agree with yon. But we 
 must not mix up a crew from an ' Osprey,' a three-masted schooner, 
 with a crew from a barque; though I agree with you that if you want 
 to show there was an ' Osprey' in the bay, it is reasonable to show a 
 dozen ' Ospreys' if you can. Dr. Kenealy to the witness : You 
 gave those poor fellows food and clothes ; after that where did they 
 start for? — They took ship to Callao. Mr. Justice Lush : As sea- 
 men ? — As seamen. The Lord Chief Justice : In an outward- 
 bound vessel? — In an outward-bound vessel. Q. Two of these 
 sailors you had never seen before ? — I never had : one of the three 
 was a sailor that came over with me from New York. The Lord 
 Chief Justice : How recently before ? — Mr. Serjeant Parry : 
 After that, was it not ? — No, we landed in June ; I met him the next 
 July along with the other two sailors." He afterwards corrects that, 
 and says they landed in the June of the previous year, 1853. Q. " Then 
 you saw the same man again in 1854 ? — In July, 1854. Mr. Serjeant 
 Parry : He was with the other men ? — He was Avith the other two 
 men that I did not know. The Lord Chief Justice : Did you 
 know his name ? — ' New York' they called him ; I never knew a 
 sailor's name. Mr. Serjeant Parry : They called him ' Ncav York ? ' 
 — Yes. Q. HoAv long do you say these sailors stayed Avith you ? — 
 Tavo or three days, perhaps three days." Noav this, you see, is a 
 third shipwrecked crcAv AA^ho had come from on board a vessel of the 
 same name, the ' Osprey,' only a different vessel apparently from the 
 one Avhich Avas rigged as a barque. Thus we liaA^e first the men in 
 blue jerseys and white trousers; they came from an ' Osprey.' Then 
 Ave get men in common sailor's attire, and Avho looked like sailors in 
 a loAv condition ; they also came from an ' Osprey.' And noAv we ha\'e 
 three more men, who had mates, but the mates are not forthcoming, 
 AA'ho are taken on shore by the last Avitness, Avho houses, feeds, and 
 clothes them because they are destitute and had lost CA'-erything by 
 shipAATeck, and these men went aAvay to Callao. So that Ave have 
 three A-essels and three crcAvs, yet Ave have no report of a shipAvrecked 
 crew at the Custom House, or in the ncAvspapers — a state of things — 
 though I do not say that either of these Avitnesses is necessarily speak- 
 ing false — Avhich is certainly what a Frenchman Avould call embarras 
 de richesse, an embarrassment arising fi-om superfluity. You are 
 asked to select out of those different ' Ospreys' and crew^s one Avhich 
 will fit the exigencies of the defendant's case. Dr. Kenealy says, 
 with an air of triumph, " What does it signify to me — I place three 
 ' Ospreys' before you : take your choice." It is a very easy way of 
 getting out of the difficulty to say, I do not care to pick out the 
 ' Osprey' and the creAv Avhich are to represent the saAing ship and the 
 crew of the 'Bella;' I leave you to do that: it is enough for me to 
 show an ' Osprey' and a shipwrecked creAV. You and I, hoAveA'er,
 
 ( 342 ) 
 
 Gentlemen, must take care to have the right one, one that Avill fit 
 with the circumstances to which the defendant has spoken— a vessel 
 arriving at the period, and bringing Avith it a crew corresponding 
 Avith the number and description of the ' Bella's ' crew saved with the 
 defendant in the boat, as he represents. 
 
 Then we have a man of the name of Tizard, a respectable man 
 enough, a sailmaker, now at Southampton, Avho says that in June, 
 1854, he Avas one of the crcAv of the steamship, ' Queen of the South,' 
 at that time trading betAveen London and Melbourne and Sydney ; 
 that they arrived at Melbom-ne at the latter end of July and stayed 
 there three days. He is asked : " Did you notice any ship in par- 
 ticular lying in Hobson's Bay ? — Yes. Q. What do you call her ? 
 — I called her, and took her to be, a three-masted schooner" — Now 
 this is a sailor who Avould knoAv perfectly AA^ell AA'hat a schooner is. — 
 " She may have been a barque dismantled Avith her afteryards doAvn. 
 Q. Did you see her carry any yards ? — One yard on the foremast, the 
 foreyard. Q. What colour was she painted ? — Dark ; Avhether it Avas 
 black or dark green I cannot say. Q. What Avas her name ? — The 
 * Osprey.' Q. What flag did she fly? — The American flag." Then I 
 ask: "Where was her name painted? — I rather think, I am not cer- 
 tain, I Avill not SAvear whether it was on the quarter. Q. You will not 
 be certain? — I Avill not be certain. Q. The name 'Osprey' was on 
 the ship ? — Yes. Q. You read it ? — Yes." Then my Brother Lush 
 asks : " You said an American flag ? — Yes. Q. Was she at anchor 
 then ? — At anchor. Q. When you Avent in? — She came in after we 
 w^ere there." Then Dr. Kenealy asks : " Into the Bay? — Into the Bay. 
 Q. What build Avas she of? — I took her to be an American ship, Ame- 
 rican built at the distance ; I Avas a quarter of a mile fi-om her." Then 
 one of you Gentlemen asks : " Hoav long after you Avere there did 
 she come in ? — We were there, I should think, tAvo days. We Avere 
 three days in JMelbourne altogether." Then my Brother Lush asks 
 this question : " You were three days there ? — Three days discharg- 
 ing." Then my Brother Mellor asks, " You say she came in after 
 you got there? — She might have been lying doAvn inside the Heads. 
 Mr. Hawkins: He said she came into the Bay." Then I ask, "The 
 Bay is a very large place ? — Yes. Q. You call it all Bay as soon as 
 you get inside the Heads ? — We commonly do ; no doubt there are 
 other names. Q. Hobson's Bay embraces the AA^hole up to the 
 Heads? — Yes. Q. She AA-as near up to you, near WilliamstoAvn ? 
 — Yes." Then my Brother MeUor asks: "Hoav long had you been 
 in the Bay before you saAv her ? — Two days. You cannot see 
 the vessels entering the Heads Avhen lying at Hobson's Bay ; it is a 
 long distance. Q. It Avas tAvo days, as I understand, after you had 
 arrived and anchored, that she came in ? — Into Hobson's Bay. Q. 
 Into Hobson's Bay? — Yes, my Lord." Then Dr. Kenealy asks:
 
 ( 343 ) 
 
 " Did she look like any other nationality but the American ? — I 
 could not take her for any other but American. She may have been 
 a foreign built ship. Q. Did you know the 'Comet' steamer? — 
 Quite well. Q. Did she come alongside of you ? — Yes. Q. Had 
 she any sailors on board ? — Nothing but her crcAv then, at the time, 
 her own men. Q. What ? — Nothing but her own crew at the time. 
 Q. Where Avas she coming from ? — She had been alongside the 
 ' Osprey' and other ships in the Bay." Dr. Kenealy : " Do not 
 tell me Avhat it Avas, only answer 'yes' or 'no:' did the people on 
 board the ' Comet' make some statement ? — Yes." Then Mr. HaAv- 
 kins objects to evidence of that statement, and it stops there. Noav 
 the importance of this man's evidence is this. He says, " My atten- 
 tion Avas directed to a ship, a three-masted A^essel, and I saAv she Avas 
 an ' Osprey.' I saw the ' Comet' go alongside the ' Osprey ;' then 
 the ' Comet' came from alongside the ' Osprey' alongside of us ; and 
 when she came alongside of us, some statement AA'as made Avith refer- 
 ence to this ' Osprey,' AA'hich fixes the name ' Osprey' in my recollec- 
 tion." In that Avay this fact of the ' Comet' coming fr-om the ' Osprey' 
 to the ' Queen of the South,' and then of a statement being made to 
 him — though that statement is not evidence — tends to shoAv that 
 there was something to make him recollect the ' Osprey' in conse- 
 quence of what Avas said to him. The witness Avas cross-examined 
 with reference to the time this occurred, and it appeared that he 
 shipped in England, as one of the crcAv of the ' Queen of the South,' 
 on the 4th of April, and Avas discharged, on his return to England, on 
 the 13th of October. There Avas then a good deal of cross-examination, 
 AA'hich I think it hardly Avortli while to go into, to see AAdiether, betAveen 
 these tAvo dates, the exact and precise time at AAdiich the " Queen of 
 the South' Avas at Melbourne can be fixed. I think it turned out, 
 that it Avas not AA^ien he called at INIelbourne, on his passage out, 
 but on the return from Sydney to Melbourne, Avliere they stopped as 
 usual, that he saAV this vessel come in. He is a respectable man, 
 and fixes having seen about this period a vessel Avith the name 
 ' Osprey,' SAA'earing A'ery positi-'-ely as to the name. " Are you quite 
 certain," asks Mr. HaAA^kins, " you saw the name upon the A^essel 
 you have been speaking about ?— Yes , I saw her name upon her. 
 Q. You are quite sure of that ? — I am sure I saAv her name on 
 her." He is reminded that he Avas a quarter of a mile off, but he 
 adheres to his point. " Where Avas the name ? — She had a round 
 stern ; not quite round ; a kind of a half OA^al ; her name was all on 
 the quarter." Then he is pressed about the form of the stern ; but he 
 adlieres to it that she Avas a A'essel Avith a kind of half OA'al — Avliat is 
 called an elliptic stern — AAdiich in nautical language Avould be called 
 a round stern ; and that her name was on both quarters ; he read it 
 with the glass, and saAV it distinctly. Q. " Could you make anything •
 
 ( 344 ) 
 
 out of her as to where she hailed from? Did you look Avith your 
 glass ? — No, I did not, I never looked ; the ' Osprey' was all that I 
 saw." Then he is asked, by way of testing his memory, not an 
 unfair test to apply, because we are dealing with a matter that 
 occurred twenty years ago — " Were there other vessels lying close 
 to her ? — There were vessels around her. Q. Do you recollect the 
 vessel lying next to her ? — No. Q. Do you recollect any vessel lying 
 near her?" He remembers one — "The ' Bosphorus' Avas the first 
 vessel, she Avas lying alongside of us. Q. That is a good reason for 
 recollecting the ' Bosphorus' ? — Yes. Q. Do you remember anything 
 that Avas not lying alongside of you ? — Nothing but a hulk or two that 
 had cargo in. Q. There Avere lots of vessels lying there? — Plenty 
 of vessels at William stowTi. Q. The only one that you remember, 
 except the one lying alongside of you, is the one lying a quarter 
 of a mile off? — One vessel is one way, the other is the other. Q. Not 
 the name? — No. Q. Nor the build? — No. Q. Nor the rig? — 
 No ; I remember the ' Royal Charter ' there." Then he is pressed as 
 to the rig of the ' Osprey.' " You say she was dismantled, either 
 a three-masted schooner, or a barque dismantled ? — Yes. Q. Were 
 her yards doAA^n ? — If she Avas a barque her yards must haA^e been 
 down. Q. Were they ? — I cannot say ; I Avas not on board her. 
 Q. You had got a good spy-glass? — You cannot see a ship's deck and 
 buhvarks over another. Q. You can see her masts ? — You can see 
 her masts, they are perpendicular, up. Q. You can see AA'hether 
 the yards Avere there ? — The yards may be on deck." He is asked 
 about the difference betAveen barques and other three-masted vessels. 
 Then I ask, " Had she a maintop ? — It Avas not a top ; it Avas a kind 
 of cross-tree. Q. Is that Avhat a barque has?^ — Some barques have 
 a maintop ; American ships have cross-trees. Q. But a barque has 
 a maintop ? — A barque has both fore and maintop. Q. This vessel 
 had not ? — This A^essel had nothing but a cross-tree the form of the 
 top. Q. Not a top ? — I should not call it, but very likely they did." 
 Then I ask him, " Do you mean to say sailors really call cross-trees 
 tops?— At times, in the general way of speaking. Q. A very 
 general way of speaking indeed ? — If they sent you aloft. Q. Is not 
 the distinction betAveen a three-masted schooner and a barque this, 
 that a barque has a maintop on the mainmast? — So has a three- 
 masted schooner; some has and some has not." Pie fenced a good 
 deal Avith these questions, but I think the result is that the descrip- 
 tion he meant to convey Avas that she Avas a three-masted schooner as 
 distinguished from a barque. 
 
 Then there is a man of the name of Handley, Avho Avas on board 
 the ' Queen of the South ' at the same time Avith the last Avitness, and 
 he represents that he saw this A-essel ; his attention was directed to 
 her ; she was a three-masted schooner or barque, dismantled, nearly
 
 ( 345 ) 
 
 black ; he slioidd think a Swedish or American-built vessel. Then 
 I ask him: "Are they built like one another? — Yes, very similar. 
 Dr. Kexealy : What flag did she carry ? — American. Did you 
 know the 'Comet'? — Yes, a steamer." Then he says the same 
 thing about seeing the ' Comet' come away from the ' Osprey,' 
 which the last witness had spoken to. 
 
 Then there is another witness of the name of Goodrich, who says 
 he was employed at Melbourne by Price and Fricker, auctioneers 
 and store agents. He does not say he saw this vessel at the time she 
 was laying in Hobson's Bay, but he gives e^^dence Avhich is material 
 as showing there certainly had been an ' Osprey' there, though 
 he does not fix the date of it. He says, that in February, 1854, his 
 employers received a quantity of general goods into the store, marked 
 
 * Osprey,' Avhicli had been brought up to Melbourne in lighters. 
 They Avere American goods, consisting of a variety of cargo— lobster 
 cases, oyster cases, jam cases, preserved fish and fruit, flour in barrels, 
 implements, shovel handles and mining shovels, window sashes and 
 doors for the building of houses. He says these goods Avere after- 
 wards sold on account of the OAATier, a Mr. G. S. Evans, out of the 
 Avarehouse of his employers. Whether these goods had been con- 
 signed to Mr. Evans or had been bought by him at Melbourne out 
 of the cargo at Flobson's Bay, does not appear. He further states — 
 and here we have a fourth shipAvrecked creAV — that in September he 
 Avas asked to subscribe for some shipAvrecked sailors, and did so. He 
 fm'ther states that two years later, in 1856 or 1857, he being then in 
 the employment of Mr. Throckmorton, a lighterman, a A'essel called 
 the ' Osprey' came into Mr. Throckmorton's possession, not in the 
 character of a ship or sea-going vessel, but as a dismantled A^essel 
 Avhich had been cut doAvn and turned into a lighter. He represents 
 that the vessel had evidently been originally of American build, but 
 they had, of course, taken her masts out of her, and had cut down 
 her bulwarks almost to her deck, and taken out the deck, so as to 
 convert her from a ship into a lighter, to be used only for the pur- 
 pose of conveying goods, being toAved by a steam-tug, and used for 
 that purpose betAveen Hobson's Bay, AA-here the ships lie, and Mel- 
 bourne, AA'hich is eight or ten miles vip the riA^er. Then comes the 
 question : " Hoav do you knoAv that this vessel Avas called the 
 ' Osprey'?" He says that all he knows about it is this, that Avhen 
 he first saw her, there Avas no name painted upon her, but when she 
 was adA^ertised as going up the riA^er, conveying cargo, they used to 
 chalk upon a board the name of the lighter in question as the 
 
 * Osprey ' ; AAdience he assumes that she must have been originally so 
 named, before she Avas converted into a lighter, and still continued 
 to be so called. That is all he knows about it. There is a long 
 cross-examination about the character of the goods, which he says
 
 ( 346 ) 
 
 were not consigned to his employers, but were placed in their cus- 
 tody to be warehoused and afterwards sold by them as auctioneers, 
 but nothing turns upon this. He stuck to it stoutly, and apparently 
 spoke the truth, that all these goods — that is all the goods capable 
 of it— had the name of the ' Osprey' put upon them as goods that 
 had come out from somewhere or other by an * Osprey.' Now if 
 these goods had not been American goods, it might have been pos- 
 sible that they might have formed part of some cargo which Avas on 
 board the coasting schooner, the ' Osprey,' Avhich Avas lost in Loutit 
 Bay on the 18th of June. But I take it that Avhen goods are put 
 on board a coasting vessel for the purpose of being conveyed along 
 the coast, it is not usual to mark the name of the vessel in Avhich 
 they are embarked ; therefore, I do not think that these goods could 
 have formed part of the cargo of that A-essel Avhen lost; the more 
 so as it appears that they Avere, if this Avitness is right, American 
 goods, of that class Avhich Americans Avere in the habit of bringing 
 into Melbourne. 
 
 Then we have the CAddence of a person of the name of John 
 Richards, who was a seaman on board the quarantine boat belonging 
 to the quarantine establishment of Hobson's Bay, Avhich Avas used 
 for conveying the medical officer Avho boarded all A^essels to see 
 that the health on board Avas good, and that there was no danger 
 of infection from the A^essel coming further into the harbour. He 
 states that about the middle of the year 1854, very much about the 
 period we are talking of, he took the doctor on board a A^essel which 
 had upon her quarter or stern the name of the ' Osprey.' " I do not 
 remember the month," he says, " but it Avas about the middle part 
 of the year." " Where was her name ? — On her quarter. Q. What 
 build should you say she was? — She was foreign built, either an 
 American or a NorAvegian ; something of that sort ; I do not think 
 she Avas English built. Q. About AA^iat was her tonnage ? — About 
 400 tons, registered tonnage. Q. Hoav many masts had she? — Three. 
 Q. Do you remember hoAv she Avas painted ? — As far as I can recol- 
 lect, she Avas painted black." Then he is asked about her figure-head — 
 you recollect that the * Osprey' which Mr. Russell described had a 
 figure-head in the shape of a Avhite bird, a sea fowl, Avhich might repre- 
 sent an osprey. The other Avitnesses say that the figure-head of the 
 * Osprey,' to Avhich two or three of them spoke, Avas either a fiddle or 
 a billet-head; the difference betAveen AA^hich, as you knoAv, is that the 
 one is turned up and the other doAvn ; in other respects they are the 
 same. Noav he says that he and the others of the boat's crew took 
 the doctor to a vessel that had this name upon her quarter, and they 
 remained alongside until the doctor came back again ; and in the 
 meantime there Avere some men on board of the vessel Avho spoke to 
 the boat's crcAv as they lay alongside. " Hoav many ? — Fi'om five to
 
 ( 347 ) 
 
 eight; I cannot say nearer than that." Then Dr. Kenealy addresses 
 himself to the Court and says, " May I ask, did they make any 
 request?" Mr. Hawkins objects. Upon this a discussion arises as 
 to the admissibility of the evidence; in the result we allow the 
 question to be put in the folloAving form : " Did they make a request 
 to the sailors in the doctor's boat ? — Yes. The Lord Chief Justice : 
 Did you comply with it ? — No." Then we could not have it farther. 
 He then goes on to say that when taking the doctor on shore they 
 passed a spot where the masts of a sunken ship were visible, and he 
 says that the doctor told him the name of the ship. Of course what 
 the doctor told him with reference to the name of that ship could not 
 be received according to our strict rules ; but what he evidently meant 
 to say was, that the doctor told him the name of the sunken ship, 
 connecting the name in some w^ay or other with something concerning 
 the ship they had just left ; but -what the name of the sunken ship 
 was we unfortunately could not have. " Have you any memorandum, 
 he is asked, or anything Avhich would enable you to fix the date ? — 
 No, nothing ; no date. It was about the middle of 1854, that is all." 
 Then I asked him : " Have you any date as to anything that fixes 
 that ? — It was about the time w^e used to go and get the pelicans' 
 eggs off the Island ; they lay them about the month of June or July 
 — nothing else. Q. But what is it that fixes it as in 1854 ? — I have 
 a letter to prove that I was there at the time. Q. How long Avere 
 you there? — from the end of 1852 till when ? — The end of 1854." 
 Then it is put, " The end of 1852, during the year 1853 to the end 
 of 1854 ? — Yes. Q. Can you undertake to swear, or have you any- 
 thing to guide you, that it was not in the year 1853 you visited an 
 * Osprey ' ? — Yes ; I have got a cup that was given to me at that 
 time and an engraving upon it of January, 1854; and this was about 
 four months after that — four or five months ; four or five ; I cannot 
 exactly say." He says there is no record kept of ships that come 
 in if they are healthy, but only of the ships that are put in quaran- 
 tine ; therefore there was nothing to fix it in that way. With regard 
 to the nationality of the ship, one of you Gentlemen of the Jury ob- 
 served with regard to her being Norwegian, that that Avas out of the 
 question, because certainly ' Osprey ' Avould not be a NorAvegian name. 
 On this I said, " Certainly not; but she might have had some other 
 name originally, and afterAvards had her name changed to the ' Osprey '; 
 so that the ' Osprey ' would not be the NorAvegian or SAvedish name, 
 but the name given to her on being brought into the American trade." 
 I was referring then to the statement of Luie, Avho told us that the 
 ship he spoke of as the ' Osprey' was a ship AA'hich had been originally 
 a SAvedish vessel and had come fi'om SAveden to America, and there 
 — either at Baltimore or Ncav Orleans — the latter I think — had been 
 brought into the American INIarine, Avhereupon her name had been
 
 ( 348 ) 
 
 changed from the ' Helvetia ' to the ' Osprey.' The witness is asked 
 who gave him this cup, and he said Dr. Hunt, that is the medical 
 gentleman in whose ser\dce he had been, and who had given him the 
 silver-gilt cup as a memorial. Here again is a Avitncss, a credible 
 man, who certainly says he went alongside a vessel in which there 
 were eight or nine men who made some request, we do not know 
 what, probably to be taken ashore, which w-as not complied with, 
 because it was contrary to the regulations that the doctor's boat should 
 take any one on shore until the police had been on board. Here is a 
 man who says, I was present alongside a vessel four or five months 
 after a particular thing was given to me, which has the date Avhen it was 
 given to me on it, and I saw the name of the ' Osprey ' on that vessel. 
 There can be little doubt that he is right as to the fact of his having 
 seen a vessel called the * Osprey,' a vessel with that name upon it; the 
 only question is, whether we are quite certain that he is right as to 
 the date, when, at the end of tw^enty years, he says it was four or five 
 months after a given date, namely, January. My Brother Lush sug- 
 gests that that would only bring it to May or June, which certainly 
 would be a great deal too early for the arrival of any vessel that could 
 have picked up the crew of the ' Bella ' off the Brazilian coast, the 
 vessel from which that crew Avas saved having gone down somewhere 
 about the 24th of April, while the date Avould be quite consistent with 
 the vessel having been the three-masted schooner ' Osprey ' that was 
 lost in the June of that year. 
 
 There are one or two more witnesses on this subject. There 
 is a Avitness of the name of George Mallinson, now an architect in 
 Leeds, who was in Melbourne fi'om July, 1854 to April, 1855. He 
 went out by that same ' Queen of the South,' and states that he 
 arrived on the 11th of July. In the latter part of that month his 
 attention was directed to a ship called the ' Osprey,' which he 
 describes as painted black, as having three masts, and a Avhite deck 
 house. This gentleman was, I think, rather a flippant witness. He 
 thought it necessary to inform us that he had been induced to come 
 forward by the evidence given by Mr. Childers ; that he was so 
 dissatisfied with that evidence that he had volunteered to appear 
 and state against the evidence of Mr. Childers what the state of 
 things was at Melbourne at that time ; and he declares that the gold 
 fever w^as raging there with all the intensity and fury which charac- 
 terised it at its most active period. With regard to the ship, he says 
 her masts were all standing, but there were no yards on the masts, 
 they were all unshipped; but that he should call her a schooner; that 
 she was rigged on her main and mizen masts as a schooner, whatever 
 may have been the rig of her fore-mast. He therefore bears testimony 
 to the fact that, at this period, that is towards the close of July, 1854, 
 there was an ' Osprey ' in the port of Melbourne.
 
 ( 349 ) 
 
 The next witness, George Bell, left England in January for New 
 Zealand, and found his way, afterwards, to Melbourne, arriving there 
 in February, 1854. He goes to certain diggings, and is back at Mel- 
 bourne about the beginning of July, having come there, like a former 
 witness we had, to spend the money he had made at the diggings and 
 enjoy himself. In July, 1854, he was amusing himself by sailing and 
 rowing about the bay, when his attention was called to a vessel Avith 
 three masts, which looked, in appearance, like a slaver, flying the 
 American flag, with black hull and no painted ports, which he says 
 was peculiar, and that her name was the ' Osprey.' He describes her 
 as having a deck house between what he calls the mizen and foremast, 
 which he does not succeed in explaining very satisfactorily, but I sup- 
 pose what he meant was, that the mainmast went through this deck 
 house, because, otherwise, one does not understand how there could 
 have been a deck house between the mizen mast and foremast. He 
 declares he saw her name painted on her quarter, and that the name 
 he so saw was the ^ Osprey.' He is asked about her figure-head, but 
 has no recollection of it; he never went on board the vessel. 
 
 Then we have that remarkable witness, with whom this series 
 closes. Captain James Brown, who tells us there was a barque, called 
 the ' Osprey,' in Rio, in 1853, an American vessel, from Baltimore; 
 and he says that afterwards, when he heard the * Bella ' was lost, it 
 occurred to him that, from the course that vessel, the ' Osprey,' would 
 be likely to take in sailing from a port in America to Australia, she 
 would be likely to pass over the spot, or near the spot, where the 
 ' Bella,' had foundered, and would be likely to pick up the crew of the 
 ' Bella,' — a strange speculation to enter into the mind of a man, even 
 if there had been no circumstances to detract from the credibility of 
 his evidence. This is the man who told so many strange things 
 which have been positively contradicted by the testimony of highly 
 respectable witnesses. 
 
 By a Juror : Would a vessel, sailing fi-om Rio to Australia, sail 
 northward or southward ? 
 
 The Lord Chief Justice : Southward. 
 
 By a Juror : The ' Bella' was going to New York, therefore she 
 would go northward ? 
 
 The Lord Chief Justice : Yes, it woiild be so. "Well, I do not 
 suppose, after what has happened, and what we have heard about 
 Captain Brown, that you will attach very much importance to that 
 man's evidence. 
 
 I have now gone tlu'ough the different witnesses in respect to the 
 presence of a vessel, or more than one vessel, named the ' Osprey,' in 
 Hobson's Bay at this particular period. No doubt it was a very
 
 ( 350 ) 
 
 considerable difficulty in the Avay of tlie case of the plaintiff in the 
 former action (the now defendant) that no ' Osprey' could be found, 
 and that the defendants in the action were enabled to say that the 
 Custom House at Melbourne had been searched, and that no trace 
 of an * Osprey' at that particular time had been found. Now, that 
 difficulty, so far as it goes, would doubtless be removed if you are 
 satisfied that there was an ' Osprey,' or more than one ' Osprey,' in 
 Hobson's Bay at this particular conjuncture. It would get rid of 
 that very serious difficulty Avith which the defendant's case had 
 formerly to contend ; subject always, as I have already pointed out, 
 to such an * Osprey' being there concurrently with the time at 
 which, if he amved at all as having been saved fi'om the ' Bella,' 
 the defendant must have arrived at Melbourne. It Avould be 
 perfectly useless to make out there was an * Osprey' in Hobson's 
 Bay in the month of June. It would be equally idle to show there 
 was an ' Osprey' there in the month of September. A vessel can 
 only be, except under extraordinary circumstances, a given time in 
 performing the voyage between the spot where the ' Bella' Avent 
 doAvn, or Avhere a part of her crew which had taken to one of her 
 boats would have been picked up, and Melbourne ; and making 
 allowances for the variation that will take j)lace between one voyage 
 and another, even in the same vessel, you still must bring it within 
 certain reasonable limits, either above or below the common average. 
 The common average, I take it, the defendant has pretty nearly 
 stated — a three mouths' voyage ; we therefore require to fix an 
 ' Osprey' in Hobson's Bay at that particular period. Does this 
 evidence satisfy you, not only that there was an ' Osprey,' or more 
 than one ' Osprey' in Hobson's Bay, but that an * Osprey' came into 
 Hobson's Bay at such a time that it could have been the saving 
 vessel which he represents as having picked him up ? Unless you 
 are satisfied as to the time, the fact of an ' Osprey' being there, 
 although to a certain extent it gets rid of the defendant's difficulty, 
 advances his case but little. 
 
 That being so, let us ask ourselves whether the evidence before us 
 for the prosecution and the defence leads us to the conclusion, firstly, 
 that there Avas an ' Osprey,' and, secondly, that, if so, the ' Osprey' in 
 question Avas a ship AAdiich coidd by possibility have saA^ed the people 
 from the ' Bella.' Now we have the startling^ fact that the records 
 of the Custom House of Melbourne have been searched for the 
 months of July and August, and that no trace of any ' Osprey' 
 is there to be found. We have the fact besides, that the lists of the 
 ' Argus,' so carefully collected by the local agents, active in collecting 
 nautical intelligence of every kind — giA'e no indication of any vessel 
 of that name except the little ' Osprey,' Avhich we know could not 
 have been the ship in question. Is it possible that this vessel.
 
 ( 351 ; 
 
 a vessel of 400 or 500 tons, could have entered the port of Melbourne, 
 and brought with her a shipwrecked crew, and that that crew could 
 have landed, Avithout its being known by the authorities and in some 
 way placed on record ? As regards the crew, it is said, and may be 
 said with effect, that though, if the local regulations had been strictly 
 and effectually carried into execution, it would have been impossible 
 for a ship\vi'ecked crew to have been landed without the police 
 authorities or the emigration people knowing about it, or without 
 its being recorded at the Custom House, yet that the port of 
 Melbourne was at that time in such a state that the authorities 
 could not meet the pressure which Avas put upon their staff', and it 
 consequently proved inefficient. There is a considerable body of 
 evidence before you to show the state of Melbourne at that time 
 with reference to the great number of ships coming into the bay, 
 owing to a rush from all parts of the world to the gold fields in the 
 hope of picking up gold. On that subject, however, there is a conflict 
 of evidence. Mr. Childers, a very high authority, who was at the 
 head of the customs, and who ought to know, if anybody should know, 
 what the state of things was, says, that although there was still 
 a great influx of people flocking to the gold fields, the gold fever had 
 in a great degree subsided, and that there Avas nothing to prevent 
 the local re2:ulations beino^ carried out. Mr. Childers has been 
 abused for coming forward as a witness. I must say, anything so 
 uncalled for it is difficult to conceive. Why, because a prosecution 
 is instituted by the government, a member of the government, if he 
 can afford useful information to elucidate the truth, should not be 
 called upon to give evidence, and should not do so, I cannot 
 conceive. In my opinion, if, when called upon in the furtherance 
 of justice to afford information he was possessed of, Mr. Childers 
 had declined from any false delicacy to appear as a Avitness, he Avould 
 have been singularly Avanting in his duty. I am glad, therefore, he 
 did come for\A'ard to give us such information on the subject as it Avas 
 in his poAver to give. 
 
 But that evidence is met by other eA'idence, and you must judge 
 for yourselves Avhich is best entitled to credit. There is one piece of 
 evidence Avhich presents itself to my mind at this moment, and that is 
 the evidence of Mr. Marshall, a gentleman called for a totally different 
 purpose. He was the agent of the ' Themis,' a name AAdiich you will 
 not forget. He Avas called for the prosecution with reference to that 
 A^essel, but he AA^as asked in cross-examination AA'hat Avas the state of 
 Melbourne as to the gold fever at that time. He said, having been 
 the agent for a number of A^essels at Melbourne, that the gold fever 
 had subsided to a considerable extent, that there was no difficulty at 
 that time in the port (because the pressure Avas not Avhat it had been) 
 in obtaining clerks or a sufficient staff for government pui'poses, and
 
 ( 352 ) 
 
 that there was no difficiilty in obtaining- crews to navigate the 
 vessels home, the difficulties which had existed at one time having 
 ceased. 
 
 But, however this may be, I can quite understand that, with 
 every anxiety to carry out the local regulations, there being at that 
 time some two hundred vessels in the bay, there must still have been 
 a very considerable pressure, and a crew of seven or eight men 
 coming in on board a vessel at that time might escape the vigilance 
 of the police and get on shore, and it is quite possible that no 
 mention may have been made by the captain of his having these 
 supernumerary persons on board his ship, although it would be his 
 duty to report it. But there is a much greater difficidty about the 
 ship. In a great city like Melbourne there is a Custom House 
 establishment on a large scale ; there are Custom House officers, 
 and we know how quick and active such officers are ; yet we are 
 asked to believe that a ship of 500 tons can have come into Hobson's 
 Bay, the port of Melbourne ; can have lain there for weeks, and 
 altogether escaped the vigilance of the police, even if the captain did 
 not report at the Custom House, and failed in discharging his duty 
 in that respect. I confess that that strikes me as a somewhat 
 improbable statement. That a shipwrecked crew may have got on 
 shore I can understand, but how such a vessel could have escaped 
 the Custom House officers when she was coming in, it being the 
 uniform practice for one or more of the Custom House officers to 
 board a vessel when she is coming in, I do not know. It was the 
 duty of the captain to go to the Custom House and report himself 
 and his ship. Can we suppose that if he did not do it the Custom 
 House officers would allow that ship to remain there for a con- 
 siderable period, without any officer going on board to see the Cus- 
 toms' regulations properly earned out ? It seems a somewhat startling 
 proposition. Of course the difficulty woidd be greatly increased if 
 there were two or three ' Ospreys,' all there at one and the same time, 
 as some of the evidence would tend to establish, each of which had 
 landed a shipAvrecked crew, because it implies that aU these vessels 
 must have eluded the vigilance of the Custom House authorities. 
 Assume, however, that there was an ' Osprey' in Hobson's Bay, and 
 that an ' Osprey' brought in a shipwrecked crew, Avhat I should ask 
 you to consider carefully is whether the result would not be, that while 
 you would not reject the evidence tending to show there Avas an 
 * Osprey' in the port, you would very much doubt whether such an 
 ' Osprey ' can have arrived in the month of July or August, as repre- 
 sented, and may think she must have come in at some antecedent 
 or subsequent period. Unfortunately, most unfortunately, I think, 
 the gentleman who went to Australia to investigate at the Custom 
 House as to whether an ' Osprey ' did come in at the time the
 
 ( 3j3 ) 
 
 defendant spoke of, only searched for the particular period at which 
 the defendant's ' Osprey ' would have arrived. If he had investi- 
 gated a month or two, or perhaps three or four months before, or for 
 a corresponding time afterwards, he might have very likely come 
 upon some ' Osprey,' which would have corresponded with one or 
 other of those vessels that have been spoken of. That search, 
 however, was never made. The search was limited to the precise 
 period, and it then seemed sufficient. The defendant having said he 
 arrived on the 24th of July, or within a day or two of it, one way or 
 the other, it appeared to be sufficient to search the Custom House 
 records for a month previous to, and a month after that date. 
 
 By a Juror : I cannot reconcile that date with the pocket-book, 
 which says " the 3rd or 4th of June aiTived at Hobart Town." 
 
 The Lord Chief Justice : That is another thing which we 
 shall consider hereafter, when w^e come to the pocket-book. I am 
 taking the defendant's evidence as it stands, and am inquiring how 
 far the evidence which leads to the conclusion that there was an 
 * Osprey' in Hobson's Bay, at the time he says he arrived, is con- 
 sistent with his statement or not. 
 
 There is this further difficulty : according to the defendant's ac- 
 count the captain did go to the Custom House, and therefore must 
 have reported his ship. I do not mean to say that the defendant 
 swore that the captain reported, but his statement is, that the captain 
 went to an establishment Avhich he believes was the Custom House. 
 We know that a Custom House is generally a building of some 
 external pretensions, probably has the name "\^Titten over it, and it 
 is not likely a mistake coidd have been here made, supposing the 
 whole story to be a true one. We must take the story, analyse it, 
 break it up into its several parts, and see whether the different 
 parts are consistent. The defendant says the captain went to what 
 he understood to be the Custom House, and we must assume he 
 went there in the ordinary course of business. If he did so, the 
 ' Osprey ' must have been reported, and in that case an entry would 
 have been made. He would produce his papers, go through the 
 necessary forms, and the ship would be entered ; yet, Avlien the 
 record is searched, there is no name Avhatever of ' Osprey.' There- 
 fore, even if you should be of opinion that there was and must have 
 been some ' Osprey ' in the port of Melbourne, as spoken to by 
 Mr. Bussell, there nevertheless remains a serious difficulty, owing to 
 the doubt whether there covdd have been an ' Osprey ' that came in 
 at that time. 
 
 You may be of opinion upon the Avhole body of evidence Avhich is 
 before you, and to Avhich I have called yovir attention to-day, that 
 there was an ' Osprey ' in the port of Melbourne. Now, taking it 
 
 A A
 
 ( 354 ) 
 
 lor granted tliat tliere was a ship of that name called the ' Osprey ' 
 in the port of ]\Ielbourne, several states of things are possible. An 
 ' Osprey' may have come into Melbom-ne, but she may not have 
 brought in a shipwrecked crcAv. A shipwrecked crew may have 
 been brought into Melljourne at that time, but it may not have been 
 brought in by the ' Osprey.' Again, it is possible the ' Osprey ' may 
 have brought a shipwrecked crcAv, but it may not have been the 
 ' Bella's ' crew. It is quite possible that the ' Osprey ' may have 
 brought in some other crew Avhich she picked up somewhere else ; 
 and it is quite as probable that she picked up a shipAvrecked crew 
 somewhere else as that she picked them up the other side of the 
 Atlantic. It is many thousand miles from the place where the 
 ' Bella ' went down to the port of INIelbourne. There is the whole 
 range of the intermediate ocean, and the vessel might have picked 
 up a shipwrecked crew on her course, Avhich was not the crew of the 
 ' Bella.' Again, it might be the crew of the ' Bella,' but even if 
 that were true it would not necessarily follow that Roger Tichborne 
 w^as with them. Lastly, Roger Tichborne may have been with 
 them, and yet the defendant may not be the man. 
 
 Gentlemen, I think it my duty just to put succinctly before you 
 the different speculative possibilities — for they are but speculative — 
 which occur to my mind on the subject, and to reason them out with 
 you. It is possible there may have been an ' Osprey ' in Hobson's 
 Bay, but not at such a time as would be concm-rent with the narra- 
 tive of the defendant. It is also possible there may have been an 
 * Osprey ' which did come in at the right time. It is possible that 
 an ' Osprey ' may have brought in a shipwrecked crew, but that ship- 
 wrecked crew may not have been the crew of the 'Bella;' and when 
 we consider what were the circumstances under which the wreck of 
 the ' Bella,' the remains of her, the things belonging to her, were 
 found, you may perhaps draw the inference that it was not the crew 
 of the ' Bella ;' because it has been put to us on nautical authority 
 that the fact of the long-boat being found bottom upwards in the 
 immediate neighbourhood of portions of the Avreck, would lead 
 properly to the inference that the vessel had gone down suddenly in 
 some squall, that she had carried down with her the boats which 
 were attached to her davits, while the long boat, being on deck, 
 woidd very likely roll over as the ship went down and so be found 
 bottom upwards. But that again is a matter of speculation, and may 
 not be sufficient to warrant us in stamping as impossible the state- 
 ment that the crew took to the boats and that the one boat may have 
 got away with safety, and afterwards been picked up. Noav, then, let 
 us suppose it possible that the ' Osprey ' did brmg in a portion of 
 the crew of the ' Bella,' which had taken to the lesser boat. Of 
 course it would by no means follow that Roger Avas AAnth that portion 
 of the crew which Avas in that boat ; on the contrary, the probability
 
 ( 355 ) 
 
 would be the other way. We have been told that it would be the 
 duty of the captain, under such circumstances, to take his passenger 
 with him ; and certainly it would strike one that when thei'e were 
 two boats, to which the persons on board betook themselves, the 
 passenger would be likely to desire to cling to the captain, more 
 especially as the captain took Avith him into the larger boat, 
 besides the provisions and the Avater, the compasses and all those 
 things which were essential to safety ; but the defendant has, of 
 course, never represented that he made the slightest effort to go 
 in the larger boat ; nor, supposing, for the purpose of the argu- 
 ment, that his story was not a true one, could he have repre- 
 sented himself as going in that boat, because the long-boat Avas found 
 bottom upAvards ; therefore, anybody aaIio got into that boat must 
 have perished, and so there Avould have been an end of the story of 
 Koger. But here again, Ave are merely speaking of probability ; 
 and although it might be scarcely probable that Koger Tichborne 
 was brought in, even suj^posing the creAv of the smaller boat 
 was picked up, yet it is a possible thing. We must look at the vast 
 mass of conflicting facts before us, and at the case in all its beaiings. 
 Suppose Roger had been picked up and brought into Melbourne, it 
 Avould not necessarily folloAv that the defendant is Roger. It Avould 
 no doubt relieve the case of the defendant from a vast deal of the 
 difficulty Avhich attaches to it ; still it Avould leave the other facts of 
 the case standing, and in the result, the ascertained and undisputed 
 facts of the case might be so strong as to lead irresistibly to the con- 
 clusion, that although Roger might have landed in INIelbourne, the 
 man who comes forward as Roger is not Roger. For instance, to 
 illustrate Avhat is in my mind — suppose a man had come forward 
 who was much taller than Roger, and Avho, instead of being five 
 feet eight inches and a half or near about that height, Avas six feet 
 high, or who Avas much shorter than Roger, being only five feet six ; 
 or suppose a man with red hair instead of dark broAATi, or a man 
 with a turned-up nose instead of an aquiline nose ; or suppose a man 
 had come forAvard Avho had a congenital mark about him instead of 
 a man aa^Iio had none, or that the man aaIio Avas in question had a 
 scar on liis face, and the man aa'Iio came forAA^ard had none; or 
 was not tattooed, whereas the other man had been. A A^ariety of 
 things of that sort present themselves to the mind as circumstances 
 under Avhich it Avould be impossible that the man aaIio asserted himself 
 to be the man Avhose person he assumed, could be the man he pro- 
 fessed to represent himself, though it might be proved to demon- 
 stration that the latter got safely on shore. 
 
 First let us ask ourselves Avhether there is any fair, reasonable pro- 
 bability that this vessel, the ' Osprey,' or any other vessel, picked up 
 and brought into INIelboiu'ne the shipAvrecked crcAv of the ' Bella,' as 
 
 A A 2
 
 ( 35G ) 
 
 stated by the defcudant. According to liis account, there were seven 
 or eight persons of this crew. The saving vessel, as he describes 
 her, was a large vessel, a vessel of 400 or 500 tons. He says she had 
 a captain and officers, and a crew of seventeen or eighteen men. She 
 had besides on board, according to his account, eight or nine pas- 
 sengers, making altogether very nearly thirty souls. Seventeen or 
 eighteen of the crew, with the captain and mate, would be twenty ; 
 eight or nine passengers Avould make twenty-eight or twenty-nine 
 persons ; besides whom there was the crew of the ' Bella,' amounting 
 to seven or eight men. Yet from that hour to the present, with the 
 exception of Luie, no one has ever come forward to say that he either 
 belonged to the ' Osprey,' or was a passenger on board the ' Osprey,' 
 or had belonged to the ' Bella's ' crew. The story of the Tichborne 
 case, I think I may safely say, is known over the whole universal 
 globe, unless among savage tribes and nations. It is difficult to 
 suppose that the facts of this case have not been generally known 
 wherever an English newspaper or a newspaper in the English lan- 
 guage circulates or finds its way, or that wherever the English lan- 
 guage is spoken, the story of the Tichborne case and trial has not 
 become " familiar as household words ; " and yet, though this case 
 has now been pending for years, never has a human being presented 
 himself (with that one exception) as having been one of the ' Bella's ' 
 creAV, or as having been on board the ship that saved a portion of 
 that crew, and as being able, therefore, to depose to a fact of such 
 essential importance. Communications without end have been made 
 from all parts of the world. Everybody who could give evidence in 
 this case has been, so far as we can judge from the multitude of wit- 
 nesses, anxious to be called. Heaps of letters have been received on 
 both sides, many have been sent, I must say very improperly, to our- 
 selves, upon the subject of what people knew, or could say, or said they 
 could say, on this subject. But no one has presented himself yet, at 
 least no one to whose statement the slightest value or importance could 
 be attached, either as captain, or as officer, or as one of the crew of the 
 one ship or the other, or as a passenger, to vouch for the truth of the 
 statement that, although the ' Bella ' did go do^\'Ti and lies buried in 
 the depths of the ocean, a portion of her crew was saved and taken 
 into Melbourne. This is a very great difficvdty, as everybody who 
 reasons upon it must, I think, feel. Even if it coidd be shoAvn that 
 the obstacle could be got over which existed in the circumstance 
 that no ' Osprey ' had been known to be in Melbourne Bay that 
 could be the saving vessel, still when we come to ask ourselves the 
 question whether, from the presence of an ' Osprey ' at Hobson's Bay 
 at this time, if one was present, Ave can fairly infer that the ' Osprey ' 
 did bring in the shipA\Tecked crew, what a formidable difficulty stands 
 in our way when we find that throughout the long months and years 
 during which this case has been pending, no one has appeared
 
 ( 357 ) 
 
 to say tliey belonged to that shij), or tliat tliey belonged to the 
 ' Bella's ' crew. I do not say this is conclusive. Even if there was 
 no ' Osprey ' there, even if this story of having been saved by the 
 ' Osprey ' should prove to be unfounded, yet if the defendant can 
 show you by other and convincing testimony that he is Roger Tich- 
 borne, let him have the benefit of it. All I say is, that in consider- 
 ing the facts on the one side and on the other, you must include as a 
 very cogent and a very weighty fact, that no one (with the exception 
 of a witness whom you cannot trust) has ever come forward to say 
 that he was either a portion of the one crew or the other, or a pas- 
 senger on board the ' Osprey ' and so to vouch for the truth of the 
 defendant's story. 
 
 As to the one person Avho has come forward, we must take it upon 
 the evidence before us in this case — I do not wish to pre^'udge any 
 further inquiry that may be taking place elsewhere — but for the pur- 
 pose of this trial, after what has taken place, and after the unqualified 
 avowal of the defendant's counsel of his utter and entire disbelief in 
 the truth of that man's story, we must take it that his evidence was 
 perjured evidence, and that his account of his having been on board 
 the ' Osprey,' and having picked up this crew, and the defendant 
 along wdth them, of having nursed him when in a state of deliriimi 
 fi'om sun-stroke — which illness, by the Avay, was heard of for the first 
 time from Luie — the defendant himself never having said a single 
 word about it — but which was adopted Avith the most eager avidity 
 by his counsel — nursed him, I say, under the effect of delirium pro- 
 duced by sun-stroke, and doctored him in the oddest sort of way by 
 keeping him in a perpetual state of drunkenness during the whole 
 voyage — is a fiction. Independently of the exposure to which that 
 witness has been subjected, I should have disbelieved his statement, 
 because I should have felt satisfied that the administering of stimu- 
 lants to a person labouring under sun-stroke, to keep him in constant 
 intoxication, must necessarily have had the effect of killing the 
 patient. I cannot suppose for a moment that you will attach any 
 value to that man's evidence, but presume you will discard it as the 
 evidence of one who, Avhether he came forward spontaneously or 
 influenced by others, whether his lesson, being a fabrication from 
 beginning to end, was got up by himself or was taught him, I care 
 not which — came forward in this court to give evidence on oath 
 which he knew perfectly well from the beginning to the end was a 
 tissue of falsehoods. I am only afraid that you should, in your 
 natural indignation at an attempt thus scandalously made to impose 
 on you, visit the defendant too severely with the consequences. That 
 it has damaged and prejudiced his case there can be very little doubt, 
 but it ought not to do so beyond a fair and legitimate extent. Even 
 if you should be of opinion, as you possibly may be, that the defend-
 
 ( 358 ) 
 
 ant himself, instead of repudiating the story of Luie adopted it, 
 knowing it to be untrue, it does not necessarily foUoAv that his Avhole 
 case mu.st be one of falsehood and fraud. Men finding themselves in 
 difficulty, believing their case to be honest, sometimes have recourse 
 to falsehood in order to prop it up. AVhen a witness presents himself 
 and says I can prove a part of your case, a man may say to himself, 
 I know you cannot do so consistently with truth, but if you have the 
 hardihood to go into the witness-box and do not mind laying pei^jury 
 on your soul, and can invent a plausible tale which may make up for 
 the defect of evidence in a material part of the case, the danger is 
 your own, I shall not tell you not to do so — and though this would 
 be a most improper course to follow, it is one which some men might 
 adopt under such a state of circiimstances. That, if Luie's tale is 
 false, the defendant must have known it to be false, is, I think, a 
 thing too plain to admit of any reasonable doubt. If a man says, 
 " I was on board a vessel which picked you up, I took you into my 
 berth, and I watched over you and nursed you, I washed you, I 
 dressed you from day to day, and when you were helpless as a child 
 I was your attendant, your doctor, your nurse, and I remind you of 
 the circumstance by the fact that I have crooked fingers, and you used 
 to feel my crooked fingers as I was washing you and dressing you " 
 — the man of and to whom it is said must know whether it is true or 
 not, and if he stands by and allows such a statement to be made on 
 oath, knowing it to be untrue, that reflects on him and will lead to 
 the inference that if he will sanction fraud and falsehood in another 
 to benefit himself, he perhaps may not shrink from using it if the 
 exigencies of the case require it in his own statement. Further than 
 that, do not, because the case has broken down in this particular, 
 rush at once to the conclusion that the whole of the defendant's case 
 must necessarily be founded on fraud and falsehood. Passing this 
 by, we have the striking fact that, Avith reference to the question 
 Avhether an ' Osprey ' did come into the port of Melbourne, and 
 Avhether an ' Osprey ' did bring in a shipAvrecked crcAV or not, it 
 stands undenied and undeniable that from that time to this no one 
 has ever heard a Avord of either of any of the ' Bella's ' crew or of any 
 person on board the ' Osprey.' 
 
 We have next to ask ourselves Avhether the statement of the de- 
 fendant on the subject has ahvays been the same. Has he ahvays 
 adhered to the statement that the vessel Avhich picked him up was 
 the ' Osprey ? ' Has he made that statement Avith such a degree of 
 certainty as should make you attach to it the character of truth ? 
 The first time he ever mentioned the * Osprey,' as far as we have 
 heard, was upon the occasion of his being asked to make the statutory 
 declaration at Sydney. On that occasion certain questions Avere put 
 to him in order to enable the solicitor, Avho Avas preparing this deck-
 
 ( 359 ) 
 
 ration to be used on his behalf, to di'aw it np. Amongst other 
 questions put to him was, " What was the ship that picked you up," 
 and he answered without qualification, " The * Osprej.' " What 
 was the name of the captain? "Owen" — again without any 
 qualification. Now, when thus called upon, he may either have 
 spoken truthfully from his recollection and memory, or he may have 
 given the name in order to cover an intended imposture. If he 
 was not Roger Tichborne, and had not been picked up by the 
 ' Osprey ' as he stated, it Avould be necessary, in order to make his 
 story plausible, that he should be prepared Avith the name of a vessel 
 which should have picked him up. If he was Roger Tichborne and 
 there was a vessel that had picked him up, and he knew and recol- 
 lected the name of it, he would at once state that name. If the 
 story Avas a fiction, he would have to do one of two things, either 
 invent a name altogether, or pitch upon some vessel with the name 
 of which in some Avay or other he had become acquainted. Which- 
 ever it was, and I am not in the slightest degree desirous of pre- 
 judging that question, he gave imhesitatingly the name of the 
 ' Osprey,' either because it was the name of a vessel that had picked 
 him up, or was a name Avhich he had either made up his mind to 
 adopt as the saving vessel, or which suddenly presented itself to his 
 recollection when he was unexpectedly asked that question. It may 
 have been any one of these problematical cases which I am putting 
 before you. 
 
 When the defendant came to England one of the earliest things 
 he did was to go wath his legal advisers to Lloyd's to ascertain the 
 particulars, if they could be found, of any vessel called the ' Osprey.' 
 He was interrogated upon the subject in his cross-examination ; and, 
 for what reason I know not, he steadfastly denied ever having been at 
 Lloyd's at all. You have heard the evidence of Mr. Gardner as to 
 the fact of his having been at Lloyd's : if you believe that evidence, you 
 certainly will be surprised at the statement of the defendant which I 
 am about to read to jow. He is asked : " How soon after your 
 return to this country did you go down to Lloyd's — you, and I 
 think, two other gentlemen — at any rate yourself?" — He ansAvers, 
 " I never went to Lloyd's to my knowledge. Q. That you Avill 
 SAvear, will you ? — That I Avill SAvear ; I do not CA^en knoAv A\diere it 
 is. Q. Do you mean to say you do not knoAv Avhere Lloyd's is ? — 
 I do not. Q. I Avill tell you ; it is at the Royal Exchange, close to 
 the Bank ; do you mean to SAvear you did not yourself, at least tAvice, 
 and in company Avith others, one or two, I am not sure AAdiich, but at 
 all events yourself at least, twice go doAvn to Lloyd's to look at 
 Lloyd's books?" — There the Solicitor- General made a mistake ; he 
 either made a slip of memory or his instructions misled him. It 
 cannot be asserted that the defendant AA^ent twice, he only Avent once.
 
 ( 360 ) 
 
 — But the answer is " Certainly not"— and tliis answer would apply 
 to going there once as well as going there twice — " I do not remember 
 ever being at the Royal Exchange in my life. Q. What I ask you 
 is, Avhether you will SAvear you did not yourself go doAvn to Lloyd's 
 and see some of Lloyd's clerks and look at Lloyd's books, soon after 
 you came home?— I did not. Q. Twice? — Not even once. I have 
 no recollection of where the place is at all: you say it is the Royal 
 Exchange ; then, all I can say is, I have never been there." Then 
 the Lord Chief Justice says: " Or any place or office of busi- 
 ness near the Royal Exchange ? — No, my Lord, I have no know- 
 ledge of going anywhere. The Solicitor- General : You know 
 where Lloyd's is, do you not, the place where you learn the course 
 of ships, and so on ? — Yes. Q. Now, I ask you whether you did 
 not go to Lloyd's yourself ; I believe, with j^our legal advisers, but 
 that I will not be certain about — but yourself and others, one or two, 
 twice over, at an interval of two or three days" — that, again, is a 
 mistake — " announcing yourself as Sir Roger Tichborne, and making 
 searches in Lloyd's books ? — I have no knowledge of anything of the 
 kind. Q. Could you have done it without knowing it? — I should 
 think not ; therefore not knowing it, I feel sure I never was there. 
 Q. AVill you swear on consideration ? — Yes, I will SAvear that I never 
 w-as there. Q. That you did not go doAA-n to Lloyd's and see some 
 of Lloyd's clerks and liaA^e yourself announced as Sir Roger Tichborne, 
 and make inquiries, and haA^e the books out and search them ? — If I 
 w^ent there, I should certainly announce myself as Sir Roger Tich- 
 borne, but inasmuch as I do not remember going there — Q. That is 
 not my question. The Lord Chief Justice : I have it doAvn tAvo or 
 three times OA^er, ' I aa411 SAvear I did not go ;' and his attention has 
 been fully drawn to it ; and, on consideration, he says positively that 
 he never AA^as there." The Lord Chief Justice got a little impatient, 
 and I do not Avonder at it ; AA'hen a man has SAA'orn to a thing it is no 
 use going on over and over again with the same thing. He appears 
 to haA'e been pressed by the Solicitor- General, the object of AA'hich 
 I do not appreciate, unless on this supposition, namely, that the 
 learned Solicitor-General, Avhen he got an ansAver Avhich he might 
 have been perfectly and abiuidantly satisfied Avith, determined to go 
 on pressing the witness in order to see Avhether, as of course he aa'ouM 
 become aAvare, from the continued cross-examination, that he had 
 given an ansAver which Avas very likely to be a doubtful one and on 
 which he might be contradicted, he would avail himself of the oppor- 
 tunity to slip out of it. The examination continues : " Do you 
 really mean to SAvear you did not make inquiry about the ' Osprey,' 
 the ' Bella,' the ' Kent,' at least, and possibly other vessels ? — No, I 
 think you are under some mistake : probably some one Avent on my 
 behalf, and not myself: I have no knowledge of going. Q. Did you
 
 ( 3r.i ) 
 
 Instruct your people to go? — I think, to the best of my memorr, 
 Mr. Hohnes told me such a search had been made. Q. Mr. Holmes 
 told you a search had been made ? — Such search as you speak of. 
 Q. When ? — A long while ago, not long after I came back. 
 Q. Within a few weeks after you came back ? — No, I do not think 
 so recently from my return as that." Then the matter is again put 
 to him in the most pointed way : " I think I imderstood you to 
 say you denied being at Lloyd's? — Yes. Q. And did not knoAV 
 Avhcre it was?" The Solicitor-CJeneral had there the same gentleman 
 who Avas examined before us, and he calls upon him to stand up in 
 court. " That is one of Lloyd's men : do you mean, in his pre- 
 sence, to deny that you were at Lloyd's for hours looking at the 
 books ? — I certainly have no remembrance of being at Lloyd's. Q. No 
 remembrance ? — No, none whatever. Q. For two or three hours — 
 you have no remembrance ; will you swear in the presence of that 
 gentleman, that you were not at Lloyd's yourself making inquiries, 
 and having the books for two or three hours? — I SAvear I have no 
 recollection of being anywhere of the kind. Q. You must recollect 
 it? — I do not believe I ever was there. Q. Will you swear, in the 
 presence of that gentleman, that you were not at Lloyd's for two or 
 three hours, having the books out, and making examinations Avith 
 him ? — I certainly Avere not. Q. AVill you SAvear ?" — 1 should have 
 been satisfied Avith the answer, but the Solicitor-General still presses 
 him — " Will you SAvear you were not, in his presence ?" He SAverves 
 a little from the point which he had come to before. " I haA^e never 
 seen this gentleman, to my knowledge. Q. AY ill you swear you Avere 
 not ? — I swear I have no remembrance of being at Lloyd's ; I do not 
 knoAv AA'here the place is. Q. Will you swear you Avere not ? — I have 
 been to several places Avith Mr. Holmes. Q. Did you not go doAvn 
 to the cellar at Lloyd's to see the books ?" One would suppose if he 
 did go doAvn to the cellar, that Avould bring the circumstances back 
 to his recollection — " I have no remembrance of being down any 
 cellar. Q. W^ill you SAvear you Avere not ? — Really, I do not knoAv : 
 1 have no recollection Avhatever. Q. You told me you did not knoAv 
 Avhere Lloyd's AA'as ? — No more I do noAv : You sav the Roval 
 Exchange ? Q. I ask you whether you did not go to Lloyd's yourself, 
 and see that man, and be there two or three hours, and go down into 
 the cellar, and see the books ? — If I haA^e done so, it must be in the 
 company of my attorney ; and I have no knoAvledge of it ; I haA^e no 
 knoAvledge it AA'as Lloyd's at all. Q. I have told you Avhere Lloyd's 
 was, and you said you had never been there ? — Even noAv I say I 
 have never been there. Q. You cannot forget going to the Royal 
 Exchange, and into the cellar, and seeing any books ? — I cannot say 
 Avhether I have ; as to going over any books, I have ncA^er been over 
 any books AA'hatever. Q. Will you SAvear that? — I Avill SAvear that I
 
 ( 362 ) 
 
 never looked at a book in my life in any cellar." The cross-exami- 
 nation goes on for some time, but I do not think it necessary to 
 follow it any farther, till he is asked, with reference to Mr. Gardner, 
 *' I ask you in that gentleman's presence, did you not yourself ask 
 to see the books at Lloyd's, relating to the 'Bella' and the ' Osprey?' 
 — I did nothing of the kind. Q. Upon your oath? — Upon my 
 solemn oath, I never did. Q. That you swear? — That I swear." 
 
 Now Mr. Gai'dner was called as a witness for the prosecution, and 
 he told us that the defendant came "with two other gentlemen ; that 
 by order of one of the superior authorities he (Mr. Gardner) went 
 down with them into the cellar where the books relating to former 
 years are carefully preserved ; that the necessary books were opened ; 
 that they asked to see the 1854 book or books; they searched for 
 the * Osprey,' and were evidently in considerable difficulty at finding 
 there was no ' Osprey' at Melbourne at that time, except the little 
 Carmichael ' Osprey,' the 66-ton schooner, which had sailed from 
 this country for that port. And there were only to be found, as 
 Mr. Stevenson, the Secretary for Lloyd's, has also proved, two 
 * Osprey s' at that port in that year: one the small schooner, the 
 other the three-masted schooner which went ashore in Loutit Bay 
 on the 18th of June. They seem to have been in some difficulty, 
 for Mr. Holmes and the other gentleman (I presume it was Mr. 
 Holmes) turned to the defendant, and said, " Are you sure it was 
 Captain Carmichael? could you tell us the name?" — the name of 
 the captain of the little ' Osprey' having been Carmichael. He 
 said, " No, he had forgotten it." It turned out that that Avas the 
 only ' Osprey' on the books which could have arrived at Melbourne 
 at that particular time. Then they searched for the ' Bella,' and 
 ascertained the particulars relating to the ' Bella;' but there was no 
 entry, I think, as to her loss, and therefore some doubt seems to 
 have arisen in their minds on the subject of the * Bella.' The 
 witness says they remained searching for two hours, and then left, 
 observing that they could not stay any longer, as Sir Roger was 
 leaving for Paris. This Avitness distinctly says the defendant was 
 introduced by these gentlemen as Sir Roger. It was stated at the 
 time that he had been lost in the ' Bella ' and picked up by the 
 ' Osprey,' and it was on that account that they wanted to search the 
 books for the names of those two vessels. 
 
 Now, up to this time the defendant had stated, without any 
 qualification, that it was the ' Osprey' that had picked him up. Not 
 only had he so stated when making his declaration at Sydney, but 
 when he was coming towards home in the ' Rachaia ' with Mr. Hod- 
 son, he told that gentleman in the same Avay, when talking about 
 the rescue, that the name of the vessel was the ' Osprey,' and 
 Mr. Hodson says it made an impression on his mind because he
 
 ( 363 ) 
 
 had been managing for a steam company out in Australia, " and 
 they had a vessel of that name, Avhich impressed the name on his 
 mind." He says : " I remember perfectly well he told me, without 
 any qualification, it was the ' Osprey' that saved him." 
 
 Having made this search at Lloyd's, and having found no record 
 in Lloyd's books of any 'Osprey' that would con-espond in point 
 of character of ship and time of arrival at Melbourne, of course the 
 confidence of the defendant in asserting it was the ' Osprey ' would 
 be shaken. At the same time it would be difficult, having said it 
 was an ' Osprey,' altogether to abandon that position, so he qualifies 
 his statement ; and when he was asked, on his cross-examination 
 before Mr. lioupell, what the name of the vessel was — which of 
 course was a most proper question for Mr. Chapman Barber to put 
 — his answer is not that it was the ' Osprey,' but " I am under the 
 impression it was the ' Osprey.' " *' You do not know for certain ? — 
 No, I do not. Q. Can you give us the name of the captain? — It 
 was either Owen Lewis or Lewis Owen. Q. Have you ever seen 
 him since ? — No, I have not. Q. Have you had any communica- 
 tion with him since? — No. Q. Did you tell him you were the 
 eldest son of a baronet ? — I cannot say whether I did or not." On 
 the next day, the cross-examination being continued, he is further 
 asked : " You said yesterday that you were vmder the impression 
 that the name of the vessel which saved you was the 'Ospre}-;' 
 cannot you be certain of the name of the vessel? — No, I cannot. 
 Q. You Avere on board this ship many months? — Yes, I was on 
 board a good while. Q. Can you tell me what port she belonged 
 to ? — No, I cannot. Q. Had she any boats on deck ? — Yes. You 
 must have seen her name often enough then?" Then comes the 
 characteristic ansAver : " It appears that you want to tell me what I 
 must have done ; I am telling you what I did do ; I tell you I am 
 under the impression it was the ' Osprey,' and I cannot tell you any- 
 thing more. Q. How many boats had she on deck, I ask you ? — 
 That I do not know. Q. You cannot even now tell me the names 
 of any of the officers, or any of the crew, on board the ' Osprey' ? — • 
 No, I cannot, except so far as I have mentioned my impression as 
 regards the captain's name." Then the examiner repeats : " That it 
 was Lewis Owen or Owen Lewis." So matters stood until he came 
 to be examined in the Court of Common Pleas, and on the examina- 
 tion in chief this subject is dismissed in a couple of questions. 
 INIr. Giffard says : " Now I will ask you what was, as far as you can 
 remember, the name of the vessel ? — I was under the impression it 
 was the ' Osprey.' Q. Is that your impression still ? — It is. Q. Do 
 you remember the name of the captain ? — I do not remember it dis- 
 tinctlv, but it was either Lewis or Owen." It is thus stated as an 
 impression. " Now, is that your impression still ? — It is. The Lord
 
 ( .364 ) 
 
 Chief Justice : Did I get the answer correctly that you were 
 under the impression it Avas either Lewis or Owen ? — Yes, my 
 Lord." On the cross-examination of course a matter of such im- 
 portance was not lost sight of and it is fully gone into, and the 
 Solicitor-General asks him : " You have told us about the ship going 
 down, and about coming up to the long-boat for provisions and 
 directions, and all that, do you recollect when you were picked up 
 by what, I think, you are under the impression was the ' Osprey' — 
 what sort of a vessel she was ? — She was a large vessel. Q. Larger 
 than the * Bella'? — Yes; I should think she was larger than the 
 * Bella.' Q. Where did she come from, do you know — what was 
 her port ? — I do not know, I am sure, what her port was. Q. Was 
 not the ' Osprey ' of — something or other — painted on her boats on 
 deck ? — Not that I recollect. Q. You were nearly three months on 
 board, were you not ? — I was. Q. Did you never find out what port 
 she hailed from? — No, I did not. Q. Did you never think to ask? 
 — Well, I suppose not. Q. Three months on board ? — Yes, three 
 months on board, and ill very nearly the Avhole of the time. Q. But 
 3'ou never thought to ask where she came from ? — No, I did not. 
 Q. Nor, if I recollect right, to be quite sure, even the name of the 
 captain who saved you? — I am still under the impression his name 
 is Avhat I stated. Q. What ? — Either Lewis Owen or Owen Lewis. 
 Q. But Avhich Avent first you do not know ? — I do not." Then a 
 question Avas put Avhich is certainly not immaterial : " What sort of 
 people Avere there on board the ' Osprey' ? — They ajopeared to be 
 English, Europeans. Q. The passengers talked English, did they ? 
 — Yes, they spoke English. Q. What number, 10, 20, or 30 ? — 
 No, I think there Avere eight or nine. Q. You cannot tell me AA'here 
 she came from ? — No, I cannot." He Avas then asked Avhether he 
 could not tell Avhether the ship stopped anyAvhere on her passage. I 
 think that Avas because the little ' Osprey' had put in at the Cape of 
 Good Hope. He said the ship did not stop anyAvhere. Then, 
 having accounted for his not liaA'ing made inquiries by saying he Avas 
 delirious, he was asked how long his delirium continued, and he says 
 " for a long AA^hile. Q. Hoav do you mean for a long while ? — I 
 shoidd think over tAvo months." He is asked if there Avas a doctor 
 on board, and he says no, the captain gaA-e him medicine from time 
 to time. 
 
 Now you see this uncertainty, both as to the name and the 
 nationality of the ship, the port from Avhich she came, the name of 
 the captain, or any other circumstances connected Avith it, is ac- 
 counted for by his having been delirious. In his affidaA'it he says 
 he Avas in an exhausted state AA'hen he was rescued, and Avas for 
 some time seriously ill on board the ship which saved him, but
 
 ( ?,65 ) 
 
 he makes no mention of having been delirious. However, that might 
 possibly be omitted owing to the importance of it not being at that 
 time seen. On cross-examination before Mr. lloupell, he makes 
 no reference whatever to this dcliriousncss, but on re-examination by 
 Mr. Serjeant Ballantine, on a later day, he says his head was much 
 affected after the wreck, and he was after that very often out of 
 his mind. On his examination in chief, he stated in answer to 
 Mr. Giffard that when he went on board he was insensible ; but he 
 said nothing then about being delirious. He was asked, " Are you 
 able to explain at all how it was you became insensible ? — Well, no ; 
 without it was over-excitement. Q. Hoav long before you lost your 
 senses do vou remember having- food or water ? — It must have been 
 very nearly sixty hours — not food and water — w^ater." He certainly 
 could not have been so more than twenty-four hours, therefore this 
 w^as a manifest exaggeration. They w^ere only three days and three 
 nights at sea in the boat ; on the morning of the fourth he was picked 
 up. The long boat with the food and Avater was not lost sight of 
 until the second night, so that until the evening before the second 
 night they had their supply, and the supply therefore Avas only Avant- 
 ing the next morning and the next evening. Hard enough, no 
 doubt, and cause of suffering enough, to be tAventy-four hours Avithout 
 Avater, but certainly it Avas an exaggeration to say the period of 
 suffering Avas prolonged to sixty hours. " I think you said it Avas 
 very hot? — Very hot. Q. The sun out? — Yes, very hot indeed. 
 Q. What food had you had? I think you say you had had food 
 Avithin the sixty hours? — Yes, Ave had some of the biscuits. Q. "What, 
 some of the biscuit that Avas soaked Avith salt AAater ? — Yes. Q. Was 
 your illness only for a time, or did it continue after you AA^cre on 
 board the vessel ? — It continued for some time, I believe. Q. What 
 was the state of your memory on board that vessel that picked you 
 up ? — Very imperfect. Q. Are you noAv able to recall all the events 
 of the voyage in that vessel ? — No, I am not. The Lord Chief 
 Justice : What is your ansAver to that ? — I am not able to recall all 
 that passed. Mr. Giffard : Are you able to say" — this Avas a very 
 taking question — " Are you able to say AA'hether that illness has 
 affected your memory generally or not ? Is your memory noAv the 
 same as it used to be before you were shipAvrecked ?" I give the 
 defendant credit for honesty in not rising to that fly so dexterously 
 thrown by Mr. Giflard. Mr. Giffard was in hopes he could get his 
 client to say his memory had been permanently affected, so as to 
 cover any future deficiency as to things he ought to have recollected. 
 He replies, " I cannot ansAver that question. I do not think I am 
 capable of judging of that." In other Avords, " I am not going to 
 say my memory has been affected, you may think so or not as you 
 please." On re-examination he said he Avas delirious for two months.
 
 ( 36G ) 
 
 and liad no recollection of anything Avliatever during the greater part 
 of the time. " And you say as far as actually being taken on board 
 you have no distinct recollection ? — No, I have none. Q. Now, I 
 believe you stated in your examination in chief, but I must be 
 excused, as it is so long ago, if I just ask you in what state you were, 
 as far as you can recollect, during the greater part of the three 
 months you were on board the strange vessel? — Well, I cannot 
 remember what state I was in. I can only remember what I was 
 told afterwards." 
 
 Thus, you see upon the evidence which I have been reading to 
 you that that Avhich was stated as a matter of perfect knowledge 
 at Melbourne was converted into a very qualified assertion on his 
 examination before Mr. Roupell, and also on his examination and 
 cross-examination in the Common Pleas. But it does not stop there. 
 There is a fact which is not a little calculated to shake one's con- 
 fidence in the defendant's statement that he was picked up by an 
 
 * Osprey.' For in the year 1868 Ave find him entirely giving up the 
 
 * Osprey' and taking to a vessel called the ' Themis' as the one that 
 saved him. This is a part of the case to which it is necessary to draw 
 your attention. In the year 1868, I think it was in July, a man of 
 the name of Smith, who had been on board a ship called the ' Themis,' 
 which arrived in Hobson's Bay in the month of Jidy, 1854, made 
 some communication to the owners of that vessel (gentlemen living 
 at Liverpool), with reference, I suppose, to some one having been 
 taken into Melbourne by that ship, or something of that sort, which 
 led the owners of the ' Themis' to communicate by telegraph to 
 Mr. Holmes, who at that time was known to be the attorney for the 
 defendant. Mr. Holmes immediately sent down an agent of the 
 name of Bridger to follow up the clue which seemed to have been 
 thus afforded, by investigating the books of this firm, Messrs. 
 De Woolf & Co., and by looking at the log of the ' Themis,' to see 
 Avhether the ' Themis ' had picked up any shipwrecked crew. The 
 defendant Avent doAAai himself, and Avrote to Rous, that he was noAv 
 satisfied that the ' Themis' was the ship that saved him. He and 
 Mr. Bridger make inquiry about the ' Themis,' and for a time they 
 seem to have entertained some notion that the arriA^al of the ' Themis,' 
 and other circumstances connected Avith that ship, Avoidd square with 
 the representation of the defendant as to his having been brought 
 into Melbourne ; but when the log came to be examined they could 
 not find any entry Avhate\'er of a crcAV having been picked up. 
 
 NoAv, according to the evidence of the nautical men, such a cir- 
 cumstance as that of a shipAvrecked creAV being picked up by a vessel 
 would be certain to be entered in her log. It Avould be the duty of 
 the mate to enter it, and that of the captain to see it Avas entered ; 
 first, because all incidents of any importance happening on the
 
 ( 367 ) 
 
 voyage are entered on the log of the vessel ; secondly, for a still more 
 cogent reason, namely, that when a shipwrecked crew are picked up 
 and conveyed to any distance by the vessel that saves them, the 
 o\vners of that vessel become entitled to compensation for the cost of 
 keeping and maintaining the men so taken on board. Thus, if we 
 had the log of the ' Osprey ' we should be able to see if the ' Osprey ' 
 had picked up a shipAvrecked crew. We should be able to see from 
 it whether or not the fact was, as has been represented, that she had 
 picked up the shipwrecked creAv of the ' Bella.' But Ave have not 
 the log of the ' Osprey,' and we have no means in that w^ay of 
 ascertaining whether the statement is true or not. 
 
 But the log of the ' Themis ' w^as found and forthcoming, and it 
 tm-ned out that there was no entry whatever of any such event in the 
 log of that vessel. There were, however, circumstances Avhich it was 
 thought might suit. It appeared that the ' Themis,' when she 
 arrived at Melbourne, brought with her a passenger, a young man, 
 who in point of age and appearance might have corresponded with 
 Roger Tichbome, and upon that Mr. Bridger and the defendant 
 appear to have fastened. The defendant saw the owners and con- 
 versed with them about the ship, and, what is very remai'kable, gave 
 them a most accurate description of the ' Themis.' They had in their 
 office a model of a three-masted vessel, and the defendant pointed 
 out on that model the difference there was between it and the vessel 
 the ' Themis.' He correctly described the build of the ' Themis,' 
 the position of her deck house, or deck houses, pointed out the 
 position of the cabin, made a tracing on paper, and actually put his 
 finger on the cabin he said he had occupied — not being the berth 
 which Luie gave as being the receptacle of the delirious, sun-stricken 
 man, but an after state cabin, in which he said he had been placed 
 on going on board the vessel. Where he got the information about 
 the ' Themis' from I do not know\ It appears that Mr. Bridger 
 was trying to find some of the crew ; whether they did find any of 
 the crew, and whether the description of the 'Themis' w^as got in 
 that way I do not knoAv ; but inasmuch as the ' Themis,' according 
 to the later statement of the defendant when on oath, was not the 
 vessel, and the going after the ' Themis' turned out to be a complete 
 wild goose chase, I cannot understand how the defendant, except 
 fi-om extraneous information, could have been able to describe the 
 ' Themis' with such minute accuracy. i 
 
 There is a remarkable circumstance connected with this inquiry 
 about the ' Themis.' The Melbourne agents of the ' Themis,' at the 
 time the vessel went to Melbourne, were Messrs. Marshall, Kirk & Co., 
 and Mr. Marshall, one of the firm, happened to be at Liverpool, and 
 tlie defendant saw him, and that gentleman having said that the 
 captain of the ' Themis' had brought a passenger to his office, the
 
 ( 3G8 ) 
 
 defendant was desirous of being taken for that passenger, and he 
 described with perfect accin-acy — it is one of the most remarkable 
 circumstances in the case — the street, the place where the office of 
 these gentlemen was — and the sort of yard in which it was, and in 
 which, if you remember, there were there some remai'kable aloe-trees. 
 The office, and place of business, and residence of these gentlemen 
 were all accurately described. This startled Mr. INIarshall, and led 
 him to think it must surely be the man, for he did remember a pas- 
 senger being brought to him, and the description of his office and its 
 locality was perfect; only there was this difficulty — the man who 
 Avas brought by the captain to the office was not a ship^vTCcked man, 
 but an ordinary passenger, and happened to be the only passenger the 
 ship brought. So the thing Avould not do, and it being clear from 
 Mr. Marshall's statement that the man brought by the vessel was a 
 passenger, and not a part of any shipwrecked crew that had been 
 picked up, the ' Themis ' had to be given up. 
 
 Now comes the cmdous part of it. So long as the defendant 
 was going upon the statement that the ' Themis ' was the vessel, 
 and that he was the passenger taken by the captain to the office of 
 the agents of the ' Themis ' at Melbourne, he professed to have a 
 perfect knowledge of Avhere the office was, and all about it ; but he 
 afterwards gives up the ' Themis,' and when he comes to be exa- 
 mined before Mr. Roupell, and later, on his examination in the Court 
 of Common Pleas, having dropped the ' Themis,' he reverts to the 
 former statement relating to the ' Osprey.' And then we have this 
 singvdar change in the adaptation of his recollection to the new state 
 of circumstances. Whereas the captain had taken him to the office 
 of Messrs. Marshall, Kirk & Co., which office he recollected per- 
 fectly and could describe the particulars of, so as to satisfy Mr. 
 Marshall that he must, at some time or other, have been there — un- 
 less he had ascertained the facts from somebody else — when he came 
 back to the ' Osprey,' he is in total ignorance of what was the place 
 the captain took him to, and he says, '* The captain took me to the 
 Custom House, or what I believe to have been the Custom House, 
 and then he took me to some other place, I cannot say what it was, I 
 do not know what the second place was." This strikes me, I must 
 say, as a very remarkable circumstance, and as one that must shake 
 one's confidence in the statement very materially ; because either the 
 statement that he had been taken to the office of the gentlemen in 
 Australia who were the agents of the ' Themis ' was untrue ; or if he 
 was taken there at all he must have been taken there by the captain 
 of the saving ship, whatever that ship may have been, and one would 
 therefore have supposed that that would have been the place to which 
 the captain of the ' Osprey,' if he took him to any place in Melbourne 
 at all, would have been represented as taking him ; but twice over, in
 
 ( 369 ) 
 
 the examination In cliief and the cross-examination, he states distinctly, 
 and in the most unequivocal manner, that he does not know what the 
 place was to Avhich the captain took him. It is obvious that if he had 
 represented the captain of the ' Osprcy ' as having taken him to 
 Marshall & Co.'s, he would at once have been contradicted by Mr. 
 Marshall, who knew nothing of any such shlji. 
 
 There is one more circumstance which Is also deserving of attention : 
 when the defendant stated at Sydney that it was the ' Osprey ' which 
 picked him up he said nothing Avhatever about an American ' Osprey.' 
 Those who received his statement natm-ally supposed that he was 
 referring to a British ship. It Avas Avhen he had searched at Lloyd's 
 and It was found that there was no English ' Osprey ' that would 
 answer to his description — I do not say it Is because of that, but it 
 certainly was after that — that for the first time we heard of an 
 American ' Osprey.' Even on the examination before Mr. Roupell 
 nothing was said about the vessel being American. It was not till 
 his examination in 1871 that he stated for the first time that he 
 believed the ' Osprey ' Avas an American vessel. Some of the wit- 
 nesses Avho have been called say, hoAvever, that the ' Osprey ' they saAV 
 at Melbourne was an American vessel, and If Ave could have found an 
 American * Osprey ' to correspond A\'Ith this ' Osprey ' it Avould have 
 relieved \is perhaps of much difficulty ; but the records have been 
 searched on the other side of the Avater and no such vessel has been 
 found. They keep at Washington a general register of all ships 
 registered as part of the American Mercantile Marine. That record 
 was searched by Mr. Purcell, avIio tells us he could find no ' Osprey,' 
 either of Ncav York, or Baltimore, or Orleans, or anyAvhere else, 
 Avith the one exception of the New Bedford ' Osprey ;' but this could 
 not be the ' Osprey ' that arrived at Melbourne, because she never 
 Avent there, but Avas in the year 1854, as shoAvn by the captain and 
 her log, engaged in the Avhaling ti'ade in other parts of the Avorld: so 
 that Ave are in this difficulty : if it is said it was a British ship. It is 
 clear there could have been no British ship corresponding with it ; 
 while AvIth regard to an American ship, so far as we can trace from 
 the evidence gathered from the American register, there is not any 
 American ' Osprey ' Avhicli could fit. In addition to this we happen 
 to know that pains have been taken on the part of the defendant, 
 with a view to support the intended evidence of Lule, to see whether 
 any trace could be found of an American ' Osprey ' (besides the New 
 Bedford one, Avhich clearly Avould not do), and that also has failed. I 
 am quite sure that if the Indefatigable gentleman, ]\Ir. AVhalley, who 
 has taken such infinite trouble in this matter, and Avho appears to have 
 been so anxious to support Luie If he could, had discovered any ti-ace 
 of an ' Osprey ' that Avould have fitted Into the circumstances of this 
 case, we shoidd have had the evidence of it brought forAvard. Mr. 
 
 B B
 
 ( 370 ) 
 
 Wlialley was called. Pie could have given evidence fi-om these 
 records in America, on Avhich evidence for the prosecution has been 
 given, because, according to the rule we have laid down, Avhere pub- 
 lic documents cannot be removed from the place of their deposit, and 
 therefore cannot be actually produced in e\adence, secondary evidence 
 of their contents is admissible. If Mr. Wlialley had found any such 
 evidence he would have told us. 
 
 Under all these circumstances you must form yoiu' own judgment, 
 whether you believe the defendant's statement that the ' Osprey ' did 
 pick him up and take him to Melbourne. That is one of the main 
 issues in this cause, although I am bound to say this, that the defen- 
 dant has never, since the declaration made at Sydney, stated in clear 
 and distinct terms that it was the ' Osprey f he has merely given us 
 his impression, and if it was some other vessel and not the ' Osprey,' 
 his statement may still be true. It may possibly be that some other 
 vessel did take him on to Melbourne, and did deposit him there, but 
 then that is always subject to this continuing difficulty, that it is 
 scarcely possible to suppose that a man would be three months on 
 board a vessel by which he had been saved, and part of the time, at 
 all events, in ftiU possession of his senses, and that having received 
 all possible kindness fr'om the captain of that vessel, he should not be 
 able to state positively and with certainty the name of the vessel, her 
 port, or the name of the captain. 
 
 These, then, are the difficulties connected with the ' Osprey ' case. 
 If the ' Osprey ' falls to the ground the defendant's case does not ne- 
 cessarily fall with it, because he may have been saved and brought into 
 Melbourne by some other ship ; subject always to what I have pointed 
 out, that it does seem in the highest degree improbable that if any ship 
 had saved him and landed him in a place of safety, he would not 
 have taken care to ascertain, and having ascertained, would not have 
 remembered, the name of the vessel. To which must be added the 
 great improbability that no one fi-om the saving ship should have 
 come forward to attest the truth of his statement in so essential a 
 part of his story. 
 
 ONE HUNDRED AND SEVENTY-FOURTH DAY. 
 
 Friday, February 6, 1874. 
 
 The Lord Chief Justice: — Gentlemen of the Jury, — Supposing 
 you had been led to think that Roger had been brought into INIel- 
 bourne ; but that on all the other facts of the case, after being weighed 
 on one side and the other, there should be such a preponderance of
 
 ( '^n ) 
 
 facts adverse to the defendant, as that you could not believe in his 
 identity, you would then, as sensible and thinking men, have to seek 
 some solution for the disappearance of Roger, and of his not being 
 heard of afterwards, except through the man who comes forward and 
 says he is Roger. There are many things that might have happened ; 
 Roger might have gone ashore, might have been taken Avith one of 
 his former seizures, might have died, and been borne to an obscure 
 and unknown grave, and never heard of afterwards. It is no doubt 
 true that these are but speculative possibilities ; but where all the 
 facts, or the great majority of facts, tend one way, it is legitimate to 
 have recourse to possibilities to explain a fact apparently inconsistent 
 with them. It may be asked, why and how should it occiu' to the 
 defendant to put forward the name of the 'Osprey' as the ship that 
 saved him, if that was untrue ? If the statement be true, it is the 
 most natiu'al thing, of course, that it should be made ; but if all 
 the other circumstances should lead you to the opposite conclusion, 
 and it were asked, how can it be accounted for that he should have 
 adopted the ' Osprey' as the vessel which saved him, this answer 
 may be given. Of course, if his story is a made-up one, he must 
 say he was picked up by some vessel. It woidd never do to say, 
 *' I know nothing about the vessel." It would therefore be neces- 
 sary to have a vessel to put forward as the one which picked 
 him up and saved him. Even if the 'Osprey' had never brought 
 in any crew at all, there might yet be some circumstances or 
 other which had impressed the name of ' Osprey' on his mind. 
 Suppose that in his numerous wanderings, he had fallen in with 
 some of the ' Osprey 's' crew. If there was an ' Osprey' in Hobson's 
 Bay, as you may possibly think there was, about that time, and the 
 crew had rushed to the diggings, as everybody Ave are told at that 
 time did, he might easily have fallen in with people belonging to 
 that ' Osprey,' and so have become familiar with the name. So, 
 if the crew of the ' Bella ' had been picked up and carried to Mel- 
 bourne, finding themselves without a ship, and Avithout employment, 
 they woidd very likely rush away to the diggings, and in all proba- 
 bility did so, and their story might be told over and over again round 
 those camp fires, or in the grog shops, or places to Avhich such men 
 might resort, and so the story of the ' Bella's ' going doAvn and the 
 crew taking to the boats and being saved, might all be matters of 
 familiar talk. If that should come to the ears of any man who might 
 afterAvards be disposed to take up the story on finding there was a 
 search made for Roger, the facts Avhich had come to his knoAvledge 
 might be made aA-ailable, more especially if Roger had been saved 
 Avith the crcAv of the ' Bella,' and brought in AAath them. For, sup- 
 posing Roger had come on shore, and the fact had become knoAATi to 
 the defendant, and then many years afterAvards, he found that Roger 
 
 B B 2
 
 ( 372 ) 
 
 never had appeared, and was not forthcoming, and so had reason to 
 believe Roger was not living, it might occur to him to assume his 
 name and come forward to personate him. I am merely putting 
 these things as possibilities which you should resort to, only if, on 
 fuller consideration, you Avere of opinion that the crew of the 'Bella' 
 had landed and Roger had landed with them, but that the rest of 
 the case should lead you irresistibly to the conclusion that the story 
 told by the defendant cannot be true. 
 
 There is another matter which it just occurs to me to mention. I 
 have referred to one or two difficulties arising fi-om the inability of 
 the defendant to tell us things connected with the ' Bella ' and with 
 the ' Osprey,' which we certainly should have expected him to know. 
 I have pointed out a difficulty arising from the imcertainty as to the 
 name of the ship as well as of the captain ; but there is another difficulty 
 which arises fi-om his Avant of knowledge, to Avliich I think your 
 attention ought for a moment to be directed. One would naturally 
 have expected, I think, that the defendant Avould have been able to 
 give us some account of his companions in shipwreck and misfortune, 
 who suffered Avith him in the exposure in an open boat, and the 
 privation and want of food and water, and who Avere saved with him 
 at the time he Avas rescued fi-om impending death. It Avould be 
 going much too far to expect that a passenger Avho had been only 
 three days on board a vessel, especially if in a state of insensibility 
 from di-unkcnness, as the defendant represents Roger to have been, 
 should knoAv the names of any of the crew ; but it becomes a very 
 different matter, AAdien he is launched upon the sea Avith seven or 
 eight men in a small boat, and is thus brought into close contact, 
 and so becomes familiar Avith them, from being associated in peril, 
 in suffering, and afterAvards in safety. Under such circumstances 
 yoii naturally take an interest in people greater than you otherwise 
 Avould have done. You Avovdd have heard them speak to one another ; 
 you Avould have heard the names by which they spoke to one another. 
 Then if you Avere in the same vessel three months Avith those men in 
 the vessel Avhich picked you up, after having been companions in 
 disaster for a number of days, you Avould naturally take an interest 
 in them, inquire about them, learn Avho they were, Avhether they Avere 
 family men or not, Avhether they had the means of communicating 
 Avith their relatives and friends, and a variety of things of that sort, 
 Avhicli a man Avitli any of the feelings of a man about him Avould 
 naturally interest himself about, as immediately connected with the 
 people AA'ith whom he had been so associated. You w^ould therefore 
 naturally expect that the defendant should be able to tell you, if not 
 the names of all, yet of one or two of those Avho Avere associated Avith 
 him under such remarkable circumstances. I do not know Avhether 
 the defendant felt that, but he certainly at one time professed to knoAV
 
 ( 373 ) 
 
 the names of some of ilic crcAv of tlie ' Bella' who hail been saved 
 with him. He professed to know and state some of them to -his friend 
 Mr. Hopkins. The way it arose was this : — there had been on board 
 the ' Bella' a young lad of the name of Evans, Avho was an appren- 
 tice on board, althouirh his name was not carried into the list of the 
 crew. He was a kinsman of Mr. Killey, one of the part owners 
 of the 'Bella;' and when it began to be knowai and bruited about 
 everj'^vhere that Koger Tichborne, Avho had been a passenger on 
 board the ' Bella' had been saved, and after a lapse of many years 
 had come to England, Mr. Killey was anxious to learn something 
 about the fate of his kinsman, and knowing that Mr. Hopkins was 
 associated Avitli the defendant, and had taken him up, he wrote to 
 Mr. Hopkins to ask for his ovra information who were the persons 
 wdio had been saved Avith him, and especially whether any one of the 
 name of Evans had been amongst them ; and Mr. Hopkins interested 
 himself in this matter, and Avrote a letter in answer, wdiich I will 
 call your attention to presently. That this letter Avas Avritten by 
 the authority of the defendant, is plain from the admission of the 
 defendant himself. He is asked in cross-examination : — " You kncAv 
 Mr. Hopkins was in communication Avith Messrs. Vining" — That 
 is, the OAvners of the ' Bella.' — " Yes. Q. Did he not consult 
 you as to Avhat ansAver he should return ? — I should think the 
 probability is that he did. Q. So I should think too. Did not you 
 glA^e him such particulars as yoii could, for the purpose of being 
 communicated to Messrs. Vining ? — Very likely ; yes. Q. -Have you 
 any doubt in the Avorld that you did ? — I have no doubt about it, but 
 I haA'e no recollection of it." Noav this is the letter fi'om IMr. Hop- 
 kins to Mr. Killey. I should state that it Avas written on the 10th 
 February, 1867, shortly after the return of the defendant to this 
 country : — " Dear Sir, I Avill most gladly give you all the information 
 I can in reply to your note of inquiry, and as Sir lioger Charles 
 Tichborne is at present a guest in my house, I am enabled to do so. 
 The AATCck of the ' Bella ' took place four days after the ship sailed 
 from Rio ; in this time Sir Koger could not of course be acquainted 
 with the names of the crcAA^, and can only speak of those aa^io Avere in 
 the same boat Avith him after the Avreck. He names the folloAving 
 (you must of course make alloAvance for my spelling the names) — 
 Sheers, Williams, Dobbin, Pebbles, 2nd mate and carpenter, Yankee 
 (nickname — an American) a native of Valparaiso, a young man Avho 
 was knoAvn as ' Yorky ' — a nickname, as he Avas a Yorkshireman — 
 aged about 16 or 17." Thus, there are four names actually given, 
 and there are three avIio are described by a nickname or the place 
 of their nativity. There are four — Sheers, Williams, Dobbin, and 
 Pebbles, aa'Iiosc names are given. Then the defendant is asked : — 
 " During any portion of the year 1867, Avliat information had you as
 
 ( 374 ) 
 
 to any of the crew of the ' Bella ' being saved ? — There was a report, 
 I believe, of three or foui* of them saved." Then Mr. GifFard puts 
 in one of those technical objections which I never like, and he insists 
 upon it that nothing shall be asked of the defendant Avith the excep- 
 tion of what he has learnt from other people than his attorney ; 
 because the communications between attorney and counsel, and 
 attorney and client are privileged, and therefore any information 
 which had reached the Avitness through his attorney must be excluded 
 from the evidence. Then the question is put with that exception, 
 and the Solicitor-General says: — "You had a specific statement 
 made to you by your attorney from your agent in Australia, which my 
 friend objects to your giving us, and which I do not for the present 
 insist on. Now you tell me about a report, that there were reports : 
 •what reports had you heard of at that time ? — There were reports 
 that some of the crew had been found. Q. Did you hear their 
 names? — I believe I did at the time." Then he is asked wdiether he 
 can tell the Jury the names of any of these people, and he says : — " I 
 do not remember." Q. Cannot you tell us the names ; how many 
 the reports refen-ed to ; and what names they Avere, people who, 
 according to you, were wrecked Avith you, and were three days and 
 nights in an open boat, avIio were suffering the extremities of danger 
 in the Atlantic, and three months in another vessel going to Australia 
 and Melbom^ne ; do you not remember the names ? — I do not re- 
 member the name of one of them. Q. Had you not the curiosity to 
 try to find out about them, Avhat their names were ? — Yes, I have 
 seen their names since. Q. Can you give me their names ? — No, I 
 cannot. Q. Cannot you give me one name ? — I could not give you 
 half a one." Then he says : — " I Avill give you the whole of the names 
 to-moiTOAv, if you Avant them." " Hoav Avill you be able," says the 
 Solicitor-General, " to give me the names to-morroAv, if you cannot 
 give me them noAV ? — I Avill cause inquiries to be made to ascertain 
 what the names were." Then it turns out a little further on, that 
 Avhat he is talking of is not the names of the siuwivors, but of 
 the crcAv. Then the Solicitor-General says : — " The surAavors are 
 Avhat I Avant — the names of the survivors. People Avho are doAvn 
 below, at the bottom of the Atlantic, are not of the slightest use : do 
 you knoAv the names of any of the survivors ? — I cannot say that I 
 do. Q. Did you ever ? — Did I CA-er ? of course I did. Q. The 
 names of the sm-vivors ? — Yes. Q. When did you forget them ? — I 
 forget them noAv. Q. Do you think you Avill remember them by 
 to-morroAv ? — Very probably I shoidd, some of them. Q. Then, I 
 Avill ask you, perhaps you Avill Avrite them doAvn and let me have 
 them. — I Avill try my best endeavours. Q. Just see noAV if you can 
 give me one or tAvo names, and you can give me the rest to-morroAV. — 
 I am trpug if I can think of them. At times I can think of them easy
 
 ( 375 ) 
 
 enough, I cannot now." Then he says he thinks his attorney, that is 
 Mr. Hohnes, can furnish the names. Then Mr. GifFard says, " that 
 will not do ; I cannot allow that ; anything that is asked for must he 
 a^ked for through me." Strictly speaking that was so. Then the 
 witness interposes Avith this remarkable statement — " I think I can 
 give you the name of one." " Q. Well, what is that? — ' Hivvins.' 
 The Solicitor-General: 'Hivvins?' What did you say? — I 
 am not aware I said anything." Then something is said I suppose 
 by one of the counsel, that the Solicitor-General had not pronoimced 
 the name properly. He says : " It is suggested to me I did not repeat 
 it correctly. What name did you give me ? — Evans." Now, that is 
 a remarkable circumstance, because in the letter of INIr. Hopkins, 
 written manifestly after communication with the defendant, Mr. Hop- 
 kins expressly states that Sir Roger does not remember the name 
 of Evans. Yet, when he is under cross-examination, and is pressed 
 for a name, he says — " I can give you one — Hiwins," which was his 
 way of pronouncing " Evans ;" or at all events, as he was understood 
 to pronoimce the Avord " Evans." But it certainly is a remarkable 
 thing that being pressed in this Avay, he should put forward the name 
 of " Evans." Then it is put to him, how he came to mention the 
 name of Evans — Avhether it was not in consequence of Messrs. 
 Vining writing a letter to Mr, Hopkins inquiring about a man of the 
 name of Evans ? Well, he says, " It may have been so ; although I 
 was not able to remember the name when Mr. Hopkins Avrote in 
 answer to Messrs. Vining, you were pressing me for a name, and the 
 name of Evans occurred to me without reflecting at the moment 
 from what source that name had reached me, and became impressed 
 on my mind." It is possible — I do not say it is not — but it is 
 rather an awkward circumstance. But that is a secondary consider- 
 ation — the greater difficulty arises from this, that the defendant 
 should give us four names — Sheers, Williams, Dobbin, and Pebbles, 
 and when we turn to the crew list of the ' Bella' 
 
 By the Jury : There was a witness, — I forget whether Luie or an 
 Austi'alian, who also mentioned " Yorkie." 
 
 By the Lord Chief Justice : The evidence is voluminous, and 
 the facts spread over such an immense area, that I forget who it was. 
 
 By the Jury : I think it was Luie, my Lord ; I am not sure. 
 
 By the Lord Chief Justice : However, the difficidty is that 
 we have four names which are not in the list of the ' Bella,' and 
 which are unknoAvn to the Messrs. Vining ; and we have this further 
 significant fact, that there was a Pebbles — if that is merely another 
 form of pronouncing Peebles — who was boatswain or second mate — 
 I think it is the same thing in merchant ships — who was stated in
 
 ( 376 ) 
 
 Mr. Hopkins's letter to have been on board the ' Middleton,' the ship 
 in Avhich Arthur Orton went out ; and there were also, as we know, 
 two persons, one named LeAvis Owen, and the other Lewis, members 
 of the crew of that ship. 
 
 On the other hand, with a view of showing that the defendant Avas 
 picked up and brought in by either the ' Osprey' or some other ship, 
 it has been attempted — I think it really amounts to no more than an 
 attempt — to show that he gave a cheque to the captain of the vessel 
 which saved him — a cheque for 171. or 18/., for things Avhich he had 
 had on board — either clothing or grog, or both. Let us hear what 
 the defendant says upon that subject, and let us see Avhether there is 
 any foundation whatever for the supposition that he did give the 
 captain the cheque, and that the cheque came to England and Avas 
 knoAvn of. His recollection, such as he professes to have, is of a 
 very faint description. He is asked : " You Avent to ]\Ielbourne. 
 Did you pay the captain anything ? — I do not knoAv Avhether I did 
 or not. Q. Did he ask you for anything? — I have some faint 
 recollection of giAang him a cheque : I cannot say positively I did 
 so; if I did it AA^as on blank paper" — That is, not on the paper 
 bankers ■ regularly issue. Q. " Did he ask you for it?— I cannot 
 say AA'hether he did or not. Q. You lived at his table and he nursed 
 you when you were delirious for two months, and you lived at his 
 table the rest of the time. Have you not more than a faint recol- 
 lection AAhether you gave him anything? — I have not. Q. Who 
 could the cheque haA'e been draAvn on ? — It Avould have been draAvn 
 on Glyn's. Q. That Avould haA'e turned up I suppose ? — Mr. Serjt. 
 Ballantine : That Ave cannot haA'e. — The Solicitor-General : 
 You AA'Ould have had it supplied to you. In your banker's book, in 
 account Avith Glyn's, you Avould have seen Avhether it was or Avas 
 not ? — I do not knoAV : when the cheque arrived there were no funds ; 
 they had all been taken out. Q. Did }'0u find out that you gave 
 the cheque, and it had been dishonoured ? — I did not find out at all. 
 Q. What do you mean by saying Avhen the cheque arrived here all 
 the funds had been taken out ? — Simply as Mr. Hopkins told me. — 
 Q. Excuse me — " Then Serjt. Ballantine complains of the AAatness 
 being stopped. " The Solicitor-General : What cheque ? Mr. 
 Serjt. Ballantine : There is only one. — The Witness : I am 
 speaking of one cheque that may have been given to the captain ; I 
 told you I have a faint recollection of giving him a cheque. Q. Mr. 
 Hopkins told you? — Mr. Hopkins told me during my absence a 
 cheque came to Gljii's ; the money had been taken from Glpi's 
 before this arrived, and they asked to have the cheque left for a short 
 time. The cheque Avas sent doAvn to Hampshire. It Avas acknoAV- 
 ledged to be my signature by Mrs. GreeuAvood who Mr. Hopkins 
 sent it to." Gentlemen, you remember Avhat Mrs. GreeuAvood said
 
 ( 377 ) 
 
 on that subject — The Witness continues : " It was returned to Mr. 
 Hopkins, and returned to Glyn's. Q. Glyn's have got it ? — I can- 
 not tell ; I tell you what Mr. Hopkins told me. Q. That you think 
 is the cheque drawn for the captain ? — It must have been the cheque, 
 there is no other cheque. Q. AVhere did you draw the cheque ? — 
 It must have been on board the ship. Q. Before you left? — Before 
 I left. Q. Cannot you tell me positively whether you did or not ? — • 
 No, I cannot ; if I did, you would immediately ask me to SAvear to 
 it, and I cannot. Q. Can you tell me what you drew it for ? — The 
 only thing I could have drawn a cheque for would have been for 
 articles that I required to Avear, that we took fi-om the ship's stores, 
 and w-hat grog I had. Q. Did you not pay the captain anything 
 for his medical care and for provisions ? — No, I did not. Q. I 
 understood you to say so. — I never said anything of the kind : you 
 asked me what it would have been for; my answer was, it would 
 have been for. clothes, which I had taken from the ship's stores, and 
 any wine I might have had. Q. That is exactly Avliat I supposed ? 
 — You need not put it down that I said so. Q. Did you pay the 
 captain anything for AA'hat he had supplied you AA^th ? — What he 
 had supplied me Avith ? Q. Yes, you lived at his table ? — If I gave 
 him the cheque ; I am not sure Avhether I did or not. Q. Can you 
 recollect the amount ? — No, I cannot : are you asking, can I myself? 
 — Yes. No, I do not. Q. You do not recollect at all about the 
 amount ? — I knoAv the amount Mr. Hopkins told me. You may 
 tell me what you say the cheque is, so that we can folloAv that 
 cheque. — Mr. Giffard : This is Avhat Mr. Hopkins told him. — 
 The Solicitor-General : What did Mr. Hopkins say the cheque 
 Avas? — BetAveen 17/. and 18/., I think. Q. For three months? — 
 Mr. GiFFARD : That is what Mr. Hopkins told him." 
 
 Gentlemen, it is absurd to suppose that any cheque can have been 
 drawn by Roger Tichborne dated Melboimie, and sent home to 
 England, and that that cheque should have come to the knoAAdedge of 
 Mr. Hopkins, and that nobody else should have known anything 
 about it. Why the very fact of his having draAvn a cheque fi'om 
 Melbourne Avould haA^e put an end to all notion of Roger Tichborne 
 having pei'ished Avith the ' Bella,' and if that cheque had come to 
 Glyn's after the ' Bella ' had gone down, and Glyn's had sent it to 
 Mr. Hopkins, Avhat Avould Mr. Hopkins have done? He Avould 
 immediately have rung his bell, and ordered his fastest horse to be 
 put into his lightest trap. He Avoidd scarcely haA^e stopped to put on 
 his hat, before he would have been on his road to Tichborne in a high 
 state of excitement. One can scarcely conceive him containing 
 himself, and so soon as he got to Tichborne House, he would have 
 rushed out of the carriage and in at the door, and said " Hurrah ! I 
 have intelligence for you ; do not distress yourselves about Roger ;
 
 ( 378 ) 
 
 here Is a proof that Roger is alive, I hold it in my hand." Of 
 course, it stands to reason, the father and mother would have put off 
 their mourning, the whole country around would have been in a state 
 of excitement and joy on hearing that an end was put to their dis- 
 tress, as it would have been known that Roger was alive. The thing 
 speaks for itself. Again, Avhen, afterwards, Lady Tichborne had 
 those impleasant scenes with her husband, because she would insist 
 upon it, and din into his ears that Roger was alive, as Mr. Gosford 
 describes it, causing Sir James the greatest pain and misery, tear- 
 ing open the wound as it was healing, — she would have said, " Do 
 not say any more that Roger is dead ; he cannot be drowned ; he 
 drew a cheque from Australia." In like manner when she after- 
 wards advertised, when she Avi-ote to Mr. Cubitt, and told all about 
 her son, Avith a view to tracing him in Australia, she would have 
 added, as one of the most important and valuable facts and data to be 
 given to the agent who was to endeavour to find her son, that he was 
 last heard of, not before the wreck of the * Bella,' but as a survivor 
 of that wreck, fi-om his having drawn a cheque from Australia. It 
 would not then have been a question of mendicants in the garb of 
 gailors having told her a story about a crew having been brought 
 into Melbourne ; it would have been a positive and conclusive fact. 
 I say again the thing speaks for itself; and therefore we can only 
 suppose that the cheque which Mr, Hopkins thought of importance, 
 was one of three things, — either it was a cheque which Roger had 
 drawn before he embarked in the ' Bella,' and while in South 
 America, and Avhich came afterwards, and perhaps when there were 
 no further fimds at Gl}ai's to meet cheques, and there had been some 
 question about the payment of it ; or it was a cheque of some other 
 date draT\Ti by Roger, Avhich Mr. Hopkins produced to Mrs. Green- 
 wood, for the purpose of proving to her that the handwriting of the 
 defendant was the handwriting of Roger ; or, possibly, it was a 
 cheque of the defendant's own, to the signature of which Hop- 
 kins referred with a view of inducing Mrs. Greenwood to think that 
 the signatures of the two persons were the same. Notwithstanding 
 all this, notwithstanding the moral impossibility that such a cheque 
 as that could have been drawn by Roger fi-om Melbourne, because 
 that would have been conclusive that he had got there, Mrs. Green- 
 wood was subjected to three-quarters of an hour's cross-examination 
 as to whether she had not been shown a cheque which on the face of 
 it purported to be drawn by Roger. It is really unnecessary to say 
 more on the subject than that the thing entirely breaks down. It is 
 probable that there was some question about a cheque, and that 
 Mr. Hopkins told the defendant something relating to a cheque, 
 which produced an impression on the defendant's mind that Roo-er
 
 ( 379 ) 
 
 had drawn a cheque, but that such a thing as Roger's drawing a cheque 
 from Australia should have happened is quite out of the question. 
 
 In like manner there is a witness who stated that the defendant 
 became a witness to a receipt for him in Australia by the name of 
 Tichborne. This witness is Thomas Summers ; he says — " I was 
 in Australia ; I Avas at Castlemain, at a place called the Diggers' 
 Rest, and I bought a horse of a man who was next door to a bush- 
 ranger" — " one of a bad lot" — as he describes him — "I paid the 
 price of the horse — some 30/. or 40/., and I desired to have a receipt 
 that I might not be troubled afterwards about the payment. — The 
 seller gave a receipt, and I desired to have it attested, and I asked 
 a man who was going by the name of Castro, and whom I recognise 
 in the defendant, to be an attesting witness, and he wrote his name. 
 When I looked at the signature, I was surprised to find that he had 
 put ' R. C. T.,' or ' R. C. D., Tichborne,' He was more or less 
 intoxicated, and I said ' drunken men and fools always tell the 
 truth,' and I asked him, ' How many more names have you got to 
 go by?' to which he made no answer." This is the man who 
 says, also, that this man Castro went by the nickname of " The 
 Foreigner," from the simple fact that he was not an Englishman. 
 NoAV what there Avas about the defendant, if the defendant was the 
 man of whom he speaks, which would induce people out there to say 
 he w^as a foreigner, I do not know. Certainly, he did not appear to 
 be a foreigner to Mr. Gibbes, and the other people called from 
 Australia ; they saw nothing about him which gave them the notion 
 that he was a foreigner. But what makes this man's story unlikely 
 is this — he represents that the defendant who, if Roger Tichborne, 
 had at that time sunk his name to the world, and was going by the 
 feigned name of Castro, in a moment of forgetfulness occasioned by 
 being drunk, signed the name of Roger Tichborne — a thing which 
 the defendant himself does not profess ever to have done in any of 
 his dealings with the various people he was brought into contact 
 with, all the time he Avas in Australia. There is an improbability in 
 that respect on the face of that statement, but there is a still greater 
 inherent improbability Avhen you come to look at it. The man 
 represents that the defendant in 1857 or 1858 signed his name with 
 the three initials R. C. T. or R. C. D. Now Roger Tichborne 
 never could have signed R. C. T. Tichborne, because he never had 
 a third christian name ; or R. C. D. Tichborne, because he did not 
 know, and could not knoAv, that his father, having become entitled 
 by royal licence to put the name of Doughty before that of Tich- 
 borne, had assumed the latter name. In addition to Avhich, we find 
 that, when the defendant begins his correspondence with Lady Tich- 
 borne, he never adds the third name, showing plainly that at that 
 time he Avas not aAvare that the third name had been assumed. If
 
 ( 380 ) 
 
 tliis receipt had been produced, it might, however, have been a very 
 valuable document. The witness stated that he shewed it to a man 
 of the name of Munday, a farmer at Prior's Dean. Munday is 
 called, evidently a respectable man, and he says, " He told me he 
 had this receipt, and he promised to show it to me, but he never 
 did;" and it appears that Munday attached so little importance to 
 this receipt, that it never occurred to him to communicate to Sir James 
 or Lady Doughty a Avord about it. What makes the thing sus- 
 picious is this, that, as a document of that kind would be, of course, 
 one of very great importance, as showing that Roger Tichborne was 
 alive, and the witness must have been sensible of its importance, from 
 the fact of his communicating this statement to Munday, yet he says 
 that his "wife, Avith his assent and knoAvledge, deliberately destroyed 
 the document by putting it into the fire Avith other papers. I hardly 
 think that imder those circumstances you Avill attach very much im- 
 portance to the statement of that man. 
 
 Gentlemen, if Roger Tichborne landed at INlelbournc, Avhat Ave 
 naturally should have expected him to do under the circumstances in 
 AA'hich he Avas placed Avould have been at once to seek a ^^assage home. 
 The scheme of foreign traA^el Avhicli he had conceived had been en- 
 tirely frustrated and put an end to by the disaster Avhich had occurred. 
 Instead of being on his Avay to Mexico, to proceed thence to India, 
 he finds himself at Melbourne, a part of the world Avliich he never 
 contemplated visiting, and which probably Avould have but little 
 attraction for him. The first thing a man would be likely to do, 
 imder such circumstances, Avould be to obtain a passage to England. 
 The defendant tells us he tried to do so. If he is Roger Tichborne, 
 it is true he did so ; if he is not Roger, being conscious that that is 
 what Roger naturally Avould have done, he tell us that he did so. 
 He says he went Avith the captain first to the Custom House, and 
 then to some other establishment Avhere the captain endeavoured to 
 obtain a passage for him, but no passage could be got, because of the 
 then state of things in Melbourne ; and so he accounts for his not 
 going home. He says, " Before returning to the ship, the captain 
 and I were together at the office, and made inquiries for the purpose 
 of ascertaining hoAv I could get a passage to England, but Avithout 
 any useful residt. I learnt that Melbourne was then in a very un- 
 settled state in consequence of the gold mania ; that the crcAvs of 
 ships as they an-ived very frequently deserted for the gold diggings, 
 and that there Avas consequently great difficulty in procm-ing a pas- 
 sage to England. There Avere a great number of ships then in the 
 port unable to start for Avant of hands." That is Avhat he states in 
 his affidavit. On his cross-examination, he is asked — " Now, Avhen 
 you landed at Melbourne, just tell us, if you can, Avhat you did ? — 
 I went ashore Avith the captain, and I Avent to tAvo places Avith him —
 
 ( 381 ) 
 
 one I think was the Custom House, but I am not certaui about that, 
 and the other I do not know whose place it was." So that you see 
 the statement made to Mr. Marshall when he went down to Liver- 
 pool in 1868, upon his exanaination is altogether abandoned. 
 Mr. INIarshal], by way of testing- him, tried whether he knew the 
 office of himself and his partners as the agents of the ' Themis' ; 
 Mr. Marshall says, " 1 drew a plan of Melbourne and the principal 
 streets. I said, ' There is Prince's Bridge and there is the Custom 
 House. Show me where you went.' Then he put his finger on a 
 part of the town where our office was situated. I asked him to 
 describe the premises. He did so. He said the office was inside a 
 gateway. I said on which side of the yard was the office situated ? 
 He said, ' To the i-ight.' I then asked him which way the captain 
 turned when he went in? He said he went behind a partition to the 
 left. Although it was not behind a partition, he would turn to the 
 left. To test him further, I asked him to describe the adjoining 
 premises, Avhich were burned down in the following year, 1855. He 
 said it was a small cottage Avith two big trees in front. That small 
 cottao^e was a little cottage we lived in. The two trees were two aloes 
 — large even for the colony." But all this is abandoned on the exa- 
 mination in the Court of Common Pleas, and he says that he did not 
 know whose office the second place to which the captain took him 
 was. Then, as to his explanation of the story as there given, that he 
 did not get a passage in consequence of the state of the port of 
 Melbourne, and the difficulty in which the captains of ships found 
 themselves to get sailors to navigate them home, a good deal of 
 evidence has been broiiglit to you, but I cannot help thinking it 
 comes to very little ; because altli(Uigh there may have been a diffi- 
 culty at that time in getting crews in consequence of the tendency of 
 people who found themselves out there, Avhether sailors or landsmen, 
 to hasten off to the diggings in order to scramble for the gold, it 
 seems perfectly clear that sailors Avere found to navigate vessels home, 
 though sometimes, no doubt, at extraordinary Avages. It seems 
 perfectly clear that there Avas no suspension of postal communication 
 by the mail steamers or of conveyance of passengers to Europe. In 
 July, the month Ave are noAV speaking of, not only did the ' Queen of 
 the South' come home, a steam vessel belonging to the Steam Navi- 
 gation Company, Avhicli cai'ried the mail at that time, but Ave knoAv 
 fi-om Captain Peid that his vessel, the ' Red Jacket,' came home at 
 the same time, Avith a crcAV of npAvards of 100 men. He found no 
 difficulty as to his crcAV, and he coidd liaA^e made room for a passenger 
 if any passage had been applied for. 
 
 Gentlemen, Ave come next to the narrative of the defendant as 
 to Avhat he did after he landed at Melbourne. The defendant AA^as 
 under the necessity of accounting for the period Avhich elapsed be-
 
 ( 382 ) 
 
 tween the time of the going down of the ' Bella' and his coming 
 forward as Roger Tichborne. The voyage to Melbourne by the 
 vessel which is said to have picked him up would take an average 
 time of about three months. He would have landed in Melbourne 
 some time towards the end of July — he says he did so on the 24th or 
 thereabouts — and he has to account for the time from that date to the 
 time of his coming forAvard. No one would have believed him if, after 
 so many years of absence and silence, he had refused, or had been 
 vmable, to give an acconnt of his life and existence in the meanwhile. 
 Now the statement which he makes is this : — On the first and 
 second day after the ship which saved him and brought him into 
 Hobson's Bay had cast anchor in the port, he went with the captain 
 to Melbourne. On the second day, while the captain was engaged 
 on business, he strolled into an auction yard in which a sale of horses 
 was going on, when a horse was brought out and shoAvn which 
 plunged and bucked violently, Avhich attracted the attention of the 
 bystanders. A stranger was standing near him, and seeing the 
 defendant looking Avith interest at what was going on, asks, " Do 
 you think you could ride that horse ?" To which the defendant says 
 — " I think I could." Then they get into further conversation. 
 The stranger says, " As you can ride, if you want employment, 
 I shall be glad to take you into my service as a stock-driver." — 
 " What is that ? " Then the stranger explains to him what stock- 
 driving is. " It is easy enough ; you have only to ride after the 
 cattle, and keep them within the run, and bring them home and deal 
 with them as is necessary ; it is a pleasant life ; and if you are fond 
 of sport, you can get hunting and shooting." — " What are the wages ?" 
 — " 30^. a week." " Done ! " says he, " I am your man ; I will go 
 with you." Accordingly, he agrees to go. The stranger says, "We 
 must be off to-morrow morning, as I have to go back to my place at 
 Boisdale, which is 300 miles from here." Let me see that I do not 
 misrepresent the defendant. This is his account of it to his own 
 counsel. He says, " I went ashore for a walk, and I Avent into one 
 of the horse-yards. Mr. Giffard : What yards — auction yards ? — 
 Horse-sale yards. Q. In Melbourne ? — Yes, in Burke Street. Q. 
 What was going on there ? You say it was a horse sale-yard. Were 
 there horses there ? — Yes, there was a sale going on. Q. Was there 
 anything that attracted your attention — any horse, or anything con- 
 nected with horses ? — Yes. Q. TeU us what ? — There was a horse 
 bucking in the yard. A person standing by, seeing, I suppose, that 
 I was a new arrival, asked me if I could ride that horse. Q. What 
 did you say? — I told him I thought I could. Q. What happened 
 upon that ? — We got into conversation together, and he afterwards 
 asked me if I would go down to Gippsland with him. The Lord 
 Chief Justice: What? — We got into conversation. Q. And you
 
 ( 383 ) 
 
 added sometliliig? — lie afterwards asked me if I would go down to 
 Gippsland A\ath him. Mr. Giffard : Q. Do yoii mean at a later 
 period of the same conversation ? — Yes, previous to leaving the yard. 
 Q. Did you find out what this gentleman's name was? — I did. 
 Q. What Avas his name ? — William Foster. Q. Just tell us what 
 he said to you about going with him to Gippsland ? — I agreed to go 
 down. Q. But what did he say about going down? — He told me I 
 should have nothing to do but to ride. The Lord Chief Justice : 
 He told you what ? — He told me there would be nothing more to do 
 than to ride after stock. Q. You say you told him you thought you 
 could ride the horse that was bucking ? — Yes. Q. Were you a good 
 rider at that time ? — I ride very Avell. Q. Did you agree to go with 
 him or not? — I did. I left the yard with him. The Lord Chief 
 Justice : Left the yard ? — I left the yard in his company, my Lord." 
 And now comes the very remarkable incident of the change of name, 
 which the defendant says took place from this time, but for which he 
 fails to show any satisfactory motive. Mr. Giffard : " Did you 
 retain your own name or change it? — I changed it. Q. What name 
 did you change it to? — To Castro — Thomas Castro." Then a 
 gentleman of the jury interposes and says — "On board the American 
 ship you Avent by the name of Tichborne? — Yes, my own name. 
 Mr. Giffard : What suggested to you that name of Thomas Castro ? 
 — By knowing Castro in Chili ; I do not know what put it into my 
 head. The Lord Chief Justice : Will you repeat what you have 
 said ? — I suppose it was by knowing Castro ; I cannot exactly tell you 
 what my mind was at that moment, for I have no recollection of it. 
 I had no other reason." He had said the stranger told him he would 
 have nothing to do but to ride after stock. Upon this Mr. Giffard 
 asks : " Do you remember anything Mr. Foster said to you that 
 induced you to go with him ? — He said it was very jolly to live in 
 the country, there was plenty of hunting and shooting." This was 
 the same thing as he had in substance said on the examination before 
 Mr. Roupell ; for there, Avhile in the hands of my Brother Ballantine, 
 in re-examination, he is asked : " When you Avere in Australia, used 
 you to ride a great deal? — Yes, I was a great deal in the saddle. 
 Q. Was there any hunting there of any kind ? — Yes, there Avas very 
 good hunting. Q. Hunting of what? — Kangaroo, emeu, and the 
 native dog — the dingo. Q. Were you ahvays very fond of sport of 
 that kind ? — Yes, very much so. Q. Were you a good shot ? — Yes, 
 very. Q. And used you to go out for hunting and shooting excur- 
 sions into the interior ? — Yes, very often. I used to go out by myself 
 for months at a time. The Examiner : You Avent out by yourself^ 
 did you say ? — Yes. Mr. Serjt. Ballantine : When you say by 
 yourself, how do you mean ? — I have been four months in the moun- 
 tains Avithout seeing the face of a human being of any description.
 
 ( -^84 ) 
 
 Q. Were you on horseback? — Yes, on horseback. And you hare 
 fi-equently been alone into the mterior? — Oh yes, very often. Q. 
 Were they occupations that attracted much of your time and atten- 
 tion ? — Yes. Q. Were you very fond of them ? — Yes, I was ; they 
 were my principal hobby." So that, according to his account, he 
 was attracted by the description of the life he would have to lead, 
 and the opportunity of following sports of which he was fond, and he 
 accepts the service at the wages of 305. a week. He says they started 
 the next morning and rode this journey which Mr. Gibbes has told 
 us is a journey of some 300 miles and upwards. They arrive at 
 Boisdale ; there he enters at once on the life which was before him, 
 of a stock-di'iver of cattle, occasionally slaughtering them Avhen 
 necessary. 
 
 We have to observe now very carefully the dates which he gives 
 us to fix the period of the service under Mr. William Foster. In his 
 affidavit he gives this account : " I immediately afterwards left 
 Melbourne with INIr. Foster and his horses, and proceeded to his 
 station at Boisdale in Gippsland, on the Avon River, nearly 300 
 miles fi-om Melbourne, where I remained about nineteen months. 
 Mr. Foster then gave me charge of the Dargo Station in the 
 Australian Alps, about 115 miles further inland, where I remained" 
 • — Be so good as to follow me in these dates — " for about eighteen 
 months, and then returned to Boisdale, where I stayed for about 
 three months, and then left." Now nineteen months and eighteen 
 months and three months would give a period of forty months — in 
 other Avords, of three years and four months. As his agreement with 
 Mr. Foster and departure from Melbourne took place at the end of 
 July, three years would bring us to the end of July, 1857, and if we 
 add the other four months, we are brought to the close of the year 
 1857. On his examination in chief, the defendant's statement 
 coincides with that of the affidavit. " How long did you stay at 
 Boisdale? — Till the commencement of 185G or the latter end of 
 1855 ; I am not certain Avhich. Q. How long did you remain 
 altogether with Foster? — I left him in 1857, the latter part of 1857." 
 Here we have the same period, that is to say of three years and four 
 months. But on the cross-examination, which took place some time 
 afterwards, he varies the pei'iod, and then says he was at Boisdale 
 twelve months, and at Dargo fifteen or sixteen, and then finally at 
 Boisdale two or three, which wovdd give us a period of thirty months 
 in round numbers as against the forty months of his former statement ; 
 and you will find by-and-by that the difference is not altogether 
 immaterial. 
 
 This period of service at Boisdale and Dargo becomes in every 
 respect of paramount importance. It was during it that, he tells us, 
 he formed acquaintance with a person whom I must now introduce
 
 ( 385 ) 
 
 to your notice, and who becomes a very important personage in the 
 development of this drama, althongli one Avhom it is somewliat 
 difficult to follow and to fix. It is a large and stalwart fi-ame, but at 
 the same time one which often assumes a very shadowy appearance. 
 Sometimes it seems to divide itself into two, and then the two unite 
 again ; at times the form seems to blend itself with that of the defen- 
 dant, and again to separate from it, and again to blend wdtli it, so 
 that, at last, one's senses are almost bewildered as to whether we 
 shall conclude that there are two men or only one. Gentlemen, I 
 must ask you most carefully to watch the details of the history of 
 the man Avhom I am about now to introduce on the scene, who I 
 need not say is Arthur Orton. Not that I am going into the question 
 of Avhether the defendant is Arthur Orton at this stage of the case : 
 things are not yet ripe for it; the case has not been sufficiently 
 developed ; Ave have not yet got before us all the facts, nor am I at 
 present in a condition to place before you all the facts which it is 
 necessary to take into accoimt in solving that important question ; 
 but it is necessary, in order to understand the history of the defen- 
 dant as Castro, that you should have before you the outline, so far as 
 the facts are undisputed, of Arthur Orton's life. 
 
 Arthur Orton, as we know, was the son of old George Orton, 
 the shipping bxitchei', in the High Street, Wapping ; and, until 
 one of the witnesses for the defence asserted the contrary, I had 
 been led to believe that old George Orton was a worthy, respectable 
 man, who enjoyed the esteem and regard of his neighbours and of 
 people who had dealings with him. But one of the witnesses called 
 for the defence thought proper to speak of him as an unprincipled 
 man, who got into debt, and Avho would not pay what he owed, and 
 struck in that Avay a blow at the old man's reputation. It is imma- 
 terial in this case, except that the examj)le of an unworthy father is 
 sometimes followed by his son, Avhich might account for the things 
 we are told Arthur Orton did. Be this as it may, old Mr. Orton 
 lived many years in the High Street, Wapping, and had a very 
 numerous family ; and it may not be luiimportant to mention their 
 names, as many of them come up in the course of this inquiry. He 
 had no less than eight sons and four daughters, making a family of 
 twelve, all of Avhom Avere born Avithin the years beginning Avith 1819 
 and ending Avith 1834; so that old Mrs. Orton certainly blessed her 
 husband Avith as numerous a progeny in as short a space of time as a 
 husband could Avell desire. We begin Avith Thomas, the eldest of the 
 family, who Avas born on the 27th of August, 1819. Then comes 
 Elizabeth, Mrs. Captain Jury, born March 16th, 1821. Charles, 
 whom we have heard much of, was born on the 5th of June, 1822. 
 George, who is noAv commanding a steam-vessel in some distant part 
 
 c C
 
 ( 386 ) 
 
 of tlie world, was born on the 15 th of September, 1823. Margaret 
 Ann, the other Mrs. Jury, was born on the 9th of October, 1824. 
 Mar J Ann (Mrs. Tredgett) was born on the 4th of June, 1825. 
 William, the man they called Gentleman Orton, because he was 
 slim, and not a great huge figure like the rest, was born on the 21st 
 March, 1827. Kobert, who went away at the age of sixteen or seven- 
 teen, and of whom we have heard nothing further, I am sure I do 
 not know why, and whose course and whereabouts it certainly Avould 
 have been more satisfactory to have had brought before us, was born 
 on the 15th of April, 1828. He was, therefore, six years older than 
 Arthur. Alfred, who, I believe, died, was born on the 17 th of 
 AvTgust, 1829. Edmund, of whom we have heard a good deal, was 
 born on the 1st of March, 1831, and was, therefore, three years older 
 than Arthur. Matilda, another daughter, who died, was born on the 
 13th of September, 1832. And lastly, Artlim*, of whom we have 
 heard so much, and Avhose history I am about to trace, was born on 
 the 20th of March, 1834. 
 
 As a boy he went to some child's school in the neighbourhood, 
 and afterwards to a more advanced school, but seems never to have 
 made much of his letters : and there seems to have been very good 
 reason for it. At an early age, when only about nine or ten, he 
 was afflicted with the malady called St. Vitus's Dance. All the 
 witnesses, those for the defendant as well as those for the prosecution, 
 are more or less agreed on this. We have satisfactory proof of it in 
 the evidence of Mr. Brown, a medical gentleman who was called in and 
 consulted on the subject by the boy's parents, from whom he learned 
 that it had fallen upon the lad in consequence of a fire which had 
 taken place in the immediate neighbourhood. The boy, awaking 
 suddenly in the night, was terrified at the sight of the flames, whence 
 this malady ensued. We have been told that it affected his neck and 
 side as well as his face ; and if he was suddenly called out to in the 
 street, or anything happened to alarm or excite him, the manifesta- 
 tions of the complaint became very plain in a jerking of his side and 
 limbs. The malady afflicted his face also, and caused him to slobber 
 at the mouth. No doubt to a certain extent it affected his intellect, 
 for we are told the boy learnt very slowly, and was what is called at 
 school a dunce. Nor does he seem to have had fair play in the 
 matter of education ; he was taken away early from school and 
 employed in his father's shop. Whether he was apprenticed to his 
 father appears imcertain, very likely he was not ; but that he assisted 
 in his father's shop is certain, and no doubt he was taught his business 
 as a butcher with a view to his afterwards continuing in that employ- 
 ment. But after a time it was found that this nervous affection and 
 the painful appearance it gave him got no better, and, whether on 
 medical advice or not I do not know, the father determined to send 
 him to sea as the best thing that could be done to get rid of this
 
 ( 387 ) 
 
 complaint, as well as to give employment to the boy. Accordingly 
 it was arranged tliat lie should be apprenticed to a shipowner, a 
 Mr. Brooks, master mariner and part owner of the brig ' Ocean,' a 
 vessel which in 1848 was about to proceed on a voyage to Valparaiso, 
 and he was regularly apprenticed by indenture to this Mr. Brooks. 
 A register ticket being necessary at that time, he got it in the usual 
 way, the number being 393,719. In the month of j\Iay the ' Ocean' 
 started for Antwerp in ballast, being chartered to take in cargo at 
 Antwerp, and Arthur shipped on board and was employed as cabin 
 boy. Mr. Brooks, who commanded the ship himself, and his wife — 
 having become his widow, she has married again since, and was called 
 before us as a ^wdtness — were to have gone out in the ship, but they 
 changed their minds at Antwerp and did not go, and the command 
 Avas given to a man of the name of Preston who had been mate. 
 The ' Ocean ' cleared out from the Thames on the 4th of May. We 
 do not knoAv the precise date of her departure fi-om Antwerp, or of 
 her arrival at Valparaiso, but no doubt she arrived in due course. 
 After her an-ival at Valparaiso the vessel was employed for some 
 time in voyages on that coast, the precise nature of which we do not 
 know, but we do know that in the month of June, 1849, she was 
 again at the port of Valparaiso, and that on the 25th of June Arthur 
 Orton deserted from the vessel. He next appears at INIelipilla, 
 a place some thirty or forty miles inland fi-om Valparaiso, the reason 
 of which probably was that he was afraid to stay at Valparaiso lest 
 he should be found there by the local police and taken back to the 
 ship, in which case no doubt he would have been roughly and severely 
 treated. ^Vhatever the cause, he wanders inland, and gets somehow 
 or other to Melipilla. It so happened that there was an English 
 doctor, named Hayley, who had settled there, and had married 
 a lady of that country. The boy begged for assistance, and the 
 people could not understand his language, but they made out that he 
 Avas an Englishman, and as there Avas an English doctor there they, 
 naturally enough, sent him to the house of the Englishman. The 
 English doctor took compassion on this boy, who told a sad story of 
 ill-treatment on board ship ; hoAV the captain had used him cruelly, 
 and beaten him ; and the doctor and his Avife took the boy in, and 
 fed and clothed him, and treated him kindly. A young fair-haired 
 English boy, telling this sorroAvful tale, he found his way to the 
 hearts of these people. It appears that at Melipilla, a large village 
 AA'ith a good many inhabitants, not a town, but a sort of half A'illage, 
 half town, the people, being mostly in business or carrying on agri- 
 cultural occupations, are simple-minded, kindly people, and they took 
 a liking to this English boy, who ingratiated himself with them, and 
 they received him into their houses, one after another, and allowed 
 him many advantages. The country is one where every man has his 
 
 c c 2
 
 ( 388 ) 
 
 horse, tlie stock of horses being abimdant. The boy had been used 
 to ride the Shetland ponies, as Ave know, and could sit upon a horse, 
 and they used to let him ride their horses, and lent him a gun to go 
 and shoot what he coidd find— in short, were extremely kind to him 
 for a considerable period. All this has not only been shown by the 
 positive evidence of Dona de Hayley, but it appears also fi^om the 
 Castro correspondence, which, whether the defendant is the Arthur 
 Orton referred to in that correspondence or not, can leave no doubt 
 that Arthur Orton, or some person bearing the name of Arthur 
 Orton, was there, and that he Avas made much of by the inhabitants, 
 and became on exceedingly intimate terms with them. After a time 
 he got tired of this life, and I suppose had that yearning for home 
 which naturally arises in a young felloAv Avho wishes to see his father 
 and mother and sisters and brothers again ; and his fi-iends at Meli- 
 pilla were kind enough to make up a purse for him to send him to 
 Buenos Ayi*es on his way to England ; but if his first intention Avas 
 to go by that route, he did not folloAv it out. Instead of that he goes 
 back to Valparaiso, and there, in order to find his Avay home, he 
 engages himself as a seaman on board a ship, the name of Avhich 
 becomes very important, namely, the ' Jessie INIiller.' He signs 
 articles, but signs in the name of Joseph M. Orton, and he is entered 
 in the ship's books by that name on the 18th of February, 1851. 
 He had no register-ticket. In those days when a man Avent on board 
 a A^essel the register-ticket — I think register-tickets are done aAvay 
 with noAV — was given up to the captain, and if the man deserted, 
 the register-ticket Avas forfeited. Consequently Arthur Orton had 
 no register-ticket at this time, and when he obtained one afterAvards, 
 as you Avill see presently he did, it Avas on the assumption that the 
 former register-ticket had been Avorn out. 
 
 NoAV, the * Jessie Miller,' in Avhich he shipped, as I haA^e said, as 
 an ordinary seaman, arriA'ed in this country on the 11th of June, 1851. 
 We hear that, for a time, he swaggered about with a smart cap, such 
 as Avould be Avorn by an oflScer on board ship, but AA'hich he certainly 
 AA^as not entitled to wear, because he had been only an ordinary 
 seaman. However, he thought proper to wear that and a blue suit, 
 like a man just come from on board ship. After a time he resumes 
 his former occupation, and is seen in the ordinary butcher's dress 
 assisting in his father's shop as a butcher's man, and taking the 
 meat on board A'arious ships, Avhich his father Avas in the habit 
 of supplying, about the docks and in the river. At this time the 
 nervous affection called St. Vitus's dance — the convulsive, spas- 
 modic moA^ement of the nerves and muscles, and AA'hatever part Avas 
 affected by the complaint — had very materially improved. He had 
 ceased to slobber at the mouth, and he had no longer the tAvitching 
 of the various parts of the body ; the twitching of the face alone
 
 ( 389 ", 
 
 remained. Wc know tliat the movement of tlie face continued ; it 
 may perhaps be doubtful wliether it remained as tlie result of the 
 former complaint, or Avhethcr it was not an hereditary propensity; 
 for more than one witness has told us it Avas a peculiarity of his 
 father's. A Avitness of the name of Shepherd, Avho Avas called, spoke 
 of that in A^ery strong terms. Whitbread, another Avitness, says : 
 " The father had a peculiar nervousness about the movement of his 
 eyes ; a continual loAA^ering and raising of his eyebrows Avhile you 
 were speaking to him — not a tAvitching, it was a raising and lowering 
 of the eyebrows. Everybody used to notice that peculiarity." The 
 young man remained a time in London and did not leave again luitil 
 the end of November, 1852. In the meantime, being a lad of eigh- 
 teen or nineteen, he thought it necessary, or at all events pleasant, to 
 haA^e a SAveetheart : and he addressed himself to a lady Avliose maiden 
 name I do not knoAV, but Avho came before us as a AvidoAv of the name 
 of Johnson. She did not like him, and Avoidd not have anything to 
 say to him, and told him, Avhat I believe Avas a little feminine fiction, 
 that she was already engaged to a sweetheart, and did not Avant a 
 second. Then he appears to have addressed himself to Miss Mary 
 Ann Loader, Avhom he found more favourably disposed, and Avho 
 consented to be his SAveetheart Avith a \iew of becoming his fiiture 
 bride. So things continued for some time, but toAvards the latter 
 part of 1852 — I suppose the old man found he had more people in 
 his shop than really did any good — so many sons, and not so large a 
 business as required the assistance of so many — it Avas thought 
 desirable that Arthur should do something for himself ; and he deter- 
 mined to go out to Australia and seek his fortime there, with the 
 further purpose that, if he found he could get on and make money 
 enough to AA'arrant his taking a Avife, Miss Loader Avas to go out and 
 join him for the purpose of their being married. This being so, an 
 oj)portunity offered for his going out to Australia. One of the vessels 
 regularly trading to Hobart Town Avas a ship called the ' Middleton,' 
 which belonged, at all events in part, to a Mr. Chapman, a gentleman 
 Avho lived at Hobart ToAvn, or had a country-house in the outskirts 
 there. Mr. Chapman Avanted a pair of Shetland ponies, in Avhich, as 
 Ave knoAV, old Mr. Orton and his son Thomas dealt ; and it Avas 
 arranged that Arthur should work out his passage in the ' Middleton,' 
 taking charge of a couple of Shetland ponies Avhich were to be sent 
 to Mr. Chapman. Accordingly, he Avas entered in the crew list as 
 butcher of the ship ' Middleton.' It Avas necessary that he should 
 get a fi-esh register-ticket ; and also that the articles of apprentice- 
 ship to Mr. Brooks should be cancelled, and this being assented to, 
 they were cancelled; and he got at the proper office a fresh register- 
 ticket, with the same number as his former one, namely, 393,719. 
 On the register-ticket he is described as butcher, born at Wapping 
 on the 20th of March, 1834, and his height is given as 5 feet 9|,
 
 ( 390 ) 
 
 complexion fair. Then comes the entry as to marks on the person : 
 " none." Now, marks on the person, yon know, may be distingnished 
 into two classes — marks on parts of the person which are exposed, 
 the face and hands ; marks on those parts of the person which would 
 be clothed. As to marks ^dsible on the parts exposed, the officer who 
 takes down the various things Avhich go to make np a man's personal 
 description Avonld look for himself. As for the other, there is no 
 stripping of the person, as there is on a man going into the army, so 
 as to enable the officer to see whether there are any marks or not; 
 that is taken from the man's statement; if he says there are none it is 
 so put doAvn ; while if there are any which the officer can see on the 
 parts exposed, of course he puts them down. The duty may be 
 neglected, but I should presume that if Arthur Orton had any mark 
 visible to the sight upon his face when he got this register-ticket in 
 November, 1852, and the description of him was put upon it, the 
 officer would have noted that, and put it down. There is no mention 
 of anything of the kind. The bearing of this will be seen hereafter. 
 The ticket is signed "Arthur Orton." Then there is this statement 
 on the ticket: "Re-issued to the bearer, Arthur Orton, by the 
 Registrar of Seamen, London, 12th November, 1852, in place of a 
 worn-out ticket of the same number issued, London, 19tli April, 
 1848." Thus we have the Joseph M. Orton of the 'Jessie Miller' 
 clearly and unmistakably identified with Arthur Orton, as, indeed, 
 was fiilly admitted by the defendant's counsel. Then he is regularly 
 entered on the list of the * Middleton ' crew. I have the list of the 
 * Middleton ' crcAv before me, and among the names upon it are these : 
 " John Lewis," stated to us by Henry Allen, who was cook on board, 
 to have been first mate; " James Peebles, boatswain, or second mate." 
 Then there are names which are unimportant to us: "Alexander 
 Buttas, William Stockdale," and " Henry Allen," who, as I have 
 just said, was the cook and who was a witness before us, "John 
 James, John Burdett, J. James Carter, James Reid," and a name 
 which is not unimportant, " Owen David Lewis." 
 
 The vessel left the Docks, we are told by one of the witnesses, on 
 the 29th of November; another witness says she was to have started 
 the previous day, but something occurred to delay her, and she did 
 not go until the following morning. The vessel appears to have 
 been detained in the Downs. We have a series of letters written by 
 Arthur Orton from the Downs, and also from Torquay, where the 
 ship afterwards put in, to his sweetheart Mary Ann Loader, and 
 by-and-by you will have to compare certain letters written by the 
 defendant with these letters written by Orton to Miss Loader, with 
 a view to the writing and the spelling and the general style of them. 
 I will read them as I pass on; this is the first: — 
 
 " Sunday, Dec. 12/52. Dear Mary Ann I now take the first 
 opportunity of wrighting to you which i hope will find you & yoiu'
 
 ( 391 ) 
 
 mother quite well as it leaves me the same." I should observe that 
 there is a peculiarity which constantly prevails throughout these 
 letters, namely the writing the pronoun "I" with a small "i." There 
 is another also which should be particularly noted, as, like the use of 
 the small " i," it is a peculiarity in the writing of defendant, as well 
 as of Arthur Orton, it is the constant use of the fidl stop instead of 
 the comma, either because the writer does not understand the value 
 of the stop, or, intending to use the comma, forms it like a flill 
 stop. In the series of letters I am about to read to you scarcely 
 an instance of the use of the comma, properly formed, occurs, the 
 full stop being always substituted for it. " We have been lying 
 here ever since we came away. We went away once but had to 
 come back again it blew so hard. I hope you will write to me as 
 soon as you can. If you write to me to day i shall get it as 
 we are lickely to lay here 3 or 4 days more yet. you must 
 excvise my writen as the ship is piching " — written mthout the 
 " t " — " very much, we lost one of our anchor last night it blew so 
 hard that it very near blew us on the sand. I hope you AviU not 
 show this to any one as it is wrote so bad. if i get a letter from you 
 i will write again so Good bye. give my Love to all enquireen 
 friends and except the same from Your affectionate Friend Arthur 
 Orton. You must put them directions on the Letter Dear. Mr. A. 
 Orton on board the ship ' Middleton ' Capt. Storie for Hobart Town 
 now at Deal." Then the envelope is addressed " Miss M. A. Loder 
 N". 8 Russells Buildings Wapping London." That is from the 
 Downs. Then he gets to Torquay; whence he Avrites : " Torkeye 
 Christmas Day. My Dear Mary Ann I take the opportunity 
 of writing these fue lines " — Where the Avord " few " occurs it is 
 generally written " fue," which you will find is the way the defendant 
 writes it — " a fue lines to you which i hope will find you quite well, 
 as it leaves me the same i little though " — without the final " t " — 
 " that i should not been farther than this now or i should have had 
 my Christmas at home. I have had a happy christmas it is true 
 Because i am quite well, but not very mery. as there Avas Plenty 
 of work, i receved " — he writes received Avithout an i in the second 
 syllable, Avhich, again, is the pecidiar spelling of the defendant — 
 " your letter in the Doavus but not in time to ansAA'er it. as we was 
 just a goin away, so my Dear you must excuse me in not ansAver- 
 ing it before as it Avas no neglect of myn I hame Steward of the 
 Ship now so i have got £3 per month for the passage out 
 Avhich will be feAV pounds for a begaining. i am very comfetable 
 on board we have had A^ery bad Aveather. Ave Avas a blage to 
 put in here for shelter, and not very Good Shelter eather. as it 
 is a bloAving a gale of Avind noAv 2 anchors doAvn, and Draging. 
 it is noAv a 11 o'Clock and i am geting sleepy so must excuse 
 the Shortness of the letter give my love to your Mother and
 
 ( 392 ) 
 
 all enqiiiren friends and except tlie same from your affectionate and 
 well wishing friend Artiier Orton." Then comes a letter of De- 
 cember the 28th, 1852 : " My Dear Mary Ann The Boat is 
 going on shew" — he writes " shew" for " shore" — " so i will write a 
 few lines to you Avliich i hope Avill find you quite well as it leaves 
 me the same at Present. We have had very Bad Wather. it is 
 Blowing great Guns now so you must excuse the shortness of the 
 letter, i am quite well and i hope you and mother is the same, if 
 you write i shall get the letter, write as soon as you can. and let 
 me know how my Dog is and i hope if he is in want of a hom.e you 
 wiU give him one. not that i hame a fraid of him wanting one. My 
 Dear you must excuse my writing i cant write strat that you can see 
 but i suppose it will do. I hope Mr. Starkie and Mrs. Answery is 
 quite well give my repects to them, i have no more time the boat 
 is a waiting so i must conclude, so Good buye i Avill Avrite as soon 
 as i can. my Dear let me know wether you will come out. if i send 
 you the means so Good bye give my Love to all and except the same 
 from your affectionate Arthur Orton. Middleton Capt Storie for 
 Hobart Town now at Torkeye Devenshire." He writes again on 
 New Year's Eve : " My Dear Mary Ann I receved your letter 
 this evening and was very Glad to hear that you are quite Avell as it 
 leaves me the same. I wrote you a letter the day we left the downs. 
 But one of the men found it behind one of the water cast, so i sup- 
 pose the Boatman i give it to. Dropet But i Avill send you it so as 
 you shall see it was so. not that i think you wiU doubt my word. I 
 was at first afraid that you would not answer my letter when i found 
 the other. So my Dear ]\Iary Ann you must excuse me on your 
 not gettin it. I hope we may not continue lick this long as i am 
 miserble with out a fair Avind. I Avill as soon as possoble write My 
 Dear Avlien Ave get out. I have never been on sIicav here yet. they 
 are frighten i Avill leave her Because i said so the other day in joeking. 
 I have not lost my sences yet aAvile Excuse the shortness of the letter. 
 as it is very late, j to 12 and i am A^ery sleepy so Good bye. giv^e my 
 love to all enquireen friend and except the same fi-om your affectionate 
 friend Arthur Orton. give my best respects to you Mother and tell 
 her i thank her kindly for her good Wishes. Good bye." There is 
 one more letter of January the 16th from Torbay : " I receved your 
 letter last night, and Avas happy to hear you are quite Avell, as it 
 leaves me the same. No my Dear i have not wrote any. since the 
 tAvo notes togather. excepting the one you answers. You ned not 
 care my Dear Avather they knoAV i AA-rite to you or not for my Part. 
 I can not make out avIio my other neice is excepting it is Elens. I 
 did not knoAv anythink it. I Avrote to them the same time i wrote to 
 you but had no ansAver yet. The reason you did not get that letter 
 was the Avind blcAv so hard that the Boat could not set on shore until 
 Wednesday i Avrote the letter last Sunday. So that accounts for lost
 
 ( 393 ) 
 
 of time. I can not say anytliink about returning. I dont think our 
 ship will get out safe God knoAv. i might be in London before 
 llobart Town, but God forbid that i should. The wind is very wild, 
 and the Vessel very crank. The IJoat is a goin to try to get on 
 shew this afternoon, but i am a fraid she will not get so far. Those 
 who told you that Ave had lost one mast tells very great stores" — 
 witten without the " i " — " we have not been out to sea since Christ- 
 mas day. No sign of fair wind yet. I will write before we sail 
 Good bye give my best respects to your Mother Brothers and Sisters 
 give my Love to all enquiren friends and except the from your 
 affectionate Lover — Arthur Orton. Write Avhen you can Dear." 
 That is the last letter he wrote to her from England. I should 
 particidarly observe that all these letters have at the bottom, under- 
 neath the signature, that curious hieroglyphic Avhich Arthur Orton 
 appears to have been in the habit of using, Avhich consists of two 
 " c's " back to back, or two crescents, Avitli four dots and a AV 
 reversed, Avith a stroke under it at the bottom ; a curious hieroglyphic. 
 Whether they are in the habit in South America of using signs of 
 that description attached to signatures I am not aAvare. We have 
 had no information given us Avliich would throw light upon that 
 matter. He had acquired that habit somcAvhere, and he annexes 
 that peculiar hieroglyphic — as we have called it in the course of the 
 trial — to all these letters. 
 
 Gentlemen, the ' Middleton,' in Avliich he sailed, arrived at llobart 
 ToAvn in May, 1853. He Avas in charge of the ponies on the Avay 
 out. He was part of the time stcAvard, and then he appears to have 
 resumed his office as butcher, and some one else Avas appointed as 
 stCAvard. When he arrived at Hobart ToAvn, the ponies, of coin-se, 
 were landed, and he took them to INIr. Chapman. AfterAvards he 
 got into employment as a slaughterman Avith some of the butchers in 
 Hobart Toavu, and continued in that Avay for some time, after Avhich 
 he gave up that species of employment, and then became drover, or 
 stock-keeper, to a gentleman in the neighbourhood, who had a station 
 in the vicinity of Hobart Toavu. On the 18th of September he 
 Avrites another letter to Miss Loader : " September 18/53. My Dear 
 Mary Ann I take the opportunity of Avriting these fue lines to you 
 Avhich i hope Avill find you quite Avell. as it leaves me the same. 
 Henry Angel arrived here last Tuesday, and i Avas very much sur- 
 prise at not receving a letter from you. I have being here 5 month " 
 — that is a peculiar expression, bear it in mind; you Avill find 
 the defendant using the same form of language — " I have being 
 here 5 month and not receved a letter from any body but Eliza- 
 }jerth" — with an "r" in the final syllable — a remarkable Avay of 
 Avriting it. This might have been accidental, but it clearly is not 
 so, for the Avord " Elizaberth" occurs again tAvice in the next letter, 
 and each time it is AA^itten in the same way Avith an "r" — " i suppose
 
 ( 394 ) 
 
 you have quite forgot me now but i have not forgot you yet. nor 
 wont until i get reasons for it. My Dear girl I hope you will be 
 comfitable until i come home, that will be in about 15 month, the 
 gold diggers and solgers are fighting like Tagers in Melborne. as 
 soon as they have done i shall go over and try my luck, they sent 
 here last week for 500 more solgers to guard them. Frank Jury is 
 stil at port Arthur, i have not seen him yet Mrs. Jury had a baby 
 last week. I ham very Glad my Dear you did not come out when i 
 wanted you because this is a Dreadful place to live in. I should not 
 been able to have made you comfitable. and i would sooner luse all i 
 got than made you un so. i dont know what my Brothers & Sisters 
 could be thinking of not to send me a letter by Henry Angel, they 
 must have kne^vn that i should have seen him when he got here, 
 but never mind. I shall settle with them when i come home, i hope 
 you tell me all the news when you do write, so Good bye give 
 my best respects to your mother, and my Mother and Father 
 Sister and Brothers and all the Family and all inquiren Frinds. I 
 remain Your Aflfectionate Lover Arthur Orton." After that, Miss 
 Loader says, he wrote her one more letter which she has not kept, 
 which arrived about Christmas, and then all flirther correspondence 
 was dropped ; and he seems to have retained but a very faint recol- 
 lection of his former love. After that, through the Jurys and their 
 influence with a gentleman of the name of Mansfield, he got employ- 
 ment as a stock-driver with a gentleman in the neighbourhood, a 
 Mr. Johnston, a wealthy proprietor in those parts ; and so he appears 
 to have been employed in ]\Iarch, 1854, when he writes a letter to his 
 sister Elizabeth, and this is a date which hereafter may become material. 
 When I say 1854, there is no such date to the letter ; it is only dated 
 the 31st of March, but inasmuch as the last that was heard of him by 
 his friends in this country was by a letter from him, which arrived, as 
 we know fi.-om Mr. Richardson, on the 9th of June, 1854, this date 
 would correspond with the letter. It is — " Dear Sister, I came back 
 from the Sounds yesterday & receved a Letter from Mary Ann 
 Dated 30 Dec"" she say they receved a Letter from you. so i suppose 
 by that you have been a long while there. Mary ann says she wrote 
 Four times, but this is the first i receved Capt Angel was here some 
 time ago. but he brough no Letters, in fact I came a bout 80 miles 
 from the run to see him. but I only see him once after all, he was so 
 busy with one and other that that he had no time to speak to me. I 
 meet M^ Jury down at the sounds & had a long talk with him I go 
 to the sounds once every ten days so I shall see him every month, he 
 comes every other day to the sounds for INIeat. he seems to be doing very 
 well. I have Avrote to George several times but never receved an 
 answer let me know my Dear Sister weather you have heard fi-om 
 him or not. i feel very ancius to know. Give my best respects to 
 Capt Jury and tell him i should very much like to see him and little
 
 ( 395 ) 
 
 Emily again. I shall never go to England again Dear lisy. I have 
 made my mind to that. I am now living with Mr W. Ladds of 
 Elizaberth Street. I have been stock riding for him know 2 month. 
 I use to land the imported Stock before, but this pays me better so i 
 shall continue, give Little Emily a Dozen Kisses for me and tell her 
 to give you one for me. So Good by. hoping to hear from you soon. 
 Father & JNIother ware quite well when she wrote but Thomas was 
 rather ill. Let me Know how my Dog was geting on when you left. 
 i will write a long one to you when i know where you are for a 
 certain. I dont mean Mary Ann Loader that I got the letter from. 
 I Remain yom' affectionate Brother Arthur Orton. Care of Mr. 
 "W". Ladds Elizaberth St. Hobarton." 
 
 Those are undoubtedly genuine letters of Arthur Orton. It was 
 said by the learned counsel for the defendant, that the man who 
 wrote those letters showed such a -svretched state of education and 
 manners, that he must be taken to be a " low, coarse brute " — that is 
 the way in which he described poor Arthur Orton. Now I must 
 say, judging fi-om those letters, I see nothing which warrants the 
 application of such language to the writer. The man is an unedu- 
 cated, illiterate man ; he cannot write English, he cannot spell ; but 
 it is not because a man is illiterate, and has not had the education 
 and social advantages of his more fortunate superiors, that we are 
 warranted in calling him a low, coarse brute. There is nothing in 
 the sentiments of those letters that in any degree justifies such an 
 assertion. The man shows a kindly feeling towards the girl who is 
 his sweetheart at the time ; he speaks kindly and affectionately of his 
 relations and his friends ; he has a fond and tender feeling towards a 
 little niece, whom he calls " little Emily," and to whom he sends his 
 kisses ; and last, not least, he speaks kindly of his dog, and really 
 shows a good deal of heart, and nothing which in the slightest degree 
 justifies calling him a low, coarse brute. It is not because a man is 
 not well educated and cannot write English orthographically, that 
 you are to look down on him contumeliously and with disdain. I 
 have known many a rough honest fellow one has been brought into 
 contact with, whom one Avould be very glad to see again and to 
 shake by the hand, valuing the man's grip quite as much as one 
 would the highest nobleman's ; and men are not to be spoken of in 
 this way, and would not have been, I suppose, except for the in- 
 satiable love the learned counsel has of flinging paving stones at 
 everybody, and so poor Arthur Orton comes in for his share. It is 
 very likely, and I suppose it was so, that Arthur Orton, after he got 
 into the colony, where many wild fellows were congregated at that 
 time, got led astray ; probably he fell, as many a man does, by the 
 influence of evil example, and I daresay became afterwards an aban- 
 doned, unprincipled ruffian ; a robber if you please. He is not the 
 first man who, starting with good dispositions, has thus become per-
 
 ( 396 ) 
 
 verted. It may liave been so, but up to this time I cannot see any- 
 thing which justifies the unsparing abuse which was lavished upon 
 that man. 
 
 To continue the narrative : He was, as I have said, in the service 
 of Mr. Johnston as a stock-keeper in the year 1854, at the time he 
 wrote that letter in the month of INIarch. Whether he remained in 
 Hobart Town or Tasmania throughout the year 1854 is doubtfid ; it 
 is a matter which I should be glad if we could solve, because we shall 
 find evidence by-and-by about Arthur Orton having been seen else- 
 where in Australia in the course of that year, 1854 ; therefore, if we 
 coidd fix the date of his remaining at Hobart ToAvn, to which he 
 undoubtedly w^ent, it woidd be of assistance. The only witness through 
 whom any light is attempted to be thrown on the matter is Hawkes, 
 who Avas a corporal in a regiment at Hobart Town, and was orderly 
 to the governor there, and who remembers the ' Middleton ' arriving, 
 and Arthur Orton coming with the ponies, which were an object of 
 curiosity at that time, ponies of that description being rarely seen in 
 those parts. This witness said that lie, Hawkes, left Hobart Town on 
 the 12th of September, 1854, and came back to it again in December. 
 After he came back he does not remember to have seen Arthur Orton, 
 but he remembers, before he went away, Orton keeping a butcher's 
 stall, or at all events attending a stall in the new market, which had been 
 recently opened by the governor Avith some pomp and ceremony, and 
 that the name of Arthur Orton was over the shop. Now this is a 
 matter of difficulty, and there Avould appear to be some confi.ision with 
 regard to the dates ; because there is no reason to think that Arthur 
 Orton ever opened a shop until the year 1855 ; and unless this witness, 
 HaAvkes, can be relied on, it is quite possible that Arthur Orton may 
 have left Tasmania, and gone to some part or other of the provinces 
 of Australia, and may haAC come back again to Hobart Toavu in the 
 year 1855 ; for most undoubtedly avc find him in Hobart ToAvn in the 
 months of May and June, 1855. Mi-s. INIina Jury's view of it is that 
 he Avas there the Avhole time, but I do not think she specifies any 
 occasion before May, 1855, on Avhich she Avas actually in personal con- 
 tact with him, so that she would knoAv positively that he Avas there. 
 But in May, 1855, he desired to set up a stall in the ncAv market, 
 and wanted fiinds for the purpose, and he applied to Mr. Francis 
 Jury, the husband of INIina Jury, Avhose brother. Captain Jury, had 
 manned a Miss Orton, and who therefore AA^as a connection of 
 Arthur, to lend him 14/., Avhich he wanted for the puqwse. Mr. 
 Jury declined to lend the money, but Mrs. Jury, who had saved a 
 little money of her OAvn, had a fi-iendly feeling for her connection, and 
 lent him a sum of 14/., for AA^hich he gave a promissory note : " Hobar- 
 ton May 22, 1855. Three months after Date I Promise to Pay to 
 Mr. Francis Jury the sum of Fourteen pounds for cash advanced 
 to me." It appears that he got 18/. instead of 14/.; and the ac-
 
 ( 397 ) 
 
 count Mrs. Jury gives of it is this : she met him in the street 
 and she wanted him to go home to her house in order that 
 they might complete tlie transaction, but he said he Avas in a great 
 hurry, and begged her to let him have the money where he was. 
 She took out her piu'sc or porte-monnaie, she happened to have 
 a baby in her arms ; it was blowing very hard, and the baby was 
 crying and was very troublesome, and the result M^as, that in handing 
 him the money she gave him a 5/. note instead of a 1/. note, 1/. notes 
 circulating in the colony. She Avas conscious a minute afterwards 
 that she had done so, and said, " I have given you a 5/. note instead 
 of a 1/. note." She says he had contrived to slip the 5/. note under- 
 neath while she was attending to the troublesome baby ; and when 
 she said she had given him a 51. note instead of a 1/. note, he said, 
 " No, you have not ; " and she said, " Oh, yes, Arthur, I have, and 
 you will find it out." Whether it was an accident, or whether his 
 conscience afterwards smote him, I do not know, but on June the 
 28th, 1855, he wi-ites to them, " My Dear Frinds I have not WTote 
 before on account of not getting settled before last Tuesday. That 
 house in Murray Street. I foimd out that they ment to take me 
 inn " — with two " n's " in it — " with itt " — A\Titten with two " t's " — 
 " So i had nothink to do with it. I have taken a shop in the New 
 Market No. 25, Witch will answer me better, has i am better 
 known in this Neighburhood. I have got a fue very good customers 
 that will keep me going for awhile till i get a fue more. I am very 
 sorry my Dear Frinds that i did not find out that you had paid me 
 Eighteen pound for 14 until last Tuesday when i Went to pay for 
 the fixtures, i found it out. at least i have 4 pound more than i 
 ought to have, and i think Mrs. Jiuy paid me a 5 for a 1. and that 
 how the mistake is. Mrs. Jury was speaking of some potatoes, 
 they are fetching from 22 to 24 pound a ton and onions are fi-om 35 
 to 40 per ton. there is not many in the market. Beef and Mutton 
 is very Dear at present, not for the want of it for thiar is plenty in. 
 But the Butchers run one and other up so much at Sales, Give my 
 best repects to Mrs. Jury and all the chilldren " — written Avitli t^AO 
 " I's " — "and except the same from Your Tridey Humble &c. 
 Arthur Orton 25 New Market, Hobarton. I have not heard fi-om 
 any one of my Frinds since i saw Mrs. Jury, my Brother George 
 has never Avrote to me since i been here yet. I suppose he forgot me 
 I have wi-ote 3 or 4 times to Mr. Moore for him But never got an 
 answer that ware Lizy told me to write." 
 
 The promissory note having been given on the 22nd of May, at 
 three months afl:er date, on its becoming due in August, Mrs. Jury 
 went to Hobart Town, in hopes of receiving the money, but the bird 
 had flown. Arthur Orton had given up his shop, and made himself 
 scarce, and was never heard of by them more until this day ; and of 
 course Mrs. Jury never got her money. After this period, the end
 
 ( 398 ) 
 
 of August, 1855, to December, 1856, the account relating to Arthur 
 Orton is more or less open to doubt upon the conflict of evidence. 
 From December, 1856, to December, 1858, it is free from difficulty. 
 
 The next that we hear of him, after leaving Hobart Town, is in 
 the ser\T.ce of the same Mr. Jolmston of Hobart To^^ai, at a place 
 called Mewbum Park, a station possessed by the latter in Gippsland, 
 on the opposite side of Merriman's Creek to Erinvale, where Mr. 
 and Mrs. McAlister were at that time living.- Mrs. McAlister 
 had a brother of the name of Dumoulin, who was managing at 
 Mewbum Park for this Mr. Johnston, and the two stations, the 
 Erinvale, where she was, and Mewburn Park, where her brother 
 Avas, were on the opposite sides of the Creek, and on one occasion, 
 when she and her husband were on the other side, she saw her 
 brother driving some cattle, and with him was a man whom she 
 did not know at the time, but who afterwards was in the service of 
 her husband as Arthur Orton, and who there can be no doubt 
 whatever was Arthur Orton : whether he was the defendant, as she 
 states him to have been, is another matter. I am not dealing 
 with that at present ; but that the man she then saw was a man who 
 was afterwards in the employment of her husband as Arthur Orton 
 is a matter about which there can be no doubt at all. At that time 
 the witness William Hopwood was engaged on a job in JNIewburn 
 Park in fencing. Timber there is very abundant, and their fences are 
 not like ours ; they make them of split wood, carpenters' work ; and 
 this man had undertaken a larg-e contract at Mewburn Park for making; 
 these fences — this was in 1855 — and he says there was at that time, 
 in Mr. Johnston's employment, a man named Arthur Orton, and that 
 this man continued in that employment for about a year and nine 
 months, during the time that he, Hopwood, was there ; and that he 
 was there as stock-keeper, and sometimes slaughterman. And he 
 says this same Arthur Orton went into the emplojnment of Mr. 
 William Foster, at Boisdale, a place eight or nine miles from Mew- 
 bm-n, on the opposite side of the river, and that he remained there 
 five or six months — he was, in fact, there five months within two days 
 — he, Hopwood, being in the habit of seeing him constantly, because 
 they met at the stock-yard called the Mowfi-a stock-yard, which was 
 in that neighbourhood. He says this Arthur Orton told him he had 
 first come out to Hobart Town and had been engaged by Mr. John- 
 ston to go to Mewburn Park. 
 
 The next authentic information we have about him is from Mrs. 
 McAlister, who is the widow of Mr. William Foster, having 
 married again since William Foster's death. Now, according to 
 her account, Mr. William Foster was manager of Boisdale fi-om 
 April, 1856. Boisdale and Dargo were two stations, some 70 or 80 
 miles apart, the property of an uncle of Mr. William Foster, Mr. John 
 Foster, of Hobart Town, who was also the owner of a sheep station
 
 ( 399 ) 
 
 at Eriuvale, wliere William Foster had been previously acting a3 
 manager. From the latter he was transferred to Boisdale Station, 
 having under his control, though not under his personal management, 
 because at too great a distance, the second station at Dargo. She 
 states that in the same year that she and her husband went to Boisdale, 
 namely, 1856, Arthur Orton came into their employment — she says, 
 in November, but I think in that respect she must be mistaken, 
 because the books of the establishment represent him as coming on 
 the 15 til of December, and the books are more likely to be accurate 
 than the individual memory of any person would be, and these books 
 become evidence of the greatest possible importance in this cause. 
 It appears that they kept at Boisdale for many years, and probably do 
 to this day, account books, and a species of ledger in which an accomit 
 is kept with every man employed on the cattle or sheep farm ; a re- 
 gidar debtor and creditor account. These stations are often isolated, 
 and at a great distance fi-om any place where things can be purchased, 
 and in a coimtry where the means of communication are extremely 
 limited, they are obliged to keep stores to supply the workmen and the 
 people employed on the farms with things which do not form part of 
 the daily nourishment which they get from their masters, but which 
 are still thmgs which they require; and an account is kept with them, 
 in which each man is credited on the one side with the wages he has 
 earned, and debited on the other with the payments he has received, 
 and the price of the things supplied to him from the stores. Each 
 year's account has an index prefixed to it. The books appeared to 
 have been kept in a very methodical and business-like manner, and 
 the index refers of course to the page where the account of the par- 
 ticular individual is to be found, and thus we are enabled by an in- 
 spection of these books to determine whether at a given time any 
 particular person was in the emplo}Tiient at the one or the other 
 station. Now, an account was opened with Arthur Orton at the end 
 of the first quarter of the year 1857, but it records that he entered 
 into the service on the 15tli of December in the preceding year, that 
 is 1856. When the account came to be made up at Christmas, 1856, 
 he had been too short a time in the service to make it worth while to 
 state an account with him ; but on March the 31st, Avlien under the 
 ordinary circumstances he would have had an account for the quarter 
 only, his account is entered as from the 15tli of December previous. 
 There is this entry — " March 31. By service from 15 Deer, to this 
 date 15 weeks and 1 day at 25^. per week 18Z. I8s. 6of." Then on 
 the 12th of May in that year they state the account Avith him again — 
 "By service from 1st April to this date at 25^. 6 weeks 71. lOs. Od." — 
 making together a period of five months short of two days. It appears 
 that at this date, May the 12th, a fresh agreement was made. AYe 
 find Arthur Orton still ser\dng as stock-keeper, but he is transferred 
 to Dargo, where he is the head man and has more or less the superin-
 
 ( 400 ) 
 
 tendence of the place, Mr. William Foster not being able to overlook 
 it himself owing to the distance. It was agreed that his salary should 
 be increased, and instead of having 255. a week, he was, for the ser- 
 vice at Dargo, to have 80/. a year, wdiich w^ould be more than 30^. a 
 week ; so Avhen they came to state the Midsummer account we have 
 it thus — " Jinie 30. Service at Dargo from 12th May to this date at 
 80/. per annum, 7 weeks, 10/. 15^. 4|<^/." Then again — " Sept. 30th. 
 By 13 weeks' service from 1st July to this date, w^ages 80/. per annum 
 20/. Dec. 31. By 3 months' service fi-om 1st Oct. to this date wages 
 80/. per annum 20/." All this time he is at Dargo. That brings 
 us to the close of 1857. Then we come to the next year, 1858. 
 " January 1. By balance from O B fol. 20, 22/. 15^. 9^1. March 31. 
 By w^ages 20/., 42/. 15^. 9^d. April 1. Balance 34/. 85. d^d. 
 June 30. 13 weeks' w^ages 20/., 54/. 85. 9^(/." The account ha\ang 
 thus been stated, and the balance struck at the end of June, 1858, on 
 the first of July Arthur Orton makes up his mind that he will stay no 
 longer at Dargo, and Mrs. Mc Alister gave us an account of his return 
 to Boisdale and of their surprise at seeing him make his appearance. 
 She and her husband were one day at the station outside their pre- 
 mises, when they saw a roan horse coming, the sight of which was 
 perfectly familiar to Mr. Foster, and he says, " Hollo ! here is ' Roan 
 Tommy,' and that must be Arthur Orton upon him ; there must be 
 something the matter, he has no business here, he ought to be at 
 Dargo." In the meantime Arthur rides up, and then Mr. Foster 
 says, " What brings you here ?" " Well," he says, " I w^on't stay at 
 Dargo any longer ; since Ballarat Harry disappeared the place is so 
 lonely that I cannot bear to be there alone." Now Ballarat Harry 
 had been murdered, and I believe to this day it is unknown who 
 murdered him. It has been said it was a person of the name of Tope, 
 but a strong suspicion attached, as we heard fi'om one of the witnesses 
 here, a witness called for the defence, to Arthur Orton himself, and 
 the suspicion is rife in the Colony to this day, that Arthur Orton 
 murdered Ballarat Hany. It is quite unnecessary for us to consider 
 whether he did or did not, but the reason given by Arthur Orton on his 
 return to Boisdale for his refusal to go back to Dargo, Avhere, accord- 
 ing to the terras of his contract he was bound to serve, was that he 
 could not bear to be by himself at Dargo since Ballarat Harry had 
 disappeared. Well, the result was that ]\Ir. Foster consented to his 
 staying at Boisdale. Afterwards, not immediately, but on the occa- 
 sion of the first settlement, he says, " Noav you have come back here 
 you cannot expect to be paid at the same rate of wages you were 
 to have Avhen you were manager at Dargo, therefore your wages 
 must come down again to 25^. a week." A dispute arises between 
 them. Arthur Orton says, " Well, you may be very right in what you 
 say, that being here I ought to have no more than the ordinary 
 wages of a stock-keeper, 25s. a week, instead of the 80/. a year, to
 
 ( 401 ) 
 
 which I was entitled at Dargo, but until you give me notice of 
 your intention to change, you have no right to lower my Avages 
 although 1 am serving here in the inferior capacity of stock-keeper; 
 and now a quarter having expired without such notice, I expect still 
 to be paid at the rate of 80/. a year; and what is rriore, you told me 
 if the cattle turned out to be satisfactorily managed you would give 
 me 100/. a year instead of 80/." "Yes," says Mr. Foster, "but that 
 Avas always on the understanding that you stayed at Dargo, and I was 
 to have an opportunity of seeing that the cattle were managed to my 
 satisfaction; you have chosen to leave Dargo without my consent, 
 and I liaA^e allowed you to remain here only because I did not Avant 
 to turn you adrift, but I am not going to pay you that 100/. a year, 
 or even 80/., fi-om the time you left Dargo." They haA'c a dispute 
 about it, and Mr. Foster says, "You had better leave the station 
 altogether." " If so," says Arthur Orton, " you must pay me a 
 week's exti*a wages for sending me aAvay Avithout notice." This 
 Mr. Foster refused to do. The result is that Arthur Orton leaves, 
 and then goes to Sale, some twenty miles from Boisdale, and at the 
 Court there, AA'hich is the District Court, institutes a suit against 
 JNIr. Foster to recoA'er the wages at the higher rate, and for the extra 
 Aveek AA'hich he claimed to be entitled to. HaA'ing brought that suit 
 it was necessary he should state the particulars of his demand, and 
 those particulars shoAv the dates of service in the same Avay that the 
 Boisdale account sIioavs them. I do not know that it is Avorth AA'hile 
 to trouble you Avith that statement of particulars, as it quite agrees Avith 
 the books as to the dates and times of serA"ice, the only dispute between 
 the parties being as to the amount of Avages to be paid. The suit having 
 been brought, it was agreed that it shovdd be referred to arbitrators, 
 and Mr. Montgomery, a former manager at Boisdale, Avas asked by 
 Mr. Foster to act as his arbitrator, and did so, and a gentleman of 
 the name of Richardson Avas appointed as arbitrator for Arthur 
 Orton. They could not agree, and they appointed an umpire, and 
 the umpire haAang been appointed, the Reference Avas entered upon 
 at Sale, and the arbitrators and umpire met on the 24th of January, 
 1859. We have thus a date by Avhich we are enabled to fix hoAv long 
 Arthur Orton remained in this part of the Avorld. The Reference 
 Avas held on the 24th of January and adjourned until the 27th. On 
 the 27th the arbitrators and umpire met, and the evidence of Arthur 
 Orton, the plaintiff in that suit, Avas taken. He stated as folloAvs, 
 " Whilst in Moffra Paddock," — that is where the stock-yard was — 
 " Montgomery, a man named Dunchigo and Fritz HaAvsman being 
 present, Mr. Foster said, ' Hoav Avould it be for you to go to Dargo ? ' 
 I said, ' Not at all. Sir.' Mr. Foster then said, 'I'll give you 80/. a 
 year for the first six months and 100/. afterAvards if you like to go.' 
 Whilst returning to Boisdale Mr. Foster told me that he had agreed 
 
 D D
 
 ( ^02 ) 
 
 to give McCole tlie same, but had not done so on account of his not 
 stopping. I accepted Mr. Foster's offer the same day and signed an 
 agreement a day or two afterwards. I do not recollect the particular 
 terms. On the faith of that agreement I proceeded to work at 
 Dargo. The above conversation took place about one or two days 
 before I signed the agreement, which was on or about the 10th 
 (? 20th) May, 1857. I claim one week's wages for being discharged 
 without due notice. About the 1st July, 1858, I left Dargo. I 
 claim wages up to the 15th September, 1858, because I had no 
 notice of any intention to reduce my wages. About the 15th of 
 October, when I claimed my wages as above stated, Mr. Foster 
 refused, and denied that he had agreed to give them. I told him 
 that I had witnesses, and that Fritz Avas a witness. He said, ' If ever 
 Fritz gives evidence against me I will discharge him instantly fi'om 
 my service.' " Well, the arbitrators and umpire having heard the 
 evidence gave an award on the 27th of January, and that award was 
 in favour of Mr. Foster: they decided that the plaintiff was not 
 entitled to the wages at the rate he demanded, for the reasons that 
 Mr. Foster alleged as the ground for not paying them, so the decision 
 was in favour of Mr. Foster. The result of all this is that Arthur 
 Orton was at Boisdale not earlier than the 15th of December, 1856, 
 entering the service on that date ; that he remained at Boisdale until 
 the 12 til of May, 1857 — a period of five months — that he then went 
 to Dargo and remained there till the 1st of July, 1858 — nearly 
 thirteen months and a half — Avhen he again returned to Boisdale and 
 remained there until the 15th of October, 1858 — just two months and 
 a half — when he was finally discharged — the whole making a period 
 of twenty-one months, and that he was at Sale w^aiting the award 
 until the 27th of January, 1859. So much at present for Arthur 
 Orton; we shall have to deal with him more fully hereafter, but for 
 the present I drop him and return to the defendant. 
 
 Now, the defendant tells us that he went to Boisdale immediately 
 after he had arranged with Mr. William Foster, and remained in the 
 service there for nineteen months ; that he was then transferred to 
 Dargo at an increased rate of wages, the first wages being 30^. 
 a week, and the increased wages at Dargo 40^. a week; that he 
 ptayed there eighteen months, and then came back to Boisdale, 
 and remained three or four months. Having made that statement 
 twice over, first in his affidavit and then in his examination-in-chief, 
 on his cross-examination he reduces the time, and represents himself 
 as having been at the one place twelve months and the other fifteen 
 months. But here again, on coming back to Boisdale, he speaks of 
 a short period corresponding with the period which we find Arthur 
 Orton was there. Now by this means the defendant in his statement 
 covers a period of either forty or thirty months, as you take the one
 
 ( 403 ; 
 
 representation or the other. In either case it is a long period of 
 time, — in the one case from three to four years, in the other a 
 period nearly approaching three years — which these services at 
 Boisdale and Dargo are represented as having covered; and as I 
 have said it is essentially necessary that the defendant, in order to 
 carry confidence and to obtain belief, should account for this period. 
 IV^liat if it shoidd turn out that he never during the whole of this 
 period was at Boisdale or Dargo at all ? Upon this subject we have 
 had evidence entitled to most serious consideration, of the credibility 
 of which e\adence you however are the judges. If that period of time 
 is cut away from the defendant, it is obvious that the whole founda- 
 tion of his Australian story falls to the ground, and you must judge 
 whether with it the super- structure that has been erected upon it does 
 not fall also ; and whether, if that is so, a breach is not made in his 
 defence which no art, no ingenuity, and no power can repair. It is 
 therefore necessary to consider this evidence with the utmost attention 
 and care, and I am quite sure you Avill do so. It rests principally 
 upon the statement of the witness Mrs. McAlister, the widow of 
 William Foster, by whom the defendant states himself to have been 
 engaged, and under whom he represents himself to have served at 
 Boisdale and Dargo. Mrs. McAlister begins by sa;\dng that, while 
 Arthur Orton was imdoubtedly there during the whole time she and 
 her husband had the management of it, there never was any man at 
 Boisdale or Dargo passing under the name of Castro, which name the 
 defendant tells us he assumed on leaving Melbourne, and bore while in 
 Foster's service. And she says, that not only w^as that so, but it could 
 not have been otherwise, because she and her husband never went to 
 Boisdale until the month of April, 1856. She tells us she was married 
 to ]\Ir. William Foster, nephew of Mr. John Foster, the proprietor of 
 the station, in the year 1853 ; that Mr. William Foster w^as at that 
 time managing the Erinvale Station, a station far away from Boisdale, 
 for his vmcle. As regards the year 1854, during which they were 
 still at Erinvale, she says that a sister of hers married Mr. Montgomery 
 — a gentleman Avhose name I mentioned as having been manager of 
 Boisdale before Mr. William Foster — and that they were married from 
 her husband's house at Erinvale. Having the date of her sister's 
 marriage in her memory, she is quite certain she and her husband 
 were still living at Erinvale. As regards the month of July, 1854, 
 she says that Avhile still living at Erinvale, they received tidings 
 of her brother Dumoulln's death, and she and her husband got 
 on horseback and rode over to the station at which Mr. Montgomery 
 and her sister were living, to commmiicate to her sister the intelligence 
 of the brother's death ; and she remembers, from the date of the 
 death, that that was in the month of July, 1854. They then came 
 back to Erinvale, and she says she is sure her husband took 
 
 DD 2
 
 ( 40-i ) 
 
 no journey to Melbourne, and consequently could not have come 
 into contact with the defendant to engage him ; that her husband 
 took no journey to Melbourne ; that his business relations from 
 the Erinvale Station Avith any seaport were not wdth Melbourne, 
 but Avith Port Arthur, in connection Avitli Hobart Town ; that 
 Mr. Foster, the uncle and proprietor of the station, being then living 
 at Hobart Town, it was with him at the latter place that her hus- 
 band as manager had business relations, sending all the cattle and 
 things in that direction, Avhile he had no business whatever with 
 Melboiu-ne : and she is therefore enabled to state positively that her 
 husband did not go to INIelbourne at that period. And not only did 
 he not go to Melbourne, but, according to her, he had nothing what- 
 ever to do with the Boisdale Station ; he Avould not, even if he had 
 gone to Melbourne, have taken on himself to engage anybody for 
 the Boisdale or Dargo Stations, because he had not the management 
 of those stations or anything to do Avitli them. It is, therefore, 
 impossible that he could have engaged the defendant in the way 
 represented by him. But, says the learned counsel : " There may be 
 a mere mistake ; he may have confounded John Foster the uncle 
 with William Foster the nephew. John Foster may have been at 
 Melbourne, and he may have engaged the defendant, and the defend- 
 ant may have supposed that John was William." But this explana- 
 tion is excluded by the statement of the defendant himself. He was 
 asked by Mr. Giffard, " Whom did you afterwards find that the 
 stranger that you met at the auction yard, and avIio engaged you, 
 ■was ? — I discovered, " says the defendant in express terms, " that he 
 was Mr. William Foster, the nephew of Mr. John Foster, a pro- 
 prietor of great wealth." Such is his own distinct statement ; besides 
 Avhich, AAdien you come to reflect on it, the suggestion is quite inad- 
 missible. He could not have been in the service and have settled 
 accounts Avith a man of the name of AVilliam Foster and not have 
 knoAvn it Avas William Avith Avhom he was dealing. Every letter 
 that came would be addressed to Mr. William Foster ; every account 
 would be with AYilliam Foster. A man Avho Avas three years Avith 
 William, the nephcAv, could not have supposed all that time that he 
 was in the service of John, the uncle. He distinctly states that the 
 man who engaged him, and Avith Avhom he got on horseback the next 
 morning, and rode a journey of three hundred miles to Boisdale, the 
 man in Avhose employment he remained the Avhole time, w^as William 
 Foster. But then is this statement of Mrs. McAlister that her hus- 
 band never Avent to Boisdale till the month of April, 1856, and con- 
 sequently could not have engaged the defendant — could not have had 
 him in his serAace from the end of July, 1854, throughout the rest of 
 the years 1855 and 1856, such as you ought to believe? You saAv 
 her ; she certainly appeared to be a perfectly respectable Avoman.
 
 ( 405 ) 
 
 Her present liusband came with licr, and so far confirmed her, that, 
 having mamed her after the death of her first husband, I think, in 
 1862, he said he liad known her, and her first husband, William 
 Foster, for some years, having been employed as the sub-manager imder 
 the latter, and that during the time he knew the station there Avas no 
 person of the name of Castro tliere. Are you to disbelieve these 
 persons ? Oath against oath, is the oath of Mrs. Mc Ahster of less 
 value than the oath of the defendant? The learned counsel says, 
 " Yes ; there is a reason why you should disbelieve her. She has 
 received 1,000/., and for 1,000/. you may buy people and induce 
 them to lay perjury on their souls, though they might not do it with- 
 out reward." Well, 1,000/. does seem a large sum. But that is 
 open to explanation. Mrs. McAlister says, " I refused to come 
 without my husband. I could not go away and leave young children 
 in the charge of servants aad strangers. Therefore, if my husband 
 and I were to come together, I required that I should be able to bring 
 my children Avith me ; and the expense of husband, wife, and chil- 
 dren coming over here is of course considerable. And we should 
 have had to shut up our establishment, unless Ave had put it into the 
 hands of persons Avhom Ave had to pay. And there is this further to 
 be considered : there is the disruption of all our ordinary relations 
 and pursuits. There is the danger of a voyage for so many thousand 
 miles across the ocean and back again ; and the inconvenience and 
 discomfort of coming aAvay from home when Ave have no object in 
 coming to England. For all that Ave are entitled to remuneration." 
 There is also this to be said : Witnesses who are beyond the jurisdic- 
 tion of the Court, whom you can not compel to come, knoAv their 
 advantage, and Avill drive a bargain Avith those avIio Avant the assist- 
 ance of their testimony. To Mr. and Mrs. McAlister the result of 
 this trial, the question of the Tichborne controversy, the question 
 whether the defendant shall be acquitted or convicted, except so far 
 as everybody has a natural tendency to desire that justice shall be 
 done — Avhicli is one of the inherent instincts of the human mind — 
 are matters of the utmost indifference. " If you Avant us over in 
 England," say they, " you must pay us for coming." Still it is open 
 certainly to observation that 1,000/. is a large sum; but fortunately 
 we have the means of checking the testimony, and can tell by means 
 Avhich cannot deceive us AA-hether the 1,000/. the JMcAlisters are to 
 receive has had the slightest influence, a feather's Aveight, in deter- 
 mining the evidence they have given. Mrs. INIc Alister and her hus- 
 band Avere examined under the Commission Avhich Avent out to 
 examine witnesses in Australia on the former trial, and for the 
 CAadence so given she and her husband received no further remune- 
 ration than the fair and ordinary compensation for time and expenses 
 to Avhich, as Avituesses, they Avere entitled. Now the evidence given
 
 ( 406 ) 
 
 by them under that Commission has been returned ; and it was given 
 before they had the most distant idea that their presence would be 
 required in this country, and before they could have any notion that 
 beyond the evidence they gave under the Commission their evidence 
 orally would be required in further stages of the cause. The evidence 
 so given we have here ; and therefore when the learned counsel 
 suggested that Mrs. McAlister's testimony had been determined or 
 influenced by the sum of 1,000/. which she and her husband are to 
 receive, I reminded him that he had the means of seeing that the 
 evidence given in this Court did not vary one iota, one hair's 
 breadth, from the evidence given before, by looking to see what she 
 and her husband had said when they were examined luider the Com- 
 mission. " Oh !" said the learned counsel, with almost supercilious 
 disdain, " I have not troubled myself to look at it." Well, I did not 
 make the observation, although it almost arose to my lips, " that if 
 that was so, he had signally failed in discharging his duty," because 
 the first thing he ought to have done when it was knoAvn that these 
 witnesses were going to be examined, was to look to what they had 
 said on the former occasion, in order that he might see whether they 
 were varying now in any respect from the testimony they had then 
 given. But though the learned counsel had not taken the trouble to 
 look at the former evidence, his learned junior had : it turned out 
 that Mr. McMahon had not failed in the discharge of his duty — and 
 I am bound to say that that gentleman throughout this case has 
 never been wanting in his duty, and Avhat is more, has done that duty 
 like a lawyer and a gentleman, and in a manner perfectly worthy of 
 a member of the English bar — he had not failed in his duty in that 
 respect, and was obliged candidly to acknowledge that there was no 
 variation in the evidence given by Mrs. McAlister on the present 
 occasion from the evidence she gave w^hen examined under the Com- 
 mission. But independently of that, we have other and still more 
 effectual means of seemg Avhether Mrs. McAlister is speaking the 
 truth : we have those Boisdale books, and we turn to them wuth inte- 
 rest to see Avhether we find in them any account with, or any mention 
 of, the name of Thomas Castro ; and we find none. The books are 
 produced for 1854, the year in which the defendant says he went to 
 Boisdale, for 1855, 1856, 1857, and 1858; and in none does the 
 name of Castro appear. Is there any reason to doubt the perfect 
 genuineness of those books and those entries ? The learned counsel 
 said, and it was a fair observation to make, that when the book for 
 1854 was produced it appeared that a series of pages, perhaps some 
 twenty in number, had been cut out of the book, and so they have 
 been. But where have they been cut out of the book ? They are 
 cut out at the commencement of the book, before the Boisdale 
 account begins at all ; it is only after those pages are gone that
 
 ( 407 ) 
 
 tlie index beg-Ins — tlic index whieli is prefixed to tlic year's account — 
 so that the prohability is tliat, the book having been first used for some 
 other purpose, when it came to be used as tlie Boisdale account book, 
 the earlier leaves were torn out. The index has suffered, as the books 
 have, from the rough usage books of such sort are more or less sub- 
 ject to. One page of it is gone, but luckily it is the second page, 
 and not the first. The page upon which the name of Arthur Orton 
 should appear is gone, but the page on Avliich the name of Castro 
 should appear is there. It goes down to one-half of the alphabet, 
 and then the next page, which would contain the next series of 
 names, beginning with the later letters, is wanting. But we have 
 the C's all perfect, and there is no Castro. Neither is there any 
 account with Castro in the body of the book Avhich folloAvs after the 
 index. And if it may be said that the 1854 book is so far imperfect, 
 it cannot be so said of the one for 1855. There the book is perfect; 
 the index is perfect, the accomits are perfect. The same is the case 
 with the books for years 1856, 1857, and 1858. I do not mean to 
 say that here and there a leaf may not have got loose and come out, 
 but in no place Avliere you cannot ascertain whose account it contained 
 by reference to the index; and wherever it occurs it has relation to 
 some other man's account, and not to any account with a man of the 
 name of Castro. So that we have it that, Avhile these are books in 
 Avhich every man having permanent employment at that place has 
 an account entered, with an index of all the names prefixed, if you go 
 through the whole series of those accounts, though you find Arthur 
 Orton beginning there at the end of 1856, and continuing there until 
 the end of 1858, nowhere do you find the slightest trace of the name 
 of Castro. Now, Avlien you take the two things together, the evidence 
 of Mrs. Mc Alister and the books, what is the judgment you form as 
 to the truth of her statement, that no person of the name of Castro 
 was ever heard of at that place diu'ing the period she and her 
 husband were there? and still further that no person could have 
 been engaged by, or could have served under her husband, Mr. 
 William Foster, during the period of 1854 and 1855, down to 
 April, 1856, during the Avhole of the time the defendant says he was 
 engaged in the service and employment of William Foster, and was 
 daily vmder his direction ? If the view you take is that her state- 
 ment, confirmed by the books, is true, the inference woidd appear to 
 be that requiring to make up this period, the defendant has taken 
 the incidents of Arthur Orton's service, and by expanding them into 
 a longer duration of time, has adapted them to his own case in order 
 to make up the time he required. For, you Avill observe that the 
 defendant says he first went to Boisdale, that fi'om Boisdale he was 
 transferred to Dargo Avith an increased rate of Avages, and that fi-om 
 Dargo he came back voluntarily to Boisdale, and there remained for 
 a period of three or four months. That is exactly Avhat Arthur 
 
 D D 4
 
 ( 408 ) 
 
 Oi'ton did. It is proved to demonstration by tlie papers and books 
 relating to Arthur Orton, that Arthur Orton Avent to Boisdale, that 
 he stayed a time at Boisdale, that he v»^ent from Boisdale to Dargo, 
 his wages being thereupon increased ; that he stayed a longer time 
 at Dargo ; and that then, within three and a half months of the time 
 when he finally quitted the employment, he came back and stayed at 
 Boisdale. That is exactly what the defendant says he did, only 
 Avith a difference in point of length of time. To fit his case it was 
 necessary that the period should be longer. You must judge under 
 all the circumstances whether he has, as I say, taken the incidents of 
 Arthur Orton's service, hammered them out, and expanded them into 
 the larger area and longer period of time to suit his case, so as to 
 make up the time during which it was absolutely necessary he should 
 account for himself. In addition to this there is this further circum- 
 stance. It had not occurred to me at the moment, but my brother 
 Lush is good enough to suggest it to me — namely, that you have a 
 further coincidence occurring immediately afterwards. The defen- 
 dant says he went to Sale and stayed at Sale breaking horse? for 
 some one there. Now, we know that Arthur Orton Avent from Bois- 
 dale to Sale, and the last we heard of him, when the award was made, 
 was that he was at that time at Sale. Gentlemen, you must judge 
 of these things for yourselves. Do not let me in any way influence 
 you, it is a matter entirely for you — I have brought the facts and the 
 evidence before you, and you must make up your minds upon it. 
 The question is, was the defendant at Boisdale and Dargo under the 
 name of Castro — because it is under that name only that he repre- 
 sents himself to have been there ? If he was not, he fails to account 
 for himself during a period of three years, more or less. Then what 
 becomes of his Australian history ? Can you believe the rest of it so 
 far as it relates to his character of Roger Tichborne any more than 
 you believe this ? If you see any reason to doubt Mrs. Mc Alister's 
 testimony, if you see any reason to doubt the genuineness of those 
 books and accounts (and I ask you before you decide this case to ex- 
 amine those books most carefidly to see whether there is any reason 
 to doubt their genuineness) then of course this cannot be made to 
 press, as it otherwise must do, against the defendant. But if you 
 are satisfied that his statement with regard to Boisdale and Dargo is 
 imtrue ; if Mrs. McAlister and the books produce a conviction in 
 your minds that he never was there, you must judge for yourselves 
 what is the effect of that on the rest of his history. 
 
 So much, gentlemen, for the case as regards Boisdale and Dargo. 
 It is necessary next to follow the defendant in his statement of his 
 various migrations in Australia. Of course it would be very desir- 
 able for the defence that Ave should find consistency in the defendant's 
 statements respecting his life, fi-om the time he left Boisdale and 
 Dargo to the time that Ave find him coming forAvard as Roger Tich-
 
 ( 409 ) 
 
 borne. I am sony to sny that I do not find that consistency, and 
 that there are great variations in the statements made at different 
 times ; and it really is very diifficnlt to fix time and place, with refer- 
 ence to his whereabouts during this period ; a matter by no means 
 unimportant, with reference both to his alleged int<ircourse with 
 Arthur Orton and to his intercourse with witnesses who have been 
 called, and whose evidence I shall bring under your observation, 
 when they say they saw the two together at one place, or one at one 
 place and the other at another. It is very desirable to fix these 
 particulars as to time and place, if we can, but I am afi'aid it is very 
 difficult to do so. The first statement made by the defendant Avas 
 the statement in his affidavit ; this is the account he gives of himself 
 after leaving Boisdale for the last time : " I went about twenty miles 
 off to Sale or Flodden Creek on the River Latrobe" — that is the 
 place where ihe arbitration took place — "where I remained about 
 six months. From that place I proceeded to Norman M'Leod's 
 plantation, on the Mitchell river, about sixty miles fi^-om Sale, where 
 I entered into partnership with one Frederick Burrows, and re- 
 mained there about foiu* months, and was well known to Mr. Smith, 
 of the Lindino Station. I went from that place to the Omeo 
 Diggings, where I remained about 4 months, and from there to 
 Deniliquin, in New South Wales, where I remained for about 
 thirteen months, and from thence I proceeded to Hay, on the JSIur- 
 rumbidgee River, and remained there about 9 months, and from 
 thence I proceeded to Wagga Wagga, and then to Boree and 
 Narranda for about 4 months ; and then to Mr. Jenkin's station at 
 Rangus for 4 months, and then to Melbourne with cattle belonging 
 to one Mr. Johnstone ; and fi-om there to Bendigo, where I re- 
 mained for about 2 months ; and then to the town of Timiut, where 
 I remained for about 7 months; and from thence to Gundagai, 
 staying there about 1 month ; and then returned to Wagga Wagga, 
 where I lived about 4 years." There you see he accounts for the 
 whole of his time, and gives the different places Avhere he passed a 
 longer or shorter time. That is the affidavit. When we come to the 
 subsequent examinations we shall find very material departures from 
 that statement. In the preliminary examination Mr. Chapman 
 Barber asked him, with reference to his proceedings after finally 
 leaving Boisdale: "Into Avhose employment did you next go? — I 
 was breaking-in horses in the toAvnship of Flodden Creek, on my 
 own account. The Examiner : That is, ' After the three months 
 expired I then commenced breaking-in horses on my own account at 
 Flodden Creek.' Mr. C. Barber: How long did you remain there? 
 — About six months. Q. What did you do after that? — I went to 
 the Mitchell Station, on the iNIitchell River. Q. In what capacity ? 
 — As a horse-breaker, breaking-in horses for Norman M'Leod."
 
 ( 410 ) 
 
 Then he says he entered into partnership there Avith a Mr. Burrows. 
 " Was that in the same business ? — Yes : you must understand I 
 mean by partnership we worked together; there was no legal partner- 
 ship. Q. After a time you gave up breaking horses, did you not? — 
 Yes, some time after." Then he says he stayed there about nine 
 months ; he broke-in horses and remained there nine months. Then he 
 is asked: " What other trade did you carry on in Australia? — Several. 
 Q. Be so good as to mention them? — Put your question, and I will 
 answer it. Q. I do ask you the question; I want to know what trades 
 you carried on in Australia ? — I have been travelling Avith stock ; I 
 have been carrying on a butcher's establishment ; I have rode Her 
 Majesty's mails. Q. You have drove Her Majesty's mails? — 
 Mr. Serjt. Ballantine : No, " rode ;" they do not drive there. 
 Mr. C. Barber : Did you carry on the business of a butcher on 
 your OAvn account ? — I did for a short time. Q. Hoav long ? — I 
 could not exactly say hoAv long. Q. Cannot you tell hoAv long ? — I 
 think seven months in one place and a couple or three months in 
 another. Q. At AAdiat places ? — At Tumut ; I Avas there seven 
 months, about that ; and tAvo or three on my OAvn account in Wagga 
 Wagga. Q. Did you carry on the business of a butcher all the 
 time you Avere at Wagga Wagga, or only part of it ? — Part of it. 
 Q. Hoav long ? — Oh, a very short time ; I Avas breaking-in horses 
 for a short time, about a couple of months or so. Q. During all 
 this time Avere you in good circumstances ? — Yes, I Avas, at least the 
 principal part of the time. Q. Did you ever fail ? — Well, I closed 
 my establishment, if you call that failing." Then Ave have his state- 
 ment on his examination-in-chief in the Court of Common Pleas. 
 The questions are put by his oaa^u counsel, and of course on his 
 GAATi instructions. " Q. When you left Mr. Foster AA'hat became of 
 you then ? — I Avent doAvn to the toAvnship for a little AA'hile, and then 
 went up toAvards Omeo. Q. What is the name of the toAA^nship ? — 
 Flodden Creek. Q. Is that also called Sale ? — Yes, Sale is the dis- 
 trict, I think, properly speaking. The Lord Chief Justice : 
 ' After I left Mr. Foster I went up to the toAvnship of Flodden 
 Creek, in the district of Sale,' for about what time, do you say ? — 
 Only for about a fortnight, I think ; I am not certain how long it 
 was — about a fortnight or three Aveeks.. Q. What became of you 
 after you had been to Flodden Creek, or Sale ? Where did you go 
 to then ? — I went into the mountains again. Q. Where ? — I Avent to 
 the Nicholson first, and then, from there, across to Dargo. Q. What 
 is Nicholson ? — A small gold digging. Q. That has nothing to do 
 with the Mr. Roland Nicholson you have been talking about ? — No ; 
 it is the name of a river, the diggings around a river. Q. Were you 
 at the diggings any time ? — No ; I think a couple of days, and then 
 I Avent on to Dargo. The Lord Chief Justice : Hoav long ? — I
 
 ( 411 ) 
 
 went merely travelling about, my lord. I went from Dargo to 
 Omeo. Mr. Giffard : IIoav long were you at Dargo, my lord 
 says ? — I might have remained there four or five days, not more. 
 Q. I dare say my learned friends may ask you, but I do not want 
 to go through all this again. Just tell me the next place where 
 you settled any time ? — I never settled for any time for some years 
 after that." Now, he had mentioned a variety of places where he 
 stayed six months and nine months in the statement in the affidavit. 
 Here we have a statement that he never stayed at any place till 
 a long time after. Then the Lord Chief Justice says : " Will you 
 repeat your answer ? — I never settled at any place for about three 
 years after that, except on the Omeo, Avhere I Avas about six months, 
 I think, on and off." Then Mr. Giffard says: " I ask you when you 
 first Avent to Wagga Wagga. You say about 1861 or 1862? — Yes. 
 Q. In the interval between your being at the Omeo digging and 
 going to Wagga Wagga, had you been to various places — I do not 
 want to go through them ? — Yes ; a great many. The Lord Chief 
 Justice: BetAveen what? — Mr. Giffard: BetAveen 1857, or rather 
 I put it at the time he AA^as at the Omeo diggings until 1861 or 
 1862, when he Avent to Wagga Wagga, there Avere a variety of other 
 places he went to. Q. And you are able to mention those places, 
 if necessary ? — Yes, quite. Q. Had you anything to do Avith the 
 mail at any time ? — I had. Q. What did you do Avith the mail ? — • 
 I used to run the mail. Q. You used to run the mail yourself? — 
 Yes. Q. From AA'here to Avhere ? — From BoiTee to Nan-andra." 
 Then the Lord Chief Justice says : " What is that distance ? — It is 
 about 74 miles, I think." 
 
 On cross-examination he is taken through the same series of ques- 
 tions, and then he gives again a very different account. " Noav, 
 just tell me as clearly and as shortly as you can, AAdien you 
 landed at Melbourne in 1854, as you say, give me an account 
 of the places you Avent to ? — Different places I Avent to." Then he 
 gives an account of being at Boisdale and Dargo, Avhich I do not 
 want to go over again, the substance of Avhich is, that instead of 
 being eighteen months at the one place and nineteen months at the 
 other, and then three months at the former, he brings it, as I have 
 told you, to tAventy-seven months as regards Boisdale and Dargo, 
 and a period of from two to three months after his second coming to 
 Boisdale. Then coming to his wanderings aftcrAvards, the Solicitor- 
 General says: " That brings you to 1857 ? Where did you go from 
 1857 ? — I went to Flodden Creek for two or three weeks ; it is called 
 Sale ; Sale is the district, and Flodden Creek is the name of the 
 town. Q. What did you do there?" In his former examination 
 he had said he had broken horses there — " I did not do anything. 
 Q. Nothing ? — No ; I Avas doing nothing there. Q. What did you
 
 ( 412 ) 
 
 do next? — I Avcnt up to Stratford." Then tlio Lord Chief Justice 
 says : " How long did you stop at Sale, or Flodden Creek ? — The 
 Solicitor-General: Three or four months he said, my lord. The 
 Witness: No, three or four weeks." — The Solicitor-General was 
 right ; he had said he had stayed there three or four months break- 
 ing horses. " Q. You went then to Stratford ? — Yes. Q. What did 
 you do at Stratford ? — I was doing nothing there ; I stayed there 
 two or three days. Q. What did you do then? — I went to the 
 Mitchil. Q. What did you do then ? — Drove in a few horses there. 
 Q. Who for? — For M'Leod. Q. How long Avere you there? — Over 
 two months, I think. Q. From there ? — From there I went to the 
 Nicholsons'. Q. Who were you there employed by ? — I Avas not 
 employed by anyone. Q. What did you do? — At Nicholsons'? I 
 did not do anything. Q. How long were you thei'e ? — I Avas only 
 there a fcAV days, I think." Then he says he Avent to Dargo across 
 the mountains to Bruthen and Omeo. Then he is asked ; " AVhat 
 did you do there ? — I droA^e in some horses there. Q. Who for ?— 
 For Joseph Day. Q. Where did you go from ? — And also some 
 for Thomas Sheen. Q. What did you do then ? — I remained on 
 the diggings some time, knocking about, one thing and another. 
 Q. Were you ever digging yourself? — Well, no; not to say regular 
 digging. Q. At the Omeo diggings this Avas ? — Yes, at the Omeo. 
 Q. HoAv long Avere you there ? — BaclcAvards and forwards I Avas there 
 about seA'en months, I think. Q. That Avould bring you to the end 
 of 1858 or 1859?" "No," he says, "to 1858. Q. The end of 
 1858 ?— Not the end. Q. About the middle, then ; I Avant to know 
 from you ? — Yes ; about that. Q. Where then ? — I Avas roving 
 about in different parts of the country. Q. For hoAv long? — Up to 
 1860, 1 think." Then the Lord Chief Justice says: " You say roving 
 about in different parts of the country ; had you any occvipation or 
 means of earning a livelihood ? — I had no occupation. I Avas buying 
 a fcAv horses at one place, and selling them at another." — The 
 Solicitor-General: "And in 1860? — I Avent to Deniliquin. 
 Q. At Deniliquin, hoAv long did you stay there ? — I think about 
 tAveh-e months. Q. What Avere you doing there ? — I Avas AA^th 
 BurroAvs there. Q. What Avere you doing ? — I Avas breaking-in 
 horses for him, and looking after his butchering establishment. 
 Q. ThatAvould bring you to 1861 ?— Yes, it Avas 1861. Q. What 
 did you do then ? — I Avent to stay on the Murrimbidgee. Q. Hoav 
 long did you stay there ? — I cannot speak to a month. Q. I am 
 not asking you? — About tAvelve months, I think. Q. What Avere 
 you doing there ? — I Avas Avith a man of the name of Ward. 
 Q. Doing Avhat ? — Looking after his establishment. Q. In Avhat 
 capacity? — Looking after his cattle." Then the Lord Chief Jus- 
 tice says : " Who for ? — John Ward, my lord. The Solicitor-
 
 ( 413 ) 
 
 General : Tliat is, his cattle ? — Yes, and lie also slaugliterecl. 
 Q. Did you slaughter ? — Sometimes, yes. Q. That would bring 
 you to 18G2 or 1863 ?— The latter end of 1861. Very well. 
 Q. Then where did you go ? — Then I commenced running the 
 mails. Q. Where from ? — From Boree to Marandra. Q. How 
 long were you there ? — I was three months on that ; I had been up 
 to Wagga Wagga and returned. Q. Where then ? — I w^ent to 
 Wagga Wagga again. Q. What did you do then ? — ^I did not 
 remain there then. Q. What was your next permanent employ- 
 ment ? — I was on the Tumut ; no, I Avas at Gimdegai. Q. With 
 whom ? — With John Jinkins. Q. What did you do for him ? — I was 
 stock-keeping there ; not long, only six weeks or a month. Q. And 
 then ? — I went from there to Tumut. Q. And from there ? — From 
 there I went to Yarra-Yarra. Q. What did you do next ? — I was 
 breaking-in horses there. Q. For whom? — For James McLaren. 
 Q. And after that ? — After that I took the horses out and drove them 
 down the Murray. Q. Where to ? — To another station Mr. McLaren 
 had there. Q. How long were you in Mr. McLaren's employ alto- 
 gether? — Not long, about a little over two months, I think. Q. Where 
 did you go to then ? — I went back to Wagga Wagga. Q. What year 
 Avould this be ? — That would be 1862. Q. How long did you stay at 
 Wagga Wagga then? — I stayed there until I left." Now, the discre- 
 pancy between those statements is that in one he says he had no settled 
 occupation and was roving about the country, Avhereas in the other 
 he gives a detailed account of the various places he was staying at, 
 and of the persons by whom he was employed. I think it may be 
 taken as a summary of the last statement he made on cross-exami- 
 nation, that he was at Flodden Creek, in Sale district, three or four 
 wrecks doing nothing. He was then at Stratford for three or four 
 days ; he then went to Mitchil and drove a few horses for a Mr. 
 IM'Leod, staying there for two or three months. He then went to 
 the Nicholsons' and was only there a few days. Then he crossed 
 the mountains to Dargo, and from Dargo to Bruthen ; and from 
 there to the Omeo diggings, and drove some horses there for Joseph 
 Day, and the same thing for Thomas Sheen. He remained at the 
 diggings for some time " knocking about doing one thing and 
 another," not regularly digging himself, and he was backwards and 
 foi-Avards there about seven months, which brings us to 1858, so that 
 he was roving about in different parts of the country, having no 
 settled occupation, buying a few horses at one place and selling them 
 at another. Next he is at Deniliquin, and stayed there about twelve 
 months Avith Burrows, breaking in horses and looking after his 
 butchering establishmennt, Avhere he was found under the name of 
 Castro by ]\Ir. Millar in 1860. Therefore we may assume that from 
 1860, when he Avas at Deniliquin, he passed by the name of Castro;
 
 ( 414 ) 
 
 ^vlietlier he did so before is a matter open to doubt. Some of the 
 witnesses say he did ; of the value of their evidence you will have 
 by-and-by to judge. Next he is on the Murrimbidgee river, he 
 thinks for about twelve months, with a man of the name of Ward, 
 looking after his cattle and sometimes slaughtering. That brings it 
 down to the latter end of 1861. Then he commenced running the 
 mails from Boree to Naranda, Avhicli he did for three months. Then 
 he went to Wagga-Wagga but did not remain. His next employ- 
 ment Avas at Gundegai with John Jinkins, stock-keeping for six 
 weeks or a month. Then he was at Tumut, and then at Yarra- 
 Yarra in the employ of James McLaren, breaking-in horses. Then 
 he was driving horses down the Mm-ray to another station Avhich 
 Mr. McLaren had there. He was in this employ for a little over 
 two months altogether. Then he went back to Wagga-Wagga, in 
 1862, and there stayed until he left. Now that certainly is a very 
 wandering and strange life. All these details are essential when you 
 come to consider how far you can believe that Roger Tichborne, 
 with all the advantages which rank and fortune had gifted him with, 
 would be leading this life ; breaking-in horses, slaughtering, first for 
 one man and then for another, with no settled occupation. I should 
 observe, furthermore, that in these details, the year 1859 remains 
 wholly imaccounted for. He does not touch satisfactorily on that, 
 and that is the year in which you will see presently that according 
 to his account, he and Arthur Orton are always together, and the 
 year in Avhich, if any of those things ever took place, Avhich he 
 declined to answer about, lest, as he alleged, he might criminate 
 himself, those things must have occurred. The probability is that 
 if Arthur Orton and he are not one and the same, that is the 
 time at Avhich such things may have happened. In 1862 we find 
 him finally settled at Wagga-Wagga — I think he says he got there 
 at the latter end of the year — and in the early part of the year 1863 
 we find him in the employment of Mr. Higgins, and from that date 
 the Wagga-Wagga events become very material and important in the 
 development of this case. 
 
 Gentlemen, we have thus far folloAved the track of the defendant's 
 various migrations in Australia by his own account — (avc have no 
 other information) — from the time of his leaAang Boisdale to the time 
 of his finally settling at Wagga-Wagga, Avliich appears to have taken 
 place about the end of 1862, or at all eA'ents, the beginning of 1863, 
 and there he settles doA\Ti, going into the emplojTiient of a Mr. 
 Higgins, AAdio carried on the tAvo-fold business of an hotel keeper and 
 a butcher : and the defendant becomes his foreman, Avith one or two 
 men under him, sometimes slaughtering and at other times doing the 
 general business of a butcher's foreman. He Avas engaged in this 
 way in the year 1863 and part of the year 1864, and it was dui-ing
 
 ( 41a ) 
 
 the year 1864 that a witness saw him — a witness Avhose evidencej if 
 you feel that it is trustworthy and that you can rely upon it, is cer- 
 tainly very material — I mean the Avitness Pettit Smith. 
 
 ]\Ir. Pettit Smith appears to have held one or two offices of trust 
 in that part of the country, and appai-ently was a respectable person 
 and gave a decent account of himself. He went to the colony with 
 the view, in the first place, of becoming a sheep-farmer; he was 
 articled to some sheep-farmer for the purpose of learning the busi- 
 ness ; but it did not suit him, and then he became the manag-er of 
 a store at Wagga-Wagga. He seems to have been a man trusted 
 by the authorities : we hear he was at one time clerk to the magis- 
 trates ; he also acted for the assignees in the court of bankruptcy ; 
 he was employed by them ; he was employed to make up the elec- 
 toral roll ; and Avas made honorary secretary to the Institute at 
 Wagga-AVagga when that Institute was established. The learned 
 counsel for the defendant, dissatisfied AA-ith his evidence, made some 
 reflections upon him on accoimt of his A^arious employments and 
 change of emplojTuents ; you must judge for yourselves Avhether you 
 see any reason to disbelieve him ; if you do not his CAadence is cer- 
 tainly very important. He says he had occasion to go into Mr. 
 Higgins's butchering establishment, and he found it kept in such a 
 nice manner, the meat cut up in such artistic fashion, that he AAas 
 very much struck by it as a thing he was not used to see in the 
 colony, AAhere they do things in a rough way, and AA'here from the 
 superabundance of animal food, they cut up the portions of an ox or 
 sheep Avith much less regard to nicety than is done here. And he 
 complimented Casti'o on the Avay in Avliich the shop Avas kept and the 
 meat cut up, and he receives this answer : " Well, if I do not know 
 how to cut up meat I do not knoAv Avho should, as I Avas apprenticed 
 in London, and cut up for Newgate INIarket." That Avould be a 
 rather startling ansAver to come from Roger Tichborne, and which, 
 as coming from him, certainly could not by possibility be trvie. 
 Then, the witness says he had occasion to call again, and he gives 
 us this account of what passed. " Referring to the conversation we 
 had before, I said, * By the Avay, you Avere telling me the other day 
 you knew Newgate INIarket. Do you knoAv the Kings of NcAvgate 
 Market?'" Noav the Kings were connexions of Mr. Pettit Smith, 
 a relation of his having married one of them. So he says, " Did you 
 know the Kings of NcAA-gatc Market?" Says Castro, " Well, there 
 were several Kings in the market." " But did you knoAv John and 
 Henry King ? " " Oh yes, they were two brothers, but they were 
 not in business together." " I said, ' Can you describe Plenry King 
 to me ? ' He said, ' Yes I can,' " and the Avitness says he went on 
 and described him as a man of about the witness's height, Avith dark 
 curly hair and black Avhiskers, " and that his stall Avas the second
 
 ( 41G ) 
 
 or tliird down froBi Newgate Street." Says Mr. Smith, " Tliat is a 
 pretty accurate description ; what sort of a man was John King ? " 
 And the defendant described him as a bio- stout man, weishino* 
 about fifteen stone, and said he kept two stalls in the same passage 
 with his brother in the market, and had cellarage underneath. 
 This witness was himself well acquainted with the Kings : John 
 King had married his aunt, his mother's sister; and he had a 
 thoi'ough knowledge also of their place of business, and he says this 
 account was correct, the personal description of the two brothers was 
 correct, and the statement of the defendant as to their business and 
 place of business was correct. He was quite right in saying the two 
 brothers were not in partnership, and that they had separate stalls, and 
 was right as to the locality of those stalls, and also as to the fact that 
 one of those two brothers had cellarage under the market, Avliich he 
 used for the purposes of his business. Is the evidence of this witness 
 true or not ? If it be true, what is the consequence that necessarily 
 flows and results from it ? Could Roger Tichborne by any human 
 possibility have possessed this knowledge ? 
 
 We have traced with careful accuracy and minuteness the history 
 of Roger Tichborne's life. We know where he was placed for his 
 education: we know where he was quartered when in the army. 
 How could he have acquired a loiowledge of all these details about 
 Newgate Market ? Could he have known those two brothers of the 
 name of King, who had stalls in the market, or the locality of 
 their stalls, or the other circumstances ? Either we must reject the 
 e\adence as altogether luiworthy of belief, and so stamp the witness 
 with the brand of falsehood upon oath in a matter which does not 
 appear to concern him — and if he came to speak falsely it must be 
 implied he had some unAvorthy or sinister motive in doing so, and 
 we have no facts to justify that suspicion — or, if you give credit to 
 the evidence as worthy of belief, we must ask ourselves whether it 
 is possible to reconcile this intimate acquaintance with Newgate 
 Market, in which Roger Tichborne probably never set his foot, Avitli 
 our laiowledge of him, and bring ourselves to the belief it was Roger 
 Tichborne who Avent through this conversation. I am not now on 
 the subject of the identity of the man who held this conversation 
 with Arthur Orton ; that I reserve entirely for future consideration. 
 I am simply putting the question — Avhether he was Arthur Orton or 
 whether he Avas somebody else — are these facts, are these details such 
 as coidd possibly have been Avithin the cognisance of Roger Tich- 
 borne ? Unless, indeed, you adopt the vicAV Avhich the learned 
 counsel for the defendant more than once thrcAV out, that Arthur 
 Orton and the defendant having been constantly in companionship 
 for a very long period of time, out in the forests of Australia, Roger 
 Tichborne, then passing by the name of Castro, had become familiar
 
 ( 417 ) 
 
 ■with all the details of Arthur Orton's life, and carried them about in 
 his head. But even then I do not see why he should assume to 
 himself the character of Arthur Orton so far — not, indeed, as to say 
 he was Arthur Orton — but to assume the character of a London 
 butcher which Arthur Orton had been — of a man who had been 
 employed at Newgate Market, and who on that account knew how 
 to cut up meat as Avell as anybody in the colony, having been brought 
 up to the trade of a butcher. Nor does it turn on the conversation 
 alone. INIr. Pettit Smith, on going into the shop, is struck by the 
 difference between the neat and artistic way in which the butcher's 
 business is done there, as contrasted with the rough way in which it 
 is generally done in the colony. Why should Roger Tichborne 
 have exhibited — one cannot help asking one's self — a greater dex- 
 terity, greater knowledge of the business, than any other man who 
 happened to have taken to it in the rough way in which it was done 
 in Australia ? You woidd expect that a man who goes to Australia, 
 never having been apprenticed or brought up as a butcher, never 
 having had the opportunity of seeing the way in which the Avork of a 
 butcher is done, if he took to butchering, would do things roughly, 
 as they do in the colony ; and not having gone through an appren- 
 ticeship to the trade, would adopt the rough mode of doing it, 
 instead of the neat and business-like manner in which it is done in 
 this country. I cannot help asking, in addition to the question I 
 put before on that point — what should make Roger Tichborne take 
 to that particular business ? what should enable him to perform the 
 different parts of that business in a workmanlike and skilful manner, 
 as if he had been brought up to it ? 
 
 A Juror : The learned counsel attributed that to an early fancy 
 for dissecting cats. 
 
 The Lord Chief Justice : If he did I do not think it is worth 
 our while to dissect that argument. It is ludicrous on the face 
 of it. 
 
 In the course of the year 1864 the defendant thought proper to 
 set up in business for himself. He took a shop, and some other pre- 
 mises not very far off from it as a slaughtering yard. He set up for 
 himself; the business did not prosper ; he had no capital to carry it on 
 with, and every business, to do any good with it, needs the means of 
 starting in it ; so after a time he got into difficulties. He could not 
 pay his rent : an action of ejectment was brought against him, and 
 he Avas turned out. During the action Mr. Miller, who Avas at that 
 time carrying on business at Wagga-Wagga, as well as at Albury 
 and some other place, the name of which I forget, acted for him. 
 We had Mr. Miller before us. The defendant Avas obliged to quit 
 
 E E
 
 ( 418 ) 
 
 those premises, and then he appears to have returned to the employ- 
 ment of ]Mr. Hig'gins, and continued in Mr. Higgius' employment 
 imtil the latter part of the year 1865, before which, however, many 
 events took place, Avhich it is very important for us to go through, 
 and for you afterwards to bear in mind. 
 
 At the beginning of the year 1865, while he was still in the 
 employment of Higgins, an event of considerable importance took 
 place, namely, his marriage. On the 29th of January, 1865, he 
 married a person of the name of Ann Bryant: and the marriage 
 becomes a circumstance of considerable moment in this case in more 
 than one respect. I do not wish to say a word that could, if it 
 reached the ears of the defendant's wife, give her a moment's pain or 
 discomfort. Whatever may be the result of this inquiry, Avhatever 
 may be your opinion about it, she is a perfectly unoffending person 
 in the whole matter: and it is perhaps very hard that her name 
 should be in any way brought forward : and yet it is impossible to 
 overlook the particular circumstances connected with this marriage. 
 We know from the defendant's own statement that the wife was a 
 domestic servant. We know she Avas perfectly illiterate, could neither 
 read nor write, and to the marriage register affixed only her mark. 
 We know something else, which I do not wish more particularly 
 to refer to. I will only ask you to look at the Wagga-Wagga will 
 Avhen I bring it to your attention presently, and her description in 
 the marriage register. I advert to this circumstance only for this 
 purpose, that I think it is right that you should consider how far it 
 is likely that Roger Tichborne would have formed such a union. 
 Roger Tichborne, if still living, would have been, of course, perfectly 
 aware who he was. No reason is alleged for supposing that he had 
 at that time abandoned finally and for ever the intention of returning 
 to his native coimtry and resuming his proper station ; and he must 
 have known that, if he ever did so, the marriage he was forming- 
 would place him in a considerable difficulty, because he would know 
 that he could not claim for his wife the position the Avife of Sir 
 Roger Tichborne ought to occupy, I mean as regards society and 
 intercourse Avith persons of equal rank and station. I do not find 
 that there Avas any romantic attachment Avliich Avould induce a man, 
 in spite of all such objections, to say, " I do not care ; I love this 
 woman Avith so intense a love, that I Avill forego society, and give up 
 all social pretensions for her sake ; " and I say so, because Ave shall 
 find as we go on, that Avhen the defendant decided on coming to 
 England to assert his claim, he for a long time thought of leaving 
 his wife behind in the colony, and keeping the fact of his marriage 
 entirely secret. In addition to Avhich, Ave knoAv he told INIr. Gibbes, 
 when he made up his mind to come forward, hoAV much he regretted 
 having married beneath him, because he knew the obstacles that it
 
 ( 419 ) 
 
 woiilJ throw in his way. Therefore, Avhile admitting from the 
 experience of past and present times, hoAv much men Avill do for 
 women they love, I still say that it is one of the circumstances which 
 ought to be taken into consideration as affecting the probabilities of 
 this case, that we find the defendant forming, a few months only 
 before he is induced to come forward, a union apparently incom- 
 patible with his position, if liis position had been that of Koger 
 Tichborne. 
 
 But that is not all. We must next consider where and how that 
 marriage was celebrated. Roger Tichborne was the heir and repre- 
 sentative of one of the old Roman Catholic families of this country : 
 and although I cannot say that I think he had any very great 
 veneration for the priests of his church, yet he more than once affirms 
 that he always stood up for his own religion Avhenever the occasion 
 called for it. And there certainly seems no reason to believe that 
 Roger Tichborne was not, as far as he could be attached to any- 
 thing, attached to the Roman Catholic Church, and a real and 
 thorough Roman Catholic. Now if there is anything that a Roman 
 Catholic would be likely to shrink from, it would be, I take it, the 
 having the marriage ceremony, which -with Roman Catholics is a sacra- 
 ment, performed by a dissenting minister in an ordinary habitation, and 
 not in a church Ijelonging to his own faith. Yet we know that the 
 defendant — now calling himself Roger Tichborne, but then going by 
 the name of Castro — was man-ied to his present wife in a private 
 house, and had the marriage ceremony performed by a member of 
 the Wesleyan congregation. Any Roman Catholic can judge 
 whether that is a thing likely to be done by a member of their 
 church. What is the explanation ? Was there no Roman Catholic 
 church or chapel at Wagga-Wagga? Was there no Roman Catholic 
 priest who could perform the ceremony, and unite these two persons 
 in holy matrimony ? The defendant does not say so ; but he gives two 
 reasons, not quite capable of being reconciled with one another, for 
 liaving this marriage ceremony performed by this dissenting minister. 
 The first is that he was not on good terms with the Roman Catholic 
 priest. I do not know that that is a reason why, if a man Avantcd to 
 be married — being a Roman Catholic, and looking on marriage as a 
 sacrament which ought not to be defiled, as they would esteem it, by 
 being solemnized by a heretic minister — he should, because not on 
 the best terms with the priest of the church to which he belonged, be 
 married by some minister of another church. Take the case of an 
 English parish church. You happen to have some little difference 
 with the minister, but you want to get married, and you want to 
 get married at that particular place, Avould you think it necessary to 
 go somewhere else, because you knew the minister who woidd have 
 
 E E 2
 
 ( 420 ) 
 
 to perform tlie ceremony was not on the most friendly tenns with 
 you ? 
 
 But he gives another reason. " The truth is," he says, " I knew 
 the priest would expect that before I asked him to perform the sacra- 
 ment of the marriage ceremony, I should go to confess to him, and 
 I could not go to confession without avowing who I was ; because to 
 have given a false name Avould have been in itself a sin, and would 
 have been a thing which, if I went to confession, I should be bound 
 to confess, and I did not at that time wish it to be known who I was." 
 We had some clerical evidence on that subject ; and as far as I could 
 make out (not very clearly perhaps), if a man is going by an assumed 
 name, not for the purpose of fraud, not for the purpose of imposing 
 on the woman whom he gets to marry him, but simply because he 
 has social reasons for assuming the name, and intends to continue to 
 go by that name — there would not be any sin in the concealment, and 
 he woidd not be obliged to reveal the fact. However, the defendant 
 may have thought it was so, and on that account have refi-ained fi-om 
 asking the priest at Wagga-Wagga to marry him lest he should be 
 called on to say who he was. 
 
 Now comes another, and to my mind, a still more remarkable 
 thing. Roger Tichborne, when he took a wife, chose to take her 
 from a very humble sphere of society ; but being his wife, she was as 
 much his wife as if he had married a woman of rank and title ; and, 
 one would suppose, if he had any secret as regards his social position, 
 woidd become the recipient of that secret ? Would you not have 
 expected if Roger Tichborne thought proper to marry Ann Bryant, 
 a domestic servant, that he Avould have said to her (if he had not 
 told her before), " Now we are married, I ought to have no secret 
 from you: I am not Tom Castro, Higgins's man, as you believe me 
 to be ; I am Roger Tichborne, the heir to a baronetcy and to a for- 
 tune of 20,000/. a year." But he tells her nothing about it. 
 
 There is another fact connected with this marriage, which is also 
 deserving of observation. Roger Tichborne, on the 29th January, 
 1865, was 36 years of age. I am not now on the Arthur Orton case, 
 but still I must remark, in passing, that Arthiu' Orton at his last 
 birth-day would have been at that time 30 years of age, he having 
 been born in the month of March in the year 1834. At his last 
 birth-day in March, 1864 (not having then got to March, 1865), he 
 would have been 30. It is a remarkable fact that at that marriage the 
 defendant stated his age to be 30 years, and not 36, as Roger Tich- 
 borne's age would have been. There are men who are Aveak enough 
 to take off a year or two, especially if they -svish to stand well with 
 the ladies ; they take off a year or two fi-om the burden of their 
 years. But a few men only are silly enough to do this ; it is a pecu- 
 liar privilege we alloAv to the fair sex alone. They may take off a
 
 ( 421 ) 
 
 few years, and when they get to a certain age they remain stationary. 
 But it is not likely that a man would take off six years from his ao-e, 
 especially at the age of 36. 
 
 Before I pass from the marriage, I should mention that in the 
 register of that marriage, when the defendant was called upon to say 
 who and Avhat he was, he represented himself not only as Castro in 
 point of name, but also that his native country was Chili, and that 
 his father and mother were Chilians. That, of course, was untrue — 
 xmtrue, let the defendant be who he may. Of course, Roger Tichborne 
 was not born in Chili, and his father and mother were not Chilians. 
 "What the piu-pose of that representation could be I do not know. The 
 defendant had adopted the name of Castro, and Castro is a Chilian 
 name ; but why he should go on to say that he was a Chilian by 
 birth, and that his father and mother were Chilians, I cannot con- 
 ceive ; unless, indeed, it was to identify himself more completely with 
 the character of Castro, and disconnect himself from any name he 
 had pre\aously borne. He is asked: "Did you describe yourself as 
 having been born in Chili, in South America?— I think I did." 
 " Did you leave your wife under the impression that all you said as 
 to who you were, and what you were, was true when you married 
 her ; that all this was correct, that you were born in Chili, South 
 America, and your father and mother were Thomas and Mary 
 Castro ?— "Well, I believe I did up to the second marriage." 
 
 Events march on, and the next event to which I have to call your 
 attention is what has been called the " Richardson Letter;" and this 
 is one of the most remarkable circumstances that have come to lio'ht 
 in the course of this case. In the month of April, 1865, the defen- 
 dant goes to a schoolmaster in "Wagga-Wagga, and asks him to 
 write a letter for him. The schoolmaster writes the letter. You 
 would have thought that when the letter Avas Avritten, as it was to 
 bear the name of Thomas Castro, the defendant Avould have signed it 
 himself. He does not sign it, but gets the schoolmaster to sign it in 
 his name. It was a letter addressed to a Mr. James Richardson. 
 Mr. James Richardson had carried on the business of an outfitter in 
 the High Street, AYapping, tAvo or three doors from the establishment 
 of old Orton. He Avas a man Avell knoAvn in Wapping ; he had the 
 confidence of the parishioners, and was for many years treasurer of 
 the parish ; and Avas acquainted Avith everybody, and I dare say Avith 
 everybody's affairs, throughout the parish of Wapping ; and to this 
 man the defendant causes the folloAving letter to be written. It is 
 written on the 13th of April, 1865, from Wagga-AYagga, to "James 
 Richardson, Esquire, 72, High Street, Wapping," " Sir, although 
 a perfect stranger, I take the liberty of addressing you, and as my 
 residence at present is in this distant colony, I trust you will pardon 
 the intrusion and oblige me by granting me the favour I seek. I
 
 ( ^22 ) 
 
 believe there was some years ago living in your nelglibourhood a 
 person named Orton, to this man I Avrote several letters, none of 
 "which has ever been answered. The letters are of importance to 
 Orton or his family, and to no other, so that I mnst conclude he has 
 not received them as I am certain they would be answered ; besides 
 as this district is or lately Avas in a very disturbed state through a 
 lawless set who styled themselves bushrangers, and who respected 
 neither life nor property, I conclude my letters fell perhaps into their 
 hands. If Orton or his family live near you still, or if you have or 
 can give any information respecting them, I shall feel ever grateful. 
 I beg to say here, with pleasiu'e, that one of the most notorious of 
 the bushrangers has fallen by a rifle ball, and that on the news of his 
 death and doings being properly chronicled, I Avill send you the 
 paper containing such. I trust you Avill not fail to oblige me by 
 sending any information Avhatever respecting Orton or his son 
 Arthur" — plainly distinguishing between the Orton to whom the 
 letter in its earlier portion referred and his son Arthur. — " I am, Sir, 
 Your obdt. obliged servant, Thomas Castro. Should you Avrite, 
 Address Thomas Castro, care of li. I. Higgins, Esq., Australian 
 Hotel, Wagga-Wagga, IST. S. Wales." Distinguishing, as I say, 
 between the father and the son. 
 
 Do me the favour to observe the lano-uage : " I believe there was 
 some years ago living in your neighbourhood a person named Orton, 
 to this man I wrote several letters, none of which have ever been an- 
 swered." Now it Avas very natural that the defendant, dictating this 
 letter, Avliich he undoubtedly did dictate, and asking a person of whom 
 he kncAv nothing to give him, or procure for him, information 
 respecting a person Avho lived near him, having that to communicate 
 to him Avliich would be of importance to him or his family, should say 
 he had written to the person in question. Of course, if you have 
 information to give to a man which is important to him or his family, 
 you address the man himself; you do not write to somebody else who 
 happens to live near him to obtain the information about him without 
 having first written to the individual himself; if thereupon you 
 cannot get any ansAver, you may have recourse to some other means 
 in order to get the intelligence that you require ; but you first aatIIc 
 to the man himself ; and, therefore, in this letter it is stated that the 
 professed writer had Avritten to the individual about A\diom he Avanted 
 information, and had failed to get an ansAver. Therefore the 
 explanation is given : " I have written several letters ; postal com- 
 munication in this country has been rendered imsafe by those laAvless 
 fellows, the bushrangers, Avho stop the mails and take the letters, 
 so that letters do not reach their intended destination ; and so 
 that may account for my letters not reaching this Orton, your neigh- 
 bour. I rejoice to think that that state of things has noAV been put
 
 ( -123 ) 
 
 an end to, because somebody has had the great merit of shooting one 
 of those fellows a few days ago by putting a rifle ball into him." To 
 be sure, additional security having been obtained from that circum- 
 stance, a letter addressed to old Orton would be as likely to find him 
 as it woidd be to come to the hands of jNIr. Richardson next door. 
 Either the letter would fall into the hands of the bushrangers, and 
 then it Avould not reach the hands of Mr. Richardson for George 
 Orton ; or if it did not fall into the hands of the bushrangers, it 
 would reach Orton Avithout bcino- addressed to Mr. Richardson. 
 
 Rut you Avill be siu'prised to find, when I read the cross-examination 
 of the defendant, that he had never AAaitten a letter to old Orton at all. 
 He is asked : " What made you, on the 13th of April, 1865, so very 
 anxious to ascertain anything about Orton or his son Arthur? — 
 Well, I was very anxious at that time to know where he was, and I 
 had tAvo addresses on a bit of paper AAdiich he left before he Avent 
 aAvay." Upon this letter, AAdien produced by Mr. Richardson, there 
 Avas Avritteu " Hobart Town, 1854, 9th of June," and Ave knoAv noAv 
 Avhat that meant. That Avas the date Avhich, upon his seeing old 
 Orton, he was told Avas the day on Avhich they had last received a 
 commmiication from xlrthur. " What Avas it that made you on the 
 13th of April, 1865, at Wagga-Wagga, so anxious about Orton and 
 his son Arthur." Says the defendant, " I Avish to explain first that 
 the dictation of that letter is not mine — that I merely asked a school- 
 master to Avrite and ascertain Avhether anything had been heard of 
 Orton, as I had not seen him for tAvo or three years." 
 
 Now, I am not sure Avhether I ought not to pause here, and place 
 before you, at this stage, the defendant's account of his intercourse 
 Avith Arthur Orton. If I do not do it noAV I Avill do it presently, 
 because places and dates which he gives with reference to his 
 acquaintance AAath Arthur Orton after he left Boisdale, aa^II in the 
 course of this inquiry become material. But I postpone it for the 
 moment. Assume, if you please, that he had seen Arthur Orton, 
 and had been Avith him on A'arious occasions after the time he left 
 Boisdale ; that during the year 1859, according to the defendant's 
 account, they Avere hardly ever separated; that in 1860 he lost sight 
 of him, but saAv him again in 1862, and at the date of this letter in 
 1865 had not seen him for tAvo or three years previously. He goes 
 on : " I Avish to explain first that the dictation of that letter is not 
 mine — that I merely asked a schoolmaster to write and ascertain 
 Avhether anything had been heard of Orton, as I had not seen him 
 for two or three years. Q. To Avrite and ascertain AA'hether anything 
 had been heard of Orton there, in England, Avhether he had returned 
 or not — as you had not heard from him for tAvo or three years ? — 
 Yes, that is the lapse of time I gaA'e you." Then the passage which 
 I read is repeated, "If you have or can giA^e any information respect-
 
 ( 424 ) 
 
 ing tlicm I shall feel for ever grateful": — Says the defendant, " As I 
 said, the letter was not my dictation at all. Q. Did you read it 
 before you sent it ? — Probably he read it over to me — yes. Q. What 
 did that mean ? What was it would make you feel for ever grateful 
 for any information respecting Orton and his family? — I did not 
 know about his family ; it was only about him. Q. Cannot you tell 
 me w'hat you wanted ? This was read over to you, you say, prob- 
 ably? — Yes, probably it w^as. Q. What was it that '\^'Ould have 
 roused your sense of gratitude so much, in April, 1865, by the 
 receipt of any information about Orton or his family ? — You see I 
 did not dictate that letter at all ; it was a schoolmaster's. Q. So 
 you have said ; and I have asked Avhether it was read over to you, 
 and you said probably it Avas. — Yes, it is likely it Avas. Q. Written by 
 your dictation ; what made you say you would be very grateful ? — I do 
 not know that I Avas grateful at all, it was put in as a matter of course. 
 Q. What? Pure Castilian? You mean that Avas a flourish? — 
 I did not mean it Avas Castilian. Q. No, you meant it as a flourish, 
 did you ? — I do not knoAv, I am sure ; it AAas the schoolmaster wrote, 
 not me ; he ought to be a better judge of what he put in. Q. What 
 made you anxious to know at that time Avhere Arthur Orton Avas, 
 about Orton and his family? — Well, I AA^as anxious to knoAv Avhere 
 he Avas. Q. If you directed information to be obtained about Arthur 
 Orton, it is curious there is not a single syllable said about Arthur 
 Orton till the A'ery last words of the letter? — Still, that is what I told 
 him to write about. Q. It is all about Orton and his family ; and 
 at the very end it says, ' Orton or his son Arthur : ' it is singular, if 
 that Avas read over to you why that should be : Can you explain it ? 
 How came you to let that letter go in that shape ? — I do not knoAv ; 
 I do not suppose I took much notice Avhat shape it Avas in. Q. Had 
 you seen any of the family at that time named Orton except Arthur ? 
 — No. Q. Was there anything at that time interesting or important 
 to Arthur Orton that you Avished to commimicate ? — Yes, there Avas. 
 Q. What Avas that ? — I shall decline to answer that question. Q. But I 
 am afi'aid I must press you for that : What Avas it that Avas so important 
 to Arthur Orton? — I must decline to ansAver that question." Then the 
 Lord Chief Justice interposes and asks "Why?" He ansAA^ers — "It 
 might have a tendency to criminate myself." Then there ensues a dis- 
 cussion on the privilege of a Avitness with regard to such a question, 
 and then the cross-examination is resumed. " I ask you, on yom- oath, 
 do you mean to say that answering the question that I put to you Avould 
 tend to criminate yourself? — On my oath it Avould. Q. Criminate 
 may have various senses, and I haA^e a right to ask, upon your oath, 
 do you mean to say that this Avould tend to prove that you had been 
 guilty of a crime punishable by law ? " Up jumps my brother 
 Ballantine, and says, " Do not ansAver that question " — a similar
 
 ( ^25 ) 
 
 objection had been raised before — " Mr. Seujt. Ballantine : It is 
 the same objection. The Lord Chief Justice : That is what I 
 understand when a man swears on oath it will have a tendency to 
 criminate himself, that is the popular understanding." Then the 
 Lord Chief Justice says : " I ought to tell him that putting it on 
 that ground is producing an impression that it would criminate 
 himself, and render him liable to criminal proceedings. You may 
 haA-e, if you please, the advice of your counsel on this matter, and 
 your language will be so understood in that sense. That is the 
 ordinary meaning of the words. It is right that you should under- 
 stand, before you protect yourself from answering the question, wliat 
 the effect of your objecting to answer is on that ground." Then the 
 Solicitor-General says : " I will just ask you on this letter. ' There 
 was, some years ago, living in your neighbourhood, a person named 
 Orton. To this man I wrote several letters, none of which has ever 
 been ansAvered.'" Then says the Avitness, "Well, I haA-e never 
 written any letters to him. Q. Then is that untrue ? — I suppose it 
 is ; I certainly had ncA'er Avritten any letters to him before. Q. Hoav 
 came the schoolmaster to write that ? — I can't say I am sure, hoAv he 
 came to AATite that. Q. You told me it Avas Avritten by your direction. 
 — It AA^as merely the schoolmaster Avas sitting in the office, and I asked 
 him to come in and Avrite it. Q. And it Avas probably read over to 
 you ? — Well, I should think it Avas. Q. Where upon earth did the 
 schoolmaster ffet the information that he Avas to write that a^ou had 
 Avritten several letters to a man named Orton, in the neighbourhood 
 of High Street, Wapping, none of which had ever been answered? — 
 I do not remember that being written at all. Q. Will you SAvear you 
 did not ? — Yes, I Avill sAvear I did not. The Lord Chief Justice : 
 Just before you ansAver in that Avay, bear in mind that it is not 
 simply in one part of your letter, but the whole substance of the body 
 of the letter has reference to letters you haA^e AATitten, and it is men- 
 tioned three times. ' I believe there was, some years ago, living in 
 your neighbourhood, a person named Orton. To this man I Avrote 
 several letters, none of Avhich has ever been ansAvered. The letters 
 Avere of importance to Orton or his family, and to no other.' Then 
 it refers to the laAvless proceedings, and then, ' I conclude the letters 
 fell into their hands.' Therefore in three places letters are mentioned, 
 and are mentioned with reference to the substance of them : do you 
 mean noAv you ncA^er Avrote to Orton ? — No ; I think on reflection I 
 must have Avritten. The Solicitor-General : You must have written 
 on reflection? — I have no recollection of haA'ing done it, but there is 
 no doubt from the tendency of that letter I had done so. Q. The 
 tendency? — When Orton Avent away he left tAvo addresses Avitli me. 
 The Lord Chief Justice : The letter Avas read more than once, 
 and you SAvore positiAcly ' I hadncA^er Avritten any letters'? — If I did
 
 ( -iSG ) 
 
 so, I did so purely from my tliou<2,]its, my Lord. The Solicitor- 
 General: Do you remember Avliat the letters were about? — If I 
 wrote they Avere to Arthur Orton himself. But," says the Solicitor- 
 General, " you say to Orton, distinguishing betAveen Orton and 
 Arthur Orton ? Yes, not to anyone else I certainly shoidd not have 
 written." Then the Solicitor-General reads the letter again, and the 
 last part of it, '^ I trust you will not fail to oblige me by sending any 
 information respecting Orton or his son Arthur." " Well," says the 
 defendant, " T can't say I am sure what I did then, and I am not 
 aware that I did do it. Q. Do you mean that you could have Avritten 
 letters to Orton's father, all important to him and his family, and to 
 nobody else, without remembering it, without knoAving it? — No, 
 I never Avrote to Orton; if I A\Tote to anyone it AA^as to Arthur himself. 
 Q. But you say the contrary here: ' I Avrote to Orton several letters; 
 the letters Avere of importance to Orton. I conclude my letters fell 
 into the hands of the buslu'angcrs. Will you oblige me by sending me 
 any information AvhatcA'er respecting Orton or his son.' Mr. Serjt. 
 Ballantine : Artluu- ! The Solicitor-General : His son Arthur. 
 He distinguishes betAveen the father and the son, and the Avhole of the 
 letter is Avritten about the father. Q. Hoav do you explain that ? — I 
 cannot say how I explain it at all, inasmuch as I did not Avrite the letter. 
 Q. Can you explain it? — No, I cannot. Q. What, have you forgotten 
 the subject of that ? — I do not knoAv that I liaA'e Avritten any : I liaA'e no 
 recollection, but that Avould imply as if I had." Then the Solicitor- 
 General, folloAving that policy Avhich seems very frequently to have 
 led him to prolong the cross-examination, goes on pressing him on 
 the subject. The defendant says : " I did not AA-rite that letter. 
 Q. It Avas AATitten by your directions and read over to you? — Well, 
 I don't know that it Avas: the probability is that it certainly Avas. 
 The Lord Chief Justice : The Avhole substance of the letter, as it 
 strikes me at present — it is right to call your attention to it — and the 
 reason of your Avriting to Richardson is, because you had AATitten 
 a letter to Orton and had not been answered. This is the substance 
 of the letter as appears by the expressions. The Solicitor-General : 
 Tell me Avhat AA-as the subject of them? — The subject of what? of the 
 letters?" Then the Lord Chief Justice says: " At present he has 
 not said that he did Avrite: he has said that he did not. The Soli- 
 citor-General: Do you mean to deny that you AATote letters after 
 that?— I have no recollection of having done it; if I did, I coidd 
 only haA^e one reason for Avriting, and that was to ascertain his Avhere- 
 abouts." Then the cross-examination goes on at A^ery great length: 
 I am unwilling to weary you Avith it ; it is all to the same effect, and 
 amounts to a complete avoAval that he never Avrote a single letter to 
 old Orton, and that this statement Avas a falsehood. He seeks to 
 throAv it on the schoolmaster, but you cannot possibly imagine that.
 
 ( 427 ) 
 
 " How came you to write to Mr. James Klcliarclson at all ? — Because 
 it was the address given me by liim. Q. By Arthur Orton? — Yes. 
 Q. 'Mr. James Kichardson, 72, High Street, Wapping;' Avhen did 
 he give you that address? — When he left me at Gundagai." He 
 used it, he says, for the purpose of writing to JNlr. llichardson 
 to obtain information aboiit Arthur Orton. The question tliat 
 presents itself is whether that statement that Arthur Orton had 
 given him this address for the piu-pose of A^a-iting for this infor- 
 mation is correct: it is one on which you must exercise your own 
 common sense. Why should Artluu- Orton give to the defendant 
 the address of Mr. llichardson? The defendant knew perfectly Avell 
 the address of Artluu* Orton's father, either as being Arthur Orton, 
 or as having received it fi-om Arthur Orton, because otherwise he 
 covdd not have known that he lived near llichardson. But is it 
 likely that Arthur Orton, ayIio had long before ceased to hold any 
 communication with his family, should have given his father's address 
 to the defendant, apparently without any conceivable motive or pur- 
 pose ? Still less could there have been any reason why he shoidd 
 give him Hichardson's address. If Arthur Orton wanted the de- 
 fendant to write to him, he Avould give him his right address, not 
 that of his father, who had no knoM'ledge of where he, Arthur, was. 
 
 Now, having before us the terms of this letter, by whom are we to 
 suppose it to have been written, or at all events dictated. Can we 
 suppose it to have been dictated and sent by Roger Tichborne ? If 
 Roger Tichborne had wanted to write such a letter, Roger could 
 write, and would have had no difficulty in writing it for himself. 
 Why shoidd a man with so facile and fluent a pen, and who in his 
 early da}'s had been an habitual letter-writer, have recourse to a 
 schoolmaster, and, what is still more to the purpose, why should he 
 want to know particulars about old Orton and his family ? I am not 
 at present considermg what motive Arthur Orton, if the defendant 
 be Arthur Orton, might have had for A^Tiiting this letter. That is a 
 matter for future consideration. I am looking at it with reference 
 to Roger Tichborne. 'NMiat motive could Roger Tichborne have for 
 desiring to have information about old Orton and his family. If he 
 had become the intimate friend and associate of Arthur Orton, and 
 had lost sight of him, I can qiute understand his addi-essing himself 
 to the Ortons, to know if they had any information respecting their 
 son; and if he was so intensely anxious, whatever might be the 
 reason operating on his mind, to know what had become of Artluu- 
 Orton, and did not get any information fi-om the father, and if we 
 can suppose that by any possibility Roger Tichborne had in his pos- 
 session the address of Mr. Richardson, it is quite possible he might 
 write to Mr. Richardson about it. But Avhat motive could he have 
 for desiring to have information about old Orton? which is clearly
 
 ( 428 ) 
 
 uliat this letter proposes — any mention about the son Arthur being 
 thrown in only at the end of the letter, in order to make it appear 
 that he wanted further information than about old Orton and his 
 family. But the purport of that letter, if you come to look at it 
 critically, is beyond all question what was pointed out by the Solicitor- 
 General and by the Lord Chief Justice at the former trial. It has 
 reference to old Orton and the Orton family, and not to Arthiu-. 
 That being so, you must consider for yourselves what Roger Tich- 
 borne could have wanted to know about old Orton and the various 
 sons and daughters of old Orton's family? It is one of the remark- 
 able points in this case. It has a much stronger bearing, perhaps, 
 on the Arthur Orton part of the case when we come to consider 
 whether that letter was dictated by Arthur Orton himself, and that, 
 consequently, Orton woidd not write the letter in his oyvn hand, or 
 siffn it, because he knew of course that when it reached Richardson 
 it would be handed by Mr. Richardson to the father and the family, his 
 next door neighbours, who might recognize the handwriting. That 
 Avill be a matter for future consideration, and you may think that great 
 Aveight and importance attaches to it. I am simply asking you at the 
 present moment, whether it occurs to you that Roger Tichborne could 
 have had any motive for writing such a letter, and as following upon 
 that, whether the writer was Roger Tichborne or not. So much at 
 present for the Richardson letter. 
 
 I have already said that the defendant having set up in business 
 for himself got into difficulties, and it appears he employed Mr. Miller, 
 an attorney, who has been called before you, as his legal adviser, and 
 Mr. Miller did his best for him, but could not succeed in preventing 
 him from being ejected from the premises he had taken. About this 
 time Mr. Miller entered into negotiation with Mr. Gibbes for the 
 transfer of his Wagga-^Vagga business to the latter gentleman, and 
 they came to an agreement, and on the 20th of July Gibbes took to 
 the business of Mr. Miller. For professional services, and also in 
 respect of some horse-dealing transaction, the defendant remained 
 indebted to Mr. jSIiller in a sum of 6/. odd. When INIr. Gibbes took 
 to the business of Mr. Miller he took to his debts and credits, and 
 there was this claim against the defendant for this sum of 6/. odd. 
 It so happened that shortly after he had taken the business, 
 Mr. Gibbes was opposed to the defendant on behalf of a Mr. Elliot 
 in a suit brought by the defendant against Elliot to recover either 
 wages, having been a certain time in his employment, or, as has been 
 suggested, to recover the rent of some premises which Mr. Elliot had 
 taken from him. It is quite immaterial which. ]\Ir. Gibbes was the 
 advocate for Mr. Elliot against defendant, who conducted his case in 
 person. The defendant prevailed, and Mr. Gibbes tells us that when 
 the matter came to be investigated he thought the defendant was in
 
 ( 429 ; 
 
 the right and prevailed justly. This brought them into contact ; and 
 Mr. Gibbes reminded the defendant that, as the representative of 
 Mr. Miller, he had a claim against him for the balance due to 
 Mr. ISIiller, on which the defendant says, " I am bound to tell you 
 candidly I am not in a condition to pay; I am in very poor circum- 
 stances." Mv. Miller also told us the defendant used to complain 
 to him of the low circumstances in which he was, and he told 
 Mr. Gibbes the same thing. " I am very poor, I am very much in 
 debt with reference to my means, and I tell you fairly I cannot pay 
 you. I owe as much as 200Z. in this place and neighboiu-hood, and 
 I cannot pay anybody; 1 don't know what to do." Then said 
 Mr. Gibbes, " Why not go through the Insolvent Com-t? What is 
 the use of a man struggling against debts he cannot pay? It 
 cripples him and prevents him from doing anything useful : it is a 
 position in which a man ought not to remain. It is a great pity to 
 be harassed by unrelenting creditors, who will not give you peace ; 
 you cannot exercise your honest industry to the best advantage. 
 Let me pass you through the Insolvent Court ; it is such a nice easy 
 way; and you will come out as bright and fresh as possible." This 
 is one of those balmy consolations which a debtor who cannot pay 
 his debts listens to with infinite complacency. And says Mr. Gibbes, 
 " Although you owe me this money, I may as well file your schedule, 
 and get you through." The defendant listened to the suggestion as 
 a debtor would be likely to do, and says he will go through the 
 Insolvent Court. But not long after he comes and says to Gibbes, 
 " We were talking about the Insolvent Court. I have been thinking 
 whether I can go through the Insolvent Court with safety. The 
 fact is I have got a little property in England, and should I not have 
 to state that property ?" — " Certainly," says Mr. Gibbes, " it will be 
 a very serious thing if you do not. The law is very strict here. 
 If a man goes through the Insolvent Court, and files a schedule, and 
 does not state all the property he possesses, it may get him into trouble. 
 It does not signify w^hether the property is here or elsewhere: though 
 it is elsewhere, you ought to make it available for the creditors here, 
 if you want to pass through the Insolvent Court." The defendant 
 shakes his head, and says, he thinks he had better not, and abandons 
 the idea of going through the court. Bvit Mr. Gibbes was naturally 
 led to inquire Avhat sort of property it was. Gibbes gives us a rather 
 confused account, I think, of the early communications of the 
 defendant upon the subject of the property. I have perfect con- 
 fidence in Mr. Gibbes to this extent: I do not believe he intended 
 to tell us a w^ord that was not true ; I believe he was extremely 
 anxious to do justice to both parties, and had a great desire to be 
 perfectly impartial ; indeed he seemed to think that whenever he 
 said anything for the one side he ought to say something for the
 
 ( 430 ) 
 
 other. But I would not trust implicitly to that gentleman's recollec- 
 tion. In many parts of the evidence there was a character of flightiness 
 about it which disentitled it to the weight which would otherwise attach 
 to it. He told us he Avas in the habit of letting things go in at one 
 ear and out at the other, and allowing a person to talk while he was 
 not listening but thinking of something else. That is his own 
 account, and we must not assume that he is rigorously exact and 
 correct in many of the details he has given us. His accoimt is that 
 when he was talking with the defendant about this property he was 
 told that it was in the South of England, and afterwards in Hamp- 
 shire, but at the same time he tells us he understood it was some 
 small and insignificant property, not at all of the character of a large 
 estate; and he was told by the defendant it was entailed property, 
 Avhich in the event of his death would go to a cousin. That is the 
 account that he says the defendant gave of his property. 
 
 There the matter rested for a time, and it was not until a series of 
 events had occurred, which are of the deepest importance in this case, 
 that out of the relations between Mr. Gibbes and the defendant, then 
 passing imder the name of Castro, anything further resulted; but 
 out of those relations in the sequel arose the claim and coming 
 forward of the defendant. We know that when all the persons, who 
 were in any way acquainted with Roger Tichborne, or interested in 
 his fate, had resigned themselves to the entire and absolute belief 
 that he had perished, his mother. Lady Tichborne, still refused to 
 believe in his death, and clung, in despite of everything, to what 
 appeared to everyone else to be an irrational belief in the fact of his 
 still surviving. We have been told how she and her husband used 
 to have angry words on the subject, when she persisted in harassing 
 him with the perpetual theme, thus reviving in his mind the dreadful 
 sorrow for the loss of the fondly-cherished son. Whatever was the 
 temper of the father, or of the mother, one thing is beyond all 
 possibility of question, that they both loved that son with a fond 
 parental love; the father lamenting and mourning for his decease; 
 the mother hoping, as it were, against hope, and clinging to the 
 belief of his having survived. As long as the father lived. Lady 
 Tichborne was kept under some control ; but as soon as the father 
 was dead and gone, which happened in the year 1862, she could give 
 the reins to her ever-unceasing desire to inquire further about her 
 son, whom she believed to be living. Even in his lifetime, as we 
 have heard, any idle story told by a beggar in the garb of a sailor 
 about the son having been saved and brought into Melbourne was 
 sure to find ready credence with this lady. The origin of her belief 
 in this respect is indicated by the defendant himself in one of his 
 affidavits. "In or about the year 1858, a sailor, whose name is 
 unknown to me, solicited alms at Tichborne Park, and represented
 
 ( 431 ) 
 
 that he had come from Australia. My mother, the said Dame 
 Henriette Felicite Doughty Tichborne, had a conversation Avith the 
 sailor, and made inquiries of him as to whether he had ever heard of 
 the 'Bella' or of any of her crew having been saved. The sailor 
 replied that he had heard Avhen in Australia of some of the crcAV of 
 a ship which he thought Avas the ' Bella' having been picked up at 
 sea and brought to Melbourne. Mr. Francis Joseph Baigent, of 
 AA inchester, Avho Avas then at Tichborne Park on a visit, at the 
 request of my mother, then saw the sailor, and made the like inquiries 
 of him, and he repeated to the said Mr. Baigent the information he 
 had preAaously given to my mother as aforesaid, but no information 
 as to myself nor any further or more definite information as to the 
 ' Bella ' or her crcAv coidd be obtained from the sailor." — This I think 
 cannot be Avondered at, as there can be very little doubt the sailor 
 knew nothing AAdiatsoever about it — " This I kncAV from information 
 communicated to me by my mother and the said JNIr. Baigent. My 
 father, to AA'hom the statement made by the sailor Avas communicated, 
 expressed the opinion that it Avas not Avorth notice, and no further 
 notice Avas taken of such statement in his lifetime save that my 
 mother frequently referred to it, and Avhen the marriage between her 
 youngest son and the Honourable Teresa Mary Josephine Arundell 
 Avas in contemplation, she stated that she had a presentiment that I 
 was still living. This I knoAv from information communicated to me 
 by my mother." The Avitness Brand, the gamekeeper, tells us the 
 place Avas haunted by people who Avere desirous of practising on the 
 credulity of Lady Tichborne, who was always ready to listen to any 
 story of this kind, and rcAvard and relieve the men Avho told it. They 
 used to watch Sir James Tichborne going out, and then come to the 
 house to beg, and Brand was ordered by his master if any sailor 
 beggars came across the park, to drive them back and not alloAv them 
 to come up to the house. Sir James Tichborne, as Ave knoAv, died 
 in the month of June, 1862, and immediately after this Lady 
 Tichborne begins to take steps Avhich, probably, if her husband had 
 still been alive, she Avould not have taken ; but being freed from his 
 control she immediately adopts measures to see if she can recover 
 her lost son. In the year 1862, before her husband's death she had 
 Avritten to a gentleman of the name of Delafosse, fancying he had 
 been on board the ' Bella;' but that turned out to be a mistake, and 
 Mr. Delafosse kncAv nothing about it. In 1863 (her husband having 
 died in the preceding year) she advertises in the ' Times ' and pi-o- 
 bably in other ncAvspapers — but the ' Times ' advertisement alone has 
 been produced before you — in three languages, English, French, and 
 Spanish. 
 
 NoAv, in the year 1863 the defendant Avas settled in Wagga-Wagga, 
 and Ave are told that at the hotel kept by Mr. Higgins, the English
 
 ( 432 ) 
 
 newspapers were occasionally to be found. There is an Institute 
 at Wagga-^Vagga where they take in certain papers, and Avhere 
 they receive from time to time, fr'om people in the colony, who take 
 in the English papers, gifts, donations of papers, which are sent for 
 the benefit of the institution. Therefore there was at the time the 
 defendant Avas settled in Wagga-Wagga the possibility — there is 
 no proof of the fact — that he may have seen this advertisement in the 
 ' Times ' ncAvspaper. Besides that, Ave have had put in evidence two 
 or three copies of the ' Illustrated London Ncavs,' one of the leading 
 features of Avliich paper is the obituary, which gives an account of 
 the birth, parentage, and education, as people say, of all persons of 
 any social distinction, Avith their arms and crests, and all that sort of 
 thing, and that paper is regularly taken in at the Institution at 
 Wagga-Wagga. There is no CAddence that the defendant ever saw 
 this particular paper ; I only put it as a possibility that he may have 
 done so. He may have been in the habit of going to the Institution, 
 or he may have been in communication Avith other persons aa'Iio fre- 
 quented it. We Avill enter into that somcAvhat more fuUy AA'hen we 
 get further on. In the month of May, 1865, it so happened, that the 
 DoAvager Lady Tichborne chanced to see an advertisement in the 
 ' Times' of a Mr. Cubitt of Sydney, in AA-hich Mr. Cubitt announced 
 that he had opened an office for the purpose of general agency, and 
 that amongst other things he made it his business (as many persons 
 were coming out to Australia and their friends Avere losing sight of 
 them) to search for persons Avho Avere missing, and of whom their 
 friends desired to obtain intelligence. No sooner did Lady Tich- 
 borne see this advertisement than it occurred to her that Mr. Cubitt 
 and his " Missing Friends' Agency Office " might be made the means 
 of discoA'ering the son Avhom, though she had not heard from him 
 for so many years, she stiU believed to be alive, and Avho for some 
 reason or other she had taken into her head AA^as somcAA-here in 
 Australia. On the 19th May she Avrites this letter to Mr. Cubitt: — 
 " Lady Tichborne having read in the ' Times ' of the 19th May the 
 address of Mr. Cubitt, Missing Friends' Office, thinks that she might 
 Avrite to Mr. Cubitt to ask him to make some inquiries Avhether 
 Mr. Roger Charles Tichborne, her eldest son, was by chance in his 
 neighborhood. Roger Charles Tichborne is at present 32 years of 
 age " — Lady Tichborne certainly had a very erroneous notion about 
 her son's age, because at that time he Avould have been 36 years of 
 age — " and cannot be found anywhere, all what they could possibly 
 guess is that he embarked at Rio Janeiro on the 20tli April, 1854, 
 but since that he never was heard of; howcAxr, there are some rumours 
 about his haAang been picked up by a vessel going to Australia, 
 possibly to Melbourne. They say that some people have been saved, 
 and that only part of the crcAV has been droAvned, but to what part
 
 ( 433 ) 
 
 of South America did they go they do not know " — This poor lady's 
 notions of geography appear to have been of a very hazy description. 
 She fancies Austraha and Soutli America are one, and afterwards 
 we shall find she confounds New Zealand w ith both — " Still they say 
 that certainly part of the crew of the ' Bella ' has been saved and has 
 been picked up by a vessel going to IMclbourne, and that afterwards 
 they dispersed themselves, and Lady Tichborne has not been able to 
 get any other information. She was reading the ' Times ' this morn- 
 ing, and she saw that there Avas a Missing Friends' Office in Sydney, 
 NeAV Soutli Wales, and she thought that perhaps Mr. Cubitt could 
 take some information respecting her son." Then comes the descrip- 
 tion she gives of her son. " He is of a delicate constitution, rather 
 tall and thin, with very light brown hair and blue eyes." Now, that 
 he w^as tall and thin is perfectly true. He w^as not, indeed, very tall 
 still he might be called tall rather than short. Thin he certainly was : 
 and it may be said, looking at the asthma from Avhich he suffered, 
 that he had a delicate constitution ; but how the mother, who cut off 
 a lock of her oAvn son's hair in 1852, and had it down to 1866, could 
 describe it as " very light brown " hair, unless, indeed, she had, as 
 the learned counsel for the defendant suggested, the memory of her 
 son when a child, and not as^ a man, present to her mind's eye, it is 
 very difficidt to say. " The name of the vessel " — she goes on — " in 
 which he embarked is ' La Bella ' " — it was not ' La Bella ' but 
 ' Bella ;' however, that is a comparatively trifling matter — " He is 
 heir to a very large property, and it is a subject of very great sorrow 
 to his mother that he should have quitted both his father and herself; 
 liis father Sir James Tichborne is unfortunately dead since he" — that 
 is Roger — " went away, and his mother is always trying to get some 
 information wherever she can. If Mr. Cubitt can hear anything 
 respecting her son Roger Charles Tichborne, she would be most 
 grateful to him and to Avhoever could find him out, and though he 
 had no reason whatever to hide his name, hoAvcver he might be under 
 a feigned name in some business house or somcAvhere. The person 
 Avho could give his sorrowful mother some information respecting her 
 son Avoidd be handsomely rewarded." Then she gives her address, 
 and then goes on : " They think that the ship ' La Bella ' has been 
 AArecked, but that part of the crcAv has been saved and taken to 
 jSlelbourne, and that afterwards they dispersed themselves in every 
 part of America, and that is what gives rise to many conjectures. 
 Lady Tichborne Avill feel so most obliged to Mr. Cubitt to take all 
 the informations he can respecting her eldest son Avho AA^ent away in 
 1853 only for the sake of knoAving the Avorld, and aa'Iio most unfortu- 
 nately has never returned home and has never been heard of since 
 the 20th of April, 1854, Avhen he embarked at Rio Janeiro to go to 
 New York in the ship ' La Bella.' I am. Sir, Your obedt. Servant, 
 
 F F
 
 ( -i34 ) 
 
 Hennette F. Tichborne. 12, Wyndham Place, Bryanston Square, 
 London, England. Lady Tichborne thinks that her son may have 
 married and does not like his family to know it, and perhaps has 
 changed his name." The last passage will be important in a future 
 part of the case ; I do not want to advert to it more particularly at 
 present ; but I invite attention to the fact that from the very first the 
 mother thought it possible her son might have married, and that his 
 marriage might have something to do with his remaining in obscurity, 
 inasmuch as he might have married some person whom his family 
 would not recognise, and as to whom he did not desire they should 
 know he had formed such a connection. 
 
 Having received this letter, Mr. Cubitt writes a very short letter 
 on the 22nd of July, merely acknowledging the receipt ; " I am in 
 receipt of your note respecting your son ; the mail, however, aiTived 
 too late to give you any particulars on the present occasion. I shall, 
 however, use all diligence in the search, and hope that my efforts 
 may prove successful." Then he comes to that Avhich is of the most 
 vital importance and interest to a gentleman carrying on an agency 
 office : " It is usual to remit some fee in advance, but your name is 
 quite sufficient to assure me that this hint will be sufficient, so I shall 
 at once commence operations, which I trust may terminate success- 
 fully." After this he leads the poor lady a wild-goose chase by 
 writing: soon afterwards to tell her he has heard of her son, or be- 
 lieves he has heard of him, as a soldier in New Zealand, serving in 
 some regiment there. He says : " I will not shrink from stating 
 that which ought to suggest a reasonable hope that Mr. Roger 
 Charles Tichborne is alive and well." Then he tells her this story 
 of his having heard something about his being in a regiment in New 
 Zealand, but he adds : " The enclosed advertisement, which I inserted 
 in various Australian journals, was the first step I took in the matter; 
 this led to further action, eventuating in what I firmly believe to be 
 his discovery " — That is, that he was in this regiment in New 
 Zealand, servdng as a private soldier. On receiving the intelligence 
 the poor mother becomes terribly distressed, thinking her son will be 
 killed by the natives. It turned out, however, to be an entire delu- 
 sion. 
 
 Now, this is Mr. Cubitt's advertisement : " A handsome reward 
 will be given to any person who can furnish such information as will 
 discover the fate of Roger Charles Tichborne. He sailed fi-om the 
 port of Rio Janeiro on the 20th of April, 1854, in the ship ' La BeUa,' 
 and has never been heard of since, but a report reached England to 
 the effect that a portion of the crew and passengers of a vessel of 
 that name was picked up by a vessel bound to Australia — Mel- 
 bourne it is believed — it is not known whether the said Roger 
 Charles Tichborne was amongst the dro^^^led or saved." Then he
 
 ( 435 ) 
 
 repeats the description given by the mother. " He would at the 
 present time be about thirty-two years of age ; is of a dehcate con- 
 stitution ; rather tall ; Avith very light brown hair, and blue eyes. 
 Mr. Tichborne is the son of Sir James Tichborne, Bart., now de- 
 ceased, and is heir to all his estates. The advertiser is instructed to 
 state that a most liberal reward will be given for any information 
 that may definitely point out his fate. Gentlemen in a position to 
 refer to shipping reports may be able to find some record of the 
 saving of the shipwrecked persons fi-om ' La Bella,' and a very carefid 
 search, if with a successful result, Avill amply repay anyone who will 
 take the trouble to investigate the matter. All replies to be ad- 
 dressed to Mr. Arthur Cubitt, Missing Friends' Office, Bridge 
 Street, Sydney, New South Wales." The date of the second letter 
 to Lady Tichborne is August 4th, and the first letter having been 
 received on the 22nd of July, the advertisement must have been 
 inserted in the colonial papers at some date between the 22nd of 
 July and the 4th of August. As in Lady Tichborne's letter, so also 
 in the advertisement, two important mistakes Avere made, one as to 
 the age and the other as to the colour of the hair, both of Avhicli it 
 may be by-and-by not unimportant to consider. Hoav it Avas that 
 this did not strike Mr. Gibbes when he afterwards came to enter 
 upon the question of the identity of the defendant, having the adver- 
 tisement, as he tells us, before his eyes, I really am at a loss to see. 
 Either the defendant's hair must have been, as has been suo-o-ested, 
 lighter at that time than it is uoaa^, or Mr. Gibbes, in his extreme 
 anxiety to discover Roger Tichborne in the defendant, must have 
 overlooked the very material difference. The advertisement repre- 
 sented the hair as being very light brown, whereas, in point of fact, 
 the hair of Koger Tichborne Avas certainly a dark broAvn. 
 
 For a time Cubitt went on Avriting to Lady Tichborne about this 
 New Zealand discovery, which, however, ended in nothing. On the 
 17th of October, Lady Tichborne Avrites again to him, and inasmuch 
 as a question Avill arise by-and-by as to how far you can rely upon 
 the judgment of Lady Tichborne, Avith reference to the identity of 
 the defendant as her son, it becomes important to observe all that 
 passes in her mind, and the statements she makes in the commu- 
 nication she addresses, first to Mr. Cubitt, and afterwards to Mr. 
 Gibbes, because the head and strength of the defendant's case is the 
 recognition by the mother, and no one can doubt that a mother's 
 recognition of a son is, generally speaking, a thing to which infinite 
 importance, almost overAvhelming importance, Avould be attached. 
 If there is anybody Avho can speak to the identity of a person it is 
 the mother Avho bore him and brought him up, Avatched over him 
 Avith maternal love, and upon Avliose mind, therefore, the recollection 
 of his features and of his personal appearance Avould be deeply, and as 
 
 F F 2
 
 ( 436 ) 
 
 you would tliiuk, indelibly impressed: but every rule has its ex- 
 ception, and althoiigli you would not readily admit an exception to 
 what would seem a universal rule, yet it may be that when you have 
 carefidly considered the state of Lady Tichborne's mind and feelings 
 upon this pai'ticular subject, and observed her conduct up to the last 
 moment of her life, you may be of opinion that this case does form an 
 exception ; but that is a conclusion which ought not to be arrived at 
 hastily, or without careful consideration and regard to all the lady 
 has said and done Avith respect to the subject of her supposed son's 
 identity. Writing to Mr. Cubitt on the 17th October, 1865, she 
 says, " I have received your welcome letter last night, and I hasten 
 to answer it, ... I rejoice at having given you my banker's 
 address, as your letter has been safely delivered to me. I need not 
 tell you what inexpressible joy it will be to me if your informations 
 are true, and I fervently hope they may prove to be so ; I am only 
 sorry you did not name in your letter the reward you may think fit 
 for so inestimable a favor. I have no idea Avhat I could offer him 
 who will devote himself to the finding out of my dear Son, and I 
 wish to be guided by you in that matter. Had you named the sum 
 of money it woidd have shortened time very much as letters are so 
 long coming. However notwithstanding my great wish to be 
 grateful with the person who will give me such valuable information, 
 I am obliged to put you in mind that I have only my jointure, which 
 has been shortened by circumstances too long to be mentioned in this 
 letter, if you succeed the reward will be taken out of the estate and 
 my Son my dear Roger will enter fully into my ideas and Avishes on 
 the subject. If very unfortunately you do not succeed the expenses 
 will and must be paid out of my OAvn money and my OAvn personal 
 resources are not very great, it is an affair I have undertaken all 
 alone and at my own risks having never given up the idea of seeing 
 my beloved son again and I cannot help feeling very anxious at the 
 idea of his being in a regiment where he may be shot at any moment, 
 especially as the war in New Zealand apjjears to be a very murderous 
 one. therefore in every Avay the sooner he is out of it the better it 
 will be. if you could persuade him to Avi-ite to me I would very soon 
 know his OAvn handAvriting" — So one Avoidd have expected — " I have 
 the greatest possible Avish that you may not spare any trouble in 
 every Avay to find out my beloved son and I assure you I Avill not 
 shcAv myself ungrateful, your first and principal object must be to 
 find him and then to persuade him to come to join me in Paris as 
 soon as he can conveniently do it. As for the money necessary for 
 his discharge it Avill soon be found. It is a Axry necessary thing and 
 absolutely indispensable to be very cautious about speaking about 
 that affair and the greatest secrecy must be observed at least in 
 England for many reasons Avhich it is difficult to explain in this
 
 ( ^37 ) 
 
 letter, but none of these reasons will prevent the reward from being 
 very handsome if you succeed, it seems to me that if Roger will 
 consent to give his own name and let a banker know who he is he 
 Avill easily find the money as I am afraid he hides his own name and 
 he is perhaps unwilling to let any one know who he is, it would how- 
 ever be without any ground or reason for it and I could not myself 
 account for it except through the love of adventure, I also think it 
 would be a very desirable and necessary thing to find out and ascer- 
 tain whether he is married or not, he Avas not so Avhen he quitted 
 England but perhaps he may have married since and he may have 
 children." The construction sought to be put on the language of this 
 lady was that she assumed her son's having married to be impossible, 
 Avhereas, on the contrary, the only observation she makes proceeds on 
 the possibility, nay on the probability, that the son is married and has 
 a family. She continues : " All these particulars ought to be ascer- 
 tained. For all that it will be a most important thing you should 
 go over to speak to him yourself and perhaps to accompany him back 
 to Paris Avhere I am at present and bring him back to me as I am so 
 afraid that perhaps some of those people that he has got very likely 
 acquainted Avith in that comitry might keep him back and prevent 
 him from coming to join me either in Paris or in London. AVhen 
 he quitted Paris just before his departure his Father after liaA ing 
 A'ainly tried to make him give up the idea of going aAvay at last told 
 him that at least if God Avas to take him he hoped he would come 
 back immediately to be his Mother's protector, to that my son readily 
 consented, and he said that in that melancholy case he Avould return 
 to his mother, I mention this as a motive to induce him to come back 
 to me. And now that I have, I think, entered into all the par- 
 ticulars necessary, I recommend you once more not to spare either 
 time or trouble to succeed in this truly iutei^esting affair, and to bring 
 it to a happy conclusion, my address Avill be for your next letter at 
 my bankers, as he will ahvays forAvard me my letters Avherever I am, 
 and in hopes to hear soon AA^hat progress you have been able to 
 
 make. 
 
 " I remain very sincerely yours, 
 
 " H. F. TlCHBORNE." 
 
 To continue — The Ncav Zealand story had to be given up at 
 a very early period; and so things remained imtil Mr. Cubitt 
 one day received Avhat I have no doubt Avas to him a A^ery 
 pleasant and Avelcome letter from Mr. Gibbes of Wao:2:a-Wa2;o^a, 
 saying he belicA^ed he had discovered and imearthed the real Roger 
 Tichborne, AA'hereiqion a correspondence ensued betAveen Mr. Gibbes 
 and Mr. Cubitt. Noav the Avay in Avhich this had come about 
 Avas as folloAvs : — Mr. Gibbes, as I have told you, had proposed to 
 the defendant to go through the Insolvent Court, and the defendant
 
 ( 438 ) 
 
 had come to him and asked him what would be the consequences ii 
 he omitted to insert in his schedule property which he had in 
 England. Mr. Gibbes explained that to him, and there the 
 matter rested; but some further conversation took place, and Mr. 
 Gibbes adverted to the statement the defendant had made to him 
 that this property was entailed, and, at his death, would go to a 
 cousin. Mr. Gibbes, thinking of entails, thought it an odd thing 
 that property in England should be entailed upon a man who bore 
 a foreign name, and he made an observation to that effect, upon 
 Avhich the defendant said — " To tell you the truth, my name is not 
 Castro, that is a feigned name I have assumed in this country ; I 
 am a member of an English family, and what is more, it is a dis- 
 tinguished family, a family Avith a title in it." He did not say he 
 Avas the heir to the title, but said he Avas the eldest son. Well, a 
 little while afterwards they were again conversing ; it Avas a lovely 
 day, with a fine breeze blowing ; Mr. Gibbes says, " What a day 
 this is. I Avish I Avere at Sydney again, Avhere I used to amuse 
 myself Avith boating in that noble bay, Avith such a breeze as this 
 bloAving." " Ah !" says the defendant, "that's all very Avell, but if 
 you had been shipAvrecked, as I have been, you Avould have had 
 enough of the sea." So that passed off. But the facts AA^ere 
 striking : property in England ; family Avith a title ; eldest son ; had 
 been shipAvrecked ; and noAv he AA'as a butcher's man. And so jNIr. 
 Gibbes goes home and gets chatting with Mrs. Gibbes, as husband 
 and Avife do, and he says : " Here is a curious thing ; Avhat strange 
 vicissitudes happen in life, and AA^iat strange things, Ave, aa-Iio receiA'e 
 so many persons coming fi-om a distance and from other countries, 
 fall in AAath ! Here is a young man, Avho has been talking to me, and 
 who tells me that he is the eldest son of a family in Avhich there is 
 a title; he has got an estate in England, although I do not under- 
 stand it is a Aery large one ; he has been shipAvrecked ; here he is 
 in this colony noAv, not in the position of a man AA'ho is the eldest 
 son of a family in Avhich there is a title AAath an estate attached to it, 
 but he is Higgins' man, serving in the butcher's shop." — " Dear 
 me," says Mrs. Gibbes, " what a very curious thing. Lord bless me, 
 that must be the man they are advertising for." '' Advertising for, 
 my dear ? Avhat do you mean ? " — " Did not you see the advertise- 
 ment the other day in the Melbourne 'Argus,' or the Sydney paper?" 
 — " No, I did not." " That's the man, you may depend upon it." 
 AAvay goes Mr. Gibbes; he does not stop to finish his glass of 
 Avine, but goes to the Institute and looks up the advertisement. He 
 Avaits a little Avhile, and Avhen he sees the defendant ag-ain, he a^ain 
 says something with reference to the Aveather, and speaks about the 
 climate of Australia. " Yes," says the defendant, " but I prefer the 
 climate of South America." " You have been in South America,
 
 ( 439 ) 
 
 have you?" — " Yes, I have." — Then thhiks ]\[r. Giblics, "You 
 must be the man, no mistake about it, because it was in going from 
 South America on board the 'Bella' that Tichborne was thought to 
 have got droAA^ned." If, reasoned Gibbes, I put these various things 
 together they lead irresistibly to the conclusion that he must be 
 Roser Tichborne. So he determined to sound him further. He 
 says, " You spoke about South America, and said you have been in 
 South America, do you prefer the climate of South America ?" Says 
 the defendant, " Don't you ask any questions ; you are fishing." So 
 Gibbes dropped it for the moment, but he quite made up his mind 
 he would have it out whether this was the man for Avhom they 
 were advertising. He sees the defendant one day in the street 
 smoking his pipe, and he goes up to him and says, " Shall I call 
 out your real name ? for neither the Christian name nor the surname 
 you are going by are your OAvn." " Hold your tongue, for God's 
 sake," says the defendant. " I knoAv aa^Iio you are," says Gibbes, 
 " it's no use disguising it : I know Avho you are, and I knoAv your 
 name." " Is that it?" says the defendant, holding up the pipe upon 
 Avhich Avere the letters R. C. T. cut out upon it, a black pipe, which 
 had evidently been used for some little period — " are those the 
 initials?" — "Yes." After that, says Mr. Gibbes, "he became 
 much less reserved. I met him a few days afterAvards ; Ave walked 
 down together toAvards the post office, and then I put the thing to 
 him, and he admitted that Tichborne Avas his name. He told me 
 there Avere tAvo Avays of spelling it, some spelt it Avith an ' o,' and some 
 Avith a ' u,' but with an ' o ' Avas the right way of spelling it. Then 
 he became less reserved about his property, told me he AA^as the heir 
 to large estates, mentioned Tichborne Park, and gave me to under- 
 stand, that the property was not, as I had conceived the notion, a 
 small property which might be \'ery well made available for the 
 purpose of settling Avith the creditors and relieving him from his 
 difficulties, but property of considerable extent, including, among 
 others, the estate of Tichborne ; not, howcA^er, at that time com- 
 municating to me the fact that there was property elsewhere." 
 
 Thereupon Mr. Gibbes sits down and AA^ites, as folloAvs, to 
 Mr. Cubitt, Avith Avhom he had had an acquaintance Avhen they Avere 
 both in business at Sydney: — " Wagga-Wagga, 9th October, 1865. 
 Mr. Arthur Cubitt, Bridge Street, Sydney. My dear Sir, I am 
 glad on my return to New South Wales, after a ten years' absence, 
 to hear you are in the land of the living, and thriving. I have just 
 fixed my abode in Wagga-Wagga, and trust I shan't regret my 
 choice, as I have CA^er done my leaving Sydney. I see you are a 
 sort of general agent for all persons aa^io are in search of missing 
 friends in Australia. Please let me knoAv if you are in possession of 
 any further facts respecting P. C. Tichborne than those mentioned
 
 ( 440 ) 
 
 in the advertisement ; first, as to the peculiarity of his delicacy of 
 health " — I daresay that struck INIr. Gibbes forcibly, because he 
 probably did not discover in the defendant any of that delicacy of 
 constitution to Avhich Lady Tichborne had referred — "secondly, as 
 to the cause of his leaving home (England); thirdly, as to the 
 nature of his education." I daresay it also struck ]\Ir. Gibbes as a 
 remarkable flict, that the heir to this title, and to these estates, who 
 ought to have received the very best education which money could 
 procure, or educational institutions could afford, should speak the 
 Queen's English in a manner that did not indicate any high degree 
 of educational refinement. "I ' spotted ' him " — he continues — "I 
 think, some time ago, and could find him, I think, and if I could 
 Avould urge him to disclose himself. He was hugely disgusted when 
 he found I had detected him, and his real name has never passed 
 between us. Of course, though, if his residence be disclosed, it 
 must be his own act, as I, I need hardly tell you, seek no reward. 
 So you see, as his real name has never been spoken between us, I 
 should like the further particulars, to enable me to be certain — 
 that is, quite certain — for I have scarce afiy doubt." 
 
 Now this letter must have been written before the defendant had 
 admitted that Tichborne was the name, because he says, " his real 
 name has not passed between us ;" and that is to a certain extent 
 important, because it makes the date which Mr. Gibbes gives us 
 as the date Avhen these conversations occurred, later than what 
 Mr, Gibbes has represented. Mr. Gibbes stated that the earlier 
 conversations had taken place soon after the 7th of September, 
 which was the date he fixed as having seen the advertisement, and 
 he gave us to understand that, at the time he wrote that letter, all 
 these conversations on the subject of the name, title, and estates had 
 passed between them. I cannot think that can be so ; I think the 
 whole must be referred to a later period, '\\'hich indeed is what the 
 defendant has himself said about the matter. 
 
 ONE HUNDRED AND SEVENTY-FIFTH DAY. 
 
 Monday, February 9, 1874. 
 
 The Lord Chief Justice: — When we broke up on Friday, Ave 
 had reached the point at which, the defendant having been brought 
 into contact with Mr. Gibbes, Mr. Gibbes had become so satisfied of 
 the fact of his being Roger Tichborne, Avho Avas sought after by the 
 advertisement, that he had Avi'itten the letter of the 9th of October 
 to Mr. Cubitt, AA'hich I then read to you. After that date the
 
 ( 441 ) 
 
 defendant became more mireserved Avith jNIr. Gibbes, and made a 
 variety of statements to that gentleman connected with his famil}-, 
 his history, and his property. I think it Avoiild be more convenient, 
 before I proceed further with the correspondence, at once to draw your 
 attention to those statements. AVhatever the defendant said at this 
 time must obviously be of the utmost importance to the result of this 
 inquiry. At that time, you see, he "was throwm upon his own re- 
 sources ; at a later period he is surrounded by persons who could, and, 
 possibly, did assist him. I do not say they did ; that Avill be matter 
 for consideration hereafter ; I am merely pointing out that when he 
 came to England he was surrounded by several who could assist him. 
 There was Bogle, and there was the Dowager Lady Ticlibonie, who 
 was impressed by the belief that his memory had become impaired by 
 the various vicissitudes and adventures he had gone through, and Avho 
 was therefore, no doubt, ready to assist him. Then he had the advan- 
 tage of Mr. Baigent's support, than Avhom no man li\ing knew more 
 about the Tichborne family ; he had the advantage of jNIr. Rous for 
 an ally, than Avhom no one knew more about the Tichborne property 
 and settlements ; and he had McCann and Carter, who could tell him 
 all about the life of lloffer durinsr the time he was in the reijiment. 
 But at the time we are now speaking of, Avhen he Avas in Australia, 
 he had very few sources, if any at all, of extraneous information : 
 therefore, any knowledge which he then displayed of things connected 
 Avith Roger, or any ignorance he manifested of things Roger should 
 have knoAAm, is far more important than Avhat he may haA^e said or 
 done at an after period, AAdien his mind could haA^e been informed upon 
 the matters Roger had been connected with, and the things he had 
 done, or his memory may have been refreshed on things he had for- 
 gotten. 
 
 These conversations of the defendant Avitli Mr. Gibbes, and tlie 
 statements made to that gentleman, deserve to be carefully attended 
 to. When you Avant to knoAV about a man's history, it is natural to 
 ask him AA'here he AA-as born, where he Avas brought up, how and AA'here 
 he Avas educated, and Avhat has happened to him since. Among the 
 first things Mr. Gibbes Avould have questioned him about Avould be his 
 birth. jSIr. Gibbes had taken him up, and at this time AA^as taking a 
 Avarm interest in him. He believed that he had found the right man ; 
 and if he proved to have done so, no small amount of credit would 
 attach to the sagacity of the Wagga-Wagga attorney, who had dis- 
 covered the lost man AA-hom no one else could find. Perhaps there 
 might also glimmer in the distance before the eyes of Mr. Gibbes the 
 possibility of a handsome rcAvard. Mr. Gibbes took considerable 
 interest in him, and naturally asked Avhere he Avas born. Noav Ave 
 all knoAv AAdiere Roger was born ; he Avas born in Paris. But the 
 defendant's ansAver Avas, " I Avas born in Dorsetshire ;" and he accounted
 
 ( 442 ) 
 
 for tliat fact by stating that liis father had a seat called "Hermitage" 
 in Dorsetshire. Now, first as to his birth — of course no man knoAVs 
 by personal recollection where he was born ; memory does not develop 
 itself until long after that period ; but there is hardly a man, I sup- 
 pose but, from what he has heard from childhood, knows the place of 
 his birth. It is therefore a startling fact that at the commencement 
 of these statements, the defendant, as Roger Tichborne, Avho was born 
 in Paris, and had been brought up in Paris until between sixteen and 
 seventeen years of age, begins by telling Mr. Gibbes that he Avas born 
 in Dorsetshire, where his father had a place called Hermitage ; adding 
 that his mother, immediately after her confinement, went over to 
 Cherboiu'g, and that he remained in France only till he was between 
 eleven and twelve years of age, all of which is, we know perfectly well, 
 wholly inconsistent with the facts. Then, with regard to the other 
 members of the family, he tells Mr. Gibbes— but at what period we are 
 not precisely informed, and I think there is a good deal of doubt about 
 that ; Mr. Gibbes says he thinks it was early in the conversations, but 
 the internal evidence would rather lead me to think otherwise, and I 
 will tell you presently why — he tells Mr. Gibbes that he had two 
 sisters born in France and who died there — which was perfectly true. 
 Now we know that he had a brother Alfred. But according; to Mr. 
 Gibbes, no mention was made of Alfred until a later period ; and then 
 Mr. Gibbes states that the defendant said that Alfred was born in 
 England ; whereas we know perfectly well that Alfred was born in 
 Paris. AYlien I say I think it must have been later in the course 
 of their conversations that he spoke of Alfred, I say so because I 
 remember that on his first communication with Mr. Gibbes about 
 his going through the Insolvency Court, and as to what he would 
 have to state with reference to property he possessed in England, he 
 told Mr. Gibbes that the property was tied up, and that in the event 
 of his death it would go to a cousin. Now we know that in the 
 Tichborne entail the property went to the brother Alfred and his 
 issue male before it went to James Dormer; and therefore, if Mr. 
 Gibbes is right in stating that he said that in the event of his death 
 it would go to a cousin, he must have been unaware that there 
 was a brother Alfred who Avould come between Roger and the 
 cousin Avho afterwards Avould succeed to the estate. Mr. Gibbes says 
 he mentioned that the estate Avould go to a cousin if he died. Then 
 I ask, " Did he say if he died ? — If he died. Did he then make 
 no mention to you of a brother Alfred, to Avhom it Avould go before it 
 went to the cousin ? — No ; he made no mention AA'hatever of a brother 
 Alfired." At a later period the Avitness said the defendant spoke of a 
 second brother. He is asked : " Did you ever hear of a brother 
 Alfred until the DoAvager's letter came stating Alfred's death?" — 
 which AA^as not until INIay. — " I cannot say : I remember one thing — 
 he told me that her tAvo sons Avere born in Eno-land, and her tAvo
 
 ( 443 ) 
 
 daughtei's hi France, but whether that was after the receipt of his 
 mother's letters or not I cannot from memory state. Q. But are you 
 sure of this — be careful as to this, and tax your memory as well as 
 you can ; are you sure when he was speaking of the estate going to a 
 cousin, that he told you the estate would go to a cousin if he died, 
 making at that time no mention of his brother Alfred as succeedino- 
 to the estate on his death ? — Most emphatically and perfectly so." 
 Purther on the watness says the statement about the two daughters 
 was made at Wagga-Wagga. Now, if the defendant had no external 
 source of information, the fact that he knew he had two sisters who 
 were born in Fi'ance would be a very strong fact in his favour. We 
 shall see presently whether there was any source from Avhich the 
 knowledge of that fact might have been derived. On the other hand, 
 if he w^as ignorant that Roger had a brother, that would be as strong 
 against him. 
 
 According to Mr. Gibbes, when speaking of his birth, he made 
 another statement, which, if Mr. Gibbes is right as to when it was 
 made, would tell very powerfully in favour of the defendant. Mr. 
 Gibbes says, " He told me he was born on the 5th January, 1829," 
 w'hich is undoubtedly coiTcct, and w^hich is a thing he could not have 
 learned out there ; because neither the advertisement nor the state- 
 ment in the ' Illustrated London News' would have told him that; 
 nor is it probable that Slate, the Hampshire man, with whom, no 
 doubt, he had many conversations about Hampshire and Tichborne, 
 could have told him, as it Avould be very unlikely he should know the 
 precise date of Roger's birth. The question is, whether Mr. Gibbes, 
 "who I have not the slightest doubt intends to tell us the truth, is not 
 a man of somewhat flighty mind and memory, and may have been 
 mistaken as to the precise time this took place. If it w^as after the 
 defendant got to Sydney, vre know he had there a baronetage to look 
 at, and he may have got the infoi'mation from that source. There is 
 another observation connected with that which must not be passed 
 over. It is a curious thing, that if he told Mr. Gibbes the exact date 
 of his birth, he should not have known his own age ; AA'hereas we know 
 that when his marriage took place, which Avas only a few months 
 before the time I am speaking of, he said, unless he said it falsely, 
 that he was 30, whereas Roger would have been 36. Another thing 
 which Mr. Gibbes put to him was this. " You say you were in 
 France until you were between 11 and 12, do you speak French?" — 
 " No," says the defendant ; " I cannot speak French, but I can speak 
 Spanish." On which Mr. Gibbes tried him in Spanish, and, accord- 
 ing to his statement the defendant spoke Spanish — I use Mr. Gibbes' 
 own words — " volubly, Avith considerable rapidity and facility." Mr. 
 Gibbes AA-as himself a Spanish scholar, had learnt Spanish, and kncAv 
 hoAv to speak it, and kncAV the difference between pure Spanish and
 
 ( 44-t ) 
 
 the sort of Spanish Avhich they speak in Sonth America, and he ob- 
 served, naturally enough, that the Spanish the defendant spoke was a 
 Spanish that had been learned in that part of the world. Here I 
 must observe that it certainly strikes one as remarkable — that the 
 Spanish, having been imperfectly acquired, should be remembered, 
 while the French, which he had spoken with fluency, was forgotten ; 
 that the French having been perfect, as far as conversation was con- 
 cerned, and the Spanish necessarily imperfect, as acquired only while 
 travelling about the country — the French should be wholly forgotten 
 and the Spanish retained : I do not say it is impossible, but it is one 
 of the striking things in the case. 
 
 Connected Avith this subject is the question of education. ]\Ir. 
 Gibbes asks, "Where were you educated? — at any public school?" — 
 "No, I could not be educated; I had a nervous affection, which 
 prevented my being projierly educated. All that could be done Avith 
 me w^as that I was committed to the charge of a Jesuit ; " or, as was 
 said later — " a Christian Brother — Avho used to take me about and 
 teach me at intervals, AA^hen it Avas possible to do so." That naturally 
 led to the inquiry, " What Avas the matter Avith you?" Thereupon 
 he explains that he had had a nervous affection. Mr. Gibbes hears 
 the symptoms described, and says, " Bless me ! that is St. Vitus's 
 dance?" — "Yes," says the defendant, "that is Avhat they called it." 
 Accordingly, Mr. Gibbes Avhen communicating Avitli INIr. Cubitt, in 
 describing the A'arious particulars connected Avith the defendant Avhich 
 he thought essential to his identification, and in Avriting to Lady 
 Tichborne afterwards, dAvells on this matter of the St. Vitus's dance. 
 Now, that there may be no mistake about this, because this is one of 
 the most important questions in the Avhole case, let me read to you 
 Avhat Mr. Gibbes said on that. Mr. HaAA'kins, in examining him, 
 cites a passage from Mr. Gibbes' letter to Mr. Ciibitt : — " I see there 
 is, ' subject formerly, and still partially, to the nerA'ous tAvitching 
 termed St. Vitus's dance.' — Yes. Q. What had that reference to? — 
 To his having informed me at first that he could not be educated on 
 account of having a nervous affection. I asked him Avhether it was 
 St. Vitus's dance that he meant, and he said ' yes,' that Avas it." On 
 this point he is cross-examined. " You say that he spoke to you 
 about a nervous complaint that he had ; did he say hoAv long he had 
 had it? — He said he had had it quite in early youth, and that they 
 could not educate him on that account. Q. Did he not describe to 
 you the sort of symptoms and sufferings that he had from it before 
 you suggested any name at all? — Not very particularly, he spoke 
 about tAvitching; not as minutely as a medical man. Q. Did he tell 
 you it annoyed him and preA'ented him reading, and things of that 
 kind ? — It prevented his learning : at this time, you Avill remember, 
 I did not pay the same attention I might have otherwise done had I
 
 ( 445 ) 
 
 known it wovild have come to anytliing. Q. Did you not say, 
 
 ' Why that must be St. Vitus's dance?' — I did not say ' That must 
 
 be St. Vitus's dance;' I said 'That is St. Vitus's dance,' or 'Is it 
 
 St. Vitus's dance,' I think; at any rate, I suggested St. Vitus's 
 
 dance, and he said that it Avas St. Vitus's dance, and gave that as a 
 
 reason for liis not beino; able to l)e educated. The Lord Chief 
 
 Justice : You suo-o-ested it mio-ht be St. Vitus's dance. What 
 
 answer did he make to it? — lie answered it aflirmatively, that that 
 
 was what they called it, ipsissima verha.^'' Then Dr. Kenealy adds : 
 
 *• Did he say that any attempt to teach him regularly brought it on 
 
 to such an extent that he was obliged to give it up ? — lie did." 
 
 Now, the importance of this arises from this unquestioned fact, that 
 
 Roger Tichborne never had St. Vitus's dance, or any similar nervous 
 
 affection of any sort or kind. It has never been suggested, from the 
 
 beginning of this case to the end, that he had, and as soon as the 
 
 mother was told that the claimant had said he had had St. Vitus's 
 
 dance, she immediately repudiated it, and said her son had had 
 
 nothing of the kind. Now, what says the defendant ? lie gives a 
 
 positive contradiction to the fact of his having stated to Mr. Gibbes 
 
 anything of the sort. Upon cross-examination, he is asked : " Did 
 
 you not tell your own attorney, Mr. Gibbes, that you had been 
 
 afflicted with St. Vitus's dance from your childhood?— Certainly not. 
 
 Q. That you swear ?" Then he shrinks a little and says : " I swear, 
 
 to the best of my belief, I did not. Q. Never mind about 'from 
 
 your childhood ;' did you tell him that you had been afHicted with 
 
 St. Vitus's dance ? — No, I do not think I did. Q. Will you swear 
 
 you did not? — I swear I do not think I did. Q. Will you swear 
 
 you did not? — I swear I do not remember doing so. Q. You will 
 
 swear you do not remember doing so : was Gibbes called by your 
 
 counsel and attorney at Wagga-AVagga ? You have read the 
 
 Australian evidence; you have read his depositions, have you not? — 
 
 No, I have not. Q. Do you mean to say you have not looked at 
 
 your own attorney's depositions ? — I Avill swear solemnly on my oath 
 
 that I have not. Q. Have you not looked at your own attorney's 
 
 deposition in Australia ? — I have not read it. Q. You have not ? — 
 
 Not one particle. Q. Have you had it read to you ? — Not a word. 
 
 Q. Not a Avord ? — Not a Avord. The Lokd Chief Justice : Or a 
 
 copy of it? — I did look at one or two of them, but not at Glbbes's. 
 
 The Solicitoti-General : You did not see what Gibbes had sworn 
 
 on your behalf at Austi-alia? — No; I did not." Then Mr. Serjt. 
 
 Ballantine interposes and says : " Do not say on his behalf The 
 
 Solicitor-General : I do say on his behalf — called by you. Do 
 
 you mean to swear that you did not tell Mr. Gibbes that you had 
 
 been afflicted Avith St. Vitus's dance from your childhood ? — I do not 
 
 believe I did. Q. Will you SAvear you did not? -I might do so.
 
 ( 41G ) 
 
 Q. You might do so?— I might say I swear. Q. Was it true, you 
 might do so ? — I might do so ; I might swear positively. Q. Will you ? 
 — I do not see why I should object to it. Q. Will you ? Avill you swear 
 that you did not tell Gibbes, your own attorney, that you had been 
 afflicted with St. Vitus's dance from your childhood ? — I will swear 
 that I do not remember telling him so. Q. Will you swear you did 
 not ? — Yes, I Avill swear it. Q. You will swear you did not ? — I Avill 
 swear I did not. Q. If he has said that, is it untrue ? — It is untrue. 
 
 Q. It is a falsehood ? — It is a falsehood. Q. An absolute falsehood ? 
 — An absolute falsehood. Q. Without any foundation ? — Without 
 any foundation. Q. Did he ever talk to you, after he received this 
 letter from your mother, in which she said that you never had, that 
 Iloo;er Charles Tichborne never had St. Vitus's dance ? did he ask 
 you to explain how you came to tell him that ? — I think you will find 
 he received that letter after my dej)arture." — That was true. — " That 
 may be so ; can you account for his writing to Lady Tichborne, as 
 it appears he did, to say you had told him that you had St. Vitus's 
 dance ? — No ; I cannot account for it." He is reminded then of the 
 very flattering terms in which he had written concerning Mr. Gibbes 
 to his mother, and then he is asked : " Can you account hoAv 
 Mr. Gibbes came to tell Lady Tichborne that you had had St. Vitus's 
 dance, if you had not ? — No, I cannot. Q. Now, upon your solemn 
 oath, did you not tell him you had? — Upon my solemn oath I did 
 not. Q Nor anything of the sort? — Nor anything of the sort, to 
 my recollection. Q. To your recollection ? — Yes. Q. Will you 
 swear you did not? — I will swear I did not." Now, gentlemen, 
 either Mr. Gibbes or the defendant must in this respect have sworn 
 to that which is false. A man does not fancy, you know, that another 
 has told him he had had St. Vitus's dance unless something to that 
 effect has passed. You must judge between these two witnesses. It 
 is entirely for you to say whether you believe the defendant upon his 
 oath that he never did tell that to Mr. Gibbes, or whether you believe 
 Mr. Gibbes' statement. All I can say vipon the matter is, as I said 
 before, if he did tell Mr. Gibbes that he had had St. Vitus's dance, 
 or a nervous affection called St. Vitus's dance, he can hardly be 
 supposed to have made that statement Avithout it being a fact that 
 lie had had that particular malady. In that case, it has a twofold 
 bearing. In the first place it is a question of credit. If he has 
 sworn falsely in denying the having made that statement, it naturally 
 must shake your confidence in many other statements in which we 
 shall find him confronted with other witnesses, where he and they are 
 in conflict, and either he or they must have stated that which is false ; 
 but it goes a great deal further, and to the very root of the case, 
 seeing that Roger Tichborne had never had this affection, or anything 
 of the kind. Now, there is, in addition to the positive statement of
 
 ( 447 ) 
 
 Mr. Gibbes, the fact that shortly after this alleged conversation 
 Mr. Gibbes wrote to Mr. Cubitt and to the Dowager Lady Tichborne, 
 referring to this fact as a means of identifying Roger; not as in- 
 tending to prejndice him, for at this time Mr. Gibbes was all in 
 his favour, and desirous of doing all that he could for him, and 
 anxious to establish his identity, so that in writing to Lady 
 Tichborne he did not refer to this statement as making at all 
 against the defendant, but as a means of recalling his identity to the 
 mother's recollection. And the fact of Mr. Gibbes having thus 
 w^ritten immediately after his conversation with the defendant is 
 strong to show that at that time Mr. Gibbes had present to his mind 
 the fact of the defendant having made such a statement. But it does 
 not rest there ; there is on the side of Mr. Gibbes the evidence of 
 another witness who was called before us on this trial — a gentleman 
 in a highly respectable position, who can have no interest whatever in 
 this case — I mean Mr. Hodson, who, you recollect, came part of the 
 way home in the same vessel with the defendant. Mr. Hodson, 
 finding there was on board the vessel a gentleman going home as Sir 
 Roger Tichborne, gets into conversation Avith him, and is struck with 
 the fact — just as Mr. Gibbes had been — that a man who had been 
 brought up as the heir of the Tichborne family, and had once occu- 
 pied the position of a gentleman, should speak English in the un- 
 educated form and style in which the defendant spoke it, and he 
 could not help saying to him — I dare say he did it with all possible 
 delicacy — " It strikes me as odd : you say you are Roger Tichborne, 
 but you do not speak English as I should have expected an educated 
 gentleman to do." On which the defendant makes him the same 
 answer he had made to Mr. Gibbes — " I could not be educated, 
 because I had St. Vitus's dance." Having gone with the claimant 
 in the ' Rachaia ' as far as Panama, Mr. Hodson is asked — " You 
 had plenty of opportunities of speaking to him and observing him and 
 his manners, and so on ; did you on any occasion speak to him about 
 his early education? — I did. Q. AVould you tell us what the con- 
 versation was, giving us it in detail, as it passed between you, as near 
 as you can recollect ? — I remember putting the question, how it was 
 that he, who was born to rank and property, had received so little 
 education. The Lord Chief Justice: There is a preliminary 
 question which I should like to ask — what did you observe about him 
 that led to that question ? How did you ascertain that he had 
 received so little education? — By frequent conversations with him. 
 Q. I mean in what respect did you observe the deficiency? — His 
 conversations were not the conversations of an educated man. That 
 you had observed? — Frequently; always. His reply was that he had 
 had St. Vitus's dance until he was fifteen years of age, and could not 
 learn his letters ? Q. His letters ?— I understood the letters of the
 
 ( 448 ) 
 
 alpliabet." The defendant had been asked as to that. " You came 
 home m the 'Rachaia?' — I came liomc in the ' Kachaia.' Did you 
 meet on board the ' liachaia ' two people, one called Hodson and 
 the other Jones? — Yes, both of them. Q. Upon your solemn oath 
 did not you say to both those people that you left England with St. 
 Vitus's dance ?^— Certainly not. Q. Tliat you swear? — That I swear. 
 Q. If they have said that it is a pure invention, too ? — I believe so. 
 Have you ever said so ? — No. Q. To any one ? — Not to any one to 
 my knowledge. Q. To your knowledge ; have you any doubt ? — I 
 have no doubt whatever. Q. AVhat do you mean by ' to your 
 knowledge ? ' Would it be an absolute falsehood if you ever had 
 said it ? — I do not exactly understand that. Q. If you ever said to 
 any one that you had St. Vitus's dance, would it be true or untrue ? 
 — It would be untrue." Thus, we have Mr. Gibbes supported, not 
 only by his own letters, written immediately afterwards, but also by 
 the evidence of Mr. Ilodson, who represents the same thing as having 
 been said to him. 
 
 There are one or two other statements made by the defendant to 
 Mr. Gibbes, which are not unworthy of observation. He told him 
 he Avas a gambler ; he talked to him about gambling. Now, as far 
 as we know, with the single alleged exception of the Brighton card 
 case, on which I shall have some observations to make by-and-by, 
 there is nothing, according to the evidence of the family and friends, 
 to lead us to suppose that Roger Tichborne ever was a gambler. 
 Mr. Gibbes is asked : " Did he speak to you during the early part of 
 the year about gambling ? — Yes, he said he had been addicted to 
 gambling ; it had been a weakness of his. I do not know that he 
 used the word ' Aveakness,' but he spoke of having gambled. The 
 Lord Chief Justice : But, you see, it is one thing to be addicted 
 to gambling, and another thing to have gambled. A man may have 
 gambled once, tAvice, or thrice, repented of his folly, and desisted 
 from it for the future ; or he may have been an habitual gambler. 
 You use a form of expression which may mean either of these ? The 
 witness ansAvers : — ' Weakness ' may convey more the actual mean- 
 ing, because he thought of going Avith me to England." Here we 
 have some of the rambling evidence of Mr. Gibbes : '* I am a most 
 determined enemy of gambling, and he Avanted me to come to 
 England Avith him." Then I said : " Never mind that, give us Avhat 
 passed? — I did not expect to be asked; that is years ago he told me 
 he had gambled. Q. But surely you can tell us whether you under- 
 stood he had been engaged in gambling transactions once, tAvice, or 
 thrice, or AA^as addicted to gambling, an habitual gambler; which do 
 you mean to convey ? — That he was inclined to be an habitual 
 gambler. Q. Did he tell you Avhen and Avhere he gambled ? — It Avas 
 not until long afterwards he spoke of Avhen and Avhere. It Avas con-
 
 ( 449 ) 
 
 nected with a card case at Brigliton ; that was down at Sj^dnej." 
 Now, as I say, there is no trace of lioger having been in the habit of 
 gambling ; he never did it in the regiment ; his family never knew of 
 anything of the kind ; and if this conversation passed, it would hardly 
 be in keeping with the character of Roger ; with this qualification, 
 however, that it may be that not having gambled in England, Roger, 
 if the defendant be Roger, acquired the habit of gambling in 
 Australia, and may have spoken of that sad passion as engrafted in 
 him through his Australian life. 
 
 He made another sinirular statement. He told Mr. Gibbes that 
 his family had been in the habit of giving 3.9. in the pound, that is 
 15 per cent, of their income, to the Roman Catholic Church. There 
 is no evidence to lead us to believe that they did anything of the 
 kind ; on the contrary, Mr. Gosford, who Avas the steward for so 
 many years, never heard or dreamt of such a thing. Whether the 
 defendant had got the Tichborne dole in his head, and did not 
 know what the Tichborne dole meant, the giving of which is an old- 
 established practice of the Tichborne family, which has existed for 
 centuries, and of Avhich there is a celebrated picture at Tichborne 
 House, and he engrafted upon that the idea of a per-centage paid 
 upon the yearly income of the estates to the Catholic Church, I do 
 not know. If he did make that statement to Gibbes, it is clear he 
 was Avrong about it. Then, talking about the family, he told Mr. 
 Gibbes that there were two branches of it, one which spelt the name 
 with a " u," and the other without it, and that those who spelt it 
 without the " u " spelt it right. Curiously enough, no question was 
 asked of any member of the Tichborne family by either side as to 
 this matter of a branch of the family Avho spell their name with a 
 " u." I cannot imagine, as far as that goes, that he can have been 
 right in this respect, although we shall see presently from what 
 source he may possibly have got the information that there was a 
 time when they spelt their name Avith a " u," although they have long- 
 abandoned it. 
 
 With regard to his property, his statements are certainly remark- 
 able. In the first place, he spoke to Mr. Gibbes about the property 
 in terms which led to the belief that it Avas a small, insignificant pro- 
 perty. He said that at his death it Avould go to a cousin, than 
 Avhich nothing could be more erroneous, because his brother's estate 
 for life, with remainder to his children in tail, intervened before the 
 cousin ; in this therefore there Avas a very serious mistake. AfterAvards, 
 AAdien he got a little more unreserved in his statements, he told Mr. 
 Gibbes that the estate comprised Tichborne ; and he Avent further 
 than that, he told him there Avas property Avhich had come from a 
 relative, and he mentioned in connection with that property the name 
 of Doughty. He did not say that the property had come from or 
 
 G G
 
 ( 450 ) 
 
 through a Doughty, but in talking of the property which he had in 
 addition to Tichbome, he certainly did speak of the name of Doughty. 
 Of course, so far he was right ; the estate which Roger would have, 
 in addition to the Tichborne estate, and which, if the defendant was 
 Roger, was his at the very time, was property which had come 
 through a relative. It is a curious fact, however, that while he 
 mentioned the name of Doughty in connection with the property 
 that had thus been acquired, he never appears to have said a word to 
 Mr. Gibbes as to his Doughty relations. He never mentioned his 
 uncle. Sir Edward Doughty, or his aunt, Lady Doughty, and the 
 name never appears to have transpired except in this way, that he did 
 mention the name of Doughty in connection with the property that 
 had come to the family through a relative. 
 
 What, then, is the result? If Ave take both sides of the account, 
 while he is right in some things, there is a very serious per contra 
 on the other side where he is \ATong. He tells Mr. Gibbes that he 
 was born in Dorsetshire, at his father's seat called Hermitage; 
 speaking of that seat as one which had belonged to his father, and 
 at which his father had resided. It is impossible to show grosser 
 ignorance. Not only had Sir James Tichborne no seat in Dorset- 
 shire, and still less a seat called Hermitage, but Sir James Tichborne 
 never had a residence in this country during the Avhole period of 
 Roger's stay in it. Mr. James Tichborne, as you know, was a 
 third son ; he had no landed property, and had no seat, and no re- 
 sidence in England. He lived in Paris from the time of his marriage 
 until the day when Roger set foot on board the ' Pauline' on his way 
 to South America. Besides that, he told Mr. Gibbes he had 
 property in the Isle of Wight. Mr. Gibbes says : " I do not 
 exactly remember what property, but I remember his speaking about 
 a crescent or terrace, or row of houses at Ryde, or Cowes, or some- 
 where in the Isle of Wight." Now we know very well that the 
 Tichbornes had no property, at least in modern times — I do not 
 know whether they had formerly — either at Cowes, or Ryde, or 
 anywhere else in the Isle of Wight. That, therefore, was clearly 
 Avrone:. 
 
 So much for his positive statements. Now let us look at Avhat is 
 omitted. He makes no mention of the three years passed at Stony- 
 hurst ; he makes no mention of his life in the army ; we shall see by- 
 and-by that he positively denies both ; but I am merely going by 
 degrees, passing in review the different conversations and events as 
 they occurred, up to this time. In these conversations with 
 Mr. Gibbes, there is no mention of the life at Stonyhurst or his life 
 in the army. Certainly very striking omissions, because they form 
 the two most important epochs in Roger's life. It is plain that we 
 have here the most extraordinary medley of ignorance and knowledge.
 
 ( 451 ) 
 
 and while, if the defendant is Roger, it seems impossible to account for 
 the ignorance thus displayed, on the other hand, unless he had some 
 source of information open to him, it is equally difficult to account for 
 the knowledge which he did, in fact, manifest. Let us see whether at 
 that time there were any sources of information open to him. As 
 early as 1863 we know that Lady Tichborne advertised in the 
 ' Times' newspaper in three languages, English, French, and Spanish, 
 and in one of those advertisements, the Spanish, there was a little 
 more communicated than in the other two; but even there the in- 
 formation was very far short of the knowledge which the defendant 
 exhibited. All that those advertisements disclosed was the dis- 
 appearance of Roger, the fact of his having gone on board the 
 ' Bella,' the date of her sailing, the name of the port from which she 
 sailed, and her destination. That could have told him nothing about 
 the Tichborne property or the name of Doughty, or the fact of there 
 being a second son and two daughters. Nothing, of course, of that 
 sort could have been gathered from those advertisements ; his infor- 
 mation is very much more extensive than was contained in them. 
 Were there any other sources open to him ? It appears that at this 
 time there was in the emj^lojonent of Mr. Higgins, the defendant's 
 master, a man of the name of Slate, a Hampshire man, whom he 
 speaks of as "a very great friend," and whom Mr. Petit Smith, who 
 knew him, describes as a man who, although in humble circumstances, 
 being at that time in servile employment, was a man of superior 
 education. We know that in the ups and downs of this life men are 
 often found, especially in a colony to which so many persons are 
 driven by one circumstance or another to find refuge from this 
 country, men who have seen better days, who have been decently 
 educated, perhaps well educated, but who are reduced to a lowly 
 condition ; and such appears, according to Mr. Petit Smith, to have 
 been the case with this Slate, whom the defendant mentions as a 
 very great friend of his, and as a Hampshire man. Well, as a 
 Hampshire man. Slate may have had, especially if a man once 
 moving in a better sphere of life, some knowledge of the Hampshire 
 families, and he may have known something about the Tichborne 
 family. He may have heard in the gossip that takes place in the 
 parlour of an inn of an evening, or in the intercourse between people 
 in the coimtry, that the Tichbornes had acquired property in Dorset- 
 shire through a relative of the name of Doughty. It is possible that 
 he may have seen the undoubted Roger himself, and it is possible 
 that he may have been struck by the likeness between the defendant 
 and Roger. I do not, however, find, from the defendant's statement, 
 that Slate professed to have known Roger, still less that he professed 
 to identify the defendant as Roger. It is quite evident that Slate 
 took some interest in the history of the Tichborne family, and in the 
 
 G G 2
 
 ( 452 ) 
 
 discovery of lloger, because the defendant himself tells us that Slate 
 was the person who called his attention to the advertisement which 
 Mr. Cubitt had caused to be inserted in the Australian papers. 
 Slate, as the defendant tells us, had gone up to Melbourne from 
 Wagga-Wagga with a lot of cattle belonging to j\Ir. Higgins. The 
 defendant was to have gone Avith it to Melbourne himself; but he 
 was prevented going, and Slate went in his stead, and when Slate 
 came back, he brought a Melbourne paper in his pocket, and 
 produced it, and called the defendant's attention to the advertise- 
 ment. We knoAV that the advertisement was published between the 
 22nd July and the 4th August, and thei-efore, m all probability, it 
 was shortly after that time that the defendant saw that advertisement. 
 Now nothing could be more natural than that Slate, upon producing 
 this advertisement and showing it to the defendant, should make 
 some observation about it at the time. The inference I draw from 
 it is this, that Slate taking an interest about this, as the facts show 
 he did, most probably felt that interest by reason of his having some- 
 how or other some knowledge of the Tichborne family. And the 
 probability is, that what he knew he told to the defendant when 
 discussing the advertisement. I do not think that is at all an 
 unreasonable inference to draw. 
 
 There is also another source from which information might have 
 been derived, but there is no proof that it Avas so — it is merely 
 matter of speculation — and that is from the statements made in the 
 * Illustrated London News.' We knoAv that the ' Illustrated London 
 NcAvs' Avas taken in at the Institute at Wagga-Wagga, and the 
 defendant being a man able to read — that he is a man of intelligence 
 nobody can doubt — may have gone to the Institute in his leisure 
 moments, and you knoAv the first thing that attracts almost everybody 
 — not the illiterate only but the literate too — is the pictures. One 
 does so like to see those pictures. In traA'elling on the railAA'ay, 
 when the ncAvspaper boy comes up, the first thing people ask for is 
 the ' Illustrated NeAvs.' Noav, one of the specialities of the ' Illustrated 
 NeAvs' is the obituary, in AAdiich not only is the death of every dis- 
 tinguished person recorded, but an account of their birth, parentage, 
 and education, together AAath their family history, is inserted. AVell, 
 there is the death of Sir Edward Doughty, on the 12th March, 1853, 
 and an account of his family. I do not think it likely that that 
 found its Avay into the defendant's hands at the time of its publication, 
 but it is possible that if he afterAvards thought it desirable to acquire 
 information Avith respect to this family, he may haA'C turned back to 
 the file of this paper, and found this statement. No doubt that is 
 very remote; nevertheless as the document has been put in, I aa^III 
 read it. " 12tli jMarcli, 1853. Sir EdAvard Doughty, Bart. This 
 gentleman, the heir-male and representative of the old and eminent
 
 ( 453 ) 
 
 family of Ticliborne, scaied in Hampshire before the Conquest, died 
 on the 5th instant, aged 71, at his seat, Tichborne Park, ne;u' 
 Alresford. He was the third son of Sir Henry Tichborne, the sixth 
 baronet, by Elizabeth Lucy his wife, daughter of Edmund Plowden, 
 Esq., of Plowden. In 1826 he succeeded, at the decease of the late 
 Miss Doughty, of Snorford Hall, Lincolnshire, and of Richmond 
 Hill, Surrey, to that lady's extensive estates, together with her pro]ierty 
 in the neighbourhood of Russell Square, including Doughty Street, 
 &c., and assiuned in consequence the name of Doughty. In 1834 he 
 served as High Sheriff of Dorsetshire, and in 1845, by the death of his 
 elder brother, the late Sir Henry Tichborne, without male issue, became 
 baronet of Tichborne. Sir Edward married 26th June, 1827, Katherine, 
 daughter of James Everard, ninth Lord Arundell of Wardour, and had 
 one son, Henry, who died in youth, and one surviving daughter, 
 Catherine INIary Elizabeth Doughty. The present inheritor of the 
 title and estates is Sir Edward's only surviving brother, now Sir 
 James Francis Tichborne, ninth baronet. He is married to Henrietta 
 Felicita, daughter of Plenry Seymour, Esq., of Knoyle, Wilts, and 
 has two sur\iving sons, Roger Charles and Alfred Joseph." As I 
 have said, I do not think it is at all likely that the defendant saw 
 that ; but that observation does not apply to a later statement, which 
 records the death of Sir James Tichborne, the paper being of the 
 21st June, 1862. The accoimt given is remarkable, and deserving 
 of attention. " Sir James Francis Doughty Tichborne, tenth 
 baronet of Tichborne, Hants, was the fourth son of Sir Henry 
 Tichborne, the seventh baronet, by his Avife Elizabeth Lucy, eldest 
 daughter of Edmund Plowden, Esq., of Plowden, in the county of 
 Salop, and his wife Lucy, daughter and co-heir of William Thomp- 
 son, Esq., of Fyston, Oxon, and granddaughter of Sir Berkeley 
 Lucy, Bart. He was born on the 3rd of October, 1784, and suc- 
 ceeded, as tenth baronet, on the 5th of March, 1853, his brother. 
 Sir Edmund Tichborne, the ninth baronet, Avho assumed the sur- 
 name of Doughty in 1826 on succeeding to the estates of his relative, 
 the late INIiss Doughty, of Snorford Hall, Lincolnshire, and Rich- 
 mond Hill, Surrey. Sir James Francis Tichborne, the subject of 
 this notice, obtained, in the May after his succession to the baronetcy, 
 a royal licence for himself and his heirs to bear the name of Doughty, 
 before that of Tichborne. He married, the 1st of August, 1827, 
 Harriette Felicita, daughter of Henry Seymour, Esq., of Knoyle, 
 Wiltshire, and had issue two sons, the elder of whom, Roger Charles, 
 was lost at sea, off the coast of South America, in 1854, and two 
 daughters, who both died young in Paris. He is succeeded by his 
 only sur^-iving son, now Sir Alfred Joseph Doughty Tichborne, the 
 eleventh baronet, who was born on the 4tli September, 1839, and 
 married, the 17th of April, Theresa Mary, eldest daughter of Henry
 
 ( 454 ) 
 
 Benedict, eleventh and present Lord Arundell, of Wardour. This 
 very ancient Roman Catholic family of De Tichburne, or Tichborne, 
 was of importance in Hampshire before the Norman Conquest, and 
 we hear of the De Tichburnes as knights and men of position and 
 prominence in the reigns of the early Norman kings. They were 
 staunch cavaliers imder the Stuarts. When Queen Elizabeth died. 
 Sir John De Tichborne, Knight, then High Sheriff of Hampshire, 
 at once proclaimed King James the First. The monarch marked 
 his sense of this signal service by knighting Sir John's four sons, 
 and conferring on himself the Castle of Winchester in fee-farm, and 
 the dignity of a baronet, the 8th of March, 1620. From this Sir 
 John the baronetcy has descended through a long and loyal line of 
 cavaliers and worthy gentlemen to Sir James Francis, the baronet 
 just dead, and his son and successor. Sir Alfred Joseph Doughty 
 Tichborne, the present baronet." Gentlemen, if that publication 
 was ever seen by the defendant, or seen by Slate, Avho was an 
 educated man, and who would be likely to go to the Institute at 
 Wagga-Wagga, and read the ' Illustrated London News,' it con- 
 tained knowledge of certain material facts : that the property had 
 come to the Tichbornes through a Miss Doughty, and that the name 
 of Doughty had been assumed in consequence. It would further 
 convey a knowledge of the fact that two daughters had died young 
 in Paris, and therefore probably had been born in France, but it 
 would leave the reader in ignorance of the fact that the two sons 
 had been born there. It is silent as to the place of the birth of the 
 sons. It Avould further convey a knowledge of the fact that there 
 were two ways of reading the name of Tichborne, the one spelling it 
 with a "u," and the other with an "o." Whether the information 
 displayed by the defendant as to these particular facts arose from 
 having resorted to the ncAvspapers at the Mechanics' Institute, or 
 whatever is the name of the Institute at Wagga-Wagga, or from 
 the perusal of this particular obituary, I do not undertake to say. 
 The possibility is merely one of the elements in the case, as to which 
 you must form your own judgment. 
 
 By the Jury : But it would have given the information of his 
 mother's Christian names. 
 
 The Lord Chief Justice : I was going to say that the observa- 
 tion which presents itself on the other side is this — that supposing it 
 to have been carefully studied, so that the facts would be carried 
 away in the memory of the person who studied it, one would suppose 
 it would have given more information to the defendant than he 
 appears to have possessed. It speaks of property in Lincolnshire 
 and in Surrey ; it gives particulars of Sir Edward Doughty having 
 intervened between the former possessors. Sir Henry and Sir James ;
 
 ( 4:55 ) 
 
 and as you very truly point out, it gives information also as to the 
 Christian names of the mother. But it is always possible that a 
 person having merely picked up information in this way may not 
 have it sufficiently implanted in his memory to be able at the mo- 
 ment Avhen he is asked this or that question to reproduce it and to 
 state matters accurately ; all that is matter for you to consider. 
 
 By the Jury: According to Mr. Gibbes' evidence, at the time 
 the defendant made his will the defendant told him that he knew 
 what was going on in England, and that some one kept him in- 
 formed. 
 
 The Lord Chief Justice : I know he said so, gentlemen, but I 
 confess I do not attach very great importance to that, because we 
 have no ti'ace of who it could have been, and I do not think one 
 ought to press that against him, unless it is confirmed. If he had 
 any source of information, or if there was any quarter to Avhich he 
 had resorted, I think he would have known a good deal more. There 
 are many things one cannot account for except on the hypothesis, 
 either that he is not Roger, or that his memory must have most sig- 
 nally failed him. With regard to these things, I should be disposed 
 to think if he had any authentic som'ce of information in England 
 he would have been better instructed than he appears to have been. 
 However, the fact that he did so state to Mr. Gibbes — if you believe 
 Mr. Gibbes — is always a circumstance to be taken into account as 
 entitled to more or less weight. 
 
 So much for the conversations between the defendant and Gibbes. 
 I come now to the correspondence between Gibbes and Cubitt. I 
 have read the first letter from Mr. Gibbes to Mr. Cubitt, in which 
 he expressed his belief that he had (to use his own phrase) " spotted 
 the man." Then comes an answer from Mr. Cubitt of the 19th of 
 October, stating that he is very glad to have received a letter from his 
 former friend ; and then he says — and this is the only part of the 
 letter in which Ave are really interested — " Referring to the special 
 purport of your letter ' in re' Roger Tichborne, I have to thank you 
 for your Avillingness to afford me gratuitous information, but I Avould 
 rather desire that you treat the matter as a business transaction" — 
 Mr. Cubitt is perfectly right, there is nothing that stimulates a man's 
 energy and diligence so much as the probability of his receiving 
 rcAvard — "and in the event of any search terminating successfully 
 I Avish you to accept (provided the issue is owing to your efforts) 
 such share of the bounty money as you may be entitled to, and that 
 share will be arrived at Avhen the October mail from England reaches 
 here in December next, that is, of course, anticipating a punctual reply 
 to my last letters to Lady Tichborne. Beyond the circumstances de- 
 tailed in my advertisement I have little else to record. Mr. Rogei
 
 ( 45G ) 
 
 Tichbornc, at the time he left Enghind, could little have expected to 
 become heir to the estates in question, for his father was not then a 
 baronet. Sir Doughty Tichborne was then the possessor of the title 
 and property; he died without issue, and these reverted to his 
 brother, the father of Roger Tichborne, who is since dead, and the 
 estates consequently fall into the hands of the oldest son (by entail- 
 ment), the gentleman for whom I am now searching" — Mr. Cubitt 
 here was writino; about a matter Avhich he did not understand, and 
 has fallen into one or two mistakes which, however, are not material 
 to us — " His mother's letter does not convey much on the points to 
 which you specially refer, but she mentions the probability that 
 he might adopt from feelings of pride an assumed name, and that 
 his leaving home was from caprice and not necessity. To carry out 
 my object satisfactorily I think great caution should be exercised, and 
 I beg of you while soliciting your kind offices, to use every discre- 
 tion, and above all to do nothing that might induce Mr. Tichborne 
 to retain his incos-nito, for rest assured that if he be so lost as not to 
 desire to return to a position of comfort and affluence he will care- 
 fully avoid reference to any matters that may show not only what he 
 now is, but what he ought to be." On the same day he writes to 
 Lady Tichborne : " My search progresses satisfactorily. We must 
 not in such a difficult case anticipate immediate success, but my 
 monthly reports will convince you of the earnestness with Avhich 
 I take up the matter. I now supplement my correspondence by 
 giving you a copy of a letter received yesterday fi-om a personal 
 friend." Then he repeats and sets out the letter of Mr. Gibbes of 
 the 9th in these words : " Let me know if you are in possession of 
 any further facts respecting R. C. Tichborne than those mentioned 
 in your advertisement. First, as to the peculiarity of his delicacy of 
 health ; secondly, as to the cause of his leaving home ; thirdly, as to 
 the nature of his education. I ' spotted' him I think some time ago, 
 and I believe I can find him, and as I .know him, I would if I could, 
 ui'ge him to disclose himself. He was hugely disgusted when he 
 found I had detected him. I should like any further particulars to 
 enable me to be certain, by which I mean quite certain ; for I have 
 scarce any doubt." Then he adds, " I am sure, my dear madam, 
 I feel much pleasure in being able to fortify you with every prospect 
 of again meeting your son. Apparently this object is in a fair way 
 of accomplishment, and if I be successful it will afford me infinite 
 pleasure," A month later, having heard nothing of Mr. Gibbes in 
 the meanwhile, he again Avrites to him — " Dear Sir, I have been 
 anxiously waiting a letter from you giving me some more particulars 
 respectinff Mr. Tichborne, and should esteem it a favour if you Avould 
 forward me a reply to this in time to telegraph to catch the English 
 mail at Adelaide." On November the 23rd he writes to Lady Tich-
 
 ( 457 ) 
 
 borne : " My dear Madam, unavoidable absence from Sydney since 
 the departure of the last mail has prevented me from prosecuting my 
 search for your son. I have, however, since my return communi- 
 cated Avith Mr. Gibbes, the gentleman referred to in a previous letter, 
 and I hope by the December mail to give you some definite informa- 
 tion." At this time the defendant appears to have made up his mind 
 that he would come forward and go to England, for Mr. Gibbes writes 
 thus to Mr. Cubitt on the 25th of November: " I told you in my 
 last " — that " last " is not forthcoming ; it appears never to have been 
 received — " I told you in my last that if the necessary funds and 
 something to leave behind could be got, I could send on the missing 
 man at a very few days' notice, but that I had promised not to reveal 
 his secret against his will before the end of March next. lie is so 
 far changed from his original intentions that he is anxious to go, but 
 his present identity must be totally disconnected from his future. 
 I can say no more at present. I should have written on Friday, but 
 OAving to the magistrate's want of punctuality, was kept at Court from 
 9 A.M. till after post hour. I suppose you received my letter acquaint- 
 ing you with the certainty that he really is Roger Charles Tich- 
 borne." So that by this time you see all reserve had been laid aside, 
 all concealment thrown off, and the defendant had avowed himself 
 to be Roger Tichborne, and had declared that he was ready to come 
 forward. Mr. Cubitt answers on the 29 th : "I am in receipt of 
 your note of the 25th inst. I have never had the letter you refer to 
 acquainting me with the identity of JNIr. Tichborne. I shall be pre- 
 pared, so soon as the next mail arrives from England, in the event of 
 receiving advices from Lady Tichborne, to make all necessary ad- 
 vances not only to get Mr. Tichborne to Sydney, but also to send 
 him home, and at the same time, as in a previous letter, I expressed 
 a wish that this should be a business transaction, to compensate you 
 for the assistance you have given me in this matter. Of course, 
 while I am desirous of carrying out your wishes as to secrecy you 
 must bear in mind that I, as well as yourself, must be satisfied that 
 I get the right man." 
 
 At the beginning of the next month, namely, December, Mr. 
 Gibbes, having occasion to go to Sydney on business, sees Mr. Cubitt, 
 and learns from him that the property Avas much larger than he had 
 been led to suppose from the defendant's representation of it, and he 
 becomes sensible that a considerable rcAA^ard may properly be de- 
 manded, and he determines to have his share of Avhat mis^ht be 
 obtained, quite independently of Mr. Cubitt, Avhom he CAadently 
 distrusted, and Ave see that he carries that out afterAvards. In the 
 meauAvhile, on the 21st of December, Mr, Cubitt thus addresses 
 Lady Tichborne. He had received a letter from her of October the 
 17th, and he AATites thus: " Your favour of October 17th is only now
 
 ( 458 ) 
 
 to hand, and the few hours left me to reply, compel me to be as brief 
 as possible. My previous correspondence will have convinced you 
 of the perseverance with which I have instituted the search " — the 
 fact being that he had never done anything except put some adver- 
 tisements in the papers — " and the care with which I have made my 
 reports will be sufficient to assure you that I was most anxious to 
 avoid stating anything that the facts did not justify ; you will, there- 
 fore, not fail to put credence in my present statement, that J\lr. Koger 
 Tichborne is alive and Avell ; that he is now in this colony, Avithin 
 GOO miles of Sydney ; and that it is my intention to proceed at once 
 to his place of abode, and to the best of my ability carry out all your 
 wishes. While you might not have been able fairly to estimate 
 what would have been a proper compensation in the event of my 
 search proving successful, I must say that I did expect a di'aft by this 
 mail, at least to pay for the great trouble and expense I have been 
 already put to " — which was, as I say, that of putting some advertise- 
 ments in the paper — " especially in the face of the fact that I might 
 have had to make a voyage to New Zealand and back." It is hardly 
 possible to maintain one's gravity when one finds this gentleman 
 claiming a reward, not for a voyage he had made, but for a voyage 
 that he might possibly have had to make, but never did make — " and 
 I trust that this intimation Avill be sufficient to secure to me without 
 further delay a compensation in part. From circumstances that have 
 come to my knowledge, I agree with you that it is necessary I should 
 accompany your son to England or to Paris " — he does not say what 
 the circumstances are—" but if this can be averted I have no desire 
 to put yovi to the additional expense of my passage to England and 
 back, and the remuneration that Avould have to be made me for loss 
 in my business during my absence. As to the ultimate reward, I 
 understand by your letter that in the event of success this is to be 
 paid out of the estate, and that in the event of failure, I am to look 
 to you for the expenses contingent upon this inquiry. Your mind 
 will now have been relieved as to the fear of his being slaughtered at 
 N. Z., as he is far away from the seat of war. Mr. T. will not 
 publicly reveal his o^vn name, and when he leaves here will do 
 nothing by which the public prints will be aware of his departure 
 hence or in England of his arrival there ; so far the secrecy you 
 desire will be maintained, and I see no difficulty in the way of con- 
 fining all this business to the parties interested. Your son's circum- 
 stances are of such a character that he has not even the means to 
 come to Sydney, much less outfit and passage-money for his voyage 
 home ; this will all have to be provided by me, and of this fact you 
 must not lose sight. The many demands upon my own resources 
 will render it inconvenient to find all the funds required for the pur- 
 poses above mentioned, and a remittance will be essential. A letter
 
 ( 459 ) 
 
 from you to your son I shall be glad to deliver personally." That is 
 the last letter I think in that year. 
 
 Gentlemen, we have now brought the story down to the end of the 
 year 1865. At this period, as we have seen, the defendant had made 
 up his mind to come forward as Sir Roger Tichborne, and to return 
 to England. On the 10th of January, 1866, Mr. Cubitt writes to 
 Mr. Gibbes as follows : — " Dear Sir, Letters of a most important 
 nature having been received by me from Lady Tichborne, it becomes 
 a matter of necessity that I should at once have a personal intei'V'iew 
 with her son. On the receipt of her last communication I had fully 
 purposed coming to Wagga-Wagga, but my business engagements 
 render it a matter of impossibility. I therefore have to throw myself 
 iipon your good offices, and beg that you will be kind enough to send 
 him on to Sydney by return of mail. I am unable to ascertain the 
 fare, but if you woidd procure a ticket for Mr. Tichborne, and advise 
 me of the cost, the amount shall at once be remitted." To which 
 Mr. Gibbes replies : — " I received yours this morning, and, making 
 instantly the necessary inquiries, discovered that Sir R. C. T. has 
 left his last place of abode " — He was only living just outside the 
 town — " He has lately shown signs of restlessness, but I think he 
 has not gone far as yet" — He cannot have gone a yard : he was still 
 at Wagga-Wagga, in Higgins's employ — " As for my showing him 
 to you, mature reflection has shown me that is out of the question 
 vrithout his consent, even if I could at present. As after the present 
 lapse of time I should feel myself justified in claiming (on behalf of 
 the real discoverer, my wife) the reward, I should wish to know if 
 the letters you have received from England give anything definitive. 
 As I told you the amoimt should not be less than 200/. or 250/., that 
 amount I am willing to divide equally with you. You need not 
 expect T. to start unless he can leave some money behind for the 
 person I spoke of. The mere passage, including road expenses, is 
 about 10/. 155. One thing I may mention, I find, on observation, 
 his nose is not aquiline, but straight; his eyes nearly grey (they 
 change fi*om blue in after-life); mouth rather narrow, Avith a retreat- 
 ing expression, subject formerly (and still partially) to the nervous 
 twitching termed St. Vitvis's dance" — That is the passage in which 
 he tells Mr. Cubitt of the St. Vitus's dance — " In case you may 
 deem it desirable to send this letter home, it may be gratifying to his 
 relations to know that, low as he has descended in the social scale, 
 his character for honour (and obstinacy?) has stood unimpeached by 
 any. You had better let me have a copy of Lady T.'s last letter, 
 and then I can judge of matters for myself, as the information in 
 your last is very meagre. Have you told Lady T. of the pipe mth 
 his initials on it?" Mr. Cubitt answers: — " I am quite prepared to 
 meet your views by dividing either 200/. or 250/., if I receive it from
 
 ( 460 ) 
 
 Lady Tichbornc, dcductino;, of course, expenses occasioned by adver- 
 tising. I have all along tliouglit you ought to have a share, and 
 this promise in Avriting ought to be sufficient. Lady T.'s letter said 
 nothing in shape of identification or amount of reward. When I can 
 get him for certain, money shall be forthcoming for the purposes you 
 named." 
 
 We now come to a fact of infinite importance, the first communi- 
 cation made by the defendant from Australia to the Dowager Lady 
 Tichborne. On the 17th of January the defendant comes to JNIr. 
 Gibbes and informs him that he is ready to write to his mother; but 
 he says that not having written to her for so long he felt he should 
 have some difficulty in beginning his letter, so Mr. Gibbes says, " I 
 will do it for you;" and he tells us that he sat down to commence the 
 draft of a letter to be copied afterwards by the defendant; but he 
 began in a way wdiicli the defendant felt would not do. INIr. Gibbes 
 appears to have written as he would have Avi'itten to some one on 
 behalf of a client, in the formal way in which a solicitor commences 
 a letter — an odd way, certainly, in which to make a son commence a 
 letter to his mother — " My dear Madam, You Avill, no doubt, be 
 surprised at again seeing my handwriting;" upon which the defen- 
 dant's shrewdness and sagacity made him feel the absurdity of 
 beginning in that way as from a son to a mother ; and he says, " Oh, 
 that will not do, she would know that is not my old style;" and Mr. 
 Gibbes says, " He came and took my pen out of my hand quietly and 
 said, " She will know my old way and my handwriting." Then says 
 Mr. Gibbes, " I asked him if he wrote the same handwriting as when 
 he left England ; he said that he did, but added that he wrote either 
 better then, or that he wrote better when he was in England, or that 
 — I did not exactly catch the meaning of it — he wrote better at one 
 time or other of the two." Then the defendant takes the pen and sits 
 down to Avrite, and Mr. Gibbes says, " You are writing to your 
 mother for the first time after all these years; you had better put 
 something in your letter by Avhich she will know you and be sure of 
 your identity." Accordingly the letter is written in these terms: — 
 " Wagga-Wagga, January 17, 1866" — Gentlemen, in reading the 
 letters of the undoubted Roger, I called your attention to various 
 matters connected with the spelling and the style ; I ask your atten- 
 tion, and your vigilant attention, to the spelling and style which 
 characterises this and the subsequent letters of the defendant, making 
 allowance for the interval of tAvelve years and the different life that 
 the defendant had been leading meanwhile, and I invite you to com- 
 pare the one style with the other, and to judge whether in the style, 
 in the tone and spirit, the thoughts, the composition, the grammar, 
 and the spelling, and, last not least, the punctuation, you can find 
 identity with the letters of the undoubted Roger Tichborne, or even
 
 ( -iGl ) 
 
 any siniilarity between the two; or whether you see from the very 
 commencement a different spirit breathing in these letters, and a total 
 difference of style and composition, and everything- which character- 
 ises letters written by one man as distinguished from those written 
 by another. It is necessary to observe these matters most carefully. 
 Let us begin with this letter — the first written by him to his alleged 
 mother after tAvelve years of silence. " W agga-Wagga, January 
 17th, 1866. My dear Mother — The delay which has taken place 
 since my last Letter, Dated 22nd April, 54" — that is an impossible 
 date ; it must have been a mistake, because the ' Bella' had sailed 
 before then — " ]\Iakes it very difficult to Commence this Letter. I 
 deeply regret the truble and anxsity I must have cause you by not 
 writing before. But they are known to my attorney" — what " they" 
 refers to, I have not the remotest idea — " But they are known to my 
 attorney and the more private details I will keep for your own Ear. 
 Of one thing rest Assured that although I have been in A humble 
 condition of Life I have never let any act disgrace you or my 
 Family" — How he could write that I do not know, when I recollect 
 that in his cross-examination he, on more than one occasion, refused 
 to answer certain questions — amongst them the important one, 
 whether he had been charged with bushranging — lest he should 
 criminate himself. However, the statement is so far justified and 
 borne out by the fact which ought not to be forgotten, as making in 
 the defendant's favour, that according to Mr. Gibbes, throughovit the 
 whole of the time he was living at Wagga-Wagga he appears to 
 have lived without reproach, and to have been respected by those to 
 whom he was known — " I have been A poor Man and nothing worse. 
 Mr. Gibbes suggest to me as essential That I should recall to your 
 Memory things which can only be known to you and me to convince 
 you of my Identity. I dont thing it needful My Dear Mother. 
 Although I send them. Mamely. the BroAvn Mark on my side. And 
 the Card Case at Brighton. I can assure you My Dear Mother I 
 have keep your promice ever since. In writing to me please enclose 
 your letter to Mr. Gibbes to prevent unnesersery enquiry as I do not 
 wish any person to know me in this Country. When I take my 
 proper prosition and title. Having therefore made up my mind to 
 return and face the Sea once more I must request to send me the 
 Means of doing so and paying a fue outstanding debts. I would 
 return by the overland Mail. The passage Money and other ex- 
 pences would be over two Hundred pound, for I propose Sailing 
 from Victoria not this Colonly And to Sail from Melbourne in my 
 own Name. Noav to annable me to do this my dear Mother you 
 must send me" — The remaining portion of the letter is not forth- 
 coming. The part we have was deposited with other letters and 
 papers belonging to Lady Tichboi'ne in the Coiirt of Chancery. I
 
 ( 4G2 ) 
 
 do not know whether it has been prominently brought to your atten- 
 tion, that Avhen Lady Tichborne died, in the month of March, 1868, 
 the defendant, as her son and next of kin, took possession of her 
 property and papers; but his right to have possession of such things 
 as next of kin being at that time in issue, an order was made that all 
 papers and other things belonging to her should be deposited in the 
 Court of Chancery; and it is thus that we have had so many of the 
 letters from Roger to his mother and other papers which were in her 
 possession, and by that means came into the defendant's hands, pro- 
 duced on the former trial and on this. One half of this letter, 
 apparently a very important half, is not forthcoming. We know 
 something of its contents from persons who saw the letter before 
 it ceased to be forthcoming, but you have it not before you. One or 
 two things are however clear from an answer which the Dowager Lady 
 Tichborne wrote to Mr. Bowker with reference to various matters 
 contained in that letter and from her correspondence with Mr. Cubitt 
 and Mr. Gibbes. It is clear that there was in it some reference to 
 his grandfather. Whether he sent a message to his grandfather, or 
 whether he inquired after his grandfather, or whether there was merely 
 an allusion to his grandfather, we do not know, not having had the 
 letter before us; but that there was a reference to his grandfather is 
 plain from what was said afterwards. There was also a reference to 
 a horse called ' Plenipo,' besides the reference, in the part of the letter 
 which we have, to the two things particularly specified as proof of his 
 identity. Every one of those things is productive of further difficulty. 
 With regard to the horse ' Plenipo,' there is no doubt that Roger did 
 leave a favourite horse in the care of Mr. Gosford, with directions 
 to take care of that horse. That fact seems somehow to have been 
 known to the defendant ; but that horse was not named ' Plenipo,' at 
 least Mr. Gosford says he did not know of such a name, although 
 he had the custody of the horse for several years ; but there is evi- 
 dence in the case which may explain how it came to pass that he 
 adopted the name of ' Plenipo.' If you believe that the defendant 
 was in the service of Mr. Johnston, of Mewburn Park, Mr. Johnston 
 had a horse of the name of ' Plenipo ;' and so the name may have 
 passed into the defendant's mind, and in giving Mr. Gibbes an 
 account of it, he may have applied that name to it. With regard 
 to the grandfather, I shall have to deal with that by-and-by ; and 
 the Brighton card case raises issues much too important to be 
 dealt with incidentally, but must be treated as a separate head by 
 itself. I should here observe that we know, although it does not 
 appear from the one half of the letter, that the sum the defendant 
 asked Lady Tichborne to send out was 400Z. ; 200Z. to pay his debts, 
 and 2007. to pay his passage home. 
 
 On this occasion Mr. Gibbes also writes to Ladv Tichborne. He
 
 ( 463 ) 
 
 declined to remain in the subordinate position of agent of Mr. Cubitt, 
 and to allow Mr. Cubitt to have the honour and glory and reward of 
 a discovery, with which discovery he had nothing to do. He writes 
 on the 18th of January, 1866, as follows: "Madam, — You will, ere 
 this, I believe, have had a communication from Mr. Cubitt, in which 
 my name is connected with the discovery of your son. Sir R. C. Tich- 
 borne. I have prevailed on him by this post to put himself in com- 
 munication with you, and I have pointed out to him the necessity of 
 mentioning any matters that may occur to him which can only be 
 known to you and to himself, so as to satisfy you as to his identity. 
 I believe he was only prevented from doing so long since by a feeling 
 you will readily understand, as he will tell you. He has been following 
 for some years a humble occupation, one totally incompatible with the 
 position he is about to fill in life. His chief desire is that no person 
 here should be able to identify him in his future station with him in 
 his past one. I may mention that, lowly as he has been, he has not 
 done anything of which he need be ashamed. He is very anxious 
 on this point, and in thus vouching for him I have need to vouch for 
 my own respectability and to refer you to Messrs. Faulkner and 
 Gregory, of No. 1, Bedford Eow, London, with whom I have from 
 time to time during the last eighteen years been in communication. 
 Sir Roger is indebted in some amounts (I don't know how much), 
 and he is desirous of settling these matters at the time of his leaving 
 — in which case the draft must be sent either to himself by his 
 present name (which woyld probably lead to the discovery he so 
 much wishes to avoid) or to myself, his only confidant — not a volun- 
 tary one, I can assure you, as far as he is concerned, but simply from 
 the amount of quickness our profession all learn, or ought to learn, 
 from practice. This last remark renders it necessary for me to mention 
 what would otherwise have seemed out of place — that in any commu- 
 nication you may favour me Avith, you wiU have not to rely upon the 
 honour of a man who is indebted simply to his profession for his title 
 of ' gentleman,' but of one who is as well born and connected as your 
 own son." 
 
 In thus writing to Lady Tichborne the defendant had taken a 
 decisive step. The die Avas cast, and retreat became impossible. 
 And here a question of some interest presents itself, namely, at what 
 period the idea of resuming his position, if Roger Tichborne, or of 
 assuming that name and character, if an impostor, first presented 
 itself to the mind of the defendant, or first became matured into a 
 fixed and settled intention. That the idea had entered into his 
 mind at an earlier period than his acquaintance w^itli Mr. Gibbes 
 seems more than probable. But to fix the precise period becomes 
 exceedingly difficult. I cannot think it can have been as early as the 
 beginning of 1865, as it was then that he married, and I cannot bring
 
 ( 464 ) 
 
 ni}'self to believe he would have made such a marriage had he intended 
 to assume the position of Kogcr Tichborne. But in the ensuing- 
 April we find him sending the Richardson letter, which, in one view 
 of the case, you may possibly think was written with the design of 
 putting forward a claim. If so, the thought must have crossed his 
 mind by that time, though, possibly, it may not have assumed the 
 form of a final and deliberate intention. Cubitt's advertisement in 
 the Australian papers was published, we know, between the 22nd of 
 July and the 4th of August. The paper containing it was brought 
 by Slate from Melbourne as a recent paper. It is probable that the 
 seeing this advertisement may have still further developed the idea. 
 Then it is that he is seen openly smoking a pipe with the initials of 
 Roger Tichborne cut on it. Besides Avhich he tells us he was in the 
 habit of carving these initials on trees and pieces of wood. There is 
 also a striking coincidence between the date of the advertisement and 
 the conversation Avith Gibbes on the subject of his property in England 
 as creating a difficulty as to his passing through the Insolvent Court. 
 Yet when Mr. Gibbes first professed to have discovered him — when 
 Mr. Gibbes went up to him and said, " You are not going imder 
 your real name, either Christian or surname, and I know who you 
 are," and the initials on the pipe were referred to — Mr. Gibbes tells 
 us, or rather told Mr. Cubitt, in the letter we have before us, that 
 the defendant was " hugely disgusted;" and the defendant himself 
 states that when Mr. Gibbes told him that he had discovered avIio he 
 was, he desired him to mind his own business, and not interfere in a 
 matter that did not concern him. Now, was all this simulated, or 
 was it real ? Was he in earnest in representing himself as annoyed and 
 distressed, or, according to Mr. Gibbes' strong term "disgusted"? 
 Was the annoyance feigned, or was it real? A good deal of light, 
 I think, may be thrown on the case generally by the view that may 
 be taken on this point one way or the other. It may be that it was 
 the honest expression of his o\mi sentiments. It may be that he had 
 no desire to return to his own station. He may have been satisfied 
 with the life he was leading, and the humble condition to which he 
 had voluntarily reduced himself. It may really have been from 
 a desire and disposition not to return to the world. But then that 
 supposed indisposition to return to the Avorld seems hardly consistent 
 with the zealous, earnest and ardent energy Avith Avhich he has sought 
 to recover his rights, both as regards rank and estate, from the 
 moment he did come forAvard. For no man could haA^e been more 
 strenuous in asserting his claim : no man has been apparently more 
 indignant Avith those who, professing to disbelieve in him, haA^e sought 
 to stand in the Avay of that claim being established. And, again, 
 I cannot but observe that if his reluctance to be discovered and put 
 before the Avorld as Sir Roger Tichborne had been genuine and real.
 
 ( -165 ) 
 
 one cannot help supposing that he would have been more strenuous 
 to conceal the fact that he was Sir Roger. There Avas no necessity for 
 acknowledging the fact to Mr. Gibbes at all ; it would have been very 
 easy to deny it, and to have said, " ]\Ir. Gibbes, do not interfere with 
 me, telling me I am Sir Roger Tichborne; I am nothing of the kind;" 
 and certainly one does not find in the course of the defendant's con- 
 duct that scrupulous and nice regard to truth Avhich Avould have stood 
 in the way of his telling a falsehood to Mr. Gibbes, to throw Mr. Gibbes 
 off the scent, if he had desired to do so; and even supposing he was 
 discovered, even supposing he did not choose to deny the fact which 
 might have become patent, what was there to compel him, because he 
 was discovered to be Roger, to leave the colony? He was not like 
 a school-boy who had run aAvay from school, who might be caught 
 and brought back again, and punished for his truant conduct; he 
 M^as not like a criminal Avho might be seized and taken back to his 
 gaol in fetters; and we know what the inflexibility of Roger's 
 character was, and this is one of the instances in which the proper 
 knowledge of his character, as derived from the correspondence and 
 facts connected with the history of the imdoubted Roger, comes into 
 play. Do you think his allowing himself to be apparently forced 
 into action is consistent Avith the character of Roger, Avho never 
 folloAved anybody's advice, Avho never Avas influenced by anybody's 
 Avishes, Avho ahvays acted on his OAAai Avill and determination ? If Roger 
 had chosen to lead the life A\diich the defendant led in Australia, it 
 Avould have been all very Avell to tell him that he Avas discovered, and 
 hoAV anxious his mother Avas to see him at home ; he AA^ould have 
 said, "What care I for my mother? I Avill not go home. She 
 makes of it a hell upon earth." One of the last letters he Avrote, you 
 recollect, expressed a desire that, if his father had not made some 
 provision for his mother, provision might be made for her, for no- 
 thing should ever induce him to live in the same house AAdth her, and 
 therefore a separate residence must be provided. And certainly, a 
 son AA'ho had left his mother in suspense for tAvelve years as to 
 whether he Avas dead or not, AA^as not likely, if he preferred such a 
 life as he Avas then leading in Australia, because that mother Avrote 
 to him a Avhining letter imploring him to come home, to yield to her 
 solicitation. I cannot but think, therefore, that there are circum- 
 stances A\diich require to be taken into consideration before Ave come 
 to the conclusion that he Avas sincere in the representation that he 
 was annoyed and disgusted at Mr. Gibbes having discovered who 
 and what he AA^as. It may be a not unwarrantable inference to say 
 that the feeling he exhibited Avas not genuine and i-eal. If it be 
 true that the defendant had not conceived the intention of coming 
 forAvard and claiming to be Roger Tichborne, Iioav shall aa^c account 
 for the fact, which he himself states, of his doing, as regards outAvard 
 
 H H
 
 ( 4G6 ) 
 
 appearances, so many things which were calculated to have the effect 
 of leading people gradually to the belief that he was Roger Ticli- 
 borne ? Why were the initials cut on the pipe ? Why, as he tells 
 us, was " R. C. T." cut on trees, and on any piece of wood that 
 happened to come to his hand, a thing which he represents himself 
 as doing for a considerable period. " R. C. T." was Roger Charles 
 Tichborne. No doubt he might have amused himself in his solitary 
 hours out there by cutting his name on any piece of wood that came 
 to his hand, though one does not hear that it was a thing that Roger 
 ever did ; and it is not a thing which people are in the habit of doing, 
 as far as I am aware, in the Avay the defendant represents. In the 
 daj'S of pastoral poetry we have heard of shepherds and lovesick 
 swains who went about carving on the bark of trees the name of the 
 ladies they loved, but people do not nowadays go into the woods and 
 cut their names on trees. It is not a thing that either Roger Tich- 
 borne or the defendant would be likely to do, if desirous of concealing 
 the fact of his being the true Roger, and of not being broiight to 
 light as such. It appears that the defendant was in the habit of 
 doing this, and doing it to a pretty considerable extent. You must 
 form your own judgment whether it was done for the 'purpose of 
 preparing the way for his assuming the character of Roger Tich- 
 borne. On the other hand, the appearance of reluctance may have 
 been assumed from a dishonest motive ; it may have been that he put 
 on the pretence of this reluctance to be dragged into light as Roger, 
 instead of being allowed to remain in the obscurity of the station he 
 had been filling, because it might give to his present life the character 
 of self-imposed exile and yoluntary retirement, and so account for his 
 silence and social degradation for so many years. Or, it may have 
 been real in another point of view — not that he would not have been 
 glad to be discovered, or to be believed to be discovered, not that he 
 would not have been willing to come forward as Sir Roger, but 
 because he was not then prepared to take that step. It m.a.j be that, 
 inasmuch as to enter the lists as Roger, claiming, as against the 
 party in possession, the title and estates, required, if he was not the 
 true man, no small amount of nerve and courage, he had not yet 
 braced his nerves to take that step, which once taken could not be 
 Avithdrawn from. It may have been that this scheme or idea, though 
 in embryo in his mind, had not developed itself; or that he Avas not 
 sufficiently furnished with information and materials to enable him to 
 make the first move toAvards putting it in execution, although he had 
 conceived the project of doing so eventually. The answer to the 
 Richardson letter may not have been so satisfactory as he could have 
 desired. His information as to the Tichborne family, and as to other 
 facts Avhich it would be necessary to have knowledge of, if he did 
 come forAvard, may not have been sufficiently provided. All these
 
 ( 4G7 ) 
 
 tilings are mere speculations, but they are possibilities wliicli one has 
 to pass through one's mind before one can come to an ultimate con- 
 clusion ; and there are further circumstances which come in as part 
 of the case, and which tend to throw light on the question we are 
 seeking to solve. 
 
 Adverting to the various circumstances Avhich tend to throw light 
 upon the period at which the defendant first conceived the notion of 
 coming forward as Roger Tichborne, either because he really was so, 
 or because he thought proper to assume the name, it certainly seems 
 to me, that although it may Imve been in embryo only, the idea must 
 have been in his mind for some time before he really did come for- 
 ward, from the circumstance, among others to which I have referred, 
 of his having cut out his initials in numerous instances, which though 
 it may have been fi'om a fond recollection of his original state and 
 condition, would more probably proceed from a desire to draw the 
 attention of those by whom he was surrounded to the fact of his 
 having these initials, and thence to lead the inference that he was the 
 person with whose name those initials would correspond. AYhen he 
 cuts his initials on his pipe in the same way, it is difficult to suppose 
 that that was not done with the intention that that which did take 
 place should take place, namely, that those initials should be observed 
 and made matter of inference as to who and what he was. Still, I 
 cannot conceive that he had any definite intention on the subject 
 until he saw the advertisement, which we know could not be earlier 
 than July or August in that year, 1865. There are one or two 
 things that make one think the intention cannot have been conceived 
 at a very remote period, among others the marriage in the year 
 1865. I have already pointed out that it is unlikely that a man who 
 intended to assume, or resume, the station of Roger Tichborne would 
 ha^e made that marriage ; equally so, that if he had intended to take 
 his position as the head of an old Roman Catholic family, he would 
 have had his marriage celebrated in the manner in Avhich that mar- 
 riage was celebrated. 
 
 It was, I should imagine, about this time that he began to make 
 those entries in his pocket-book, which are certainly of considerable 
 interest in the inquiry. There are entries in the Reardon pocket- 
 book, not of a very important character, but still not unworthy of 
 attention, where he begins to write " Tichborne." Now this must 
 have been at the time when he was in the employ of Mr. Higgins. 
 Reardon was a man also in Mr. Higgins's employ, and when the 
 defendant left Higgins, this book fell into Reardon's hands. It was 
 not the defendant's book, or Reardon's, but Higgins's. You have 
 the " R. C. T., Hampshire, England," twice over. Then there is, 
 besides the crossed SAvords, that curious hieroglyphic, as we called it, 
 the two C's put back to back. It has not the complete mark which 
 
 H II 2
 
 ( 468 ) 
 
 Arthur Ortoii's hieroglypliic lias ; but there is Avhat, to use the 
 language of the learned counsel for the defendant, may be called a 
 " rudimentary" hierogh^ohic. The idea of " R. C. Tichborne, 
 Hampshire, England," must therefore have suggested itself to the 
 defendant's mind before he left Mr. Higgins's employment. Then 
 come the entries in his own pocket-book, which are certainly re- 
 markable, and deserving of particular attention, and which, as far as 
 one can judge, were probably made about this period. This is on 
 the first page : " Thomas Castro, Wagga-Wagga, Roger Charles 
 Tichborne, Tichborne Hall, Surrey." I imagine that must have 
 been written at a period antecedent to the time when he met with 
 the Hampshire man. Slate. If Slate knew anything at all he would 
 not have told him Tichborne Hall was in Surrey. But would Roger 
 Tichborne have made such an entry ? In the first place it never Avas 
 called Tichborne Hall, the proper name being Tichborne Park ; 
 still less would he have been likely to have put Surrey as the county 
 in Avhich that property was situate. Then we have " Melipilla, 
 South America," " Rio de Janeiro," " Rio de la Plata," and 
 " Buenos A}i"es." What those names are put down for I do not 
 know. Then there is " Love paid one shilling, Oliver balance 
 2.9. 6fZ." That is something that does not concern us. Then there 
 is " Melbourne, 18th August, Rio Janeiro South Amerika, T. T. 
 South America." Then " R. C. Tichborne, Bart., Tichborne Hall, 
 Surrey." Then there comes this, " Lost on the 13th September, 
 this day in Wagga-Wagga, those that found it are welcome to 
 keep it, two cases in the Small Debts Coiu't, one for 6 pound and 
 one for three pound sixteen shillings." Then there is this curious 
 insertion, " Some men has plenty money and no brains and some 
 men has plenty brains and no money. Surely men with plenty 
 money and no brains were made for men with plenty brains and no 
 money. R. C. Tichborxe, Bart." Here I must say I think " R. C. 
 Tichborne, Bart.," had no business to usurp a passage that does 
 not belong to " R. C. Tichborne, Bart.," but Avhich belonged to Miss 
 Braddon, and still less to change Miss Braddon's language into such 
 very unmistakably Aidgar vernacular as that in which this sentiment 
 is conveyed. I said at the time it was read, I was sure it was not 
 Miss Braddon's language, and that talented authoress did me the 
 honour to send me a copy of " Aurora Floyd," in which the passage 
 occurs, and she led me into bestowing some time (which ought 
 perhaps to have been devoted to considering this case) to reading 
 that very interesting novel. I read it fi'om beginning to end. I 
 was bound to do so in honour and gallantry, and I find this passage, 
 and a very good passage it is. She puts it into the mouth of a crafty 
 and guilty person, who turns out to be a great scoundrel, and in 
 whose mouth the language is exceedingly appropriate. It runs
 
 ( 469 ) 
 
 thus: says this man, " I shoukl think fellows with plenty of money 
 and no brains must have been invented for the good of fellows Avith 
 plenty of brains and no money, and that's how we contrive to keep 
 our equilibrium in the viniversal see-saw." Very epigrammatic, and 
 very happily expressed. It is only due to Miss Braddon to say that 
 that is her language, as contrasted with the language in which the 
 sentiment of one of her characters in this book is clothed by the 
 defendant. 
 
 The next entries are " Sir James Tichborne," " R. C. T." " R. C. 
 Tichborne, Bart., some day I hope." Noav it has been asked on 
 that, and the observation is deserving of notice, is it likely that a 
 man Avho knew, even if he Avas not then Sir Roo-er Charles Tich- 
 borne, Baronet, that he would thereafter be entitled to that rank, 
 and that nobody could deprive him of it, Avould say " some day I 
 hope ? " Then comes a very remarkable entry indeed, " La Bella, 
 R. C. Tichborne, arrived at Hobart Town July 4th, 1854." What 
 can be the meaning of that ? "What Avas passing through the mind 
 of the Avriter? ''Arrived at Hobart Town Juli/ -ith, 1854." What 
 do you gather from it? Was it his intention originally to have 
 represented Roger Tichborne as having landed at Hobart ToAvn, 
 and not at Melbourne ? I am at a loss to conceive what else it can 
 mean. There it is. A curious point also arises Avith reference to 
 the date of it. There is, on the same page, " Stephen Butts 
 Metrop." XoAv Ave knoAv that Butts kept the Metropolitan Hotel at 
 Sydney, and as it occurs on the A^ery same page Avith " La Bella, 
 R. C. Tichborne, aiTived at Hobart ToAvn," &c., this being Avritten 
 in the ti-ansverse A\'ay, and " Stephen Butts Metrop." above it, while 
 below it there is " Sir Ja. Tichborne Baronet Tichborne Hall," 
 you may perhaps think that the conclusion from that must be that 
 this w^as Avritten at Sydney, as it Avas there that he became ac- 
 quainted Avith Stephen Butts of the Metropolitan Hotel. If that be 
 so, it must have been as late as the time of his being at Sydney that 
 he laid the scene of his landing at Hobart ToAvn. There the entry 
 is, and very remarkable it is, as it makes Roger Tichborne arriA^e at 
 Hobart ToAvn instead of arriAdng, as he afterAvards represented, at 
 Melbourne. 
 
 Other entries folloAA^, " Richard Kevill Slate," " Thomas Castro," 
 "Rodger Charles Tichborne," the "Roger" being written Avith a 
 "d"— a manner in Avhich Roger Tichborne never could haA'c thought 
 of Avriting it. Then comes " R. C. T. Bart. Tichborne Hall New- 
 market Surrey London England. Thomas Castro Wagga Wagga 
 NcAv South Wales Australia." " I Thomas Castro do hereby 
 certify that my name is not Thomas Castro at all. Therefore those 
 that say it is don't knoAv any think about it R. C. T." Lastly there 
 is, in the same handAA'riting, the interesting recollection, if not of the
 
 ( 470 ) 
 
 writer, of somebody else, at whose instance he has written it down, 
 " Miss Mary Ann Loder 7 Russell's Buildings, High Street, Wapping, 
 London." That is the last of the entries in that remarkable book. 
 
 I have already pointed out with reference to the time ,at which the 
 defendant made up his mind to come forward, that we have the date 
 of the marriage in January, 1865, and of the Richardson letter in 
 the April afterwards, which seems to be connected in some way— it 
 is for you to say whether it was or not — with the idea of his coming 
 forward — then the initials, and the exhibition of them. The question 
 is whether this idea may not have been conceived, and have been 
 present to the mind of the defendant, some time before he really 
 determined on taking action in the matter ; and, whether the inter- 
 ference of Mr. Gibbes may not have precipitated matters, and 
 hurried them on much more rapidly than the defendant (whether 
 he was Roger Tichborne, or whether he was not) had probably 
 intended. For you see, he Avas placed in this position. If he 
 intended to come forward, Avhether in what he knew to be a real 
 character, or in what he knew to be an assumed one, at a later 
 period, but Mr. Gibbes intermeddled, and said, " I have discovered 
 who you are ; You are Roger Tichborne, and the initials on the 
 pipe show it ; You would never have put ' R. C. T.' there if you 
 were Tom Castro — You must be Tichborne ;" he became placed in 
 this awkward dilemma : if he gave a denial, it would very seriously 
 interfere with his position when he really did come forward ; if, on 
 the other hand, he admitted it at once, it might hurry him into a 
 course of action for which he was not prepared. What should we 
 expect of a man under such circumstances? He would coquette 
 about it, and not altogether and absolutely admit the fact for some 
 time, but after a certain time, finding he must take a step one way 
 or the other, and either admit himself to be Roger Tichborne, or 
 else, if he denied it, be involved in difficulty afterwards, he would 
 surrender at discretion and say, " I am Roger Tichborne, and will tell 
 you all about it." This may have been the case. He may have 
 been thus induced, although reluctantly, to admit he was Roger 
 Tichborne ; perhaps he was annoyed, in the first instance, at having 
 his intention or scheme hurried on by the interference of Mr. Gibbes 
 before he was prepared to disclose himself, and yet as a matter of 
 discretion may have found it necessary to take a decided course 
 earlier than he otherAvise would have done, more especially when, at 
 the end of 1865 or beginning of 1866, he got into such a serious 
 state of distress that he was obliged to have recourse to Mr. Gibbes's 
 assistance for small sums, while Mr. Gibbes was urging him on to 
 declare himself and write home for assistance. There is a fact which 
 ought not to be overlooked, and that is, that when Mr. Gibbes by 
 pressure on him induced him to admit that he was Roger Tichborne,
 
 ( 471 ) 
 
 lie did so only imdcr tlic stipulation that Mr. Gibbcs should not 
 reveal his secret until the ensuing month of March. Why was that ? 
 If he was Roger Tichborne, and Avas now willing to come forward, 
 why should he want him to do that ? The answer which suggests 
 itself — I do not know whether it is the right one, I only throw it out 
 for your consideration — is that he w^as not prepared, because he had 
 not got the materials which he required, or that, if he was not the 
 real man, he was reluctant, and Avished to have as long a delay as he 
 could before he finally committed himself. In the sequel he spon- 
 taneously anticipated the time by writing to Lady Ticliborne in 
 January; but this, as I have said, may have arisen fi-om the 
 desperate state of his circumstances. It is about this time that we 
 have him AAT.-iting to Mr. Gibbes : " Please let me Have one pound 
 before you go home I Avill be at Higgins until sevin. I Avant some 
 silver very particular." And again : " Dear Sir, If you could spare 
 me two pound I shall feel oblige I wish to settle Avith Cater the 
 baker before he leaA^es for England If its convenient you can Like- 
 wise send me an order on Love for three pound." We shall also see 
 what he Av^ites on the occasion of his wife's confinement. Those are 
 the circumstances connected Avith the time and the occasion of his 
 coming and standing before the Avorld as Roger Tichborne. 
 
 Mr. Culiitt next takes up the correspondence, and he Avrites to 
 Lady Tichborne as folIoAvs: "January 23rd, 1866. My dear 
 Madam, — Everything progresses satisfactorily Avith reference to 
 your son. Nothing now prevents his departure but the want of 
 the necessary flmds. No doubt, under ordinary circumstances, the 
 banks Avould advance this, but as you have omitted to give me any 
 particulars by which he can be identified, I cannot prove beyond a 
 doubt that he is the right person, although I believe he is." Here I 
 cannot help observing that it certainly is surprising, that Avhen Lady 
 Tichborne is told that there is some one who asserts himself to be 
 her long-lost son she should not, in answer, have pointed out the 
 particulars by which his identity might, according to her knoAvledge, 
 be established and confirmed, and that she had to be reminded of 
 that by the people out there, which exposed her to the observation, 
 " Why, you have never told us anything about him whereby we can 
 identify him." You Avill see Avhat she does in this respect further 
 on. Mr. Cubitt continues : " I noAv quote fi'om the last letter 
 received from one of my agents " — as if he had a great many — " and 
 dated January 13th, 1866 : ' You need not expect Mr. T. to start 
 unless he can leave some money behind him to meet his necessities : 
 the fare to Sydney Avill be 10/. 15^. I find from observation — his 
 nose straight, eyes grey or greyish blue, mouth rather narroAv, with 
 a retreating expression, subject formerly and still occasionally to a 
 nervous tAA'itching termed by some St. Vitus's Dance. Although he
 
 ( 472 ) 
 
 has descended in the social scale his character for honour has stood 
 iinimpeached by any. Have you told Lady Tichborne about the 
 pipe he smoked having R. C. T. scratched on it?'" He then goes 
 on : " In conclusion, I may mention, madam, that Avithout funds it 
 is impossible for him to leave the colony ; these must be supplied, 
 and they shall be used by me with a due regard to your interests, 
 and that of your son's." Next, Mr. Gibbes, in answer to a former 
 letter from Mr. Cubitt, Avho had proposed to come and see him, 
 writes to Mr. Cubitt on the 27th of January: " Sir R. C. T. won't 
 hear of any one else seeing him up here. He has Avritten to Lady T. 
 by last mail for a considerable remittance, and has mentioned matters 
 that will prove his identity to her beyond doubt. Thus the matter 
 must rest for the present until you write to Lady T. mentioning her 
 son's letter and claiming for the discovery. That, I think, I should 
 leave to her liberality, and if you were afterwards dissatisfied Avith 
 the amount, you coidd say so." 
 
 On January 26th, 1865, the defendant Avrites to Mr. Ciibitt the 
 following letter, which is characterised by most of the peculiarities of 
 the defendant's Avriting. " Mr. Cubitt Sir Mr. Gibbes has shown 
 me a letter in Avhich you state you have receved. Ncavs. of great 
 imporance from my Mother I requested Mr. Gibbes to Avrite to 
 you. To knoAv if the Ncavs you allude to is merely my whereabouts. 
 Or any think connected with the Estates I believe He has receved 
 an ansAver from you. But has not sort proper to let me knoAv your 
 answer. Mr Gibbes has no doubt made it knoAvn to you that I have 
 AATote to my Mother though him. I Avish you to let me know What 
 poAver my Mother has envested you Avith. or Aveather you have 
 received any advances from her If you have not. let me knoAV what 
 your charges are for advertisements and cr are" — a singular way of 
 Avriting "et cetera" — That I may settle them before leaving the 
 colonoly. Has most likely on recept of ansAver to my letter I may 
 proceed to England via Melbourne. I dont Avish my Name or title 
 to be knoAvn in Wagga. therefore Address your letters to T. C. post 
 office Wagga Wagga. You have no need to let Mr. Gibbes knoAv 
 that I have Cummucated Avith you. He seemed not to Avish me to do 
 so. For Avhat reson I dont know. But most likely I shall find out 
 yours truly Roger Charles Tichborne." 
 
 On the 15th of February Mr. Cubitt Avrites again to Lady 
 Tichborne : " My dear Madam, — In my last letter to you I com- 
 municated the fact that the search after your son Avas progressing 
 satisfactorily. Since then I have had letters fi-om my agent at 
 Wagga- Wagga and one from your son. The latter I enclose. From 
 the tone of the correspondence from Mr. Gibbes, and from statements 
 contained in your son's letter, it appears to me that an attempt is 
 being made to deprive me of the emoluments dependent upon the
 
 ( 473 ) 
 
 success of my search ; but 1 desire to remind you that by my instru- 
 mentality alone has the discovery been accomplished;" — that is to say 
 he put the advertisement in the paper — " my agent having found 
 Mr. Tichborne through the means which I adopted for the purpose, 
 and that it would be unjust towards me to recognize any other than 
 myself in the transaction. Already I have been put to a very great 
 expense" — he should have said the expense of the advertisements — 
 " and for whatever assistance I have received it is my province to 
 compensate my servants in the transaction, and not theirs to make 
 any claim upon you. Mr. T. is resolved upon maintaining his in- 
 cognito, and is so anxious to avoid the chance of a recognition, that 
 he will not throw off the disguise Avhile in this colony. Mr. Gibbes, 
 in his letter to me of January 27th, ^66, says, ' Mr. Tichborne has 
 written to his mother by last mail for a considerable remittance, and 
 has mentioned matters that will prove his identity beyond doubt.' I 
 am not aware of the contents of this letter, but if you be satisfied 
 with it, it will at least convince you of the earnestness of my search, 
 and of the entire truthfulness of all the statements contained in my 
 correspondence. Circumstances have come to my knowledge which 
 convince me of the danger of entrusting any funds to the immediate 
 charge of your son. Engaged in a menial capacity, invohed in debt, 
 and unable to leave the colony until these liabilities are settled, to 
 say nothing of a most extraordinary indifference to take up his 
 proper position in society, you may rest assured that a sudden 
 acquisition to status and independence may have dangerous results if 
 funds be placed at his unlimited control, and I most seriously advise 
 you, if you attach any value to the return of your son in the midst of 
 his family, not to throw away the only chance of securing such a 
 desire. I am prepared to carry out all your wishes and ' fetch him 
 to Paris,' but all attempts to do so will prove abortive if you listen 
 for a moment to the application from your son to supply to him the 
 funds for his return. From my remarks you may suppose I keep 
 something concealed. I do not deny it, but I am in many points 
 pledged to secrecy for the present. In due course you will know all, 
 but statements in detail at the present moment Avould probably 
 induce your son to remain where he is, and after having thus far 
 been successful, it is my aim to consummate your wishes in their 
 entirety with satisfaction to you and with honour and reward to 
 myself." Then he says as a postscript: "I think any money you 
 send should be placed in the custody of the bank or some responsible 
 party, with instructions to them and to me." It is obvious that 
 Mr. Cubitt was alarmed lest the further management of the affair 
 should be transferred from himself to Mr. Gibbes, 
 
 Next comes a letter of the Dowager Lady Tichborne to Mr. Gibbes 
 in answer to his letter of the 18th of January : " Your Avelcome letter
 
 (• 474 ) 
 
 reached me only yesterday. I had been anxiously expecting it. I only 
 regret that there is no more details about my dear son's circumstances, 
 and I feel much grieved at the idea they may be very bad. I am anxious 
 to know more about it. The only thing is that if roger would consent 
 to say who he is to a banker, I am almost certain the other would 
 advance him money. ISIy opinion is and also my Avish is that you 
 should go immediately to speak yourself to my son and arrange the 
 things personally with him, so that you may start to come to join me 
 immediately, a thing of that sort ought to be done instantly and 
 without losing a moment in deliberations, as if Roger has contracted 
 some intimacy thei'e, they Avill perhaps do everything in their power 
 to keep him there and prevent him from coming over to me. I think 
 it will be necessary that you should accompany him till you have 
 brought him safe to my hands ; that is I think absolutely necessary. 
 I am going to send you a cheque for 40/., Avhich I will ask 
 Mr. Callaghan to forward to you, as I suppose he knows some 
 bankers at Sydney, you will then have money enough and even more 
 than you want to go to see my son, as I am told conveyances are not 
 so expensive there as in England. As Mr. Callaghan will advance 
 me the naoney and more if necessary, I find it is necessary to tell 
 him my object in sending money over to Sydney, he is a friend of 
 the family and knows all about my son and his very strange dis- 
 appearance. The secret" — she translates here from the French, and 
 uses the phrase "the secret" for " secrecy" — "the secret that I Avish 
 to keep is only of course till I can either speak or write to roger 
 myself, and my reasons for doing so you will very Avell understand if 
 I Avas to mention them in this letter ; but of course the secret that I 
 recommend will only be for 5 or six months, but as for the rcAvard 
 and all the expenses you need not ha\^e a doubt of course from the 
 income that Roger has a right to have. He has unfortunately lost 
 his poor father ; had he been there he Avould liaA^e come to an income 
 of at least 12/. thousand a year and even twenty, besides that it Avill 
 increase later; there has been of course difficulties after his dear 
 father's death, hoAvever when he comes he A\dll have a very fine 
 revenue, therefore it is something Avonderful to me his remaining hid 
 under a feigned name I do trust and hope that you Avill succeed in 
 bringing him OA'er to me as soon as possible, there is a man of colour 
 at Sidney who coidd tell you hoAv the family stands, his name is 
 Bogle and is quite black, roger knoAVS him very Avell, he was valet to 
 Sir EdAA'ard Doughty uncle to Roger and he lives noAV at Sydney. 
 Sir edward doughty Tichborne left him 50/. a year and Avith his 
 savings he can live at Sydney he says pretty well. I do not know 
 his address at Sydney and only know he lives there but I am afraid 
 that man as soon as he has seen roger will AA^ite it back to England 
 immediately and I am afi-aid of the consequences which Avould be bad
 
 ( 475 ) 
 
 if not attended to. I am very sorry indeed that you did not go over 
 to my son as soon as you received my last letter as letters being so 
 long a time coming it makes that business go very slowly Still you 
 may conceive Iioav desirous I am to see my son. I believe I said in 
 my last letter everything that can be said on the subject and I beg 
 you to be so good as to read it over again. I will again remind you" 
 — Gentlemen, I ask your attention to this passage ; it may be 
 important by-and-by, Avhen we come to another subject — " I will 
 again remind you of the necessity to ascertain whether Roger has 
 some j)articular intimacy or whether he is married and has children, 
 it is a very necessary thing to know." — Does that imply the possi- 
 bility or the impossibility of marriage and having children? I leave 
 you to judge — " I will write a letter to him, you will be so good as 
 to give it him and ask him was it only for your own personal satis- 
 faction and answer it immediately I hope and I am almost sure he 
 will follow you here immediately when he knows I am expecting him 
 and that his poor dear father is no more, as for the money you need 
 not have the least fear as everything will be repaid to you, only the 
 business ought to get on and not stand still as it does now and I 
 cannot help repeating once more what I said in the beginning of this 
 letter that I regret very much your not having gone up to my son 
 immediately after you received my last letter. The 40/. that 
 Mr. Callaghan will forward to you are to pay for the expenses of 
 your joui'ney up to him and also to pay his journey back to Sidney 
 where I suppose he Avill go before leaving Australia, but you know 
 better what plan you must follow and how you are to act to bring 
 him to Paris as soon as possible when he has written to me and that 
 there is some proofs of his intention to come to join me I have no 
 doubt Mr. Callaghan will more easily advance the money, either 
 him or my solicitor in London, but of course it is more difficult as 
 long as there are doubts about him. With fervent hopes that this 
 very important business may succeed I remain sincerely yours, 
 when you see him you may remind him that he promised his poor 
 father to come over to be my protector if he was to be taken from 
 this world." You observe that in this long letter she gives, from 
 the beginning to the end, no trace whereby her son may be identified. 
 The thing goes on ; and in the month of March "we find the 
 defendant in very serious difficulties. He had given up his employ- 
 ment at that time, and was doing nothing, and w^as without ftmds ; 
 and he writes thus to Mr. Gibbes : " Wagga-Wagga March 14tli 
 Dear Sir — My reason for writing instead of seeing you personaly is 
 I am really ashamed of trubling you so often. Your kindness to 
 me Will be remembered more than a Medal of Honor on my breast. 
 What I wish to consult you about is this, my being Idle is drawing 
 remarks from many And Avhat to do I no not I dont wish to leave
 
 ( 476 ) 
 
 the Town before we receve our letters from mother Which I hope 
 will not be Ions; first. But how to live in the meantime is Avhat 
 trubling me. I paid the Baker with part of the Cash You where 
 so kind to lend me I do not Avish to impose on your good nature 
 for more cash. But Avhat I wish you Avould do is to speak to one of 
 the storekeepers to let me have what necessaries I would require for 
 the House If you think you could do so with safety. I would rather 
 it be Mr. Forsyth if anywhere. I expect Mrs. Castro Avill be con- 
 fined before Saturday. And believe me Sir I am more like a 
 Manick" — I suppose he means a maniac, but he has left out the " a " 
 — " than a B of B. K" — that has been interpreted to mean a Baronet 
 of the British Kingdom — " to think that I should have a child born 
 in such a hovel. I Remain Dear Sir your Truly Roger Charles 
 Tichborne." Imagine a man with 20,000/. a year reduced to such 
 circumstances — to the necessity of Avriting such a letter as that ! We 
 have here the culminating point of these twelve years in Australia — 
 a life of toil and labour, of Avanderings Avithout certain or fixed 
 employment, an unsettled life Avithout house or home, of serAale 
 employment, of attempts at trade folloAved only by failure, of harass- 
 ment, distress, and painful privations. IIoav can one understand it ? 
 One naturally asks oneself the question — it may be capable of a 
 solution favourable to the defendant — but as rational, thinking men, 
 Ave cannot avoid the question AA'hich forces itself on our attention — Is 
 it possible that a man, Avith all the means of enjoying life Avhich 
 affluence gives, could thus A^ohmtarily submit to self-imposed exile, 
 homelessness, penury, and privation? What explanation is attempted 
 to be given ? The flighty theories of the learned coimsel for the 
 defendant Ave have already passed in revicAV. They are hardly Avorthy 
 of criticism, they are like bladders bloAvn by a child in childish sport, 
 AA'hich haA^e only to be grasped to disappear. What does the defen- 
 dant say? I must say I prefer his manly, simple explanation to the 
 gossamer theories of his counsel. He says : " I had made up my 
 mind that I Avould not return to England AA^iile my father was alive." 
 I have called your attention to the correspondence fi^om South 
 America, and especially to those passages Avhich relate to any inten- 
 tion on the part of Roger of staying abroad or returning. I certainly 
 can find none AA^hich Avould imply that he ncA^er meant to return so 
 long as his father Avas alive ; the utmost that it comes to is that he 
 Avould not go to live at Tichborne so long as his father AA'as aliA^e, on 
 account of the domestic differences Avhich existed betAveen father and 
 mother, and in Avhich, AAhen at home, he found himself mixed up as 
 an unAvilling party. There are passages Avhich imply that he would 
 not live at Tichborne, but none that he did not intend to come back 
 and enjoy the income, Avhich Avas his own independently of his father. 
 One has a difficulty to understand hoAv, if the defendant is Roger, he
 
 ( 477 ) 
 
 not only submitted so long to this sort of life — a life of poverty and 
 privation — having all the while an income of 1,000/. a year Avhich 
 he does not condescend to touch — but also remained careless all 
 the time as to Avhether his father was alive or dead, the fact turning 
 out, in the result, that he is going through this life at a time when 
 the father had been dead for several years, and he had thus become 
 entitled to all the advantages Avhich his rank and position and the 
 ownership of large estates would give. That is a matter for you to 
 consider. I do not say the thing is impossible. It may be that 
 eccentricity, or some motive which I have failed to discover, may 
 have led the defendant to adopt this course, and to be indifferent Avhe- 
 ther his father Avas alive or dead — may have led liim voluntarily to 
 embrace a life of this sort, to renounce society and all its advantages, 
 to give up fortune and the enjoyments it brings, and continue in a 
 sphere of life so apparently undesirable, till dragged from obscurity 
 and induced to take his proper position only by the interposition of 
 Mr. Gibbes. The matter may possibly be so \aewed by you ; but 
 you must consider whether you think that is a result at which you 
 can satisfactorily arrive. 
 
 On the 19th of March the defendant's wife is delivered of a daughter, 
 and he writes to Mr. Gibbes: "Dear Sir, — All's over. A girl. Both 
 doing well. Nurse would not come without three pound down. Ob- 
 lidge by sending two pound under cover by the bearer. — Yours trvdy, 
 K. C. Tichborne." 
 
 A daughter having now been born, as the foregoing letter sIioavs, 
 the defendant has her christened by the names of Mary Agnes 
 Theresa. Noav the names of the lady whom Alfred Tichborne mar- 
 ried are Theresa Mary Josephine, and it strikes me as an odd coin- 
 cidence that out of the three christian names which the defendant 
 gives his daughter, two should be those of the brother's widow, more 
 especially as the name of Theresa is an uncommon one. The coinci- 
 dence is the more remarkable since, as Alfred did not many till 1861, 
 long after Roger left, Roger could not have knoA^m who the wife was 
 or what were her names. The names of Alfred's Avidow are, it is 
 true, stated in the ' Illustrated Ncavs,' in the account given of Alfred 
 in the Obituary. Whether the defendant found them there, and 
 adopted them as family names, or lighted on them accidentally, can 
 of course only be matter of conjecture. But the coincidence may tend 
 to strengthen the belief that the defendant may have seen the account 
 of the family in the ' Illustrated Ncavs.' 
 
 On the 28th of the same month, the defendant Avrites again to 
 Mr. Gibbes for money : " Dear Sir, — I should haA'e come to see you 
 to-day. But unfortunately I got a slight Tuch of a Sun stroke 
 yesterday afternoon crossing the racecourse. And am not able to 
 hold up my head to-day. I have no doubt you think I am draAving
 
 ( 478 ) 
 
 too mucli Cash. When I ask you for five pound more. But there 
 ware so many things I could not do without for I would not like my 
 Child to have been born wanting any think. But I Avill try and 
 manage without drawing any more for some time. If you will 
 oblidge by sending five pound by the bearer. I want to see you about 
 the regeratering of the Child as soon as I can get down. — Yours 
 truly R. C. Tichborne." The word " register," which occurs again 
 hereafter, is a stumbling block to the defendant. 
 
 I must next draw your attention to another somewhat remarkable 
 letter. There was a man of the name of Cater, who carried on the 
 business of a baker at Wagga-Wagga, and he was about to come to 
 Eno-laud. He receives from the defendant a letter indorsed " To be 
 open when at Sea." The letter is in these terms : " Wagga Wagga 
 April 2./G6. Mr. Cater At any time wen you are in England you 
 should feel encliued for A Month pleasure Go to Tichborne in 
 Hampshire Enquire for Sir Roger Charles Tichborne Tichborne. 
 Hall Tichborne And you will find One. that will make you A 
 welcome Guest But on no account Memsion the name of Castro. 
 Or alude to me being a Married Man. Or that I have being has A 
 Butcher You will understand me I have no doubt Your truly 
 Thomas Castro. I sail by the June Mail." It is plain, from this 
 letter, as well as from Mr. Gibbes's statement, that the defendant 
 desired to conceal two or three things ; one that he had assumed and 
 had gone by the name of Castro ; another that he was married ; and, 
 thirdly, that he had been engaged in the butchering business. It is 
 clear that he wished to leave the colony without its being known that 
 he was about to claim the name and title of Tichborne. He had 
 originally contemplated leaving his wife behind and concealing his 
 marriae-e. What could be the motive for concealment in these 
 respects ? First, as to his having been in the butchering business. 
 No doubt it was improbable, at all events at first sight, that a man 
 of rank and fortune should become a stock-keeper and afterwards a 
 horse-dealer, and afterwards a butcher's man. At the same time there 
 was nothing discreditable in it. If a man is in circumstances which 
 require him to find some means of earning a subsistence, so long as 
 he follows an honest calling, there is nothing disgraceful in it. Still 
 one can quite understand that, inasmuch as it is improbable that a 
 man of rank and fortune would adopt any servile calling as a means 
 of subsistence, it might strike the defendant that it was desirable to 
 leave the colony without it being knoAvn that he had condescended to 
 a social degradation of such a sort. He may have thought that 
 people might not be likely to believe in him if they knew these cir- 
 cumstances ; and even that the Dowager Lady Tichborne, Avith all 
 her anxiety to find her long-lost son, might be a little staggered if 
 the whole of his life in Australia Avere brought to her knoAvledge,
 
 ( -^79 ) 
 
 which, by the way, it does not appear ever to have been. If in the 
 course of his various ramblings, he had come into contact with per- 
 sons who had known liim by the name of Castro, or some other 
 assumed name — for he says that he went by another name at another 
 time— or who knew him by the name of Orton, he may have thought 
 that some of these persons might afterwards prove troublesome to 
 him, either in the interest of justice or in the hope of obtaining some 
 reward. Such thoughts may have passed through his mind. On 
 the other hand, it may have been simply a sense of false pride. 
 He may have said to himself: " 1 do not choose, when I take my 
 position as Sir Roger, and appear in the world again as a man of 
 rank and fortune, that anybody should know I have condescended 
 to employments not consistent with my proper station, and to which 
 I certainly should not, if I had taken my proper rank in the world, 
 have condescended to degrade myself." It may have been simply 
 false pride, or that, knowing himself to be Roger, he naturally felt 
 that those circumstances would militate against his being received 
 by the w^orld, and seriously interfere with the prospect of making his 
 claim good. Again, with regard to his marriage, it is quite clear, 
 from that letter to Cater, in which he desires him, if he comes to 
 England, not to reveal the fact that he w^as a married man, that he had 
 intended, up to the month of April — though he changed his mind 
 afterwards — to conceal his marriage. Now, what could be the 
 motive for that? It is not possible to solve that at once to one's 
 satisfaction. It may have been that he thought it would very much 
 detract from the credit people woidd give to his assertion that he was 
 Roger Tichborne to find that he had married one so very much 
 beneath him in station and position, and might lead them to say, 
 " Roger Tichborne never covdd have done that." He may have been 
 conscious that it would be seriously to his disadvantage ; and, there- 
 fore, have desired in the first instance to conceal the fact of his 
 having made such a marriage. But while we may in candour admit 
 thus much, on the other hand one cannot shut one's eyes to the fact 
 that, if this was so present to his mind at this period, it would have 
 naturally suggested itself to his mind when he made that marriage. 
 He may also have thought that such a marriage would indispose 
 Lady Tichborne to receive him as her son ; and, therefore, may 
 have desired to conceal it from her ; and although such a conceal- 
 ment woidd be a very dishonourable thing between a son and a 
 mother, yet it may have determined him to adopt that course. He 
 seems, however, afterwards to have made up his mind to take his 
 wife with him. Probably, whatever may have been his intention on 
 the subject at the time of his writing to Cater, his feelings as a man 
 and a father afterwards got the better of his judgment, and he deter- 
 mined, let the consequences be what they might, to take his wife and
 
 ( 480 ) 
 
 cliild to England ; and he did so. Certainly that is an infinitely 
 more probable conclusion to arrive at than the one suggested by the 
 learned counsel for the defendant, which is, that he knew his mother 
 would not believe in the possibility of his being a husband and father, 
 and therefore desired to conceal his marriage from her, lest it should 
 produce in her mind a disbelief in him. 
 
 At this date Mr. Cubitt began to think it Avas time that thinijs 
 should be progressing, and he thinks it necessary to stir up Mr. 
 Gibbes, and he writes to him thus: "April 18th, 1866. My dear 
 Sir, — I have kept thus long silent respecting Roger Tichborne, in 
 anxious expectation of hearing from his mother, and receiving the 
 promised reward ; this mail a letter came, but no money, explaining, 
 however, the cause, namely, inability on her part, and stating that it 
 must be paid out of the estate, which she cannot touch. She again 
 says the reward Avill be very handsome, begs there may be no further 
 delay, and insists upon my taking him to Paris. She no longer 
 solicits secrecy in the matter. Things have now arrived at such a 
 position that you must no longer remain silent, but aid me in bringing 
 this search to a conclusion. I have promised you your share of the 
 spoil " — an unpleasant expression — " and as we are both interested 
 we must both work together. I have no doubt in my mind that our 
 efforts Avill be repaid, but if you have really got the right man, both 
 he and you must, as far as is necessary for the purpose of identity, 
 throw off the mask. Please let me hear from you by return of post, 
 and oblige, yours truly." But Mr. Gibbes, who had got the man in 
 hand, and who Avas (to use a modern phrase) master of the situation, 
 was by no means disposed to hand him over to ]\Ir. Cubitt ; he is 
 determined to keep him, and that the merit of discovering and 
 restoring him to his fond and expecting mother shall be his, and so 
 he leads Mr. Cubitt to suppose that Roger is not residing at Wagga- 
 Wagga, where Mr. Cubitt might some morning have arrived and 
 possibly found him, and gives him to understand that he is living at 
 some distance ; so he writes, '' I rode over to Sir R. on receipt of 
 your letter. He has Avritten home for money to take him home and 
 leave a balance for other purposes — Ave Avrote via Marseilles, and 
 unless Lady T. AA^as out of the Avay, or the mail delayed, Ave shall 
 hear by next mail. He AArote in such a Avay as to convince his 
 mother of his identity, but in order to provide against anything hap- 
 pening to him Ave are going to have scA^eral photographs taken of him 
 in different positions, so that the relatives may recognise him. He 
 has not the slightest doubt of the executors sending him money 
 immediately " — Who on earth he could mean by " the executors " I 
 do not knoAv. It Avould look as if he Avere taking something under 
 his father's Avill, otherwise there could be no executors. The exe- 
 cutors of his OAvn will Avould be paralysed the moment they heard
 
 ( 481 ) 
 
 that Sir Roger Avas forthcoming ; and there was no loose personalty 
 available inider his will, nothing but the income of the estates, which 
 was directed to be applied In a specific way ; so that there could be 
 no funds in the hands of his executors apjilicable to such a puqiose at 
 all — " so things must remain in statii quo until the arrival of the May 
 mail, which he awaits with some impatience. But If it should by 
 chance not bring the required cash, do I imderstand you to mean 
 that you arc prepared to advance the money for his passage and 
 outfit ? But I am sure the money will come by the June mail. 
 Please answer my inquiry, as I could, perhaps, then start him at 
 once, in case we don't get money next mail. He won't go by any- 
 thing but the overland mail, and will sail in his right name. He 
 purposes returning to the Colony." Mr. Cubitt answers, " May 2nd, 
 1860. My dear Sir, — I thought that my last letter to you would 
 have Induced you to be more candid and explicit in your reply. I 
 enclose herewith a letter for Mr. Tichborne from his mother, which 
 you will be good enough to deliver. Lady Tichborne assures me 
 that it is impossible for her to advance the money for his passage 
 home, but that I must fetch him, and that the expenses, together 
 with the reward, will be paid me at Paris. She has promised to 
 send me out of her own resources the means to get him to Sydney, 
 and says she can do nothing more, as Sir Roger's estate cannot be 
 touched in his absence, as the executors have at present declined 
 doing so in the absence of satisfactory identity. It appears, there- 
 fore, it will devolve on me to take him home. The mode of transit 
 to England must be suited to my own convenience, but, of course, a 
 passage suited to his position in society will be provided, and the 
 speediest mode, with a due regard to economy, will be availed of." 
 To that Mr. GIbbes answers by telegram : " Send twenty poiuids,. 
 telegraph or letter, he avIII start immediately. Reply by telegraph." 
 Mr. Cubitt replies by letter on May the 8th, " I was somewhat sur- 
 prised at the character of your telegram. You persist In a system of 
 perfect secrecy, and at the same time expect me to advance any and 
 all moneys that may be required to secure the departure of some one 
 supposed to be Sir Roger Tichborne. What evidence have I of 
 this ? " — That is true, but then Mr. Cubitt had been writing to the 
 mother stating his belief in his identity — " You alone seem to be sure 
 of the prize, but I must be equally convinced, and as all the respon- 
 sibility rests upon my shoulders, can you reasonably expect that I 
 could run such a risk without seeing my way clear ? At present I 
 have not received one shilling from Lady Tichborne, and until I 
 have some tangible safeguard I cannot think of incurring further ex- 
 pense. The tone you have adopted throughout evidences a feeling 
 of suspicion entirely uncalled for, and so long as you persist in this 
 
 I I
 
 ( 482 ) 
 
 course you must expect similar caution on my part. — I remain, youra 
 truly, A. CuBiTT." 
 
 Now come two letters certainly deserving of the utmost attention. 
 They are two letters written by Lady Tichborne after she had re- 
 ceived fi'om Mr. Cubitt the assurance of his conviction that her son 
 was found, and a copy of the letter from ]\Ir. Gibbes, in which he 
 said that he had " spotted " him, and was sure he was the man, but 
 prior to the receipt of the defendant's letter of the 16th of January. 
 The first is a letter marked by the utmost prudence and sound judg- 
 ment, as that of one who though, as a mother, she felt every anxiety 
 to find her long-lost son, and the strongest disposition to believe in 
 the fact of his discovery, still thought it necessary to act with some 
 caution, and to require proof before she rushed precipitately into a 
 course of action foimded on the assumption of identity. This is the 
 letter to Mr. Cubitt, which I will read to you before I read the letter 
 to her son, or supposed son ; and you will doubtless be astonished at 
 the contrast between them. "25th February, 1866. My dear Sir, 
 — I did not answer your letter immediately as I wanted to arrange 
 with my Banker Mr. Callaghan how to send you 40/. but he has no 
 coiTespondent at Sydney, I must apply to an english banker, those 
 40/. are meant to pay your journey where my Son is and also to pay 
 his own journey doAvn to Sydney I cannot send more at present but 
 I repeat once more that you cannot have any doubt as for what 
 regards the payment of the promised reward which will be very 
 handsome and in proportion with the very great happiness I shall 
 have to see my beloved son again but that reward will be paid out of 
 the estate " — Now observe — " at the same time you must not wonder 
 if the money is not paid before hand, the more so as you do not give 
 any details whatever about the person you believe to be my son, you 
 do not name even the Town where he is and you do not say anything 
 about the way he was saved from the shipwreck " — These are obser- 
 vations which it was quite natural to make, for the first thing upon 
 which explanation would, of course, have been expected was, how it 
 happened that everybody else, so far as Avas known, having perished 
 Avhen the ship went down, he alone had been saved from the general 
 disaster — " I should like you to go immediately to see him, as it is 
 absolutely necessary, and also it is equally necessary that you should 
 accompany him to Paris, where I am, as I am afr'aid if he has formed 
 any acquaintances they will prevent him fi'om coming back again. 
 I beg you once more not to spare any pain or trouble to succeed in 
 this delicate affair as the reward will come in time and you will have 
 nothing to regret, only the business must go on and not remain at a 
 standstill, as I am afr'aid it does now ; besides that I cannot pay 
 beforehand, and before I see my o^vn son again, and I think you
 
 - ( 483 ) 
 
 ought to hurry, as we can never answer for ourselves, the secret I 
 mentioned in my other letters is noAv almost at an end at least so far 
 as it regards Roger's safety as it was on account of some creditors ; 
 who noAv cannot do anything and therefore the secret is not so 
 necessary " — We have had no solution of what that meant, and 
 I can offer you none ; none of the facts that have come to my 
 knowledge enable me to sviggest any solution of what that meant 
 — " but I will explain all to you Avhen you come with my beloved 
 son. You have now in yovn- poAver to do a very good affair for 
 you and I trust you will go through it I wall explain everything 
 to my solicitor in London and he w^ill forward to you 40/. to pay 
 the jouniey expenses of both you and my son down to Sydney I 
 cannot do more at present but later when the things are explained 
 to me and when I know more about my son of course the money 
 will not be wanting; but now you have not said anything at all 
 about my son and I hardly know anything of the person you may 
 sujopose may be my son I Avill send you a letter for him and I shall 
 expect an answer from him as I know his handwi-iting very well 
 I shall know at once whether it is him In hopes to hear from you 
 and also in hopes to have more details about my beloved son 
 I remain sincerely yom-s h. f. tichborne. I will ask you to be so 
 good as to read my last letter over again I believe I said all that 
 could be said on that subject, it is necessary to know whether roger 
 is married and whether he has children. I will thank you to send 
 your letter under envelope or rather to Lady Tichborne to the care 
 of Messrs. Callaghan and Co France 40 Rue Neuve des Mathurins 
 Paris fi-ance. Allow me to recommend you once more to make 
 haste and go on Avith that delicate business, as we never can answer 
 for ourselves and let me have a letter from my son as soon as pos- 
 sible. Of course I suppose you will start to see him as soon as 
 you receive this letter as if something Avas to happen to me Avhat 
 Avould become of the whole affair, that is to say it Avould perhaps 
 throAV difficulties in the way." A very sensible letter: You ask me 
 for money; I send just enough to enable my son to come to Sydney; 
 I cannot send more until I know more about him ; you have not 
 given me any details, not even those that relate to the Avay he Avas 
 saved fi-om the shipwreck, and I must have those before you can 
 expect me to do anything more. Noav it is difficult to believe that 
 the lady who wrote that letter to Mr. Cubitt, so marked by good, 
 sound, common sense, should, Avithout any more information upon 
 the subject of her son, on the very same day on AA'hich she wrote that 
 letter, and probably with the very same pen, have Avritten to the 
 defendant acknoAA^leddng him as her son in the most unreserved 
 terms : — " My Dearest and Beloved Roger, — I hope you Avill not 
 refuse to come back to your mother avIio is still living. I have 
 
 I I 2
 
 ( 484 ) 
 
 never lost the hope of seeing you again in this world. I have had 
 the very great misfortune to lose your poor dear father ; and lately 
 I have lost my beloved son Alfred, I am now alone in this world of 
 sorrow, I hope therefore that you Avill take that in consideration and 
 that you Avill come to join me as soon as possible, you need not be 
 afraid about the money as you will have all the money necessary to 
 pay your expenses, only come to see your lonely mother and re- 
 member the promise you made to your dear father before going 
 aAvay that if God called him to himself that you would then come 
 back to be your mother's protector, and you promised him to come 
 back certainly in that melancholy case, and now that your poor dear 
 Brother is dead, I have nobody to look to but you. I trust my 
 beloved roger that you will come back immediately and all the 
 money required to pay your expenses will be soon found, only wTite 
 to me and give me some detail about yourself" — She might w^ell ask 
 for that — " You know that if you let a banker know that you are 
 Sir roger tichhorne they will advance you the money necessary. If 
 you do not like to do it, at least write to me all about yourself, and 
 let me know the w^ay to send you the money with safety, it will 
 however be the longest way and take more time, than if you Avill 
 consent to let your banker knoAV Avho you are, it Avovild certainly be 
 the shortest way as letters are so long coming, this is my address 
 where you can send your letter Lady tichborne to the care of 
 Mr. Callao-han & Co. 40 rue neuve des mathurins Paris and he Avill 
 forAvard it to me. and noAV Adieu my beloved son, my dearest 
 roger, write to your poor mother who is so thoroughly unhappy at 
 the losses I have had to bear, and AA'hose only happiness and conso- 
 lation Avill be to see you again." Xoav there you see is the most un- 
 qualified, unreserved acknoAvledgment of this supposed son, Avithout 
 her having received any details, or even, at that time, the letter con- 
 tainino; the reference to the broAvn mark and the Brio-hton card case. 
 I could liaA'e understood if, at once convinced by the communications 
 she had received fi'om Mr. Cubitt and Mr. Gibbes that this was her 
 long-lost son, she had Avritten that letter in the outpom-ing of a 
 mother's yearning desire again to see her son, and under the con- 
 viction it Avas her son ; but I OAvn that I am astonished at the state 
 of a person's mind aa'Iio can Avrite a business letter to an agent saying, 
 *' I am not going to send money before I haA'C more details to satisfy 
 me that he is my son," and at the same time Avrite a letter to the 
 supposed son in AA'hich she acknoAvledges him in such an unqualified 
 way as is shown by that letter. 
 
 These letters were received by Mr. Cubitt by the 18th of April. 
 On that date he AA^ote to Lady Tichborne, " I am in receipt of your 
 letter dated February 25th, and regret that its contents are not more 
 satisfactory. In the first place the 40/. mentioned as having been
 
 ( 485 ) 
 
 forwarded to mc through your solicitor did not reach me, so that 
 I am still Avithout any funds to reimburse me for expenses already 
 incurred, which amount to more than this sum, and in the second 
 place I am not in a position to advance the sum requisite for the 
 outfit and passage of your son and myself to England. I cannot see 
 any difficidty in the way of making provision for this expense ; 
 I have repeatedly stated, Avith a view to securing yourself against 
 imposition, that I have no desire to touch the money (beyond what 
 I have actually spent in the search) until the identity of your son is 
 positive ; and your banker in Paris can authorize the payment 
 through the French consul here or through any merchant in Paris 
 who has constituents in Sydney. I may mention one who w^as for 
 some years in this city, Mons. Vial D'Aram, Avhose agents here are, 
 I believe, INIessrs. G. A. Lloyd & Co. For my OAA^n sake, as well 
 as for yours, I am most anxious to bring the search to a conclusion, 
 but until funds are provided, the matter must stand in abeyance, and 
 I should state that to my mind no difficulty can exist, if Mr. Roger 
 Tichborne be the heir to the estates, in obtaining sufficient money to 
 restore him to his proper position. I took the precaution to inclose 
 in a former communication a letter supposed to come from your son, 
 and as you say you could recognise his handwriting, you will at least 
 be able to satisfy yourself in this respect ; I have at present no 
 details as to Iioav he was rescued fi'om shipAvreck, but have been 
 informed that he Avas making a voyage from Pio Janeiro, Avhich so 
 far corresponds Avith your account. I have seen in a ' Home Xcavs ' 
 of 1862, amongst ' Wills and Bequests,' that of your late husband, 
 in AA'hich it is mentioned that your only son aged 22 loas the heir. 
 This, I suppose, Avas in the presumption that INIr. Roger Tichbome 
 was not alive at the time. I Avill take the earliest opportunity of 
 delivering your letter, but this must either be done personally or 
 through the agency of one in Avhom I can place the utmost reliance. 
 You may depend upon my continued exertions in this affair, but the 
 result in a great measure depends upon yourself." 
 
 The letter to the defendant was kept for some time by Mr. Cubitt, 
 apparently OAving to his having had the intention of going himself to 
 Wagga-Wagga, AAdiich intention, hoAvcA^er, he aflerAvards gave up, 
 AAdiereupon it Avas sent enclosed in the last letter from INIr. Cubitt to 
 Mr. Gibbes, Avliich I read. Then Mr. Gibbes takes it to the defend- 
 ant, and he gives us an account of the scene that then took place, and 
 at first gave us to understand that the defendant, on the receipt of 
 this letter manifested his emotion by tears. On cross-examination 
 Mr. Gibbes is asked : " When he read it " — that is, the letter — " did 
 not his eyes fill with tears ? — I will not say his eyes filled with tears, 
 but he looked rather as if they Avere watering ; I thought his eyes 
 were Avatering, as far as I could see; as you may Avell imagine, you
 
 ( 486 ) 
 
 do not stare at a man under those circumstances ; you look away 
 from liim " — Well, tliat is very considerate, and I give Mr. Gibbes 
 credit for it — " Q. You may see Avhether the eyes fill with tears, or 
 whether they do not? — I will not call it 'filled with tears,' but his 
 eyes appeared to have Avater in them. Dr. Kenealy : As far as 
 you could see, did he seem to be genuinely sorry at the tidings the 
 letter contained, as far as you could judge ? — I believed so. The 
 Lord Chief Justice : You believed so at the time. Dr. Kenealy: 
 Did he hand you the letter to read after he came to that? — Yes. 
 Q. Did you read the letter aloud to him? — I did. The Lord 
 Chief Justice : You read him the letter ? — He handed me the 
 letter, and I began reading it ovit loud to him. Dr. Kenealy : He 
 read the letter up to that ; then, as you say, he appeared to be sorry ; 
 and then did he hand the letter to you to read it on ? — I don't know 
 whether it was to read it to him, but he showed me the letter ; 
 I read it out loud to him. The Lord Chief Justice : Do you 
 mean that was before he read it through himself? — Dr. Kenealy : 
 My suggestion is, he did not read it through. The Lord Chief 
 Justice : I Avant to see that the witness rmderstands the question be- 
 fore he answers. As I understand it, the Avay Dr. Kenealy puts it is 
 this, that he read as far as the account of his brother's death, and then 
 he was overcome, and he handed you the letter." Then there is a 
 pause, and Dr. Kenealy asks, " Did he not go behind a tree ? — He did ; 
 he went behind a tree, a sapling. The Lord Chief Justice : What 
 for ? — I presume, to go and read the letter ; that is what I thought 
 he went for. Q. He took the letter away with him ? — Yes. Q. When 
 he came back he handed you the letter ? — He handed me the letter. 
 Dr. Kenealy : Let me see if this was not the way. Did he not 
 read the letter imtil he came to the accoimt of his brother's death ? 
 — I cannot say hoAV far he read the letter doAvn ; I Avas under the 
 impression he had read the letter, and then showed it to me." Then, 
 seeing the di'ift of Dr. Kenealy's cross-examination, the Avitness says : 
 " I must say, most distinctly, he did not appear to be so wonderfidly 
 overcome with emotion as to have stopped at the part as to his brother's 
 death. Q. Did he not go behind the tree when he came to that part 
 of the letter ? — He Avas not sobbing ; he did not burst into tears." In 
 ansAver to Mr. HaAA'kins, aa-Iio asks, " I understand you to say he very 
 soon recovered himself?" the Avitness ansAvers, " Very quickly indeed ;" 
 and he goes on : "I may add this, he had been Avashing himself in a 
 tub of cold Avater before ; it may have been Avashing his face, or 
 scrubbing himself I cannot say Avhether it Avas shedding tears, or the 
 effect of scrubbing AA'ith a good towel. Q. Whether it A\^as the soap, 
 or the scrubbing, or the death of the father or Alfred, there Avas 
 nothing to lead you to a certain conclusion ? — No. Dr. Kenealy 
 asks : Did he not go behind the tree, and then come and hand you
 
 ( 487 ) 
 
 back the letter ? — He did. Q. Did you not read the letter aloud, 
 and did you not read * mother ' in place of ' brother ' ? — I did. 
 Dr. Kenealy : Hearing of his brother's death, did you not then 
 urge him that it was now his duty to defer no longer his going to 
 England, or words to that effect ; I do not pin you down to the exact 
 expression, but did you not tell him there ought no longer to be any 
 hesitation ? " The witness does not answer that, and the thing can- 
 not be other than a mere pretence — and I must denounce it as such ; 
 because the supposition that it was when the death of the brother 
 became known by the letter of Lady Tichborne that Mr. Gibbes ob- 
 tained his consent to write to his mother and to go to England, is 
 wholly inconsistent with the truth, the fact being that intelligence of 
 his brother's death did not come until this letter was received by the 
 defendant, which was not till May, whereas he had made up his 
 mind to go to England in the preceding November, and had written, 
 as far back as the 1 7th of January, to his mother, to say that he was 
 about to come home, and had asked for 400Z. for that purpose. 
 Therefore to suggest that he consented to come forward because 
 Gibbes told him it was his duty no longer to defer going to England 
 in consequence of his brother's death is, I am bound to say, mere pre- 
 tence, because he had already made up his mind, and was only waiting 
 for money for the purpose. Then the witness is asked, " I believe you 
 telegraphed to Mr. Cubitt that you had at last got his consent ? — I 
 cannot speak from memory." — He had told Mr. Cubitt that long 
 before. " Does that strike you as being correct or incorrect ? — It 
 strikes me as being highly probable, but I cannot speak from memory. 
 Up to the time of his going to Sydney, everything seemed to be in 
 his favour." Gentlemen, I never like pretence of any sort, and cer- 
 tainly that is one. I remember a similar thing when the defendant 
 had a conversation with Captain Williamson. When he afterAvards 
 saw Captain Williamson and Colonel Lushington, he told Captain 
 Williamson that he never should have come to England, being satisfied 
 with his condition in the colony, if he had not received intelligence 
 of his brother's death — just the same pretence. It is really nothing 
 more, because, as I have pointed out, he had fuUy resolved on leaving 
 the colony as early as January, and only wanted the fimds for the pur- 
 pose ; if the Dowager had sent them out he would have started with- 
 out reference to his brother's death at all, as he never knew of it until 
 her letter came into his hands, which was not till Ma}'. 
 
 Gentlemen, the Dowager Lady Tichborne, in her correspondence 
 with Mr. Cubitt, had up to the time at Avhich we have an-ived, namely. 
 May, 1866, declined to send any money until she was more fully pos- 
 sessed of the details of her son's, or her supposed son's story, so as to 
 be perfectly satisfied Avith his identity. The defendant then sought 
 to raise money by borrowing it from the Wagga-Wagga branch of
 
 ( 488 ) 
 
 the Sydney Australian Joint Stock Banking Company, which was 
 presided over at Wagga-Wagga by a gentleman of the name of 
 Cottee, and while he was negotiating with Mr. Cottee, through jNIr. 
 Gibbes, he writes his mother this letter : " INIy Dear and Beloved 
 Mother. I receved your note dated 25th Feb. and Avas very glad to 
 hear you where quite well. I was very sorry to hear of poor father 
 and Alfred death." There are one or two peculiarities connected 
 with the defendant's composition to w^iich I should at once call your 
 attention. One of them is the omission of the final " s " in the pos- 
 sessive case, or as we call it in the Latin grammar, the genitive case, 
 which is of constant occurrence. The other is the equally frequent 
 omission of the auxiliary verb " to be " ; sometimes the verb " to have " 
 is treated in a like manner, and is dropped ; the omission of the verb " to 
 be," in the w^ords " is," " am," " are," and so forth, is of very fi-equent 
 occurrence. There is a third peculiarity which is characteristic of 
 his Avriting, which is that, instead of a comma, where a comma is 
 necessary, he commonly puts a full stop, which, as we have seen, is 
 also a characteristic of Arthur Orton. Whether this was fi:om 
 ignorance of the difference between the two stops as a matter of 
 punctuation, or because his comma assumes the form of the flill stop 
 may be uncertain ; but the result is, that we find the full stop to all 
 appearance substituted commonly for the comma : — " My Dear and 
 Beloved iSIother. I receved your note dated 25th Feb. and was very 
 glad to hear you where quite Avell. I was very sorry to hear of 
 poor fixther and Alfi-ed death. I Hardly know my Dear mother how 
 you have borne the suspence of knoAving my fate so long. You must 
 not blame me mother for I believe fate had A great deal to do Avith 
 it."— You remember the eloquent obserA'ations of the learned counsel 
 on this passage. He read it as though he Avas reading something 
 about fate and destiny in a chorus in a Greek play. I do not knoAv 
 if you find anything so sublime in it ; I must say I do not. — " I 
 believe fate had A great deal to do Avith it. I wrote to you on the 
 16th of Jan. for the first time since I been in Australia, you Avill 
 Avonder Avhy I have not Avrote before. But that I Avill tell you myself 
 should God spare my life to reach England. I am trying to get away 
 by the Panama rout AA^iich leaves Sydney on the 15th of June. But 
 I do not knoAV Aveather the Banker here Avill advance me the money 
 or not. My attorney has promice to see him this morning. He is 
 a gentleman and I have no doubt will advance me the money, speak- 
 ing of Mr. Gibbes my attorney, he is the only fi'iend I CA^er had 
 since I been in Australia. But I Avill be able to tell you more of his 
 kindness Avhen I see you. Avhich I hope please God will not be long. 
 I Avatched the last mail, when it arrived with great anxiety hoping 
 to have had an ansAver fi-om you. But I suppose you had not time to 
 Avrite by the mail. Hoping to see you about the 20th of August I
 
 ( 489 ) 
 
 remain your beloved Son lloger Charles Ticliborne." The use of the 
 Avorcl " beloved " here — the j^articiple of the passive verb — is remark- 
 able, and seems to have been adopted owing to Lady Tichborne having 
 addressed him as her " beloved " Roger. No such phrase was ever 
 used by Roger Tichborne in the former letters to his mother. 
 
 Well, Mr. Gibbes was really anxious to get him this money to 
 enable him to go to England, and jNIr. Cottec was not unwilling to 
 ad\'ance it, for Mr. Gibbes by this time had brought himself to believe 
 that the party Avith whom he was dealing Avas the real Roger Tich- 
 borne ; but it Avas possible that the defendant might be lost on his Avay 
 home, or he might die, and then it Avould be inconvenient, in order to 
 get back the money advanced to him, to have to send to England to 
 some unknown person. They Avoidd not know to whom to apply for 
 payment, Avhereas if he made a Avill and appointed executors, the 
 executors could always be resorted to, and accordingly jNIr. Gibbes 
 insisted that he should make a will and appoint executors. Seeing 
 that the money Avas not to be obtained otherAvise, the defendant 
 acquiesces in this proposal, and says, " Very Avell, I Avill make a Avill," 
 and he comes to ISIr. Gibbes' office for the purpose of jNIr. Gibbes 
 taking his instructions and drafting the Avill to be execvited by him ; 
 and jNIr. Gibbes, on his instructions, draws up the Avill, Avhich the de- 
 fendant afterwards executes. There is nothing more remarkable in 
 the AA'hole range of this extraordinary case than this Avill. It is in 
 these terms : 
 
 " The last Avill and testament of Roger Charles Tichborne, of 
 Tichborne, in the county of Hampshire, in England, but at present 
 of Wagga-AFagga, in the colony of Ncav South Wales, Baronet. I 
 give, bequeath, and devise to my Avife, Mary Ann Tichborne, knoAvn 
 in New South Wales as Mary Ann Castro (I having married her 
 in the name of Thomas Castro), her laAvful dower out of my estates. 
 I give, bequeath, and devise to my mother. Lady Hannah Frances 
 Tichborne, in addition to her dower, the AA'hole of my property in 
 Cowes, in the Isle of Wight. I give, bequeath, and devise to my 
 daughter, INIary Agnes Theresa (she being the issue of my marriage 
 Avith my said Avife), the aaIioIc of the Wjonmering estate in Hamp- 
 shire, in England, and also the property at and near Hermitage, 
 in Dorsetshire, in England, inherited by me from my father the late 
 Sir James Tichbonie ; and also my property at and near Ryde, in the 
 Isle of Wight, subject ahvays to the annuity hereinafter mentioned 
 as to the said last-mentioned property, and also all other my property 
 of e\'ery kind over Avhich I have any disposing poAver. And I give 
 and bequeath to Annie Bryant, the daughter of my Avife before her 
 Tnari'iage Avith me, the yearly sum or annuity of two hundred pounds, 
 to be paid out of the rents and profits of my estate at or near Ryde, 
 in the Isle of Wight, during the term of her natural life for her sole
 
 ( 490 ) 
 
 and separate use independent of any husband she may marry, without 
 power of anticipation. I appoint John Jarvis, Esquire, of Bridport, 
 in Dorsetshire, in England, and Lady Hannah Frances Tichborne, 
 at present of Paris, my mother, executor and executrix of this my 
 will, and in case of either of them being deceased or unwilling to act, 
 I appoint Sir John Bird, of Hertfordshire, executor in the stead of 
 such executor or executrix so dying or unwilling to act. And I 
 appoint William Gibbes, of Wagga-Wagga, solicitor, to be guardian 
 of the persons and estates of my children. And in case of his death 
 or inability to act, I appoint Henry Angel, Esquire, of Dorset, in 
 England, to be guardian in his stead. Given under my hand at 
 Wagga-Wagga, in the said colony (in duplicate) this first day of 
 June, A.D. 1866." Signed " Roger Charles Tichborne." Then the 
 will is duly attested. 
 
 Now the Avay in wdiich, no doubt, that will was prepared was this : — • 
 Picture to yourselves Mr. Gibbes, the solicitor, sitting at his desk Avith 
 a sheet of foolscap paper before him, pen and ink in hand, awaiting 
 instructions, and he begins in the usual formal way. " This is the last 
 will and testament, &c., &c., &c." Then he would naturally say, " Now 
 what do you propose, in the first place, to do for your wafe ? I pre- 
 sume," Mr. Gibbes would say, " you will give her her dower." I am 
 not sm:e whether the defendant, w^iether Roger Tichborne or not, knew 
 what " dower " meant ; I am quite sure Roger Tichborne when in 
 England Avould not have known what it meant. Of course he would 
 answer, " By all means, give her her dower." Then Mr. Gibbes 
 writes : " I give, bequeath, and devise to my wife, Mary Ann Tich- 
 borne, known in New South Wales as Mary Ann Castro (I having 
 married her in the name of Thomas Castro), her lawful dower out 
 of my estates." Then, says Mr. Gibbes, " What do you propose to 
 do for your mother ?" " I suppose she has her dower out of your 
 father's estates ?" — " I suppose she has." But it so happens she had 
 not. Lady Tichborne had no dower whatever. Dower is the estate 
 for life wdiich by the common law of England the wife has in her 
 deceased husband's property, provided it was an estate of inheritance. 
 This was an estate for life. Sir James Tichborne had no estate 
 except under the settlement, and the estate he took under the settle- 
 ment was an estate for life, and there was no dower. Mr. Gibbes was 
 not aware that the property was in settlement. I suppose "dower" 
 was transplanted to the colony with the common law of England ; and 
 probably settlements are not much in use in the colony, and the law 
 of dower is of more frequent application than it has become with us. 
 At the same time, I can quite understand that the defendant, not 
 being conversant with law, might suppose that any pro\asion made for 
 Lady Tichborne under the settlement, or under any poAver which Sir 
 James had of making a charge in her favour, might be considered
 
 ( 491 ) 
 
 as dower. And it is true Sir James Tichborne did make, as he was 
 empowered to make, two charges amounting to 2,000/. a year on the 
 Doughty property for the benefit of Lady Tichborne for life. But 
 then that was not known to Roger Tichborne. It was not done 
 until after he left England, and he was not aware of anything of the 
 kind, because in one of his last letters he says, " If no provision is 
 made for my mother, some provision must be made, because I cannot 
 live in the same place with her, and she must have a provision to 
 enable her to live elsewhere." Consequently, that Avould appear to 
 have been a mistake ; she had no lawful dower, nor could Roger 
 Tichborne have knoAvn that she had any provision which he could 
 have mistaken for dower. However, he assumes that she has, at the 
 suggestion, no doubt, of ]\Ir. Gibbes. Then Mr. Gibbes would 
 probably ask, " Will you give her anything in addition ? — Yes, I 
 give her the whole of my property in Cowes, in the Isle of Wight." 
 He had not a brick, or a stone, or a clod of earth in Cowes, in the 
 Isle of Wight. I will come to the question of his mother's name 
 presently. Then the question would come, " What will you do for 
 your daughter ?" It is natural for a man with only one daughter — 
 because he could always alter his will if he had other children after- 
 wards — to give her his property, so he says: " I give, bequeath, and 
 devise to my daughter, Mary Agnes Theresa (she being the issue 
 of my marriage Avith my said wife), the whole of the Wymmering 
 estate in Hampshire, in England" — He had no more estate of 
 Wymmering than either you or I have. There is a place called 
 Wymmering in Hampshire, and we were told we should have proof 
 before us that at some very remote period, some centuries ago, the 
 Tichborne family had property there ; but that, like many other 
 promises, was not kept, and we had no such evidence, and certainly 
 as far back as the memory of living people goes, there never Avas any 
 property belonging to the Tichbornes at Wymmering, and they 
 certainly never had any that Roger Tichborne could have known 
 anything about — " And also the property at and near Hermitage, in 
 Dorsetshire, in England, inherited by me from my father, the late 
 Sir James Tichborne, and also my property at or near Ryde." 
 There was no property at and near Hermitage. There was no 
 property inherited from the late Sir James Tichborne. There was 
 no property at and near Ryde. Then an annuity is charged upon 
 this imaginary property at Ryde. Gibbes Avould probably say, " Do 
 you propose to do anything for your wife's daughter ? — Yes, I will give 
 her an annuity of 200/. a year, to be charged on my property at or 
 near Ryde, in the Isle of Wight, during the time of her natural life, 
 for her sole and separate use." 
 
 Such are the dispositions of property directed by this will. On 
 cross-examination the defendant is asked, in the first place, whether
 
 ( 492 ) 
 
 he had any property at Cowcs, or at Ryde, in the Isle of Wight, and 
 he answers " Nothing." " Had you any property at Hermitage ? — No. 
 Q. Had Roger Tichborne any Wymmering estate in Hampshire ? — 
 None." To all these questions Avhether he had any property at this 
 place, or at that place, he answers in the negative with the most im- 
 perturbable coolness and sang froid. Then the question arises, " How 
 came you to make a will, and dispose of propei'ty which existed no- 
 where except in the air and your own imagination?" and he explains 
 that he did it for the purpose of making a fictitious Avill, because 
 Avithout making a will he could not get the money he wanted, and 
 he did not choose to let Mr. Gibbes know what property he really 
 possessed. 
 
 Here is the defendant's cross-examination with reference to this 
 extraordinary Avill. " How came you to make the Avill Avhich has 
 been produced by Mr. Holmes? — I had a purpose in doing it. 
 Q. What purpose had j'ou in doing it ? — I do not know that I have 
 any right to inform you of that." The question is repeated, " What 
 ptu'pose had you in doing it? — I decline to answer the question. 
 Q. Answer the question. — I Avill not." Then the Lord Chief 
 Justice interposes and says : " I order you to answer the question. — 
 Under your order, my Lord, I obey. Gibbes had a certain sum of 
 money to give me, and he Avould not without I made a will. I did 
 not Avish to make a aaIII, therefore I trumped up any kind of thing 
 I possibly could do, making the aa^ioIc contents of the Avill Avrong 
 in every shape and Avay. The Solicitok-Gexeral : — ' Gibbes 
 would not advance me a sum of money unless I made a Avill, and 
 therefore I made a Avill ?' The Lord Chief Justice : No, ' tramped 
 up.' (To the shorthand AA'riter:) Will you read it? (It Avas 
 read.) The Solicitor-General : Was that the ]Mr. Gibbes of 
 AA^hom you spoke to your supposed mother, in a letter read yester- 
 day, as your best friend ? — It Avas. Q. What AA^as your object in 
 trumping up the AA'ill and putting all the contents of it as Avrong 
 as you possibly could? — Because I did not choose to give him 
 any information about myself or family. Q. Was the object of 
 your Avill to give him security? — No, I cannot say exactly to 
 give him security. Q. Did you obtain money from him on the 
 making of the will ? — I did. Q. How much ? — 300/. at that 
 time. Q. And hoAV much afterAA^ards ? — I think about 400/. 
 more. Q. And 400/. more afterAvards? — I think so ; I am not 
 certain. Q. Will you SAvear it Avas not much more? — Yes, I wall. 
 Q. HoAv much Avas it altogether? — Less than 700/. Q. Was it 
 your object to give him a security that Avould be Avorthless ? — Cer- 
 tainly not : I did not give it to him as a security. Q. What Avas 
 your object ? — To satisfy a Avhim that he had. Q. What was his 
 whim ? — Well, he Avished me to do it. Q. For what purpose ? — I
 
 ( 493 ) 
 
 cannot say exactly Aviiat purpose, I am sure. Q. What did he say ? 
 — In the event of my dying in my return to England or anything in 
 that way. The Lord Chief Justice: In the event of your dying 
 on your return ? — On my passage. The Solicitor-General : 
 What was the use of the will ? — I never intended it should be of 
 any use. Q. AVas it executed, then, in fraud of Mr. Gibbes? — I 
 cannot say in fraud. Q. What was it ? — It was certainly executed 
 wrongly. Q. Did he not say to you that he Avould not lend you 
 the money unless you executed the will ? — No, I do not know that 
 he said that. Q. I thought you told me about five minutes ago that 
 he Avould not let you have the money unless you executed the will ? 
 — Just so ; yes. Q. Did you obtain the money upon the execution of 
 the will? — I obtained it afterwards. Q. In consequence? — I cannot 
 say whether it was in consequence. Q. Did he make it a condition ? 
 — He might have done, I cannot say. Q. Did he? — I believe he 
 did. Q. You know — did he ? — It appears }ou know a great deal 
 better than I do. Q. You know — did he ? Mr. Serjt. Ballan- 
 TiNE : Answer the question. — But I am ansAvering : I tell you I 
 believe he did. The Solicitor-General : Did he ? — I believe he 
 did. Q. You know more than ' believe ' — did he ? — I tell yoii I 
 believe he did. Q. You know — did he or not? The Lord Chief 
 Justice : Answer the question. — I am answering it, my Lord ; I 
 tell him to the best of my belief he did. The Solicitor-General : 
 Have you any doubt he did ? — Well, yes, I have a veiy slight doubt. 
 Q A slight doubt? — Yes. Q. Founded on Avhat? — In speaking- 
 just now, I think, my Lord, I made a mistake which might be taken 
 advantage of afterwards : he asked me Avhat money I received from 
 Mr. Gibbes ; I must tell you I received no money from Mr. Gibbes, 
 although I said so at the time in speaking — that is to say, Mr. Gibbes 
 got the money from jNIr. Cottee for me, and in speaking of the 
 money I almost look upon it as getting it from Mr. Gibbes ; but the 
 money actually came from Mr. Cottee. The Solicitor-General : 
 Was Mr. Cottee a banker?— Mr. Cottee Avas a banker. Q. And 
 Avas the will deposited at the bank ? — Yes. Q. And was Mr. Gibbes 
 present aaIio got the money for you from Mr. Cottee? — He Avas. 
 Q. And did he insist upon your executing the avUI before he Avould 
 get the money? — He Avished me to do it. Q. Did he insist upon it? 
 
 — No, I believe there AA^as Q. Did he refuse to get you money 
 
 until you did ? — No, I do not think he refused : that is Avhy I said 
 ' to the best of my belief just noAv : I Avanted to be exact in AA'hat I 
 Avas saying. Q. Did he or did he not refuse to let you have the 
 money until you had executed the Avill ? — I do not think he did 
 refiise. Q. Did he make a difficulty ? — I believe he did. Q. Did 
 you execute the Avill and get the money ?— I did. Q. And did you 
 not, five minutes ago, swear that he refused to let you have the
 
 ( 494 ) 
 
 money until you executed the will ? — Well, I hardly know what I 
 did say, because you put it in so many ways, trying to confuse me. 
 I am here with no object to tell a falsehood, I am here speaking the 
 truth, and I am willing to do it, although you have far more power 
 of language than I have. If you do by conflision make me tell a 
 falsehood, I do not do so conscientiously." " ' No,' says the 
 Solicitor-General, 'none of us tell falsehoods conscientiously ;' many 
 people might do so knowingly; consciences differ, as we have reason 
 to know. Now attend to me : Was that will, accordins: to vour 
 story, executed by you knowing it to be unti-ue fi-om beginning to 
 end ? — It was." Gentlemen, we know that at this time he had been 
 in communication with Mr. Gibbes for nine or ten months, and we 
 know that Mr. Gibbes was in commmiication Avith Lady Tichborne 
 on the subject of his identity. He is reminded of these things, and 
 then he is asked, " Do you mean to tell the Jury that on the 1st of 
 June, 1866, your object was to conceal fi-om Mr. Gibbes, your 
 attorney, through whom you were communicating to your mother — 
 your soi-disa7it mother — who you were, and all about yourself — all 
 the details ? — I mean to tell the Jury what is true, that it was so. 
 Q. Is that what you tell them ? — It is. The Lord Chief Justice : 
 You still say your object in making the Avill was to conceal from 
 Mr. Gibbes all about yourself? — Yes. Q. That is what you still 
 say, notwithstanding your attention is called to it ? — Yes." Then he 
 is asked whether he intended that the devise to the wife should take 
 effect, and he coolly answers, " No, I did not." Then comes the 
 question about his mother's name. 
 
 Let us pause here for a moment. You see what his account of 
 it is, and you have heard what Mr. Gibbes said, and between the 
 two Ave can see how the matter stood. Mr. Cottee was unwillino- to 
 advance the money except there should be executors appointed on 
 whom he could put his hands to get repayment if anything should 
 happen. Mr. Gibbes is the go-between, or mediator between the 
 bank and the defendant, and he says, " You must execute a will and 
 appoint executors ; unless you do, you cannot get the money." The 
 defendant says he did not refuse ; at all events, it is quite clear 
 Mr. Gibbes insisted on having a will, while, according to the defen- 
 dant's account, the Avill was on his part a dishonest— a fictitious 
 will — a will which he did not intend to have any effect. 
 
 Now the wiU may have been a fictitious will under either of two 
 sets of circumstances. If a man representing himself in general 
 terms as possessed of estates and property, is called upon to make 
 a will with a view to some ulterior purpose, but being in fact per- 
 sonating another, he does not know the details of the other person's 
 property, where his estates are situated, or what they consist of, he 
 must draw upon his invention and substitute imaginary estates for
 
 ( 495 ) 
 
 the real ones, of which he has no knowledge. That may have been 
 the case with the defendant ; or the case which he puts may be the 
 true one, namely, that knowing, as Roger Tichbome, what the 
 estates were to which he was entitled, he was not willing to commu- 
 nicate to Mr. Gibbes what those estates were, and therefore put in 
 false and imreal ones instead of the true ones. In either of the cases, 
 on the admission of the defendant, he intended to perpetrate a gross 
 fraud, which was neither more nor less than a swindle. He in- 
 tended to obtain the money, leading Mr. Gibbes to suppose he had 
 made a genuine will, while his intention was to fabricate a fictitious 
 will, which shoidd have no operation or effect. In either case the 
 fraud would be equal. But in the one case, although it would be as 
 scandalously dishonest a thing as can be, and which might expose 
 him to a charge of obtaining money under false pretences, yet it 
 would not affect the question of his identity. The way it affects 
 the present case is this. If you suppose he put in a false state- 
 ment of the property of which he affected to dispose, because he did 
 not know what were the estates Roger Tichborne possessed, that 
 would be an ignorance on his part which is wholly incompatible 
 Avith his being Roger Tichborne, because Roger Tichborne never 
 could have supposed he had estates at Wymmering, or at Hermit- 
 age in Dorsetshire, or at Cowes, or Ryde, in the Isle of Wight, he 
 not having a stick or stone at either of those places ; still less could 
 he suppose an estate in Dorsetshire was derived from his father 
 when his father never had an estate there. 
 
 With regard to Hermitage a curious question arises. When did 
 the notion of a Hermitage estate come into the defendant's mind ? 
 It was suggested by the Attorney-General, in his speech on the 
 former trial, that the name of Hermitage had been derived from 
 Wapping associations. There Avas a Hermitage Street, and a Her- 
 mitage Wharf, and Hermitage Bridge, in Wapping, in the imme- 
 diate vicinity of old Orton's residence. But the name may have 
 been derived from a different source. Shortly before Roger Tich- 
 borne left England a farm not very far from Tichbome, called the 
 Hermitage Farm, was for sale, and it occurred to Mr. Gosford or to 
 Mr. Hopkins, I am not sure which — but to one or other of them — 
 that it would be a very good adjunct to the Tichborne estates, and 
 Roger was written to, to know whether he would consent to its being 
 purchased. There was a considerable sum forthcoming from the 
 100,000/. raised on the Doughty estates, available for the purchase 
 of land in Hampshire, and there are two letters, one to Mr. Gos- 
 ford and another to Mr. Hopkins, fi'om Roger, saying he highly 
 approved of the plan of purchasing the Hermitage Farm, and would 
 execute any document necessary to enable them to effect the pur- 
 chase. But the purchase was not effected in Roger's time, not until
 
 ( 49G ) 
 
 after he left. AVhetlicr, if the defendant be Roger Tichborne, he 
 had this in his mind, or whether he had Wapping associations 
 in his mind, or whether Slate knew something about the Her- 
 mitage estate, I cannot tell you ; but there it is. He mentions this 
 Hermitage estate in a conversation Avith JNIr. Gibbes, and he inserts 
 tlie Hermitage property as one which he professes to dispose of in 
 favour of his daughter, Avhile there Avas no Hermitage property to 
 dispose of. 
 
 Now Ave come to the extraordinary circumstance, Avhich is one of 
 the leading features in this most remarkable Avill, that he puts his 
 mother's name in it as Hannah Frances. Mr. Gibbes tells us hoAV 
 that happened. When he came to the disposition in favour of the 
 mother, Mr. Gibbes, I suppose, Avovild say, " What Avill you do for 
 your mother — of course she has her doAver out of your father's estate ?" 
 " Yes ; let her also have in addition my estate at Cowes, in the Isle 
 of Wight." " Very good, but I have only her initials, she only signs 
 ' FI. F.' What are her Christian names?" The defendant hesitates, 
 pauses for a moment, thinks, and then says, " Hannah Frances," and 
 Mr. Gibbes puts doAvn " Hannah Frances." It occurs tAvice in the 
 will, once in the disposition of the property, and once Avhen she is 
 appointed executrix. We knoAv Lady Tichborne's name Avas not 
 Hannah Frances, but Henriette Felicite ; and a question is naturally 
 asked, the name having been put in the Avill as Hannah Frances, 
 " Did you not knoAv your mother's Christian name ? — Yes, I kncAv 
 my mother's Christian name. Q. It Avas not Hannah Frances? — 
 No, it Avas not Hannah Frances. Q. Hoav came you to put Hannah 
 Frances ? Why did you put your mother's name Avrong ?" is the 
 pertinent question put to him by the Solicitor-General. The answer 
 is, " On the same principle that I put eA^erything else Avrong. 
 Q. On the same principle ; Avhat ? — You Avill find the Avhole inden- 
 ture Avrong. Q. On the same principle ; AAdiat ?" Then the in- 
 domitable Serjeant Ballantine interrupts and says, " That he put 
 everything else Avrong." The Solicitor-General : " That you 
 put everything else Avrong ? — Yes. Q. Did you think that putting 
 Hannah Frances instead of Henriette Felicite Avould make the 
 Avill a bad one ?" He does not ansAver the question, but says, 
 " I never intended it to be a good one. Q. Did you think it Avould 
 make the Avill a bad one? — Yes, I did think so. Q. What? — 
 I did think so, I have no doubt. Q. You did think so? — Yes. 
 Q. You kncAv your mother's name, of course ? — I did." Such is 
 his explanation. Then it is suggested to him, " Well, but you put 
 your father's name in right ; you called him Sir James Tichborne, 
 which is his name." The passage of the Avill is read : " ' And also 
 the property at and near Hermitage, in Dorsetshire, in England, 
 inherited by me from my father, the late Sir James Tichborne.'
 
 ( 497 ) 
 
 You call lilm right there ; you do not call him Sir John or Sir 
 Henry Tichborne ; therefore it is not all trumjied up ; the name of 
 the father is not incorrect ; why did you not call him Sir John or 
 Sir Julius? — There was no use doing that; Mr. Gibbes knew better. 
 Q. Or Sir Jasper ; they all begin with a ' J.,' just as ' Hannah 
 Frances' begins with ' H. F. ;' Avhy did not you ? — I told you just 
 now because Mr. Gibbes knew better. Q. Did Mr. Gibbes know 
 that the initials were H. F. then ? — Yes, of course he did. Q. How 
 did Mr. Gibbes know what the initials of Lady Tichborne's name 
 were? — Because he did. Q. How?— By her first letter to me" — 
 There is no doubt that the letter was signed " H. F." — " Q. That 
 is how you came to put Hannah Frances ? — It is not how I came to 
 put Hannah Frances ; I put Hannah Frances certainly. Q. That is 
 how ? — I do not know that is how. The Lord Chief Justice : 
 Did you say, ' I do not know Avhy I put Hannah Frances ?' — No, 
 I did so intentionally; the question put to me by the Solicitor- 
 General was, ' How did Mr. Gibbes know my mother's initials were 
 H. F. ?' The Solicitor-General : You say you got a letter from 
 her signed H. F. ? — Yes. The Lord Chief Justice : The 
 copy of the letter that comes home from Australia is signed 
 * H. F. Tichborne.' The Solicitor- General : Is that Avhy you 
 put Hannah Frances? — I believe it Avas. Q. Sarah or Elizabeth 
 would have done as Avell? — No doubt you would find a hundi-ed 
 names. Q. But then Mr. Gibbes would have known?" He had 
 just said that was the reason why he put his father's name correctly, 
 but he answers, " It is not usual — insinuating. The Lord Chief 
 Justice: I do not hear Avhat you say — Well, I think the Solicitor- 
 General's conduct is very insolent, my lord. The Solicitor- 
 General : I meant it to be. — Of course, I know that, therefore 
 I must only take it for what it is worth." The Solicitor-General 
 was provoked and used a hasty expression, which is to be regretted ; 
 but that the defendant, who admitted he did not put the name of his 
 father "wrong because Mr. Gibbes would Icnow better, should say that 
 the question put by the Solicitor-General as to having put the name 
 of his mother wrong because Mr. Gibbes did not know it, amounted 
 to insolence, was certainly, I think, most unjustifiable and unprovoked, 
 and ought to have met with a very much stronger rebuke than it seems 
 to have received. 
 
 Now, then, the question presents itself, whether you are satisfied 
 with the explanation that he put in the name of the mother as 
 " Hannah Frances" because he wished to make the Avill in that 
 respect as fictitious and delusive as it was in respect of the property 
 which he pretended to dispose of. Is that explanation sufficient, or 
 do you believe he put in the names Hannah Frances because he did 
 not know better ? If he put in the names Hannah Frances because 
 
 K K
 
 ( 498 ) 
 
 he did not know better, that mvist have been from one of two thmgs : 
 either he was not Roger Tichborne and had never known the names, or 
 he Avas Roger Tichborne and had forgotten them. But is it possible 
 that a son could grow up in constant intercourse with his mother to 
 the age of twenty-four, be in the habit of frequently visiting her, and 
 not know her Christian names ? I can understand the possibility of 
 his not knowing the second name ; but the first is the one by which 
 the father addressed her in conversation and in correspondence, the 
 one he commonly addressed her by in ordinary domestic intercourse ; 
 and if that be so, the son must have heard the father call her 
 " Henriette" hundreds of times ; besides which, we remember that 
 Roger wrote to her on the saint's day of Sainte Henriette, and he 
 must, therefore, have been aware of his mother's name. Then could 
 he have forgotten it? Let every man judge for himself. Suppose 
 you are away in a foreign country for twelve years. You are 
 separated, by that or any other circumstance that presents itself to 
 your mind, fi'om the mother "\vith whose name you have been familiar 
 from childhood; do you forget her name? That is a question which 
 every man must answer for himself. Is the name of a mother — 
 especially -svith whom you have been in early youth so long associated, 
 and from whom you have not been separated until you grow up to 
 man's estate — is the Christian name of a mother ever forgotten as 
 long as memory remains ? You must judge for yourselves. If you 
 think that the explanation is not satisfactory, if you are satisfied that 
 it was not that he purposely and designedly put in these fictitious 
 names for the purpose of vitiating the will he was executing, but 
 because he did not know what the Christian names of Lady 
 Tichborne were — if it was not from want of memory, nor from want 
 of ability to remember his mother's Christian names, but from the 
 absence of ever having had any knowledge about them, that the 
 defendant put them in in this way, Avhat is the inference as to his 
 being Roger Tichborne or not ? 
 
 But now I come to what is really the most remarkable part of this 
 will, and that is, the appointment of executors. You see the principal 
 purpose of the will was the appointment of executors, and as soon as 
 Mr. Gibbes, who was drafting this will, had got to the last article 
 relating to the disposition of the property, he would naturally say, 
 " Now about the executors, whom are you going to appoint as 
 executors ?" And he answers, " John Jarvis, Esquire, of Bridport, 
 Dorsetshire, and my mother, Lady Hannah Frances Tichborne." 
 Gentlemen, you may perhaps ask who was " John Jarvis, of Bridport, 
 in Dorsetshire." As everything in the will was to be fictitious, was 
 he, too, a fictitious person ? No — he had a real existence, as we shall 
 see further on. On cross-examination the defendant is asked, " Who 
 was John Jarvis?" "I do not know, I am sure; I cannot say
 
 ( 499 ) 
 
 whether there is or is not a John Jarvis. Q. You cannot say 
 whether there is a John Jarvis, of Bridport, in Dorsetshire ? — No. 
 Q. You mean to swear you do not know whether there is a John 
 Jarvis, Esq., of Bridport, in Dorsetshire, in England ? — Of my own 
 knowledge, no. Q. Was there? — I do not know. Q. What?— 
 I cannot tell you." Then the will goes on, and provides that, 
 in a given contingency, Mr. Henry Angel shall be the guardian 
 of his children. He appoints Mr. Gibbes, in the first place, to be 
 the guardian of the persons and estates of his children, and in case 
 of his death or inability to act, then Henry Angel, Esquire, of Dorset- 
 shire, in England, in his stead. Here, again, who is Mr. Henry 
 Angel? — "Mr. Henry Angel, of Dorsetshire." The defendant is 
 asked, " Who was Mr. Henry Angel, of Dorsetshire ? Is he a real 
 person? Who and what is he?" Again comes the answer, " I do not 
 know." However he, too, proves a real person. It seems further to 
 have occurred to Mr. Gibbes that it would be desirable, in the event 
 of John Jarvis, Esq., of Bridport, Dorsetshire, or Lady Hannah 
 Frances Tichborne, being unable or unwilling to act, or dying, to 
 have some other executor. Thereupon he would ask, " Who wiU 
 you have for an executor in case either of the two executors you have 
 appointed should fail to act? — Sir John Bird, of Hertfordshire." 
 Well, who is Sir John Bird of Hertfordshire ? Is there such a 
 person in esse ? No, he turns out to be a purely imaginary person. 
 The defendant is asked, " Who in the world is Sir John Bird, of 
 Hertfordshire ? — I do not know. Q. How came you to make him 
 executor ? — From the very reason there was no such person. Q. Is 
 that the reason you chose John Jarvis? — No ; I believe the name of 
 John Jar^ds was suggested to me. Q. The name of John Jarvis 
 Avas suggested to you, and you believed he was a real person ; on your 
 oath, did you believe at the time you put his name in the will he was 
 a real person ? — Very probably. Q. Had you any doubt he was a 
 real person? — No. Q. Then why select Sir John Bird because 
 there was no such person ? — Well, I do not know. Q. Did you 
 think that John Jarvis lived at Bridport? — I do not know, I am 
 sure. Q. Stop, will you swear you did not believe John Jarvis was 
 a gentleman living at Bridpoi't? — I was told he Avas. Q. You 
 believed there was a John Jarvis living at Bridport, Dorsetshire ? — 
 Very probably. Q. Why, you know you did ? — How do you know? 
 Q. Did you ? — I told you I believe I did." Then he is asked as to 
 Mr. Henry Angel. "Who was Mr. Henry Angel? — He Avas a 
 person I have seen since. Q. Then he Avas a real person ? — Yes, I 
 suppose so. Q. You suppose so? — He was. Q. You have seen 
 him ? — I have seen him. Q. Then you knoAv he Avas a real person ? 
 — Yes. Q. Did you knoAv he Avas a real person then ?" — That is, at 
 the time he put him into the aaqII — " No, I did not knoAv ; I believed 
 
 K K 2
 
 ( 500 ) 
 
 he was. Q, You believed Henry Angel to be a real person? — Yes. 
 Q. Why did you put in Sir John Bird ? — I cannot tell you Avhy, 
 I am sure. Q. Is there such a person? — I do not know; I do not 
 think there is. Q. You do not think there is? — No. Q. Well, 
 Sir John Bird, is he a baronet? — I do not knoAV, I am sure. Q. You 
 Avould know whether he is a baronet? — Well, I tell you I do not 
 know. Q. Have you been in communication with INIr. Henry Angel 
 since ? — I have seen him since. Q. So you told me before, but my 
 question to you now is, whether you had been in communication Avith 
 him since ? — Do you mean by letter ? Q. AnsAver the question : have 
 you been in communication Avith him? — I have seen him once, and 
 haA'e never seen him and never heard tell of him since. Q. When Avas 
 it you saAv him ? — I saAv him at ISIr. Holmes's office." Then comes an 
 inquiry Avhich makes this part of the case of infinite importance, and 
 which leads to a very startling disclosure. This is the question put to 
 him : "Now, were not John Jarvis, Esq., of Bridport, Dorset, and Henry 
 Angel, of Dorset, in England, close and intimate friends of Arthur 
 Orton ? — Ah, that I cannot tell. It Avas Orton suggested the names 
 to me to put in ; they Avere knoAvn to him, no doubt." Gentlemen, 
 Ave know that these two persons Avere close and intimate friends of the 
 Orton family. They Avere connected A^dth the coasting trade, and 
 used to come up in coasting A^essels from the port of Bridport to 
 London; they Avere intimate friends of old Orton in London, and 
 used to go and stay frequently, AA^hen they Avere in London, at old 
 Orton's house. The Solicitor-Gexeral asks, " What Avas it that 
 Arthur Orton told you of Mr. Henry Angel that induced you to 
 leaA'e him guardian of your infant children ? — Well, it Avas merely 
 that I did not Avish to execute the Avill, and he pressed me to do it 
 because I had some money to give him. Q. That is not an answer 
 to my question, Avliich, from Avhat I have seen, I think you are quite 
 capable of understanding : AA^hat I ask yoii is, AA'hat Arthur Orton had 
 told you of Henry Angel, of Dorset, in England, that induced you to 
 leave him guardian of your infant children ? — I do not knoAV why I 
 took him above any one else. Q. Hoav came you to take him at all ? 
 I merely said I did not knoAv Avhat name to put in, and he said, 
 ' Put in these names.' The Solicitor-General: ' Guardians of the 
 persons and estates of my infant children' — AA'hat did Arthur Orton 
 tell you of those tAvo persons, Avhom you say you learnt Avere intimate 
 fi-iends of his father's; Avhat did he tell you of those two persons to 
 induce you to leave Henry Angel guardian of the persons and estates 
 of your infant children ? — I cannot remember Avhat he told me, I am 
 sure. Q. Surely you can remember Avhat he told you about them ? — 
 I do not think he told me anything about them, any more than the 
 names. Q. Anymore than the names? — Yes. Q. But according 
 to you they Avere put in haphazard? — Yes."
 
 ( 501 ) 
 
 Xow the first tiling that strikes one upon that is this. Of course 
 the names of John Jarvis, of Bridport, and Henry Angel, of 13ridport, 
 could not possibly have been knoAvn to Roger Tichborne, and if they 
 were used by Iloger Tichborne, and put into his will, they must have 
 been suggested to him from Avithout. On the other hand, to Arthur 
 Orton, of course, these names would be familiar names, and they would 
 naturally have occurred to Arthur Orton, Avhlle they would not have 
 occurred to Roger Tichborne. 
 
 Now, the defendant, of course, would be alive to this difficulty, that 
 supposing that these names could not have occurred to him as Roger 
 Tichborne, they must have come from Arthur Orton, and therefore 
 he says that Arthur Orton, expecting to receive a share of the money 
 which was to be obtained by the execution of this will, had pressed 
 him to make the will, as the means of obtaining the money; where- 
 upon he, being reluctant to do so, had objected that he should not 
 know whom to appoint or name as executors. " Oh ! " says Arthur 
 Orton, " I will give you a couple of names; there is John Jarvis, of 
 Bridport, an old friend of my father, and Henry Angel, of Bridport ; 
 I remember them both : they used to come to our house ; take their 
 names." But the question immediately suggests itself, if Roger 
 Tichborne had really been making the will, and had been called upon 
 to name executors, Avhy should he be in this difficulty about finding 
 names. Plis old early associations in this country, his OAvn relations 
 and friends, Avould have furnished him with an ample supply of names 
 to satisfy the pressure of Mr. Gibbes. ^Yliy should he have recourse 
 to Arthur Orton? And then comes the evidence of Mr. Gibbes, 
 which is, that the Avill was made at one and the same time, and that 
 certainly there Avas no opportunity for communication Avith anybody 
 outside the office to make it possible that these names could have been 
 suggested to the defendant when making the Avill. But I think that 
 must not be pressed too far, because the defendant has never, so far as I 
 understand his position, asserted that Avhile the Avill Avas being made 
 he found himself in a difficulty as to the names, and Avent outside and 
 saAv Arthur Orton, Avho suggested them : he may have got the names 
 from Arthur Orton before he Avent in to give the instructions. The 
 difficidty is to find a solution Avhich Avould satisfy our minds, as 
 rational, thinking men, of the fact of Roger Tichborne being at a 
 difficulty in finding names to put in, and having recourse to Arthur 
 Orton for that piu'pose. Gosford Avould have afforded him a name 
 in a moment. Slaughter Avould haA^e given him another. They 
 were the executors of his old Avill. There Avere the Seymom-s — there 
 were a \'ariety of persons — many names would readily have occurred 
 to him. Therefore you must judge whether this statement of the 
 defendant is one A\4iich you can accept as the explanation Avhich he 
 gives for putting, in the Avill thus executed by him, tAvo names Avhicli
 
 ( 502 ) 
 
 would have been kno^^^l to Orton and Avliicli would not have been 
 known to Roger Tichborne, unless suggested fi-om without. Such, 
 however, is the explanation of the defendant, and it is a simple one ; 
 and vmless the surrounding circumstances deprive it of credibility, 
 it is not one which it is an insult to our understanding on his part to 
 offer, or which it Avould imply a want of intelligence on our part to 
 accept, unless we see reason for rejecting it. There it is, a simple, 
 apparently straightforward explanation. " I did not want to make 
 the will. I could not get a certain sum of money which I required, 
 and Avas desu'ous of obtaining, Avithout making one. If the condition 
 of obtaining the money had been the executing the will, and I had 
 been left to myself, I should not have executed it; but I had a 
 friend, who was a strong-minded man — as my counsel says — and 
 this man pressed me to make the will, as I had promised to give 
 him 50/. if I got the money from the bank : then I said, I do not 
 know whom to put in as executors. He supplied me with two 
 names, and I put them in, although those names were not known to 
 me before." This is a simple explanation, which you may adopt or 
 reject. But the learned counsel, whose business I should have thought 
 it was to support the statement and explanation of his client as far as 
 he could do so by fair argument and reasoning, puts it on one side with 
 the most sublime scorn. He says : that will not do : I cannot say in 
 the face of the evidence that there was an Arthur Orton at that time 
 at the place where the will Avas being executed ; he was somewhere 
 or other in the bush, but I cannot say he was at Wagga-Wagga ; 
 but I can offer another and a more satisfactory explanation. Now, I 
 can picture the learned counsel sitting doAATi with that poetic fervoiu* 
 for which as a poet he is distinguished, and thinking of something of 
 a highly poetical kind, and then out comes this: " I can quite fancy," 
 he says, '' when he and Arthur Orton were in the woods, miles and 
 miles away from any human being, sitting up the greater part of the 
 night, imder the magnificent and cloudless skies of Australia, by the 
 camp fireside, talking over former times, Arthur Orton, a man of 
 stronger mind, impressing vividly on the mind of the weaker man the 
 account of persons Avho belonged to him in the past. I can imagine 
 this man's mind becoming so imbued with those things that it would 
 be full of them, so that persons whose names he had thus become 
 familiar with would occur to him as persons whom he had himself 
 known. Am I departing," said the learned counsel — Gentlemen, I am 
 too shortsighted to see whether he ventiured to look you in the face when 
 he said it — " am I departing fi-om the strict path of reason, or logic, 
 or argument, or common sense, if I put that to you as a thing that 
 may have occurred, and which may account for a great many of the 
 absurd things he did ?" If he had put that to me — I do not know 
 how you answered it in your minds — but if he had put that question
 
 ( 503 ) 
 
 to me, I sliould heave said I think you are departing not only from 
 the strict path of sound reasoning and logic and argument, but also 
 from the path of common sense, in putting forward anything so hope- 
 lessly irrational as that. 
 
 Gentlemen, we have all heard of the transmigration of souls, the 
 wonderful doctrine in which it is supposed that a soul, having pre- 
 viously inhabited the body of some one now leaving the world, takes 
 advantage of the body of some one coming into it to pop into the 
 body and possess it. But I have never heard of the transmigration 
 of mind fi-om one living person to another. According to this 
 theory, the effect of the discourses which had taken place between the 
 two persons under the canopy of heaven and the magnificent and 
 cloudless skies of Australia was that the recollections of Arthur 
 Orton had passed into the mind of Koger Tichborne, and super- 
 seding his own, and turning them out altogether, had taken bodily 
 possession of his memor-y. The only thing I know of like it is what 
 they tell us of the hermit crab, a creature which is destined by 
 nature to live in a shell, but which nature has not provided with the 
 necessary covering, and so the crab walks about until he sees a shell 
 occupied by some other shellfish which he thinks will be likely to 
 suit him. He then puts in his claws, which are very long and very 
 sharp, and quietly pulls out the innocent and unoffending tenant of 
 the shell he desires to inhabit ; he eats him, and then gets into 
 the shell. That is something like the process which the learned 
 counsel supposes the mind of Arthur Orton to have carried on 
 with the mind of Roger Tichborne, and he positively asks you to 
 believe that Roger Tichborne would not have the recollection of 
 things appertaining to himself, but that the recollection of things 
 of his own concernment would be superseded by the things Arthur 
 Orton had talked to him about in the bush. He had forgotten 
 Mr. Gosford and the people he had kno^ATi in England, who might 
 have been made the executors of his will and the guardians of his 
 children, and he substitutes two persons who had been previously 
 unknown to him and only known to Arthur Orton. Can you adopt 
 that theory ? Is it one that, as rational men, you can possibly enter- 
 tain ? If not, we are thrown back upon the question — the question 
 to Avhich the learned counsel should have addressed himself — Do 
 you believe that the defendant put those names into the will because 
 they were suggested to him by Arthur Orton under the circumstances 
 to which he has spoken ? If you do not, then stands prominently 
 out in bold relief the startlino- fact that in the will alleored to have 
 been made by Roger Tichborne you find the names of two persons 
 as executors and guardians, Avhich, while they were names Avhich 
 would readily have suggested themselves to Arthur Orton, never 
 could have been known to Roger Tichborne at all. So much for
 
 ( 50-t ) 
 
 that remarkable will, Avliich is certainly one of tlie most striking 
 features in the whole of this case. 
 
 The Avill having been executed, it appears that Mr. Cottee still 
 hesitated about advancing the money, and prefen-ed that the Claimant 
 should wait till he got to Sydney, Avhere there was the head establish- 
 ment and a general manager, who was a person of higher authority 
 than Mr. Cottee, the manager of the branch bank ; and, accordingly, 
 the defendant was referred to the head of the bank. The will was 
 executed on the 1st of June, and he leaves almost immediately after- 
 Avards for Sydney. On the 18th of June he Avrites to Mr. Gibbes 
 from Sydney : " Dear Sir, — I arrived here last Saturday morning 
 having meet with an accident on the road. I thought to drive to 
 picton" — I suppose that is the name of some place — " but my tire 
 brake a fue miles from Birrimo" — you observe he spells " few" like 
 Arthur Orton, f-u-e — " And I had to sell Horse and Cart for 
 £7 10 0. I then took the coach and she was stop at the Bargo 
 River 24 hours. So I did not arrive in Sidney until Saturday 
 morning. I have seen Mr. Ford, he going to see Mr. Cubitt" — 
 Here we have the omission of the auxiliary verb, which occurs so 
 frequently in the Avriting of the defendant — " And I have to see him 
 again to INIorrow at 3 o'clock. I called at Mr. Lumsdaine. But I 
 did not see him. I see Mrs. Lumsdaine who very kindly ask me in. 
 I have to go up again in. The evening." — There is a full stop after 
 the word " in," and " The evening" is written with a capital " T." — 
 " I have just sent a telegram down to you for £5 Os. Od. pound has I 
 am cleane out be sure to send a telegram as soon has you receve the 
 English Mail. I Avill Yncite every day and let you know how things 
 are. My respects to Mrs. Gibbes and the chilldren." That is another 
 word in which there is a characteristic spelling, he always spells 
 " children" with tAvo " I's." I may here observe once for all that the 
 mistakes of grammar and the misspelling Avhich occur in these letters 
 are so frequent that it becomes next to impossible to point out all 
 the individual instances, as I endeavom-ed to do in going through 
 the letters of the undoubted Roger Tichborne. 
 
 We have next one of Mr. Cubitt's flourishing letters to the 
 Dowager Lady Tichborne, the defendant haAang at this time an-ived 
 at Sydney. On the 22nd of June Mr. Cubitt writes : " My Dear 
 Madam, — After a long, tedious and expensive search" — he had not 
 done anything but jDut an advertisement into the newspapers — " I 
 have at length succeeded in discovering your Son, Avho, as you Avill 
 learn from him, is now in Sydney, and with Avhom I have noAV had 
 several intervieAvs. From Mr. Tichborne himself you Avill learn all 
 particulars relating to myself, and my simple reason for now addressing 
 you is, that I may do my part tOAvards clearing myself of serious 
 imputations against my character, through the perfidy and deceit of
 
 ( 505 ) 
 
 one of my Agents avIio with a view to acquiring gain for himself has 
 not hesitated to villify me in a manner disgusting to the feelings of 
 any honorable man" — What Mr. Gibbes had said about him I do 
 not know — " Your Son has been innocently dragged into a belief of 
 these vile charges, but with a candour and honesty which reflect the 
 greatest credit has promised Avithout delay to remedy the injury 
 already inflicted. I am sure he will convince you how I have been 
 maligned, so I have nothing further to say but solemnly to assure 
 you that throughout I have been actuated by an earnest desire to 
 serve you in this matter as a gentleman and a man of honour." 
 
 The defendant being now settled at Sydney, he writes to his 
 mother on the 23rd of June. This is from Butt's Metropolitan 
 Hotel, Pitts Street, Sydney : " My dear mother I have not receved 
 yom* letters yet. Has they Avill have to go to A\^agga AYagga first. 
 I entended to go by the Mail Steamer on the 14tli July. But they 
 have altered the date of departure to the first of Aug very anoying. I 
 have found Mr. Cubitt A very different person to Avhat I represented 
 him to you in my last letter I have every reasan to be please with 
 him, and the Avay in which he has enquired for me." One cannot 
 help being struck wdth that passage. This is the man who was 
 " hugely disgusted" when he Avas discovered, and, like the hermit 
 crab's shellfish I mentioned just now, dragged as it were out of his 
 retirement. He says, " I have every reason to be please Avith him, 
 and the Avay in which he has enquired for me I have my arrangement 
 Avith him for the expence and truble he been to I likewise enclose a 
 note irom him. Hoping my beloA^ed mother soon to be Avith you I 
 remain. Your affectionate Son R. C. Tichborne." 
 
 Next comes a letter fi'om Lady Tichborne of the 10th of May, 
 which contained important information, and it is accompanied by one 
 of the same date to Mr. Gibbes, Avhich must haA^e caused that gentle- 
 man an uneasy moment or two. " INIr. Cubitt, I have received your 
 letter dated the 15th february and letters are so long coming that I 
 regret your not writing eA'erything at once as it makes that business 
 last so much longer, the passage money is so high that I think if 
 I can do Avithout your accompanying roger it will be better as it is I 
 believe 200/. and 200/. for your retui'uing home that Avould make 
 400/. for your passage alone. Of course 200/. for my dear son's 
 coming home Avould make 600/. for the passage alone. It is more 
 than I can afford to pay but I think roger Avill come alone if he once 
 makes his mind to it, however you might Avrite to me in your next 
 letter what the passage money would be. I think you might have 
 mentioned it by the last mail and also more particidars about my 
 son's intentions, hoAvever his identity is the first thing and the one 
 that Avill decide of everything. I cannot however say he is my son 
 until I have seen him, therefore it is most necessary that he shoidd
 
 ( 506 ) 
 
 come over, as once acknowledged as my son everything will go 
 straight" — That appears to have been her idea, that it required 
 nothing more than her recognition of his identity to carry everything 
 at once — " I think you ought to make an arrangement with his 
 creditors to allow him to come over to Paris to be identified, as once 
 when he is recognised the debts will of course be paid out of the 
 estates. I think you ought to be accustomed to those sort of trans- 
 actions and this one is not more difficult than any other." Then, 
 having been struck by his writing about his great expenses, she says, 
 " I do not think your expenses can be very great, beyond advertise- 
 ments there was not much done and I Avill of course pay what is due 
 to you. I do not believe that Mr. Gibbes intends to deprive you of 
 anything but as he is a lawyer it may be better to have his advice." 
 She then comes to speak of her son, and for the first time gives some 
 particulars by which the people out there might be enabled to identify 
 him. " Roger Charles is born in Paris" — that is a French phrase — 
 " in the year 1829 or '30. he used to speak french and being very 
 delicate in health he was kept at home till he was 15 or 16 years old, 
 he then went to the Jesuits at the College they have in Lancashire 
 at Stonyhurst. he remained there three years and a half, afterwards 
 he went into the Carabineers and was there for a year and a half, 
 he quitted the Army because his poor father and I wished it" — She 
 is altogether wrong there — " He was still very delicate and we were 
 afraid his Regiment (the Dragoon Guards) would be sent to India" 
 — The poor lady is very inaccurate in her statements ; Roger left the 
 regiment because they were not sent out to India — " It is then that 
 he had the unlucky idea to travel and he sailed at Portsmouth on the 
 13th March 1853" — he never Avas at Portsmouth at all — "to go to 
 Valparaiso, he remained in those countries about a year and then 
 sailed on the 20th of April 1854 at rio Janeiro to go to Ncav York, 
 ever since that we have not heard anything of him — they say the 
 Bella, the ship that he sailed with was wrecked but nobody can say 
 it for certainty, w^e heard part of the crew had gone to Melbourne 
 and had dispersed about the Country and it is that that induced me 
 to write to you on the 19th May last year and this business has gone 
 very slowly I am sorry to say. "When Roger Avent into the Army he 
 was 19 years of age" — he was older, he Avas A'ery nearly 21 — "It AA-as 
 in the dragoon guards the earabineers. When he quitted home he 
 was 21 years of age in 1853" — In point of fact he Avas 24 — "I giA^e 
 you aU these details that you may better knoAV him, he is a roman 
 catholic and used to be a very good one — I do not know AA'hat his 
 religious feelings may be at present, his father Sir James Avas a 
 Roman Catholic and I am one myself, all the family is. I suppose 
 you have received the letter I wrote to you in february I sent you 
 one for my dear roger and I hope you Avill have ansAvered it by the
 
 ( 507 ) 
 
 next Mail, here in Paris letters for Sydney only go once a month. 
 There is a man in Sydney avIio lived formely with Sir Edward 
 Doughty as a valet, Sir Edward doughty Roger's uncle left him 50/. 
 a year and he has been living in Sydney ever since, he is a negro 
 quite black he is coming from Jamaica his name is Bogle — I do not 
 know his address at Sydney. Koger knows him very well I do not 
 know whether it would be of some use to see him as he is sure to 
 Avrite to England immediately about roger being found and I don't 
 think it ought to be known before Roger is there on the spot to 
 answer for himself, however that man could identify him as well as 
 anybody. I leave it to you to do as you think best, he may be in- 
 clined for the Collaterals who have an interest in not acknowledo-ino; 
 him. I have only one thing to add which is that I am very anxious 
 that that business should go on as quick as possible, of course if I 
 find my beloved son again it will be a consolation to me, but he must 
 be identified. I have written to Mr. Gibbes to tell him so, I am 
 afraid my letter will never reach him. Roger never knew his grand- 
 father" — Which clearly shows that some communication had been 
 made with reference to his grandfather — " Sir James's Father was 
 dead even before Sir James married. Since I wrote to you I have 
 had the very cruel and awfid misfortune to lose my second son Sir 
 Alfred Tichborne, of course it makes me still more anxious if possible 
 to find my dearest roger again but notwithstanding that Roger must 
 be identified and we must be sure of his being my son which I cannot 
 say unless I have seen him. I remain Sir Truly yours h. f. tichborne. 
 You had better continue to send your letters to my Banker, Mr. 
 Callaghan & Co 40 Rue Neuve des Mathimns Chaussee d'antin, 
 Paris. Sir Edward Doughty was Sir James' brother, he took the 
 name of Doughty because he inherited a large fortune which will 
 belong to Roger Charles now if he will only come over to England 
 to be acknowledged I think he ought to come to meet me first either 
 in Paris or London. The only way to go on with that business is 
 that Roger should come over immediately and when I have seen him 
 the things will soon be straight Roger says in his letter that he 
 wishes to have 200/. for the passage money and 200/. for a few little 
 debts he has in Sydney, but of course the first thing is to identify 
 him." As I said just now, it is plain from this that the defendant 
 had sent some message or made some allusion to his grandfather. 
 
 She writes in the same way to Mr. Gibbes. " I wish to acknow- 
 ledge your letter and also to thank you for it. I must begin by 
 saying that to see my dear son again would be the greatest happiness 
 I could have in this world and having had the awful and most 
 melancholy misfortune to lose my younger son Alfred Joseph I 
 should of course appreciate that Happiness still more if possible, but 
 notwithstanding all that, Rogers identity must be beyond any doubt
 
 ( 508 ) 
 
 and lie can not be identified till he comes Avliere I am either in 
 England or in Paris. I can not send 400Z. unless I am perfectly 
 sure of his identity and you must understand" — she gives him this 
 information to enable him to judge whether the party he had Avi-itten 
 about was really her son or not — " you must understand that Roger 
 has been three years at the Jesuits college at Stonyhurst, and when 
 he was 19 years of age in 1852 he went into the dragoon guards" — 
 so far from going into it in 1852 he left it in that year — "Avhere he 
 remained nearly two years" — he was there three years and a half — 
 " he passed his examinations well before he got into that regiment, 
 he never kncAv his grandfather. Sir James's father was dead even 
 before I married his father. Roger was born in paris and spoke 
 french I believe better than english. I should be glad to know 
 whether he is married or not. I enter into all these details that you 
 may be able to know him but I repeat I can not send any money till 
 he has been identified and that can not be done I am afraid till he 
 comes to England, perhaps his creditors would allow him to come 
 over and would consent to Avait to be paid till he has been identified 
 in England, and if he Avill not tell them who he is he must under one 
 pretence or other contrive to come to England — before I conclude 
 this letter I must recommend you once more to try to find out the 
 truth so that it should be beyond doubt that that young man is my 
 dear son roger Charles tichborne" — All that is extremely sensible: 
 she is giving particulars by which her son can be identified, and says, 
 I cannot send 400Z. until I have something like facts to go upon — 
 " I must however beg of you to bestow the greatest attention on that 
 business and that poor young man Avho I repeat it once more cannot 
 be identified till I see him." Again she repeats — " perhaps his credi- 
 tors could alloAv him to go over to London to meet me and would 
 consent to wait to be paid till he is identified, if he is really roger 
 diaries tichborne my son of course there will not be any difficulties." 
 
 She is evidently not altogether satisfied : from that letter she 
 seems to have had some misgiving. She began to feel some little 
 alarm ; she had had no satisfactory information conclusively establish- 
 ing his identity. That letter being of the lOtli of May, she writes 
 again on the 18tli, lest the first letter should not have come to the 
 hands of Mr. Gibbes, and she repeats substantially the same thing. 
 I do not think I should do any good by reading the second letter, 
 because in effect (although it may vary a little in expression) it is 
 the same thing she had Avritten in the letter of the 10th May. 
 
 Now I need not say all this must have been very startling 
 indeed to Mr. Gibbes and Mr. Cottee, who had sent the defendant 
 on to Sydney, the will they asked for having been executed, with the 
 view that the manager at Sydney should advance the 400/. or Avhat- 
 ever the sum was the defendant desired to obtain. Here Avas informa-
 
 ( 509 ) 
 
 tion wliicli they had not before heard of, and wliich must have made 
 them shake their heads and entertain, certainly for a time, very con- 
 siderable doubts if this could be the real Koger Tichborne, seeing 
 that the representations made by Lady Tichborne in these letters 
 were altogether inconsistent with the statements the defendant had 
 made to Mr. Gibbes while he was at Wagga-Wagga. 
 
 It must have startled them to learn from the letter of the 10th of 
 INIay, Avhich would arrive in the coiu'se of post at the end of June or 
 beginning of July — that, instead of Roger Tichborne having been 
 educated by a Christian brother in the way he described, by snatches 
 when opportunity occurred, he had been three years at the Jesuit 
 College at Stonyhurst, Avas born at Paris, and had spoken French 
 better than English. That must have startled Mr. Gibbes. " Spoke 
 French better than English ! Why, I tried him in French and he 
 could not speak a word of it." " Three years at a Jesuit college ! He 
 told me the only education he had had was from a Christian brother, 
 and he accounted for his want of education by telling me his educa- 
 tion had been impossible owing to his having had St. Vitus's dance 
 when a boy." " Three years in the army as an officer ! He never 
 said a word to me about having been in the army. What can be the 
 meaning of all this?" Forthwith one of them, either Gibbes or 
 Cottee, telegraphs, and then the defendant telegraphs back. We 
 have not the telegrams sent to him, but we haA'e his in answer, from 
 which we may gather the inquiries put to him. " Sydney 25 June 
 1866. From Roger Tichborne to Mr. Cottee of Wagga-Wagga. 
 Have received telegram from Gibbes. My brother was at Win- 
 chester College Yorkshire. Hallin of Bridport Dorsetshire was 
 father's agent." Winchester College, Yorkshire, was of course a 
 fiction ; there is no Winchester College, Yorkshire. It occurred to 
 me — I was some time before I hit on the solution — Why on earth 
 should they have telegraphed to him to ask about the brother's place 
 of education ? If they asked about his own I could have understood 
 it, but why ask abovit his brother? I meant to ask Mr. Gosford 
 about it, but I forgot to do it, why they inquired what was the 
 place of education of this brother ? It was only quite recently that 
 on further consideration the solution occurred to me : I imagine 
 that when they were startled by Lady Tichborne's letter, and 
 the apparent inconsistency between her statements and those of 
 the defendant, knowing, fi'om frequenting the institute at Wagga- 
 Wagga, that the ' Illustrated London News' was taken in there, and 
 that it contained the obituary of deceased persons of any position in 
 the world — they looked for what particulars they could find about the 
 family, and there they would find it stated that Alfi-ed Tichborne, 
 whose death was recorded in one of those papers, was educated at 
 Prior Park, one of the Roman Catholic educational establishments.
 
 ( 510 ) 
 
 That is my conjecture. I suppose that, by Avay of testing his know- 
 ledge of the family, they telegraphed to know, " AVhere was your 
 brother educated ?" ^\n[aatever may have been the motive, no doubt 
 they did telegraph that. The answer is, " Winchester College, York- 
 shire." That would not be satisfactory, of course. And then, learn- 
 ing from the Dowager Lady Tichborne's letter that he had been in 
 the army, they telegraphed to him again as to what regiment he was 
 in. The telegraphic answer comes back, "In the 66th." They also 
 asked him by telegram, " Where were you educated ?" " High 
 School, Southampton." " Name of the agent in Tichborne Park 
 when you left ?" " Name of agent for Tichborne Park when I left, 
 I do not know." The result was so unsatisfactory that to prevent 
 the bank from advancing the money till further inquiry had been 
 made Mr. Gibbes starts at once for Sydney. 
 
 Let us pause for a moment on these things. Can it be said that 
 the defendant had any motive in answering wrong. Could there 
 have been any object in deceiving Mr. Gibbes? I cannot under- 
 stand that there can have been. I can see none. Of course, by 
 giving answers inconsistent Vith the truth, he covild only be endan- 
 gering his claim, whether it Avas a real one or a fictitious one ; there- 
 fore, if he knew the truth, one woidd expect him to ansAver according 
 to the truth, and when asked in what regiment he had been, to 
 answer " the 6th Dragoon Guards." I should have thought at first 
 that it w^as a mistake of the telegraph, and that what he really 
 meant was the 6th. But we shall find presently that it certainly was 
 not a mistake in the transmission, but a deliberate statement. " High 
 School, Southampton." We know Roger Tichborne never Avas there. 
 *' Name of agent for Tichborne Park w^hen Roger Tichborne left? — 
 I do not know." Could Roger have returned that answer? The 
 agent at Tichborne Park was his confidential friend and correspondent 
 for so many years, to whom he had Avritten that long series of letters 
 ha\dng reference to everything that a man could speak of confiden- 
 tially to his most intimate friend. Is it possible that Roger could 
 have forgotten who AA^as the agent for Tichborne Park ? Could the 
 memory and name of Vincent Gosford haA'e been obliterated from 
 his remembrance ? The effect of these telegraphic ansAvers Avas 
 certainly not such as to reassure the disturbed minds of Mr. Gibbes 
 and Mr. Cottee, and they thought the best thing to be done was for 
 Mr. Gibbes to start and go to Sydney, Avhere the defendant then was. 
 
 Accordingly Mr. Gibbes does so. He sees the manager of the 
 bank, and then it was arranged that the matter should be referred to 
 the solicitor of the bank, a gentleman of the name of Macarthy, who, 
 Mr. Gibbes assures us, was a gentleman of intelligence and respecta- 
 bility, for AA'hich, indeed, his position at the bank is a sufficient 
 voucher. They required the defendant to come to Mr. INIacarthy's
 
 ( 511 ) 
 
 office, and an appointment Avas made accordingly. A conversation 
 takes place, which ]Mr. Gibbes detailed to us, and the substance of 
 which was embodied in notes made and signed by Mr. Macarthy. 
 
 Mr. Gibbes gives us this account of what passed. " Mr. Macarthy 
 asked the defendant at what college he had been educated, and men- 
 tioned that his mother had said he had been at Stonyhurst" — this was, 
 of course, inconsistent with what he had -told Mr. Gibbes about his 
 education ; therefore the mother's statement involved him in a direct 
 contradiction. — " He said he had not been at Stonyhurst. He asked 
 him the number of his regiment. He said it was the 66th ; they 
 were called the Blues. Mr. Macarthy detected that, and made a 
 remark about it as he Avent down-stairs. He also asked him the 
 name of the colonel of the regiment. He said he thought it was 
 Wilson." We know perfectly well there was no colonel of the name 
 of Wilson in the regiment during Roger Tichborne's time in it. 
 He may, however, have confounded it with Jackson. " He asked 
 him what examination he had passed. He said he passed no exami- 
 nation on entering the army ; he said he had only been a private. 
 Mr. Macarthy then asked if he woidd describe the drill, and how 
 they fall-in four deep. The Lord Chief Justice : What led to 
 the cavalry di'ill ? ^Ve have not had any up to this time ? — He said 
 he had been in a cavalry regiment, my lord. Mr. Macarthy asked 
 him as to cavalry evolutions. Q. What particular questions ? — One 
 particular question as to falling-in four deep — it was falling-in some- 
 thing deep; I believe it to have been four deep. He said he had had no 
 drill to speak of, as he had been only thirteen days in the regiment. 
 He gave that as the reason why he could not describe the drill. 
 Mr. Hawkins : Have you told us all that you recollect ? — He also 
 mentioned something about having gone away from home that he 
 might get out of his father's power, or something of that sort — that 
 his father could not get him out of the regiment. There had been 
 some money ti-ansaction at Brighton. The Lord Chief Jus- 
 tice : He gave that as the reason for enlisting?— He gave that as 
 the reason for enlisting; there had been some money affair at 
 Brighton — the card case at Brighton he afterwards explained to me. 
 We then went away. Q. He did not go into the card case at 
 Brio-hton then ? — I do not know that he described it as the card case 
 at Brighton then, but some money arrangement. He gave aU the 
 answers; I saAV them -wT-itten myself, and those answers are the 
 answers he gave. They are accurately true, though they may not be 
 literally verbatim." 
 
 Now the result, as I have said, was embodied in a memorandum 
 signed by Mr. Macarthy and which we have. The answers are 
 succinctly given in it. " What college '?— Mother's statement as to 
 college denied. What regiment ? - 66th Regiment Light Dragoons"
 
 ( 512 ) 
 
 — agreeing, yon see, with the telegram — " Bhies ; sword and carbine 
 as arms. What capacity ? — Private. Name of agent? — Forgotten. 
 Where born ? — Dorsetshire. Mother went to France immediately after 
 confinement — to Cherbourg. Left France for England when about 
 eleven or twelve years old. The above notes taken by me, Hy. 
 Macarthy." Mr. Gibbes adds that a ftirther conversation took place 
 at this interview respecting his having been at school at Southampton. 
 " Do you recollect anything further that took place at that interview ? 
 — No, it does not suggest itself to me. Q. I only suggest a name 
 to you: was the name of Southampton mentioned at all? — He said 
 he went to school at Southampton. The Lord Chief Justice : 
 W^as it at that interview ? — He said that there, and he said afterwards 
 he blamed himself that he had not told me at Wagga-Wagga. Mr. 
 Hawkins : Did he say only that he had gone to school at South- 
 ampton, or did he give you particulars of it — Avith whom he was at 
 school, or whereabouts he was at school at Southampton ? — He did 
 give me the school, but I cannot remember the name of the school. 
 Q. Or the street or place in Southampton ? — No, I do not know the 
 name of a single street in Southampton." 
 
 The interview being over the defendant and ]\Ir. Gibbes go back 
 to the hotel. Mr. Gibbes represents the defendant as in a state 
 of great excitement. Mr. Hawkins asks : " What took place at 
 the Metropolitan Hotel ? — He said most emphatically, ' I never 
 was an officer.' He struck the table and said, ' By God, I have a 
 damned good mind not to go near her at all when I get home' — Most 
 emphatically he said it." No doubt, if he said these words they are 
 emphatic words — " He said one thing ; that he ran away and joined 
 the Dragoons, and was brought back by his father and kept strictly 
 at home till November, Avhen he sailed from England" — Roger 
 Tichborne did not sail fi-om England in November, he did not leave 
 till March ; it was Arthur Orton wdio left England in November — 
 " Mr. Justice Lush : Ran away and joined the Dragoons, and was 
 taken back by his father, and what ? — Kept strictly at home until he 
 left in November. The Lord Chief Justice : You say he stated 
 that to you ? — He stated that to me. Q. When did he state that to 
 you ? — I was only a little time in Sydney, and we had a good many 
 interviews, so I could not say which particular day. Q. But I mean, 
 did he tell you that in Sydney, or before in Wagga-Wagga ? — In 
 Sydney. Mr. Justice Mellor: Shortly before you wrote the 
 letter ?— Just shortly before I wrote the letter." That is a letter to 
 Lady Tichborne, in which he told her all the particulars. Then the 
 jury interpose. " You say that he said that his father took him 
 away ft-om the regiment after thirteen days ? — Yes. Q. And kept 
 him in strict confinement until November? — Yes. The Lord 
 Chief Justice: Kept him strictly at home? — At home. The
 
 ( 513 ) 
 
 Jury: Did he say Avlierc that was? — I cannot say that. Q. Did 
 he say what town he was taken fi-om — where he was quartered at that 
 time? — No." Tliat tliis was connected by the defendant Avith Avhat 
 has been called the Brighton card case appears clear from another 
 passage in Mr. Gibbes's evidence. He is asked: "You were going 
 to explain, before he left Sydney, or at Sydney, there was something 
 said about the card case. Was any explanation given you at Sydney 
 of what was meant by the expression, ' card case' ? — Yes. Q. Will 
 you tell the jury what that Avas? — That he lost money at cards ; had 
 been swindled, I understood. The Lord Chief Justice : What 
 led up to this ? An isolated observation of this kind is hardly 
 satisfactory. What led to anv talk about cards at all ? — That was 
 first of all mentioned in the letter to his mother as one of the things, 
 the card case at Brighton. Q. What question led to his explaining 
 about that? — Some question I put to him, because I was under the 
 idea that it Avas some youthful freak — that he had stolen some lady's 
 card case — some bit of fun. Q. ^Vhat question did you put? — I 
 cannot say Avhat question ; but, in answer to whatever I did say 
 about the card case, he told me that it had been connected Avith a 
 money transaction, that he had been SAvindled at Brighton. Q. Any- 
 thing else ? — That thereupon he had either draAAm — Q. What? — 
 Ke had done something AA^hich had occasioned his going aAvay — 
 enlisting, to aA^oid his father." 
 
 Now, the eA'idence of INIr. Gibbes and these documents is con- 
 firmed by that of Mr. Frederick Cubitt, Avho had formerly lived at 
 NorAvich, but AA-as at this period in the office of his brother in the 
 Commission Agency and IMissing Friends' Office at Sydney. He 
 says he remembers the time AA'hen the defendant sought to obtain a 
 loan fi'om the bank, and he remembers the defendant coming away 
 fi'om the bank on one particular occasion, Avhen he had been before 
 Mr. Macarthy, and that he came back in an excited state, and said : 
 " They Avould do nothing for him because he could not give a proper 
 description of his military life or regiment. Q. What do you mean 
 by excited state ? — ^ Annoyed or excited about it. Q. And said they 
 Avould not AA'hat? — They Avould not do anything for him because he 
 could not giA'e any explanation of his dress or regiment, or Avords to 
 that effect. Q. Did you say anything ? — I asked one or tAvo 
 questions about the regiment. Q. What did he say ? — He implied 
 the 16th Dragoons, or some number that Avas utterly wrong. The 
 Lord Chief Justice : Hoav did you knoAv it Avas Avrong ? — He gave 
 some nvimber that I kncAv did not exist of any such regiment ; I have 
 no idea Avliat, but it Avas some Avrong number. Mr. Serjt. Parry : 
 HoAV did you knoAV the regiment AA^as Avrong ; you say you do not 
 remember hoAv it Avas Avrong ? — Norwich is the depot for cavalry 
 regiments, and for years I have been acquainted with and know the 
 
 L L
 
 ( 514 ) 
 
 numbers, Q. How do you mean a regiment that does not exist at 
 all ? — Knowing there is the 16th Lancers, if he called them 16th 
 Dragoons I should know he was wrong. The Lord Chief Justice : 
 Whatever he said, you knew he was wrong ? — I knew there was no 
 such regiment. Mr. Serjt. Parry: That you are sure of ? — Per- 
 fectly sure of The Lord Chief Justice : Did you make any 
 observation upon it ? — I said, ' Why, there is no such regiment !' 
 Then he said, ' How should I recollect that ? I was only in it a few 
 days ; I enlisted for a spree.' That is all that was said at that time 
 that I remember now. Mr. Serjt. Parry : Did he say anything 
 of how he got out of the regiment? — I think he said his father 
 bought him off." 
 
 Let us now see Avhat the defendant has to say with reference to 
 
 these proceedings. His attention Avas drawn, on cross-examination, 
 
 to a later letter of Lady Tichborne's of the 17th September, in which 
 
 she deals with matters which ]\Ir. Gibbes had mentioned in writing 
 
 to her — a letter to which I shall have to refer further on. " Can you 
 
 explain how Mr. Gibbes came to say that you had made statements 
 
 to him about enlisting ? — I made no statements to him aboiit enlisting 
 
 at all. Q. That, of course, you are sure of? — Quite certain of that." 
 
 Then the passage from the letter is again read, " ' I believe him to 
 
 be my son, notwithstanding what he told you about enlisting, and the 
 
 other statements he made to you different from mine:' Cannot you 
 
 throw any light on that statement? — Xo, I cannot. Q. You cannot 
 
 think how Lady Tichborne came to say that? — Xo. Q. Mr. Gibbes 
 
 was called by you, was he not, before the Australian Commission ? — 
 
 I think not by me. Q. ]\Ir. Wyatt represented you, did he not ? — 
 
 Yes. The Solicitor-Gexeral : He seems to have been called by 
 
 you" — There is no doubt in the world he was — " The evidence is at 
 
 page 180 of the Australian Commission. Did you ever say, upon being 
 
 asked what regiment you were in, the 66th; that they were armed 
 
 with swords and carbines, like dragoons ; that they were the Blues ; 
 
 that you had been a private, and only thirteen days in the regiment ? 
 
 — I did not. Q. Did you read that evidence of Mr. Gibbes ? — No, I 
 
 did not. Q. Has not that been drawn to your attention by anybody? 
 
 — It has not. It was not drawn to your attention that Mr. Gibbes, the 
 
 man who was your attorney, and of whom you spoke so highly, said 
 
 that ? If he said it, it is all untrue ? — It is all untrue, if he said so. 
 
 It is all untrue ? Mr. Serjt. Ballantixe : It is all untrue if he 
 
 said so ! There is a great deal of explanation to be given. The 
 
 Solicitor-Gexeral : There is a great deal of explanation both 
 
 required and to be given: still, is it not true? — It is not true. 
 
 Q. That you were only a private, and only thirteen days in the 
 
 regiment ? That you were asked where you were born, and you said, 
 
 ' Dorsetshire.' Did you say any part of this ? Did you ever say
 
 ( 515 ) 
 
 you -were in the 66tli? — Certainly not. I said I was in the 6th. 
 Q. Did you ever say they were armed with swords and carbines, 
 and light dragoons? — Certainly. Q. Did you say they were the 
 Blues ? — Yes, they were dressed in blue. Q. What ? — Blue dress- 
 ings. Q. Blue dressings? — They wxrc blue. Q. Did you say 
 they were the Blues, is the question ? — No, not the Blues ; but that 
 they were blue. Q. Did you say that you were a private ? — I did 
 not. Q. That you SAvear, never to anybody? — That I swear. 
 Q. And that you were only thirteen days in the regiment? — That 
 I swear. Q. Did you say that you were born in Dorsetshire ? — I 
 did not. Q. And you cannot account for your mother (Lady Tich- 
 bome I mean) saying you told something to Mr. Gibbes about 
 enlisting ? — Xo, I cannot ; I am not aware she said anything about 
 it." Then the passage is again read, and he is asked if he can 
 explain it. He says, " No." " Q. If you said you were a private, 
 you cannot explain that? — But I never have said it." Gentlemen, 
 the defendant and Mr. Gibbes are here directly at issue. One or 
 other has sworn falsely. Which do you believe ? 
 
 INIr. Gibbes further tells us that, Avhen he Avas at Sydney, he con- 
 sulted the ' Baronetage ' to find some account of the family, and he 
 found that the mother's name, which in the Avill had been put as 
 " Hannah Frances," was there stated to be Harriet Felicite. He 
 calls the defendant's attention to it, and reproaches him with having 
 told him his mother's name w^as Hannah Frances, when in fact it 
 was Harriet Felicite. To Avhich the defendant answ^ers, " Well, all 
 I know is, she was ahvays called ' Lady Frances.' " That might 
 appear at first sight a plausible explanation. But could it have been 
 the fact ? Certainly not, consistently Avith any of the rules of social 
 etiquette. She could not he called Lady Frances imless she Avas 
 the daughter of an earl or peer of higher degree. She could not be 
 called Lady Francis unless her husband AA^as Lord Francis Tich- 
 borne, which Ave knoAv he was not. But it may be said that the Avife 
 of a baronet, if there happens to be a second lady of the same name 
 — the Avife of a deceased predecessor — may be so called— Ave find this 
 lady was sometimes called Lady James Tichborne by Avay of dis- 
 tinction. But there is this difficulty, that Roger never could liaA^e 
 knoAvn his mother to be called Lady Francis, for tAvo reasons : in 
 the first place, his father ncA'er succeeded to the title Avhile he was 
 in England, and his mother would not be called Lady anything 
 Tichborne at that time ; if she had been, as her husband Avas always 
 called Sir James Tichborne, and not Sir Francis, she Avould have 
 been called, as she afterAvards appears sometimes to have been called. 
 Lady James Tichborne, and not Lady Francis. 
 
 Gentlemen, there is another matter connected with Sydney, which 
 calls for observation. On his Avay to Sydney, the defendant had left 
 
 L L 2
 
 ( 51G ) 
 
 his wife, and his infant daughter with her, at Goulburn, which is an 
 intermediate place, where her father and mother were living. On 
 the 9th of July he goes back all the way from Sydney to Goulburn 
 for the purpose of having the ceremony of marriage performed over 
 again by a Roman Catholic priest, in a Roman Catholic place of 
 worship, according to the rites of the Roman Catholic Church. 
 Why should he have done that ? Well, a fair explanation occurs to 
 me. He was going home to England, to present himself as a mem- 
 ber of an old Roman Catholic family, and it woidd look very badly 
 indeed in their eyes if it turned out that he had no marriage certifi- 
 cate to produce beyond that of a dissenting minister, certifying a 
 marriage Avhich had been performed in a private house. Therefore, 
 if, contrary to what Mr. Gibbes tells us was his original intention, 
 he conceived at the last moment the intention of taking his wife 
 home with him to England, it might very Avell occur to him to get 
 re-married, so that in case any inquiry should be made as to where 
 and how he Avas married, he might be able to give a satisfactory 
 answer. That seems a reasonable explanation. The difficulty about 
 it is that, as he passed through Goulburn on the way to Sydney, it 
 would have been much more simple to marry Avhen he Avas there, 
 instead of going all the Avay to Sydney merely to have to go back. 
 And it has been suggested that it Avas only at Sydney that he, for 
 the first time, discovered that the Tichbornes Avere a Roman Catholic 
 family ; Avhich may liaA^e become knoAvn to him in either of two 
 ways. It may have been disclosed to him by the letter of Lady 
 Tichborne, Avhich arrived after he got to Sydney, in Avhich she states 
 that the family Avas an old Roman Catholic family, and Roger a 
 good Roman Catholic, and that she and her husband Avere Roman 
 Catholics; but it is doubtfid Avhether that letter, Avhich Avas of the 
 lOtli of May, could have arrived in time— though it is not impossible 
 — for him to go back to Goidburn to be married on the 9tli of July. 
 Or he might on looking at the ' Baronetage,' Avhich aa^c knoAV he did 
 Avhen he got to Sydney, have seen it there stated that the family Avas 
 .Roman Catholic. But neither of these solutions Avill hold, if Ave 
 can place reliance on ]\Ir. Gibbes as to dates, because that gentleman 
 states that while still at Wao-o-a-Wao-p-a, the defendant had told him 
 that the family were Roman Catholics, although he Avas not a devout 
 son of the church, nor prepared to make sacrifices in favour of the 
 church. Suppose he had not originally the intention of taking his 
 wife to England, but intended to conceal the fact of his marriage, 
 thinking it might operate to his prejudice, as inconsistent Avith his 
 being Roger Tichborne ; and that, as Mr. Gibbes says he told him, 
 and AA'hich is in itself not unlikely, that it Avas his feeling toAvards 
 his child, Avlien he saAv in the child a strong likeness of himself, that 
 determined him to take mother and child Avith him to England —
 
 ( 517 ) 
 
 su2">pose, what one can quite luiderstand, tliat he began to think, 
 especially Avhen he got to Sydney, " I do not like the idea of leaving 
 Avife and child behind — I will take them Avith me to England" — 
 then, inasmuch as it would occur to him that it would not be satis- 
 factory to take his wife and child to England without having had a 
 marriage Avliich in the eyes of a Roman Catholic family would be 
 legitimate, he determined to go back and get re-married in a proper 
 Avay by a Roman Catholic priest, and he did so. That might be a 
 fair solution of his going back to Goulburn and re-marrying, and 
 fetching his wife, so that we need not look for a solution of it in the 
 discovery of his being a Roman Catholic as the immediate cause of 
 his going back and going through a new ceremony. At the same 
 time the other view of the case is quite possible. Gentlemen, Ave 
 will stop there for to-day, and finish the Sydney history to-morroAv. 
 
 ONE HUNDRED AND SEVENTY-SIXTH DAY. 
 
 Tuesday, Fcbruari/ 10, 1874. 
 
 The Lord Chief Justice : Gentlemen of the jury, I called 
 your attention yesterday to the statement of the defendant taken by 
 INIr. INI'Carthy, the solicitor to the bank, and to the substance of 
 that statement as reduced to a short summary by Mr. M'Carthy, 
 and to the fact that in that statement so made and summarised, the 
 regiment into AA'hich the defendant said he had enlisted is put doAvn 
 as the 66 til, Avhich agrees exactly with the telegram A\hicli Avas sent 
 by the defendant in answer to the telegraphic message of Mr. Cottie 
 and Mr. Gibbes. I am now going to call your attention to a still 
 more remarkable document, and perhaps I may say the most re- 
 markable document A\-hich presents itself in the Avhole course of 
 this most extraordinary case. NotAvithstanding the statements made 
 to Mr. M'Carthy, the solicitor of the Australian Joint Stock Bank, 
 it seems the bank hesitated about advancing this sum of several 
 hundred pounds Avhich the defendant Avanted. INIr. Gibbes Avas 
 about to leave Sydney to go back to his ordinary place of residence 
 and business, and he Avas desirous, if he could, of assisting the 
 defendant to get the money he required, and he had recourse to a 
 Mr. IVlilford, a solicitor and friend of his OAvn, and, as he tells us, no 
 doubt truly, a man of great respectability. He placed the defendant, 
 as it Avere, in Mr. INIilford's hands, and it occurred, either to INIr. 
 Milford or j\Ir. Gibbes, that it might advance the defendant's in- 
 terests if he made what is called a statutory declaration. You are
 
 ( 518 ) 
 
 aware, I dare say, that by modern legislation power is given to 
 parties who wish to verify particular statements, where an oath is not 
 admissible, to make what is called a statutory declaration, which is a 
 declaration made with certain forms and solemnities, and to which 
 penalties are attached in case of a false statement being made, in like 
 manner as penalties follow upon a false statement made upon oath. 
 It was proposed that the defendant should make such a statutory 
 declaration. Mr. Gibbes thought it right to accompany the sugges- 
 tion by pointing out to him that if he made any statement in it which 
 w^as contrary to the truth he would render himself liable to punish- 
 ment ; and his answer was, " I quite understand all about that." 
 Accordingly, Mr. INIilford, having before him one of the blank forms 
 used on such occasions, to be filled up, takes down the statements of 
 the defendant in answer to questions he put to him. This draft was 
 afterwards copied out, and INIr. Gibbes tells us they proceeded to a 
 notary public, and there the defendant made the declaration and 
 subscribed it in the usual formal manner. The declaration so signed 
 was retained by him with a view to its being used, if opportunity 
 should occur, Avith any of the moneyed people at Sydney, as likely 
 to influence their minds as to advancing money. Whether it had 
 any such success in the sequel it is not important to us to know ; but 
 it is very important to us to know wdiat the defendant put into it. 
 The original is not forthcoming, but we have the draft taken down 
 from his own lips, and the statement so made, is, as I have said, one 
 of the most remarkable documents w^e have in the whole course of this 
 cause ; it is as follows : — " I, Roger Charles Tichborne, of Tichborne 
 Park, in the county of Hampshire, in England, but lately residing 
 at Wagga-Wagga, in the colony of NeAv South Wales, Baronet, do 
 solemnly and sincerely declare that I have been lately residing at 
 Wagga-Wagga aforesaid under the name of Thomas Castro, and 
 that the" annexed jDhotograph marked A is a true photographic like- 
 ness of myself, and I further declare that I was born on the 5th day 
 of January, 1829, and that I am the eldest son and heir-at-law of the 
 late Sir James Francis Doughty Tichborne, of Tichborne Park 
 aforesaid. Baronet, by Henriette Felicia, his wife" — So far, if the 
 defendant is Roger, the statement is not open to any exception what- 
 ever. It continues:— "That I arrived at Melbourne on the 24th 
 day of July, 1854" — and now comes the passage to Avhich your 
 attention has most particularly to be directed : — " That I left England 
 in the 'Jessie Miller' on the 28th of November, 1852." For you 
 have to ask yourselves Avhether it is morally possible that Roger 
 Tichborne could have made that statement. Roger never set his 
 foot on the ' Jessie Miller' in the whole course of his life, and unless 
 he heard of the ' Jessie Miller' fi'om Arthur Orton, when they were, 
 as the defendant states, consorting together in the bush, Roger never.
 
 ( 519 ) 
 
 most assuredly, heard of the name of the ' Jessie Miller.' The 
 ' Jessie Miller' was the ship in which Arthur Orton sailed from Val- 
 paraiso to London in 1851. Again : " I left England in the 'Jessie 
 Miller' on the 28th of November, 1852." Roger left England in the 
 month of March, 1853. He sailed, as you remember, in the French 
 ship 'La Pauline' for Valparaiso. He left Havre on the 1st of 
 March, and after beating about in the Channel, he put into Falmouth 
 on the 8th, and finally left that port on his voyage on the 12th. 
 Nothing can be more certain than that Roger did not leave England 
 in the ' Jessie Miller,' or on the 28th of November ; bvit who did 
 leave England on the 28th, or, at all events, on the 29th of November, 
 1852? Arthur Orton. Arthur Orton's ship (he went out in the 
 * Middleton') left the river on the 29th. One of the witnesses from 
 Wapping, called for the defence, who saw him in the docks at the 
 last moment, stated that the vessel was to have gone out on the 
 preceding day, but was detained till the next tide, and the probability 
 is that Arthur Orton went on board the vessel on the 28th, and she 
 sailed on the 29th ; at all events, within a dav or two of that is the date 
 in the November of that year when Arthur Orton sailed for Hobart 
 Town. And you will bear in mind that one of the statements made 
 by the defendant — if the evidence I read to you yesterday can be 
 relied upon — was, that he got into some scrape, about some money 
 matter, and in consequence of that, went and enlisted, and Avas got 
 out of the regiment by his father, and kept under close surveillance 
 until he left England in the month of November. So that we have 
 that month of November twice referred to as the period at Avhich the 
 defendant says he left England. Is it possible to reconcile that 
 statement of his having shipped in the ' Jessie Miller' instead of the 
 ' Pauline,' and having gone out in November, 1852, instead of 
 March, 1853, Avith the identity of Roger Tichborne? It may be 
 asked, hoAv should the ship, ' Jessie Miller' and the date of November 
 suggest themselves to the mind of the defendant? Only, I agree, on 
 one hypothesis, to be considered hereafter. For the present we must 
 not allow our attention to be diverted from the real question, Avhich 
 is, Avhether that ship and that date could have been present or have 
 suggested themselves spontaneously to the mind of Roger. Noav, if 
 a man, representing himself to be a particular individual, is suddenly 
 asked to name the ship in AAdiich, and the time at Avhich, he left a 
 given place, and he has no knoAA'ledge of the real facts as to when, 
 or in what ship, the indiA'idual to AAdiom the question relates did 
 leave, he must do one of tAVO things: he must either draw on his 
 imagination and invention, or turn to his memory to supply some 
 ship or some date which may happen to occur to him — some 
 ship he has himself sailed in, and some date on AA^hich he has started 
 on a voyage. Of the two it is perhaps the more likely that a ship in
 
 ( 520 ) 
 
 ■\vhlcli lie has sailed, and a time at wliicli lie lias sailed, should 
 suddenly present themselves to his mind. The defendant says, I am 
 ready to make a statutory declaration. Mr. Milford, the solicitor, 
 takes pen in hand, and says to him, " Just let me take doAvii from 
 you who and Avhat you are." He describes himself. " When were 
 you born?" He has that in his mind and states it. "When did 
 you arrive in this country?" On such a day. " When did you leave 
 England?" — The question has to be answered, and if the man is not 
 certain when the particular individual whom he represents himself to 
 be did leave, as I said before, he must invent a date or apply some 
 date, true as regards himself, but false as ^-egards the particular 
 individual about Avliom the inquiry is made. So with regard to the 
 ship — "What ship did you sail in?" The first thing that would pre- 
 sent itself to his mind would be the recollection of some ship in which 
 he had sailed himself, and so he would mention the name. That is 
 the one alternative. He might no doubt have taken the other com'se 
 and given the first date that came uppermost, and said that he 
 shipped in the ' John Smith,' or ' Jessie Brown,' or a ship of any 
 name his fancy might suggest. But the statement thus made by the 
 defendant cannot by any possibility have been the suggestion of 
 fancy, because there is no amount of improbability so great as would 
 be involved in the supposition that Boger, never having heard of the 
 ' Jessie Miller,' should have hit on the ' Jessie Miller,' or that com- 
 bination of names, and should have also hit on the 28tli of jSTovember, 
 1852, that date having had no reference to himself whatsoever. On 
 the 28tli of November, 1852, Boger Tichborne ^ATote to Lady 
 Doughty fi'om Upton, telling her that he was going to London on 
 that day, and slioidd take a horse with him, and leave it at Win^ 
 Chester with a view of huntinor at West Tisted on the 30th. There- 
 fore it could not have occurred to Boger Tichborne that in the month 
 of November, 1852, he had started in the * Jessie Miller' from Eng- 
 land for Valj)araiso, that being, as I say, several months before he 
 did start, and at a time when he must have been aware that he was 
 sta}dng at Upton. How is it that we can account for these recollec- 
 tions of Arthur Orton's ship and time of sailing being put by Boger 
 Tichborne as part of the events of his life ? I seek in vain for any 
 possible solution of it. The only one that has been offered is the one 
 given by the learned counsel for the defendant, which is, that the 
 recollections of Arthur Orton had become the recollections of Boger 
 Tichborne ; that while dwelling so long Avitli him in the bush, Arthur 
 Orton so frequently narrated the incidents of his life and adven- 
 tures, that they became impressed, as it were, on the mind of the 
 defendant ; so that when he Avas asked as to events that occurred in 
 his own history his memory brought up not those events, but the 
 events that had occurred in the life of Arthur Orton. Whether in
 
 ( ^-^1 ) 
 
 the somewhat nebulous metaphysics of the learned counsel we are to 
 understand that that would be reciprocal, I do not know; whether 
 Arthur Orton is wandering about Avith the recollections of Roger 
 Tichborne's life in his brain, and if you asked him what ship he left 
 Europe in would say ' La Pauline,' and if you asked him what date, 
 would answer on the 1st of March, 1853, I am sure I do not know ; 
 possibly it is only the weaker mind that can be thus strangely operated 
 vipon. But if this, the only solution which has been offered, appears 
 to you to be altogether delusive, then the case stands thus, that in 
 respect of two matters, which it is next to imjiossible llogcr could 
 have forgotten, namely, the name of the vessel in which he had left 
 England for Valparaiso and sailed in during a voyage of several 
 months, and the date at Avhich he left England, the defendant knows 
 nothing, and gives us instead of them a vessel and a date peculiar to 
 Arthur Orton. In your judgment, can this document lead to any 
 other than one conclusion ? It might be, certainly, that the defendant 
 in the course of a long association with Arthur Orton might have 
 heard again and again fi'om him the particular dates at which he 
 (Arthur Orton) left England, and the ship by which he left, or the 
 ships in which he had sailed. And if the question had been, when 
 did Arthur Orton leave England, and in wdiat ship ? and the defendant 
 had been able to answer those questions, I should have thought the 
 explanation a very fair and plausible one — " I have been so long with 
 Arthur Orton, that you must not wonder if I know some of the inci- 
 dents of his life, and you must not assume or infer that I am Arthur 
 Orton, because I am acquainted with those incidents." That would 
 be one thing, but hoAv Roger Tichborne can have confounded impor- 
 tant incidents of Arthur Orton's life with the incidents of his own, I 
 must say I am at a loss to conceive. Gentlemen, those are the ob- 
 servations which present themselves to my mind on that most important 
 document. If you can see any other reason leading you to a difierent 
 conclusion, namely, that these are the recollections not of Arthur 
 Orton but of Roger Tichborne, by all means adopt it. I can suggest 
 none. 
 
 At this time, the defendant having received a letter from Lady 
 Tichborne, which letter, however, is not forthcoming (it may have been 
 amongst those which, as he tells us, were left behind in Australia), 
 and which letter must have been contemporaneous wnth the letters of 
 the 18th May to Mr. Gibbes and Mr. Cubitt, Avhich I read to you 
 yesterday, he writes to her in these terms : — " My dear Mamma, — 
 I receved your letter yesterday morning. And was somew^iat dis- 
 appointed, that you do not Acknowledge me has your son " — From 
 that I gather that she must have spoken in this letter much more 
 doubtingly than she had done in her former letter of the 25th Feb- 
 ruary, in which she addressed him as her " dear and beloved Roger,"
 
 ( 522 ) 
 
 and implored him to "lose no time in coming to his lonely and 
 widowed mother," and in which she seems to have accepted him as 
 her son without any qualification — " Surely my Dear mama you must 
 know mv Avritino-. You have cause me a deal of truble." — You 
 remember I pointed out to you, when going through the letters of 
 the undoubted Roger, he not unfrequently dropped the final "d," 
 which converts the present tense of a verb in English into the past ; 
 but it only occurred occasionally ; you will find that it occurs per- 
 petually in the letters of the defendant — " You have cause me a deal 
 of truble." — Trouble is always written without the "o" — "But it 
 matters not. Has I have no wish to leave A country ware I enjoy 
 such good health I have grown very stout. Yesterday one of Uncle 
 Edwards Old servants call on me. he been living here a long while. 
 He is name Guilfoyle. you must remember him. He Avas remodel- 
 ing the Garden at Tichborne. when I was staying at Uncle Edwards. 
 He knew me has soon as he see me. His wife was with him. she look 
 very young yet. And yet she has eleven children. You spoke of 
 Bougie " — spelt with a " u " — " in your letter to Cubitt. I have made 
 enquire " — " re " instead of " ry " — " but cannot find him. Mr. Turvel 
 is here Avith Sir John Yoimg. I have seen him. And had A long 
 conversation Avith him. I heard that the Rev. Father Phillip was out 
 here, but I cannot find him. My Dear Mama the post closes in ten 
 minits more for France so I will say good bye. in case I am too late. 
 If to late i will send this to England has the English Mail does not 
 close for two hours after the jNIail for France. I have enclose a 
 photograph of myself, that you may see how greatly I have emprove. 
 Hoping my dear mama to see alive once more. But I am aft-aid not 
 has I can not get surfience of jNIoney to come home with. Good bye 
 my dear Mama and may the Blessed Maria have mersy on your soul " 
 — " mercy " being written with an " s " instead of a " c " — " I remain 
 your Affectionate Son, Roger Charles Tichborne." Now there 
 are two or three things which strike one here. This is the first 
 adoption of the term "mama," which you will find perpetually 
 recurring in the form of " My dear mama " in these letters ; and it is 
 remarkable for the reason that Roger, from the time he became a man, 
 never used the term " mamma " in any one of the letters ; and he 
 never repeats the " ]\Iy dear mother," with which a letter commences, 
 except occasionally at the end, when he says, " My dear Mother, I 
 remain your affectionate son." He never repeats " My dear mother," 
 or " mother," in the body of any of his letters, I think I may say 
 without any exception. That is the first observation. The second is, 
 that Roger never introduces religious sentiments or observations, or 
 religious ejaculations, in the com-se of his letters. I do not remember 
 a single instance ; therefore I am struck by the expression — " and 
 may the Blessed ISIaria have mersy on your soul." And this, I can-
 
 ( 523 ) 
 
 not help recollecting, was Avritten after the letter of the mother had 
 been received, in Avhich she states they were Roman Catholics, and 
 that Roger himself had been so, and, as she says, " a good Roman 
 Catholic." Immediately after that letter, we have this one of the 
 claimant, Avith this religious hope put in at the close of it. And 
 another thing occurs to me. I do not know whether I am right, but 
 I cannot help thinking that the " Blessed Maria " must have been 
 of South American importation. I apprehend that an English 
 Roman Catholic would have said "the Blessed Mary." Maria is 
 Spanish for Mary ; but an Englishman uses the word " Mary." We 
 speak of the Virgin Mary, and not the Virgin Maria ; and, so far as 
 I am aware, an English Roman Catholic, speaking of the Virgin, 
 would speak of her as Mary and not as Maria. That is how it strikes 
 me. This letter is remarkable in respect of grammar, and spelling, 
 and style of composition, a matter to which your attention must be 
 directed, because it is one of the essential features of the case. Hand- 
 writing, grammar, orthography, punctuation, composition, are tests 
 by which you can judge between an educated and an uneducated man ; 
 that is to say, between one individual and another. Now here in 
 twenty lines there are eighteen misspellings, and eight mistakes of 
 grammar ; amongst others, the word " as " is written with an " h " no 
 less than six times. The punctuation is most peculiar, not only in its 
 superabundance, but also in the use of the full stop where the comma 
 only is required, which you will not have forgotten Ave found in the 
 letters of Arthur Orton. 
 
 On this same date Mr. Cubitt Avrites to Lady Tichborne : — " Dear 
 Madam, — I am in receipt of your letter of May 10th, and, although 
 a long one, as your son is now in Sydney, and preparing to leave for 
 England on the 1st September by the Panama route, thei'e is very 
 little to reply to. On the subject of rcAvarding, this has been arranged 
 with Sir Roger, and he has given me his Bills on the Oriental Bank 
 Corporation in London, dated so as to give him plenty of time to 
 honour them at maturity." I must say I think this was certainly a 
 very strange proceeding on the part of Mr. Cubitt, because he had 
 agreed with Lady Tichborne, that, while he Avas to be remunerated 
 for his expenses, such as they might have been, his ultimate rcAvard 
 AA^as to come out of the estates, when these should be recovered ; but 
 he gets the defendant at Sydney to give him bills, as does also INIr. 
 Gibbes, to the amount of 500/. each. " In conclusion," he says, " I 
 have now to congratulate you on finding your son. I have no doubt 
 of his identity, and I sincerely hope you may have a happy re-union, 
 and that no diflficiilties will arise on your side the globe in restoring 
 him to his estates." 
 
 Now the matter would very likely haA'e rested AA'here it did, and 
 the bank Avould not have been induced to advance the money to the
 
 ( 524 ) 
 
 defendant, had it not been for the interposition of a gentleman of the 
 name of Turville, Avho appears to have meddled in the matter very 
 unnecessarily, and to have played a very foolish part in it. He 
 had known, and known intimately, the parents of Roger, but had 
 never seen Koger in his life, nor had lloger seen him, and therefore 
 he was quite incompetent to form a judgment as to the identity of the 
 defendant Avho was coming forward as Ros-er, It was not unnatural 
 if the defendant desired it, that he should have an interview with 
 him, and that he should form the best judgment he could ; but it was 
 quite impossible for him to form any sound, conclusive judgment, 
 masmuch as he had never seen the man. However, they have an 
 interview, of which Mr. Gibbes gives us an accomit, and ]Mr. Tiu'ville 
 put three tests to him. The first question he asked him was, 
 whether his mother was stout or thin ? He said " stout — a tall, 
 large woman." Now it is scarcely possible to imagine anything 
 more unfortunate ; because it is admitted on all hands that Lady 
 Tichborne Avas leanness itself. Miss Nangle said she was more like 
 a skeleton than anything else. If I may use an expression, wdiich 
 seems to be a contradiction in terms, I might say that she was the very 
 incarnation of leanness ; and she Avas by no means tall — of a fair 
 height, but not to be described as a tall woman. " Well," says 
 Mr. Turville, " I do not find that quite so ; however," he says, 
 " perhaps that may be explained." How it is to be explained I am 
 sure I do not know. What the defendant meant by it is very clear ; 
 for it so happened that ]\Irs. Butts, the wife of the proprietor of the 
 Metropolitan Hotel, at Avliich he was staying, was, as jNIr. Gibbes 
 describes her, a tall and burly woman, and the defendant said that 
 was the sort of Avoman that his mother Avas. Nay, more, he was 
 touched, after so many years, with such a Avarm sense of filial piety, 
 that he declared, that AA'hen he came into his fortune he woidd do 
 something for Mrs. Butts, as she reminded him so much of his 
 mother ! Then the next question JNIr. Turville asks him is this : 
 " If you are the man you say you are, you Avill remember AAdiere 
 you were and Avhere your parents AA^ere in May, 1852?" " The 
 defendant leant on his hand, and looked down," says ]\Ir. Gibbes, 
 " for a fcAV minutes." — And then he says, " Yes, they Avere at Paris, 
 and I was in Dorsetshire." I do not knoAv Avliat place he was 
 thinking of in Dorsetshire, AA^hether Upton or the Hermitage, or 
 Avhat, but he says " I Avas in Dorsetshire." " Yes," says Mr. 
 Turville, " you are right, I Avas in the house with them at the time." 
 It is quite possible that Mr. TurA^ille Avas Avith Mr. and Mrs. Tich- 
 borne in Paris, but hoAV he should knoAV lloger was in Dorsetshire 
 is more than I can tell : the more so as Roser Avas not in Dorsetshire 
 in the month of jNIay, 1852 ; he was at the Portobello barracks, in 
 Dublin. Mr. Gibbes, hoAvever, on this being pointed out, adds : " I
 
 ( 52o ) 
 
 may err as to the exact date I have named, 1852." " Are you quite 
 certain about 1852?" I asked, " because he was at Portobello bar- 
 racks, Dublin," and then he says, " It may have been May, 1853." 
 That could not be either, because he was then on his way from 
 France to Valparaiso. So that either INIr. Turville or the defendant 
 must have been altogether Avrong-, or Mr. Gibbes must be givmg 
 you an erroneous statement about this. It could not have been as 
 it is there represented. Now the third question, Avhatever it was, 
 Mr. Gibbes has unfortunately forgotten. If the question and answer 
 taken together Avere as luisatisfactory as the two INIr. Gibbes does 
 tell us of, and which I have just called attention to, certainly this 
 interview was not attended Avith any satisfactory residt. However, 
 Mr. Turville appears to have been satisfied ; he shook hands with the 
 claimant, and Avound up by sajdng, " What convinces me of your 
 identity more than anything whatever, is your strong resemblance to 
 your father, especially about the mouth." That is what Mr. Turville 
 said, says Mr. Gibbes, " I believe those were the exact words." Now 
 any conviction of Mr. Turville's must have been, I think, but a faint 
 one, because I find that writing to Lady Tichborne on the 2ord of 
 November, from Sydney, he says : " Your letter of September the 
 20th reached me on the 15th instant, and I Avill at once assure you 
 that you need make no apologies for troubling me, as I shall be most 
 happy to be of any service to you." — She had Avritten to him begging 
 him to look after her son, but her letter did not reach him until after 
 the defendant had left — " Throughout your letter you speak as if 
 perfectly satisfied with the identity of your son, so of course I shall 
 speak of him as such. I called on him twice while he Avas here, but 
 as I had ncA^er seen him before, and as my name even Avas quite 
 unknoAvn to him," — bear that passage in mind, it may be important 
 hereafter — " it was impossible for me to be sure of his identity ; but 
 I thought it right to make myself knovsTi to him, as I was probably 
 the only person out here acquainted Avith his family, and I should 
 haA'e been happy to haA'c given him any adA'ice, which, hoAvcA^er, he 
 did not seem to stand in need of from me. Under these circum- 
 stances I felt myself unAvilling to force myself upon him. I mention 
 this in reply to your wish that I should seek him out, give him 
 advice, and be kind to him." From this it Avould appear that though 
 jNIr. Turville Avas holding a conspicuous position at Sydney, and 
 Avould have been glad to befriend the claimant, the latter Avas not 
 disposed to see more than Avas necessary even of his father and 
 mother's old friend, a fact scarcely favourable to the defendant, as it 
 may have proceeded from an nuAvillingness to expose himself to 
 further observation or inquiries on the part of Mr. TurA^ille. At the 
 same time I cannot help thinking that jNIr. Turville's recognition, 
 such as it was, Avas calculated to be of iise to him, and lead to the
 
 ( 526 ) 
 
 bank advancing him the sum of money which he wanted ; and it 
 would be made the most of, I dare say, by Mr. Cubitt and by 
 Mr. Gibbes, both of whom were extremely anxious that the identity 
 of the claimant should be established, because they were both to have 
 a large reward in the event of that taking place. 
 
 Then there comes another incident which seems to have had a 
 considerable influence on the mind of INIr. Gibbes, and did much to 
 dispose him to believe in the defendant. He and the defendant go 
 together to a jeweller's shop, at which there was a stereoscopic repre- 
 sentation of Paris — a shop kept by M'Donald & Co. Mr. Gibbes 
 takes up the transparency and looks at it, and the defendant, who is 
 standing close by, says, " Oh, that is Paris !" And it being a repre- 
 sentation of a particular part of Paris, Mr. Gibbes says he thinks 
 some part of the Boulevards, the defendant named the particular 
 part, whatever it was, correctly ; for Mr. Gibbes, though he had 
 never been at Paris, had no difficulty in ascertaining that, because 
 there w^as a slide which gave the name of the part of Paris intended 
 to be represented ; and he found, on looking, that the defendant was 
 right. Now that would be a very striking fact, if the defendant 
 had had no opportunity of seeing beforehand what this stereoscopic 
 representation was intended to designate ; but then Mr. Gibbes 
 cannot tell us whether or not the defendant had been in the shop, 
 and had seen this thing before. If the defendant had been there, 
 of course he would have had the same opportunity and means of 
 ascertaining w^hat the particular picture represented, as Mr. Gibbes 
 had when he looked at the slide which indicated it. Had he ever 
 been at that shop before ? We have no proof of it, but we know 
 that he had been at some jeweller's shop in Sydney before, because 
 after he got there he had a ring made, and the stone engraved with 
 the Tichborne crest. He told Bogle so, and showed him the ring. 
 It may have been at this very shop that he went to order this ring 
 and there saw that representation of Paris ; and there is one thing 
 that might have occurred to Mr. Gibbes' mind, though it does not 
 appear to have done so — he had told Mr. Gibbes that he had only 
 remained at Paris until he was eleven years of age. Now between 
 the time when he was eleven and the time we are speaking of, 1866, 
 a long series of years had elapsed, and it might have struck Mr. Gibbes 
 as a singluar thing that the boy of eleven should remember exactly 
 the particular part of Paris which this stereoscopic transparency 
 represented. However, it is a fact that the defendant did name to 
 Mr. Gibbes — I am quite sure Mr. Gibbes would not deceive us in 
 that respect — the part of Paris which that transparency represented. 
 It is uncertain whether he had ever seen that transparency before. 
 We must not assume as a fact that he had, although we may fairly 
 assvime the possibility of the thing ; and if he recollected anything
 
 ( 527 ) 
 
 about Paris he could not have recollected it as Orton, because one 
 thing is clear, and that is, that Arthur Orton never was at Paris. 
 Passing that by, we come to the fact that he had ordered a ring 
 with the Tichborne crest — how should he have kno"vvn the Tichbome 
 crest ? If he had no means Avhatcver of learning; what the Tich- 
 borne crest was, the knowledge of it would be a very striking 
 thing indeed in his favour. How should Arthur Orton, or how 
 should anybody else who was not Koger, or who was not in some 
 way related to the Tichborne family, or connected with them, know 
 what the Tichborne crest was? The question admits, however, 
 of a simple answer : On another occasion, when this part of the 
 story was not present to his mind, the defendant admitted that 
 he did see a ' Baronetage ' at Sydney. Of course he did not take it 
 up without looking at the name of Tichborne ; he did not take up 
 the 'Baronetage' casually without some motive or design. I think 
 we may assume that he did not omit to look at the name of Tich- 
 borne, and it would of coiu^se contain the account of the Tichborne 
 baronetcy. There would be, as there is in all those books, the arms 
 and crest. There was also another source from which that might 
 have been derived — ' The Illustrated Xews' — supposing him to have 
 seen it — for the arms and crest were annexed to the account of the 
 deceased baronet. 
 
 We now take leave of ]VIr. Gibbes, but with this further fact, that 
 there can be no doubt whatever that before he finally left Sydney he 
 wrote to Lady Tichborne, pointing out to her the various discre- 
 pancies between her son's representations and her own statements 
 about him. I should think he did not write without some intimation 
 of doubts on his part created by those discrepancies, which are cer- 
 tainly of a very striking and startling nature. Notwithstanding any 
 doubts, however, which INIr. Gibbes may have entertained, he does 
 not seem to have hesitated about accepting a very large reward; for 
 he was not only promised by the defendant 1,OOOZ. as his reward for 
 having discovered him, but he received actual acceptances to the tune 
 of 500/. Now there is something certainly very singular in this. 
 The defendant, as he originally represented to Mr. Gibbes, was more 
 than reluctant to be dragged forth from the obscurity in which Gibbes 
 found him living; he was "disgusted" at being discovered; and yet 
 he gives the man who discovers him acceptances for 500/. and the 
 promise of 500/. more, for dragging him, against his will, from the 
 obscurity to which he had voluntarily consigned himself, and in 
 which he desired to remain ! This certainly does seem a very cixrious 
 inconsistency, but so it was ; and in like manner he gives acceptances 
 for 500/. to Mr. Cubitt, and he gives him a highflown testimonial, 
 not, indeed, composed by himself, as we know fr'om the evidence of 
 Frederick Cubitt, but drawn up in the language of Mr. Arthur 
 Cubitt himself. You will see in what o-lowing terms the defendant
 
 ( 528 ) 
 
 is made to speak of the man who had the Immense merit in his eyes 
 of discovering: him and brino-ino; him out — the trouble of which would 
 have been wholly unneeded if the defendant was himself minded to 
 come out of the darkness and present himself to the world as Sir 
 Roger Tichboi'ne. If he was not, why express gratitude to the dis- 
 coverer ?—" Prior to my departure for England, to take possession 
 of my title and estates, 1 desire to place on record my high apprecia- 
 tion of the perseverance and energy jou have exercised in bringing 
 to a successful issue, after many months' toil, your search after me" 
 — The toil, as I have already pointed out, having consisted in putting 
 a few advertisements into the local papers and writing a few letters. 
 — " Having been personally convinced of your unflagging diligence 
 in conducting this branch of your business, and that at considerable 
 expense, with scarcely a hope of achieving your object, you prosecuted 
 your inquiries until they were crowned wdth success." — What flowing 
 periods ! — AYhat prodigious misrepresentation ! — " I can confidently 
 recommend your institution to those anxious to discover lost friends, 
 with a firm conviction that in your hands their interests Avill be care- 
 fully kept in view^, and that they may rely fearlessly upon your judg- 
 ment, zeal, and integrity. To persons in search of next of kin, re- 
 latives, and friends, your establishment is invaluable ; and I shall 
 always be glad to hear of, while I heartily wish for, your success in 
 all future undertakings. I remain, dear sir, yours faithfully, Roger 
 Charles Tichborne, Bart. — P.S. You are at liberty to make what 
 use you please of this letter." AVhether Mr. Cubitt published that 
 letter in the papers I do not know ; it is extremely likely. The 
 whole of that gentleman's merits, which he seeks to exaggerate in 
 the most rmjustifiable manner, with the view of swelling the reward 
 which his avidity was desirous of obtaining, amounted to nothing 
 more than the commonest newspaper agent might have accomplished ; 
 it consisted in putting a few advertisements in the newspapers. The 
 whole merit of the discovery, if merit there was, was due to ]\Ir. 
 Gibbes, and not in the slightest degree to Mr. Cubitt. The 500/. 
 for which he got acceptances, Avhicli he managed to get paid, was a 
 reward largely in excess of anything he had a right to claim, and 
 which he ought never to have thought of exacting, because he really 
 had done nothing beyond what I have pointed out. 
 
 Well, m spite of all difficulties, the bank advanced the money; but 
 another matter occurred, just about this time, which no doubt had a 
 very considerable effect in influencing the minds of the persons Avho 
 were concerned in the matter to believe in the identity of the defen- 
 dant, and that Avas the recognition of Bogle, and to that I shall have 
 presently to call attention. Before I do that, however, let me com- 
 plete the correspondence. Lady Tichborne writes on the 22nd, but 
 the letter, of course, did not reach Sydney until the defendant had 
 left. She writes to Mr. Gibbes, and the first part of the letter con-
 
 ( 529 ) 
 
 sists of an expression of regret that things are going on slowlj; and 
 then she says she lias sent 20/. to enable her son to complete his 
 journey from AVagga-Wagga, and buy a little linen, and so on. 
 Then she says: "I must return to the subject which interests me so 
 much. I trust that you will continue to advance him the money for 
 his food, lodging, and also his washing, as I will return every farthing 
 of it to you by-and-by, and you will be amply rewarded for everything 
 you have done for my beloved son, and as you began or embarked in 
 that business, I hope you Avill go through it, and you will find in the 
 end that you have done a good and advantageous thing, and what 
 men of business call a capital affair by doing it; only the distance is 
 so great that it prevents the things fi-om being quickly done. As 
 for his creditors, their good sense must tell them to let him come to 
 London to be identified, for what can he do without it? And as 
 soon as he is, the things will go straight, and his debts will be paid 
 immediately. All the forttme is in the hands of the Chancellor. My 
 poor dear son Alfred left a little boy, only three months old, and he 
 is a ward in Chancery, but notwithstanding all that my solicitor told 
 me that they cannot keep Sir Roger out of his possessions one hour 
 when he has been identified. I fancy that the photographies you 
 sent me are like him, but of course, after thirteen years' absence there 
 must be some difference in the shape, as Roger was very slim. I 
 suppose also those large clothes must make him appear larger than 
 he is. I am, however, much obliged to you for having sent them to 
 me. I think it will be an advantage if you accompany him ; there- 
 fore, I beg you to do so ; I shall be delighted to see you with him. 
 He will require very clever men to be with him, as, having been so 
 long away from England, he is no longer accustomed to the English 
 manners. I suppose you mil like to come to England, where perhaps 
 you would be better than where you are. My son Roger Avill, I 
 know, be very happy if you accompany him ; and you need not Avait 
 six months again for embarking, but if you could embark as soon as 
 you have had this letter it woidd be the best plan. I hope my dear 
 son Roger Doughty Tichborne will have patience, and that you will 
 have the kindness to take great care of him, as I felt very unhappy 
 at reading in your letter that he was near falling into despondency. 
 He must have courage, and now that he is near reaching the port he 
 must go through his passage home with courage and patience. His 
 creditors cannot set themseh^es as^ainst his coming home, as it is the 
 only way to settle that business, or rather to pay his debts. You 
 might read them this letter if you think it can be of any use to you. 
 I shall go to-mon'ow to the office and desire them to let you and 
 Roger know when their vessel sails : then he will soon be near me 
 again after so many years' absence; and as for the banker, my 
 solicitor told me how extraordinary it is that the young man Avill not 
 
 M M
 
 ( 530 ) 
 
 make himself known and tell them who he is, and also perhaps refer them 
 to me, as he would have as much money then as he requires. The 
 Doughty property brings in 15,000/. a year, and it is when they in- 
 herited it that the Tichbornes have added the name of Doughty to 
 their own family name, and the Tichborne property brings in, I believe, 
 5,000Z. or 6,000/. a year. Therefore, you see that there wiU be ample to 
 reward you, and also to return you what you may advance for him at pre- 
 sent. My best love to my dear son Roger. I trust that 20/. will do for the 
 present, and pay his jovu^ney down to Melbourne." Then, " Roger 
 has in his OAvn power to get as much money as he requires from the 
 banker, if he tells him Avho he is, and refers them to the London and 
 Westminster Bank, where I am well known, and where I bank. If 
 he will not get any money that way, could they not advance a little 
 to you at once, and to pay for his passage?" In a postscript she 
 adds, " I should think if you show this letter to your banker, he will 
 advance you the money if Roger would name himself. My solicitor 
 thinks it is a very extraordinary thing he Avill not name himself to 
 his banker, as bankers are in general very discreet, and obliged to be 
 so. He might name himself to him, even if he did not to anybody 
 else." Then Mr. Gibbes writes, and acknowledges the receipt of her 
 letter, and says it does not contain the 20/., as she states, but he adds 
 that it is no longer required. " I presume at the time I am writing 
 this, that Sir Roger is not far fi-om English shores, he having sailed 
 via Panama, on the 2nd ultimo. AYitli many and sincere thanks for 
 your liberal intentions, I may inform you that Sir Roger's own 
 marked generosity in giving me drafts on England for 500/., payable 
 after his arrival there, has far more than requited me for any services 
 I have performed" — That is a point on which I entirely agree Avith 
 Mr. Gibbes — " Although he arrived in Sydney in June, and made 
 himself kno\^^l, yet our suspicious Sydney men would not advance 
 the money he required, and it was only with the greatest difficulty it 
 was at last obtained, and then at a most exorbitant rate. Sincerely 
 congratulating you upon your having by the time you receive this 
 again seen your long-lost son (to whom I am -uT-iting by this mail), 
 I am madam," and so on. On the 16th September he writes to her 
 again. " In all probability before you receive this you will have 
 seen your long-lost son, for in spite of the discrepancies between his 
 statement of his youthful career and yours, such I am confident he 
 is " — He may have been so, but how Mr. Gibbes, with these discrep- 
 ancies before him, could take upon himself to say he was confident 
 that the man who had given him an account of his early life so 
 directly in contradiction to that which the supposed mother had 
 given, was her son, is, I confess, to me somewhat extraordinary; and 
 I cannot help thinking that, as the wish so often guides the judgment 
 of men, the wish that he should prove Roger, and be able to pay the
 
 ( 531 ) 
 
 thousand pounds wliich he had promised Mr. Gibhes, had a good 
 deal to do in inducing ]Mr. Gibbes to entertain the confidence which 
 he thus expresses — " In case of any unforeseen delay in your son's 
 return voyage, I beg to inform you that he, together with Lady 
 Tichborne and infant (girl), and a servant named Bogle, who had 
 been valet to his late uncle (and who, I learn, has been receiving 
 501. per annum from the Ticliborne family through the Union Bank 
 at Sydney), all sailed in the Panama mail steamer on the 2nd Sep- 
 tember instant from Sydney. Previously to this he had been iden- 
 tified positively, not only by Bogle, but by one Guilfoyle, a market- 
 gardener in Sydney, who was gardener to his father, the late 
 Sir James, and who is now a wealthy man — also by his wife. I was 
 previously satisfied from Mr. Turville's statement, that he really was 
 the man'' — Mr. Turville not having being able to throw any real light 
 on the matter — " His delay in coming was mainly attributable to the 
 difficulty of getting a sufficient advance to go home properly, as 
 however convinced I was of his identity, I could not persuade others 
 to be equally so, especially without mentioning matters that Sir Roger 
 would not have wished. I trust, however, ere this comes to your 
 hands that you will again have had the satisfaction of seeing your 
 son, and that yom- maternal anxieties will be at an end. I had 
 almost forgotten to mention that he is accompanied on his journey 
 by a young lad, a jjrotege of his, one Master Butts, the son of a 
 citizen of Sydney, Avho could be sent on to England as an envoy in 
 case of accidental delay. I hope by the next mail, notwithstanding 
 my fears to the contrary, to hear from you that you have received my 
 first rough photographs of your son. By your letter you seem to 
 imagine that Sydney is near AVagga-Wagga (pronounced Wogga- 
 Wogga, a native name for much water, as we are surrounded on 
 three sides by a river), but you will be surprised to hear that it takes 
 three days, travelling day and night, fi'om one place to the other — 
 this is the furthest town of any size in the interior, and is 335 miles 
 from Sydney, and 311 from Melboimie." These distances maybe 
 material — 335 from Sydney, 311 from Melbourne. Then he con- 
 cludes as usual, and adds : " Permit me to remark my name is Gibbes, 
 not Gibbs — the mis-spelling might lead to a letter miscarrying." 
 
 Lady Tichborne Avrites again to the defendant on the 16th Sep- 
 tember, which letter however he does not get, as he had left : — " My 
 dearest and beloved Roger — I think I will send you 200Z. by the 
 Australian Bank. I trust you will think it sufficient and that you 
 vrill come immediately ; that will do to pay the few things that you 
 may require before leaving Sydney, and as I pay your passage and 
 also the passage of your family, you will not have any reason to say 
 you have not sufficient money to return to England. I am so anxious 
 to see you that if it was not so far off I would go myself to see you 
 
 M M 2
 
 ( 532 ) 
 
 my dearest son. God bless you, my beloved son, and never doubt 
 my being your very affectionate mother, Henriette Felicite Tich- 
 borne." She adds, " I have told Mr. Cubitt that it would not be right 
 to ask you any money, as you had none at present, and as for the 
 reward, he has no right to ask you any before you are in possession 
 of your estates. I am very uneasy at your having given your signa- 
 ture in that Avay as you know yourself you cannot do anything before 
 you are in possession of your estates. That was his agreement with 
 me. I beg you to be very circumspect in giving your signature, 
 as you would put yourself in a bad position, especially being at 
 such an enormous distance from me, and it is a very imfair way of 
 acting on Mr. Cubitt's part, as he knows very well you have no 
 money, and the reward was to be paid when you would be in posses- 
 sion of your estates, which is not the case, and will not be for some 
 time" — The good lady was quite right in saying that. On the IGth, 
 she writes to Mv. Cubitt, and says : " I have now made up my mind 
 to send the 400/. required for his passage. I have sent them to 
 Sir Roger Charles Doughty Tichborne. I do not know Avhether my 
 ha\dng sent them in his own name will create any difficulties ; I did 
 not know how to act, and if E-oger has already sailed, the money wall 
 remain at the bank till ftirther orders." For a long time she had 
 acted on the very prudent and proper advice which had been given 
 by her brother, and by her own solicitor, Mr. Bowker, who I think, 
 fi'om what we saAV of him, was about as safe an adviser as she could 
 have had. She had acted thus far upon their advice in not doing 
 anything in the Avay of advancing money, or making herself liable, 
 until she had seen the claimant, and satisfied herself that he was 
 really her son ; but at last the feverisli anxiety to get him over to 
 England prevailed over her judgment, and she sent out the 400/. 
 It so happened, however, that he had got the money he wanted fi'om 
 the bank, and consequently her 400/. was saved to her. 
 
 Now comes a very remarkable letter which deserves your careful 
 attention. It is a letter from her to jNIr. Gibbes in answer to 
 one which is not forthcoming — what has become of it we are 
 not informed. The first part of the letter is about money matters, 
 and about Mr. Cubitt having induced her son to give acceptances, 
 and complaining of his having so done ; then she goes on thus : — 
 " I am very anxious you slioidd continue to pay attention to him," 
 speaking of her son, " for fear he should give his signature again 
 in the same way." And then, underscored, " / believe him to 
 be my son notwithstanding what he told you about enlisting and 
 the other statements he made to you difiTerent fi'om mine. I think 
 that he has been through so many things since he quitted home, 
 and has had probably so much to put iip with, and perhaps to suffer, 
 that it has confused his ideas. As for his birth, I was married
 
 ( 533 ) 
 
 in 1827, and he was born, I believe two years afterwards, but that 
 will be easily ascertained in the register of the parish of La IMade- 
 leine in Paris, where he is born, and also in the registers of the 
 parish of Tichborne where he was also registered. I do not think 
 anything of his not knowing his age exactly, as I have met other 
 people who did not know their own age exactly. Another thing Avhich 
 is very important is his own marriage. It is absolutely necessary that 
 you should try to find out Avhether he is regularly married, as, if it is 
 not according to the laws, the birth of the children Avill be dis])utcd" 
 — You see the possibility of his having married and having children 
 is there assumed ; or if the fact had become known to her, as I pre- 
 sume it had, from the correspondence, it does not create the slightest 
 doubt in her mind about his beino- her son Roffer. All she 
 is anxious about is as to his marriage being a regular one, so that 
 the legitimacy of the children should not be disputed — " If it is not 
 according to the laws, the birth of the children will be disputed. He 
 must speak candidly on that important subject. You know yourself 
 how important it is where there is entailed property ; and if he 
 married under another name, can the marriage be legal? And 
 I also wish to know whether he has been married according to the 
 Protestant religion. All those things are very necessary to know. 
 I do not mean to give any opinion about his marriage except in 
 a legal point of view, and on account of the birth of his children, as 
 the properties that I hope he will have in due time are entailed 
 properties. I hope you will make a point of seeing him soon and 
 before he starts, to explain all that to him, and also to speak to him 
 about the bill that he has given to Mr. Cubitt. It was not certainly 
 a fair way of acting on the part of ISIr. Cubitt, and I am really much 
 alarmed about the consequences. He, Roger, has given a bill on the 
 Oriental Bank of England, and unless his Avife has some fortune, 
 I do not knoAv AA'here he can get money. It is very necessary to guard 
 him against that very inconsiderate way of acting, as he has not 
 reflected upon the consequences. I remember Mr. Francis Turville 
 very Avell. His father was an intimate friend of Sir James, and it is 
 a providence for my poor dear Roger that he should be there, I trust, 
 in remembrance of Roger's poor dear father, that he Avill be a friend 
 to my poor son, avIio is alone and without any friends. Roger, he is 
 very grateful to you for your kindness to him, and I assure you you 
 need not be afraid to use your money, as I will retm-n to you the 
 money you have advanced him, if he cannot do it himself when he is 
 in possession of his estates. I believe him to be rather giddy, and 
 that is one reason, I think, why his statement differs from mine." 
 NoAV, it is undoubtedly true that a mother ought to knoAv the cha- 
 racter of her OAvn son ; but Ave have had some opportunity of studying 
 Roger ourselves. Should you say that giddiness was one of his
 
 ( 534 ) 
 
 cliaracteristics ? He "was a man who took his 0"vvn course ; he was 
 not to be influenced by the direction or advice of others; he acted on 
 his own judgment with inflexibility of purpose, but do you see 
 anything giddy about the man in the whole course of his letters ? 
 Do you see anything flighty, anything leading you to think that he 
 acted without reflection. A giddy man is one who is led away by 
 fantastic impulse, and who does not reflect upon the propriety or 
 consequences of what he is about to do ; but was there anything in 
 Roger, to warrant the assumption of giddiness, or is not this one of 
 those instances in which this good lady assumes something unreal in 
 order to reconcile difficulties she is anxious to get over, and which 
 could not be got over otherwise, lest if they were not got over, the 
 yearning desire which animated her and possessed her whole mind 
 and thought and soul, would be disappointed. I cannot help thinking 
 that she goes a great deal too far in assuming giddiness on the part 
 of Roger, whereby to account for the defendant doing things which 
 Roger would not have done, and saying things which Roger would 
 not have said. She continues : " Till he went to Stonyhurst he had 
 a preceptor who had been one of the Christian Bi-others, but it was 
 in Paris." It is a question here whether Mr. Gibbes was right in 
 writing — as most undoubtedly he did — that the defendant had said 
 his preceptor was a Jesuit, or when the defendant afterwards said he 
 had not said a Jesuit, but a Christian Brother, was right in adopting 
 the defendant's statement. Mr. Gibbes says his opinion is that that 
 may have been so. Whether it was so is, I think, somewhat doubtful, 
 because it is quite clear Mr. Gibbes wrote " Jesuit" and not " Chris- 
 tian Brother," and he -wrote it just after the time the statement was 
 made. However, I do not know that much turns on it one way or 
 the other. Lady Tichborne continues: — " And then he spoke very 
 little English, but I think it is better to leave that matter alone" — 
 that is to say, the subject of his having spoken French and not spoken 
 English — " as I am afraid it would prevent him from coming to 
 England" — That is— if you suggest to him contradictions of state- 
 ments he has made it may produce on his mind an impression that if 
 he comes to England those contradictions will be adverse to him, 
 therefore do not say anything to him about it. — " And I think that 
 if he has not sailed when this letter arrives, that you had better 
 persuade him to go at once and sailed loitli him also, as I am afraid 
 he will not come unless you come with him." Then there is some 
 more about the 400/., which I pass over. Finally she says: 
 " Mr. Vincent Gosford, and not Sir Vincent Gosford, was land- 
 agent to Sir James Tichborne and one of his executors." Now, how 
 Mr. Gosford came to be here mentioned I do not know. We do 
 know that at the end of June, when the defendant was telegraphing 
 in answer to one of the telegraphic messages sent to him by Mr. Cottee,
 
 ( 535 ) 
 
 containing the question of who ^Yas the agent at Tichborne when he 
 left, he answered that he did not know. Therefore, I presume that 
 at that time the name of Mr. Gosford was not known to him ; either 
 it had never been knowm to him, or it had been forgotten by him. 
 The answer is distinct and clear — " Name of Agent for Tichborne 
 Park when I left I do not know." Betw een that time and the time 
 when Lady Tichborne was writing, on the 17th of September, 1866, 
 the name of Gosford must have come up, and some mention must 
 have been made of it by Mr. Gibbes in Avriting to her. Guilfoyle 
 was at Sydney, and the defendant certainly came into communication 
 with him, and Gosford's name, as the agent of the estates, would be 
 a household word with him, he having been gardener so long Avith 
 Sir Edward Doughty. Whether that brought up Mr. Gosford's 
 name, and whether in writing to Lady Tichborne the word " Mr." 
 was written in such a way as that it might be read " Sir," and she 
 took it as " Sir," and so thought it necessary to correct the supposed 
 mistake, I do not know; that is the only w^ay I can solve the 
 difficulty, which is certainly not a slight one ; as it is certain that 
 he had previously telegraphed that he did not know who the agent 
 was. 
 
 By the Jury: Did he not mention the name of" Hallin?" 
 
 The Lord Chief Justice : Yes, and on that Mr. Hawkins 
 founds an ingenious argument. He says that a Mr. Hallett, who 
 lived at Bridport in Dorsetshire, was known to him as an Orton 
 connection, and that, not knowing wdiat name to give, he put in 
 what his memory brought back as Hallin, although in point of fact it 
 ought to have been Hallett. 
 
 By the Jury : That is previous to the time when he said he did 
 not know who was the agent. 
 
 The Lord Chief Justice : The question in the first telegram 
 having, I suppose, been, " AVho was your father's agent?" he answers, 
 " Hallin," which Mr. Hawkins suggests stands for Hallett. The 
 suggestion may be well founded. It is easy to suppose he may have 
 confounded Hallett Avith Hallin. Certain it is that when he is asked, 
 " Who was the agent of Tichborne Park ?" the answer is, " I do not 
 know." 
 
 I now come to the last letter, I am happy to say, of Lady 
 Tichborne to either of the persons in Australia with w^hom she was 
 in correspondence, but it is a very important letter. Mr. Gibbes had 
 evidently written to her, pointing out the difficulties w^hich were 
 weighing on his mind, arising out of the conflict between her 
 statements and those of the claimant, and, amongst other things.
 
 ( 53G ) 
 
 had doubtless reminded her that she had said nothing about the brown 
 mark or about the Brighton card case. It was a very natural thing 
 for a man to say, " There are these discrepancies, which certainly 
 have a very awkward appearance, though I still confidently believe 
 he is Koger. But there is another thing which occurs to my mind : 
 in the very first letter he wrote to you, he referred to two facts as 
 proofs of his being your son — the first, the fact of there being a brown 
 mark on his side, the second, that of his having been concerned in 
 the Brighton card case — as things which you knew all about. You 
 have never made any reference in your correspondence to either of 
 those two things. They are things which either one way or the 
 other are very strong to lead to the belief or disbelief that he is your 
 son." She Avrites : " I have made up my mind to send the money 
 400Z. They Avill forward it at the Westminster and London Bank, 
 or rather the London and Westminster Bank, where I bank ; and if 
 Sir Roger has sailed, it must remain at the bank till further orders. 
 It is sent to Sir Roger Charles Tichborue. I did not know how to 
 send it. I hope it will not make any difficulties. You say that I do not 
 mention anything about the mark that he has on his left side. It is 
 because I do not recollect it, and I do not believe I ever saw it, but 
 it does not signify, as he may very well have had it Avithout my 
 knowing it." We have thus the unmistakable fact that, so far as 
 her memory served her, she never saAv this mark, and had no knoAv- 
 ledge whatever of it. Noav ask yourselves if it is likely that a child 
 could haA^e had a mark three or four inches long, and one-and-a-half 
 in breadth, AAdthout the mother knoAA^ng it. It may be that a lady 
 in Lady Tichborne's position, aa^io did not Avash and dress her child 
 herself as a mother in a more humble sphere of life does, but would 
 have all that done by a nurse or nurses, might not have the same 
 opportunities of seeing her child undressed as such a mother AA^ould 
 have ; but a congenital mark of that sort is naturally a thing that 
 occasions obserAation. Can one suppose that some time or other 
 Lady Tichborue never saAv her child naked in the course of its being 
 AA' ashed and dressed ? or at all events that the nurses Avould not tell 
 her of it and say, " Here is a curious thing ; the baby has a brown 
 mark on its side; such a long broAvn mark! it is four inches long, and 
 one-and-a-half AA'ide ; Avould you not like to see it ?" It is difficult to 
 suppose that such a thing Avould not be known to a mother, in some 
 way or other, either by ocular inspection, or by communication fi'oni 
 the nurses who daily Avashed the child — ^and should not haA^e knoAA'u 
 something about it. However, that is matter of observation ; one 
 thing is clear, that she had no knoAvledge Avhatever of it, and it came 
 upon her as a thing Avhich she had ncA-er heard of. Then she goes on : 
 "As for his preceptor, he Avas one of the Christian Brothers, and I 
 think he may have made a mistake and thought he Avas a Jesuit.
 
 ( 537 ) 
 
 He has confused one with the other. He told me when I was in 
 Paris, that if Roger Avas to come back, he would of himself go over 
 from Paris to have him acknowledged, as he knew him very well. 
 He is very honest and very good-natured, and he said so, because I 
 said that after so many years' absence there are sometimes diffi- 
 culties that you do not expect" — Whether she was here referring to 
 Chatillon, or to Jolivalt, 1 do not know, and we have no means of 
 judging — " I think my poor dear lioger confuses everything in his 
 head just as in a dream, and I believe him to be my son, though his 
 statements differ from mine" — Gentlemen, you must judge Avhether 
 the defendant is a man who confuses everything in his head just as 
 in a dream. That is Avhat his learned counsel has endeavoured to 
 impress on your minds — I know not whether successfully or unsuc- 
 cessfrdly. One thing is clear, that the moment Lady Tichborne, in 
 her anxiety to find her son in the defendant, once adopts this theory, 
 without having any materials upon which to form her judgment, not 
 having seen him, or communicated with him otherwise than in one 
 or two unsatisfactory letters — the moment she conceives this idea, it 
 enables us to see how she may have got over difficulties which might 
 have been more serious and staggering obstacles to any one exercising 
 a clearer and calmer judgment, and waiting to form that judgment 
 until they had all the necessary materials at command. Here is a 
 lady, who having received an account of statements, directly contrary 
 to her own knoAvledge of the facts, instead of entertaining the doubts 
 which the circumstances might well have engendered in her mind, 
 gets clear of all doubts by saying, " Oh, he confuses everything in 
 his head as in a dream. He has gone tlu-ough so much that his 
 mind has become disordered, and therefore I shall not draw any 
 inferences ad^-erse to his being my son from all these statements, 
 however contradictory they may be, and however inconsistent with 
 the fact." She continues — " There is one thing that sti-uck me 
 which is that in the photography both him and you sent me, he has 
 the same small hands that he used to have, lioger had remarkably 
 small and a very pretty hand for a young man, especially, and I 
 think that in that photography the hands are small. I remember 
 when he was twenty it was very striking, and if you add 13 years 
 to it, you find, I think, the same small hands that he had. That 
 peculiar thing has done a great deal with me to make me recognise 
 him. As for St. Vitus's Dance, he never had that malady, but when 
 he was travelling in South America his servant wrote to me, or to 
 Sir James's agent, Mr. Gosford, that Sir Roger had rheumatisms 
 and could hardly walk, but that he was better. I think, again, 
 Roger has mistaken one thing for the other." Now certainly that 
 would imply a confusion of thought that one can hardly conceive ; 
 for if there are two maladies unlike one another, they certainly
 
 ( 538 ) 
 
 are rheumatism and St. Vitus's dance. Hoav a man who had had 
 rheumatism could hav^e conceived he had had St. Vitus's dance, and 
 could have confounded rheumatism contracted in South America 
 when he was 23 or 24 years old, with St. Vitus's dance, which he 
 had when he was a small boy, is really very difficult of comprehen- 
 sion ; but if you choose to believe anything, why it is easy enough to 
 believe it. The fact that men are easily led to believe what they 
 wish is as true now as when the illustrious Roman wrote many 
 centuries ago : " Quod volunt homines id facile credunt." And this 
 is an instance of it, that when Lady Tichborne is told that her son 
 had said he had had St. Vitus's dance, she says he must mean that 
 he had had rheumatism in South America — She adds: " I hardly 
 like to write my ideas upon that subject. I do it because I know his 
 disposition thoroughly, and it will not prevent me from recognising 
 him for my son though his statements differ from mine ; but when you 
 come to London yourself you will of course let me know more than I 
 can know through a few lines in a letter. I will thank you to take all 
 the informations you can about his marriage ; and who his wife was, 
 and whether she has brothers and sisters ; also whether they have any 
 fortune. All those informations I beg you to take before you sail." 
 Then there occurs this postscript : — " I have also written to Mr. Tur- 
 ville to recommend my dear son to him. I remember Mr. Turville 
 very well. I think the photography very like Roger, at least to what 
 he was when he was 20, always adding 13 years to it; for instance 
 he used to be very slim and was very thin ; now he has grown stouter 
 a good deal than he was before he went away." Then, in answer to 
 Mr. Gibbes' suggestion, that she had never said anything about the 
 Brighton card case, she says : — " I have not mentioned it to anybody, 
 and I do not mean to say anything about Brighton, as I think it 
 might perhaps turn people against him, but when you come, we will 
 talk that business over, and you had better not say a word about it 
 to anybody, and you had better tell Mm not to mention it to anybody." 
 Now you will not fail to perceive that that language is strikingly 
 ambiguous. She neither admits the fact as stated by the defendant 
 in his letter, that he had been involved in some card case at Brighton, 
 nor does she deny it. " We had better say nothing about it, because 
 it might turn people against him." Why should that be ? If he 
 had been swindled out of his money at Brighton, it might have 
 shown very considerable folly on his part in allowing himself to be 
 made the dupe of a swindling transaction, but how could it turn 
 people against him in respect of his being Roger Tichborne, as he 
 was asserting himself to be ? If the fact was true that Roger had 
 been involved in a card swindling transaction, and that fact had been 
 known to her, and known to other people, it would be a striking 
 proof of his identity that he should have known it, a proof certainly
 
 ( 539 ) 
 
 well worth purchasing at the risk of reflections which might be made 
 on his folly in having been mixed up in such a transaction. But 
 may she not have had another meaning, Avhich is this — this is one 
 of the dreams which the confusion of his brain has engendered, and 
 the statement of his having been mixed up in a card case at Brighton 
 not being founded in fact, it may produce an impression adverse to 
 him as being a statement made by a man Avho can know nothing 
 about what happened to Roger ? The thing is capable of that inter- 
 pretation ; what its true interpretation ought to be must, as it strikes 
 me, very much depend upon whether there Avas any reality in this 
 suggested participation of Roger in a card swindling case at Brighton, 
 or whether there was not. If it should turn out by-aud-by to be, on 
 the facts of the case, clearly and unmistakably a pure delusion, what 
 are we to say of the judgment of this lady, who having that submitted 
 to her as a test of the identity of her son, puts it on one side, vnR 
 not look at it, and does not deal with it, as it ought to be dealt with, 
 as a proof that the man who put that forward could not be her son ? 
 It will be necessary by-and-by to go into the Brighton card case, 
 and to look at all the circumstances of it, in order that you may be 
 able to form a judgment for yourselves as to whether there is any 
 reality in the statement of the defendant, that he was mixed up in 
 such a transaction or not. 
 
 Gentlemen, I mentioned, as one of the remarkable circumstances 
 connected with this part of the history, the meeting of the defendant 
 and Bogle. A great deal has been said about Bogle, and there 
 is no doubt that, if the recognition of the defendant by Bogle was 
 honest, it is a thing that makes very much in favour of his case ; 
 and we must therefore consider dispassionately the circumstances 
 under which Bogle met the defendant, and recognised him as the 
 nephew of his former master, and attached himself to him. Bogle, 
 as we know, was living at Sydney ; he had gone from this country 
 and established himself there : having married, as a second wife, the 
 schoolmistress at Tichborne, he went out and settled at Sydney. Sir 
 Edward had promised to leave him an annuity in consideration of his 
 long and faithful services, but had not carried out his intention, and 
 Lady Doughty, knowing what his feelings were, had acted as though 
 Sir Edward by his will, or some codicil, had made this provision for 
 his old servant, and she had paid him an annuity of 501. a year, and 
 he was now living at Sydney. His wife was dead, but his two sons 
 by his first marriage, James and Andrew, were also settled at Sydney, 
 and the young lad, the son by the second marriage, who has been 
 here the whole of this trial, was living with him ; so that he was 
 surrounded by his family. Bogle hears, no doubt to his infinite 
 astonishment, that the long-lost Roger has been discovered, that he is 
 about to come forward to resume his property and station, and that
 
 ( 540 ) 
 
 he is going to England for that purpose and is actually at that 
 moment at Sydney. It was quite natural that he should feel the 
 deepest interest in this matter, and entertain the most ardent desire 
 to see his young master again. He learns from a friend not only 
 that Roger is at Sydney, but that he is staying at the Metropolitan 
 Hotel. Having heard this in the evening, the first thing he does the 
 next day is, of course, to go to the Metropolitan Hotel to see the 
 supposed Sir Roger. The defendant is out. Bogle sits down quietly 
 in the courtyard of the hotel to await his return. After a time he 
 sees the defendant come out fi-om the billiard- room, Avhich is attached 
 to the hotel, as I understand, and cross the yard of the hotel. As 
 the defendant passes him he looks at him, and then says, " Hollo, 
 Bogle ! is that you ? " Bogle answers, " Yes ; is that you, sir ? " 
 " Yes : I Avill see you presently," says the defendant, and walks up- 
 stairs, being at that time accompanied by another gentleman. A 
 short time afterwards Bogle is summoned to his presence, and on 
 looking at him Bogle says, " I came here to see Sir Roger ; you are 
 not he." " Yes, I am ; I have grown very stout; you may not know 
 me, but I am Sir Roger." Thereupon, according to Bogle, a conver- 
 sation took place, in which the defendant exhibited so many recollec- 
 tions of Tichborne, that it would have satisfied him if he had not 
 recognized him at the first moment ; but he says he recognized him 
 as he walked across the courtyard and smiled at him, which led the 
 defendant to say, or partly contributed to his saying, " Hollo, Bogle ! 
 is that you?" — although in saying this he rather departs fi'om what 
 he had before said, namely, that the first thing he said when he went 
 up-stairs was, " I came to see Sir Roger ; you are not he." He 
 says that a good deal of conversation took place between them which 
 led him to believe the defendant was Roger Tichborne — that the 
 defendant asked him questions : whether he was at Tichborne when 
 his father came there, and why he left, to which Bogle says he 
 answered that it was in consequence of the steward telling him that 
 an alteration was about to be made in the establishment, and that he. 
 Bogle, had better retire fi-om the service, which induced him so to do. 
 Whereupon he says the defendant said " you mean Gosford," in which 
 statement I think it will turn out that Bogle is hardly to be relied 
 iipon. Then he says the defendant asked him after his Avife and his 
 two sons, mentioning the two sons, James and Andrew, by name, 
 which of course Avould be very strong to show that the defendant 
 recollected the sons Bogle had before he left England, and Avhich 
 therefore might well be a recollection of Roger Tichborne. Then he 
 says the defendant inquired after several of the old inhabitants of the 
 neighbourhood of Tichborne. He asked after the Godwins, and said 
 the elder Godwin was a stingy old fellow, who never allowed his two 
 sons half-a-crown to spend. Bogle says he had forgotten that Godwin
 
 ( 541 ) 
 
 had two sons until it was recalled to liim by tlie defendant. Then 
 he made inquiries after the old nurse of Sir James, an old woman 
 who died at the advanced age of ninety, and who had lived in the 
 time of the first French Ilevohition, and remembered many of the 
 things connected with it ; and he inquired about the Guys, and 
 about Etheridge. He asked Bogle if he remembered going out 
 shooting with Brand, the gamekeeper, and several other things con- 
 nected with Tichborne, winch Avould naturally lead Bogle to the 
 conclusion that this was Sn- Boger, and accordingly he adopts him, 
 and has not the slightest doubt that he is Sir Roger. AVith regard 
 to his inquiring about his wife and two sons, my Brother Lush re- 
 minds me, and it is a fact that should be brought to your attention, 
 that Bogle was struck with the circumstance of the defendant know- 
 ing anything about his wife. For, the first wife of Bogle had died 
 before Roger had come from France, and the second, the school- 
 mistress at Tichborne, he did not marry until after Roger had left ; 
 so it certainly was a striking fact that Roger should know anything 
 about the wife, though if he was Roger, he might very well know of 
 the two sons, because Roger knew them as boys Avhen he was at 
 Upton and Tichborne. 
 
 Now, the first question that presents itself is whether Bogle was 
 honest in his recognition of the defendant, and in attaching himself 
 to him as the true and, to his mind, the undoubted Roger. A great 
 many remarks have been made on Bogle, and it has been said^I do 
 not know Avhether in the course of this trial, it certainly was said or 
 suggested at the last — that assuming the defendant to be an impostor. 
 Bogle was a co-conspirator ; that Bogle had embarked his fortunes 
 with those of the defendant in the hope of getting some large reward 
 for acknowledging him as Roger, and assisting him to assert his 
 claim as such. I do not believe in anything of the kind, and I 
 scarcely think you will. We saw the old man here, and certainly a 
 better specimen of the negro race I would not Avish to see. Pie was 
 fi'om a boy of eleven or twelve in the service of Sir Edward Doughty, 
 and remained in Sir Edward's service till his death. Sir Edward, 
 when he went to the West Indies on some business he had there, I 
 think, in Jamaica, foimd this boy and took him into his service, and 
 Bogle never quitted Sir Edward until he breathed his last ; and 
 throughout the whole of that time he maintained, beyond all question, 
 a character for respectability, honesty, and attachment to his master ; 
 and I cannot believe that a man who maintained for so many years so 
 high and unspotted a character, Avould have lent himself to what he be- 
 lieved to be a scandalous and iniquitous fraud ; and the circumstances, 
 even supposing hypothetically, for the purpose of argument, that the 
 defendant's claim is not an honest one, might have led Bogle to think, 
 notwithstanding the difficulties which since have arisen, that the man
 
 ( 542 ) 
 
 he ■«'as then in communication with was Roger. He knew very well 
 that Lady Tichborne always entertained the belief that her son was 
 alive ; he hears that that son had been discovered ; and he knows 
 that the person who calls himself Sir Roger is in Sydney. He 
 naturally goes in search of him, and he is sitting waiting the arrival 
 of the person whom he wants to see. A man suddenly says to him, 
 " Hollo, Bogle ! is that you ? " and then tells him he is Sir Roger. 
 There was nothing to lead Bogle's mind to the idea of an impostor. 
 Indeed, there is something so startling in the idea that a man should 
 have the audacity to come forward and prefer a claim of this kind, 
 when he is not the true man, that the first impulse in everybody's 
 mind is to say he must be the true man ; he would not dare to brave 
 the consequences if he were not. It is some such feeling which in 
 all former attempts at personation has always enlisted the popular 
 feeling on the side of the impostor. I daresay it never occurred to 
 Bogle's mind that there could be an attempt of this kind, or that 
 there was an imposture on foot at all. — " Hollo, Bogle ! is that you ? 
 I am Sir Roger. I have grown so stout, that you may not know me 
 again, but here I am." And then he talks to him about various 
 things connected with bygone days, with Tichborne and Hampshire. 
 The man naturally believes that it is Sir Roger with whom he is 
 holding conversation ; but it may be said, " Ay, but how should the 
 defendant have knoAvn Bogle, if he Avere not Sir Roger?" Well, I do 
 not think there is much difficulty in accounting for that, and for this 
 reason. The defendant knew perfectly well that Bogle was at Sydney, 
 although I regret to say that on his cross-examination he swore he 
 did not. That I must call your attention to hereafter. He knew 
 that Bogle was at Sydney ; he showed Bogle the letter from Lady 
 Tichborne, and told him that he had been informed by her that he 
 was there ; and, moreover, in a letter to Lady Tichborne, he says, 
 " You said that Bogle was at Sydney, I have looked for him and 
 cannot find him." And he told Bogle if he had not seen him that 
 day, he meant to advertise for him in the papers. He therefore knew 
 perfectly well that Bogle was at Sydney, and he must have been 
 able to form a pretty shrewd guess as to Bogle's age, because he 
 knew from Lady Tichborne's letter that Bogle had been valet to Sir 
 Edward Doughty for some years, and had been alloAved an annuity 
 Avhich woidd be only the result of some years' service. He must 
 have known, therefore, that he was an elderly man, and, as Lady 
 Tichborne said, was a black. He sees a negro of a certain age, 
 sitting in the courtyard of the hotel, evidently on the look-out. It 
 would not require any great stretch of thought to bring it to 
 the mind of the defendant that that must be Bogle. At aU events, 
 there would be no harm in firing the shot. Supposing the man to 
 whom he addressed the exclamation, "Hollo, Bogle!" was not
 
 ( 543 ) 
 
 Bogle, and should say he was not, he would only have to say, " I 
 beg your pardon, I thought I recognised an old friend ; " but if it 
 turned out to be Bogle, down conies the bird, as Bogle would 
 naturally say, " That must be Roger Tichborne, or how should he 
 know I was Bogle." I therefore do not see any difficulty in the 
 defendant recognising Bogle, and I see nothing very Avonderful 
 luider the circumstances, in Bogle's being perfectly satisfied that 
 this was Roger Tichborne. I believe that was so, and I hope you 
 do. I must say, I conceived rather a liking for this man whom JNIr. 
 Hawkins calls " Old Bogle." I think Bogle is, as I said before, a 
 very happy specimen of his race, and so far as we have as yet gone, I 
 do not doubt the honesty of Bogle in this matter. But while I give 
 Bogle unreserved credit for the honesty of his conviction of the 
 identity of the defendant as Roger, it is a very different question 
 as to the evidence which he has given with reference as to some 
 of the matters he has spoken to. We must be careful how we 
 place implicit credit and reliance on Bogle ; he has committed his 
 fortune, his fate almost, irretrievably to the issue of the defendant's 
 claim. He has lost his 50/. a year. Lady Doughty was thoroughly 
 persuaded of the dishonesty of the defendant's claim, and was led to 
 think that Bogle must have been a party to it, and therefore cut off 
 his annuity. I can hardly wonder at it. She has been blamed for 
 it, but if one looks at the point of view from which she regarded the 
 whole matter, we cannot be surprised that, being perfectly convinced 
 the defendant was an impostor, she could hardly bring herself to 
 believe that anybody who knew the real Roger could have honestly 
 adopted the defendant ; and therefore she concluded in her own 
 mind that the part taken by Bogle in the affair was a dishonest one, 
 and, the annuity being a voluntary one on her part, she, naturally 
 enough, declined to continue that which Avas a mere matter of 
 bounty to a person whom she considered as having rendered himself 
 utterly imworthy of her regard. I own I regret very much that old 
 Bogle has lost the annuity, the reward to which his long services to 
 Sir Edward Doughty fully entitled him. I am afi-aid it would be 
 impertinent on my part to express a hope that Avhen all this is over 
 the old man may still be considered with reference to past services, 
 and not vnth. reference to anything in which he may be thought to 
 have gone too far, or to have done wrong in respect of this unhappy 
 controversy. But we must be on oiu' guard against receiving with 
 implicit confidence all the statements which he makes ; because, as I 
 said just now, having given up his establishment in Australia, having 
 come to this country, having lost his annuity, being now far ad- 
 vanced in years, and unable to resume service, he has embarked all 
 his future hopes, prospects, and fortunes in the same vessel with 
 the defendant, and if the defendant sinks, he must sink with him ;
 
 ( 544 ) 
 
 and therefore lie is naturally under the influence of the strongest 
 motives to do all that he can in favour of the defendant, and to 
 advance the cause of the defendant both upon the former trial and 
 upon this. Therefore, although I believe the man to be honest, and 
 should be very soriy to think him otherwise, at the same time I 
 must fairly confess that I think he is a witness the details of whose 
 evidence require to be scrutinised Avitli a somewhat vigilant criticism. 
 Xow, in the statements which Bogle made here in his examina- 
 tion, there were one or two things which certainly would strike one 
 as making very much in favour of the defendant, if they stood un- 
 contradicted, or without the witness being shaken on cross-examina- 
 tion. One of them was — always supposing the defendant in the 
 meanwhile not to have learnt that Mr. Gosford was the steward — 
 that Avlien Bogle told him the steward had recommended him to quit 
 the service, the defendant immediately interposed and said, "Ah, 
 you mean Gosford." It is true that at that time the defendant had 
 seen Guilfoyle, who may have spoken to him about the former 
 steward, because Mr. Gosford had been in so prominent a position as 
 steward, agent, and manager of those estates, that if any conversa- 
 tion took place between Guilfoyle and the defendant about former 
 associations at Tichborne, Mr. Gosford's name was sm-e to come up. 
 That might account for it. And if it was a genuine recollection of 
 the defendant it would tend very much to show that he must be 
 Roger, though it should not be forgotten that on his first amval 
 at Sydney, the defendant had not known who was the agent at 
 Tichborne. Then again, the statement about the two sons, James 
 and Andi-ew, would tend to show he was Eoger, unless Guilfoyle 
 had in conversation said, " Bogle is living here in Sydney, and so 
 are his two sons, James and Andrew ; if you are Roger, you will 
 remember them ; they are both settled here." At the same time it 
 is possible Guilfoyle may not have said anything about them, in 
 which case if the defendant did mention the two sons, James and 
 Andrew, and Bogle is telling us the truth, it is a striking fact in his 
 favour. Whether he is telling us the truth about that, it is for you 
 to judge. It was his son Andrew who told Bogle the defendant was 
 in Sydney, but he never saAv the defendant or came at all into con- 
 tact with him. There is another matter which I shall have to deal 
 with, namely, the recognition by the defendant of Upton. Bogle 
 would have led us to think, that when he produced the print of 
 Upton, the defendant, as soon as he saAv it, exclaimed, " Ah, there is 
 old Upton." Upon the former trial, however, he had told a different 
 story ; and upon cross-examination he was obliged to admit that he 
 had done so, and it turned out that he had taken these pictures of 
 Upton to the defendant, and, upon showing the picture of Upton to 
 the defendant, he had said, " There is a likeness of Upton," and
 
 ( 545 ) 
 
 upon that the defendant said, " Oh yes, that is old Upton." Of 
 course, that would make all the difference ; if he had recognised the 
 picture of Upton before Bogle mentioned the name, it would have 
 been very striking indeed ; but it turned out, upon pressure being 
 put upon Bogle, and on his being reminded of what he had said 
 on the former occasion, that he was constrained to admit that it 
 Avas he, and not the defendant, who first mentioned Upton, and 
 that the exclamation of the defendant was not made till after he had 
 been told that the picture was a picture of Upton. 
 
 Another thing upon which Bogle Avas pressed, and upon which it 
 was desirable to have a distinct understanding, Avas how it came to 
 pass that he Avas induced to come to this country ; Avhether it Avas at 
 his OAvn suggestion or that of the defendant ; and he stated it both 
 ways, but I think in the end it came to this, and this is the Avay the 
 tAvo statements may be reconciled : At the first intervicAv Avith the 
 defendant at the Metropolitan Hotel, the defendant tells him he is 
 engaged, and desires him to come the next day, Avhicli Bogle does. 
 Upon one of those occasions he tells him he is going to England, 
 whereupon Bogle says, " Oh, Sir, there Avill be a good many glad to 
 see you ; I Avisli I Avas going with you." Says the defendant, " If you 
 wish to go, I Avill take you. Come to me to-morroAV, and it shall be 
 arranged." He comes on the morroAv, but the defendant then says, 
 *' I am afraid I shall not be able to take you ; I shall not have 
 money enough." But on a subsequent occasion he tells him he has 
 arranged about fiinds, and Avill be able to take him. Then Bogle 
 says, " I shall not be able to go Avithout my youngest boy ; pray 
 take him too ; " accordingly he agrees to take the two. Noav Avhat 
 could be the motive of the defendant for brino-ino; Bog-le and the 
 son over to England ? His success here Avas uncertain ; the having 
 Bogle and his son on his hands Avould necessarily entail consider- 
 able expense — first, in bringing them over; secondly, in maintain- 
 ing them here. Why should he bring them ? In the second place, 
 why should Bogle desire to come ? All his associations Avere in 
 Sydney. His Avife Avas dead, but he had his three sons about him, 
 two settled there in business, and the younger one living Avith him. 
 He had his little business, and he had his annuity of 50/, a year. If 
 he came to England, he Avould have no business ; but it is true, he 
 Avould still have his 50/. a year. The only explanation he offers is 
 that people are more sociable in England, and he thought he should 
 like to be here; he coidd live on his 50/. a year; and Avas glad of the 
 opportunity of coming back to his old haimts and associations. That 
 is his explanation, and it may be that that was the motive that was 
 influencing him. But AAdiat could have been the motive Avhich in- 
 fluenced the defendant ? He not only brings Bogle over, but attaches 
 him to his person, and puts his boy to school. That is one of the 
 
 N N
 
 ( 546 ) 
 
 things wliicli Ave sliall have to deal with by-and-bye, when we have 
 to consider what were his sm-ronndings, and who were the persons 
 he had about him. The defendant might be able to use him for the 
 purpose of advancing his claim. His taking on himself the expense 
 of bringing a man over to this country who was past service, and 
 then keeping him attached to him Avithout any service whatever, 
 certainly is a striking fact; but on this it is, I think, only fair 
 to the defendant to make this obsers^ation. You might naturally 
 say that bringing a man to England who had no prospect of 
 bettering his condition here, and avIio was past service, and keeping 
 him on his establishment when in point of fact he had no service for 
 him to do, implies that he brought the man over in order to make 
 use of him, and make him available to furnish him Avith information 
 Avhich he otherAvise did not possess to enable him to enact the part of 
 Roger ? But it must be taken into account that the keeping the 
 man in his establishment might very Avell have resulted from the fact 
 of Lady Doughty having cut off his annuity. That having hap- 
 pened the man had nothing to fall back on in this country. The 
 annuity liaAdng been cut off, he would have been left destitvite in the 
 streets, with his young boy in the same condition, imless the defendant 
 had given him a helping hand. So I do not think Ave should attach 
 undue importance to that fact, seeing that it followed, as it were, out 
 of the natural course of things ; but Avhat I said I say again, that the 
 fortune of Bogle is so essentially associated with that of the defendant, 
 that I cannot help thinking, if there ever Avas a case in AA'hich a man 
 Avould be apt to strain his conscience, Avithout perhaps actually SAvearing 
 to that which Avas positively false — if there ever was a case in Avhich 
 a man would go as far as it is possible for a man to go in sa}ang AA'hat 
 he could in favour of another. Bogle is in that position. That is all 
 I AAasli to say Avith reference to the motiA^es of Bogle. We shall see 
 the important part he plays by-and-bye in the fm-ther dcA^elopment of 
 the history of this case. 
 
 Let me noAv call your attention to Avhat happened as foUoAving on 
 the defendant meetino* Avith Boffle. Boe^le, liaAang- recos-nized the 
 defendant, takes him the dark silhouette AA'hich Avas meant to be a 
 likeness of Sir EdAvard Doughty, and also tAvo leaves from the 
 book Avhicli Avas produced here, consisting of some sheets of note 
 paper, having at the top of each sheet the Doughty arms, and AAdiich 
 had been bound up in a book, and given by Lady Doughty to Bogle, 
 and no sooner had the defendant received these from Bogle, than he 
 Avrites ]Mr. Cottee a remarkable note. " Metropolitan Hotel, pitts 
 stt. INIr. Cotty. Dear Sir — I haA^e great pleasure in Avriting to }'ou 
 to thank you for the truble you have been put to on my account. 
 My Uncle Valet is now living with me. He happen to have Avitli 
 him my Uncle likeness and likcAvise a portion of the Hermitage
 
 ( 547 ) 
 
 Estate"' — probably he meant portrait — " a portion of the Hermitage 
 Estate. I intend to send you a copie of each, has soon as they are 
 finished. I sail positively on the first of Sept by the panama route." 
 Now in that note there are tAvo things which were certainly imtrue. 
 In the first place, Bogle was not living with him ; that we knoAv from 
 Bogle; but perhaps that may be explained if this letter was wi-itten, 
 as it well may have been, after the defendant had made up his mind to 
 bring Bogle to England. He may have considered him, by a stretch 
 of language, as already attached to him, and therefore, in a certain 
 sense, living with him ; but the other part is unmistakably neither 
 more nor less than a deliberate falsehood, for Bogle had no likeness of 
 the Hermitage estate, that being a creature entirely of the defendant's 
 imagination, unless it had reference to that farm in Hampshire, Avhich 
 certainly is not what he meant by the Hermitage estate, which he 
 represented to be in Dorsetshire. But Bogle has told us he had no 
 likeness of the Hermitage estate ; in point of fact Bogle had never 
 heard of such an estate, and kncAv nothing whatever of it. Therefore 
 that assertion, which I svippose was intended to have the effect of 
 inducing ]\Ir. Cottee and Mr. Gibbes to believe in the statement which 
 he had formerly made about the Hermitage estate, was clearly and un- 
 mistakably mitrue. But it does not stop there. Having got a leaf of 
 the book, he "\%Tites again to Mr. Cottee in these terms : " This leave 
 is taken fi-om a book which my uncle Valet brought from Tichborne 
 Avith him" — That no doubt was true ; that is to say, if the person he 
 was referring to was his uncle — " It bear the Doughty and Tichborne 
 crest. His name is Bogle and is now living with me." Then comes 
 the part I Avish to call your attention to. " He likewise has two wood 
 cut of Upton a seat my Uncle bought in Dorsetshire and likewise my 
 imcle likeness. I have them in my possesion now to get them copied 
 Has you have a doubht of my idenity I wiU send you a copie of my 
 imcle likeness, Avhen you see one you will see the other I mean my- 
 self." Now, in that note there is an error Avhich it is difficult to con- 
 ceive that Roger Tichborne could possibly have made. "" He likewise 
 has two wood cut of Upton a seat my Uncle bought in Dorsetshire." 
 The uncle, of course, is Sir Edward Doughty, and it is perfectly 
 certain that Upton never was bought by Sir Ed^vard Doughty, and 
 it seems to be equally certain that that was a fact Avhich must have 
 been knoAvn to Boger ; and I say so, because we know that Roger's 
 persistent refusal to consent to a sale of Upton became a source 
 of contest and unpleasantness — on more than one occasion it amovmted 
 to that — between Roger and his imcle and his father. But the 
 only reason Avhy Roger Avas able to pre\^ent the sale of Upton Avas 
 that Upton Avas included in the Doughty property Avhich had come 
 under the Avill of Miss Doughty, and had been included in the settle- 
 ment of 1850. If the seat in Dorsetshire had been bought by Sir 
 
 N N 2
 
 ( 548 ) 
 
 Edward Doughty, it would have been at once at Sir Edward's dis- 
 posah Sir Edward Doughty could have sold it if it had been his ; 
 it would not have been included in the settlement ; and the consent 
 of Roger to the sale would therefore have been wholly unnecessary. 
 Sir Edward could have disposed of that Avhich he had bought, just 
 as anybody else can dispose of that which has become his own by 
 purchase ; and inasmuch as Roger knew that his consent was neces- 
 sary to the sale of Upton, he must have known that it was not pur- 
 chased by his uncle, but was a property which had come under the 
 will of Miss Doughty. How the defendant came to make the mis- 
 take is obvious. Bogle believed, and no doubt told him, that this 
 was a seat which his former master. Sir Edward Doughty, had bought. 
 Bogle is asked, on cross-examination, about the Doughty property, 
 and he says it had come fi'om a relation, who had left it to his former 
 master, Mr. Tichborne, who afterwards became Sir Edward Doughty, 
 and that her name was Elizabeth Doughty, and she left it him by 
 will. He is asked: "Was Upton House, according to your notion, 
 a part of the property or not ?" He answers, " Sir Edward Doughty 
 bought that. Q. He bought that; Avhom did he buy it of? — A jNlr. 
 Sporier. Q. Do you recollect when he bought that? — I do not. 
 Q. You know he bought it from a Mr. Sporier ; do you recollect 
 what quantity of land there was about Upton House when he bought 
 it ? — Not a great deal. Q. Had Sir Edward got it when he first 
 went to live there ? When he first Avent to Upton, had he bought the 
 house, or did he rent it of Mr. Sporier ? — Of course, he bought it ; he 
 could not live there unless it was bought. Q. He might have hired 
 it ? — He never hired it ; he did not hire it, he bought it." 
 
 Well the way in which Bogle fell into that mistake — for we 
 know it was a mistake — was this : the property was not part of the 
 property actually left by Miss Doughty, but property bought by the 
 trustees under her will out of personalty wdiich was directed to be 
 applied to the purchase of real estate, to go to the same uses as those 
 which had been directed by her will, and it was bought by those 
 trustees — and the way Bogle fell into the mistake was the most 
 natural in the world. There was not much land attached to the 
 house at Upton. The property immediately adjoining was in the 
 market for sale, and Sir Edward Doughty bought it for 13,700/., 
 and mortgaged it in order to pay the price, and the mortgage 
 remained up to the time of the settlement of 1850 ; and it was part of 
 the arrangement carried into execution under that settlement that 
 Sir Edward was relieved from the mortgage, which became payable 
 out of the money which was to be raised upon the Doughty estates 
 to pay off the incumbrances on Tichborne and this mortgage ; but 
 Bogle, who was aware that his master had bought property at Upton, 
 was not aware of the acquisition of the property of the Upton estate
 
 ( 549 ) 
 
 as distingiiislied from the adjacent estate bouglit by Sir Edward, 
 and knowing that Sir Edward had taken possession of the two at the 
 same time, he naturally confounded the two in supposing that his 
 master bought Upton, whereas he did not, but only land adjoining, 
 which was added to Upton. Having made that mistake when he 
 l^resented the picture to the defendant, he, no douljt, said, " Here 
 is a picture of Upton, the place your uncle bought in Dorsetshire ;" 
 and accordingly the defendant sits down and Avrites to Mr. Cottee : — 
 " Here is a picture Bogle has got of Upton in Dorsetshire bought 
 by my uncle." The thing had passed from the mind of Bogle in the 
 most natural way in the world to the mind of the defendant, and so 
 there comes a statement from him which, to anybody who knows 
 anything about the Doughty property and the way in which the 
 different parts of that property had been acquired, must appear im- 
 possible to have been the recollection and knoAvledge of Iloger 
 Tichborne. 
 
 Gentlemen, Ave have now come to the end of the Australian case. 
 Let us see whether we can state the account fairly as between know- 
 ledge and Avant of knowledge thus far exhibited on the part of the de- 
 fendant, and strike the balance. Of what has he shoAvn knowledge ? of 
 what has he shoAvn ignorance ? He knew that Roger was the son of 
 Sir James Tichborne, afterwards Sir James Doughty Tichborne. 
 That, however, he Avould know from the advertisements in the Aus- 
 tralian papers ; therefore, Ave must eliminate that. He also knew — 
 at what precise time I Avill not take upon myself to say — that he 
 had a brother and tAVO sisters — sisters avIio Avere born in France. 
 He also kncAv — whether it Avas before that letter Avhich Avas sup- 
 posed to have led to the Avatering in the eyes, Avhicli, as INIr. HaAvkins 
 afterAvards elicited, might have been the result of Avashing himself 
 Avith soap and water — an operation Avhich he Avas carrying on at 
 the same time — I do not knoAV— but he knew there Avas a second 
 son, a brother. And, according to Mr. Gibbes, he knew the date 
 of his own birth, because he stated it correctly, both as regards 
 the day of the month and the year. But, on the other hand, he did 
 not knoAv Avhere he himself was born, and he did not knoAv Avhere his 
 brother Avas born. He stated that they had both been born in Eng- 
 land, himself in Dorsetshire, Avhereas they had both been born, as the 
 daughters Avere, in Paris. He stated that his mother Avent imme- 
 diately after his birth to Cherbourg, Avhich she certainly did not. 
 He stated that he lived in Paris until eleven or tAvelve years of age, 
 Avhereas in point of fact he stayed there until he Avas between sixteen 
 and seventeen. He stated, Avith reference to his education, that he had 
 been educated, or partially educated, by a Jesuit, or by a Christian 
 Brother— take the latter, as Mr. Gibbes is inclined to think that 
 Avhat the defendant represented Avas that the preceptor Avas a Christian
 
 ( 550 ) 
 
 Brother — but as regards the rest of his education, he said it was at 
 the High School of Southampton, Avhereas Roger never was at any 
 such school for a single hour ; and then he says, Avhat could not have 
 been the case with Roger, that his education had been interfered Avith 
 by a malady called St. Vitus's Dance, which unquestionably Roger 
 never had, or anything approaching to it. Then he says that the family 
 of Tichborne was a Roman Catholic family, which was true, but, un- 
 fortunately, with that he connects a statement of their having paid 3^. in 
 the pound to the Roman Catholic Church, which we may very safely 
 assume they never did pay. With regard to his education, he makes 
 the further grievous mistake that he not only makes no allusion to 
 Stonyhurst, and knows nothing whatever of that portion of Roger's 
 life, but he denies ever having been there. With regard to another 
 portion of Roger's life, his being in the army, he wholly ignores that, 
 and when the mother's statement is repeated to him about Roger 
 having been at Stonyhurst, and having been an officer in the army, 
 he positively denies both, and asserts that he never Avas at Stony- 
 hurst, and substitutes for three years' service in the army as an officer 
 a thirteen days' service as a j)rivate in a regiment Avhich had, and 
 could have, no existence whatsoever. With regard to the property, he 
 in the first place represents that the estate, which was entailed, Avould, 
 at his death, go to a cousin, ignoring the fact that he had a brother 
 who, if alive, Avould himself, and the heirs of his body after him, neces- 
 sarily intervene between Roger and the cousin, and he applies that 
 statement to the property generally, Avithout distinguishing between 
 the property Avhicli the cousin would inherit and the large mass of the 
 Doughty property Avhich the cousin AA^ould undoubtedly not inherit. 
 And then, Avhen he comes to deal Avith his property by will, he 
 speaks, as in couA'crsation AA'ith Mr. Gibbes he had spoken, of estates 
 AA'hich had no existence at all except in his imagination. Nothing- 
 can be more striking than the property affected to be disposed of in 
 the Wagga-Wagga aaHI. As I pointed out to you yesterday, it had 
 no existence in point of reality, or at all CA^ents had ncA^er been in the 
 possession of the Tichbornes for years. All this is matter deserving 
 of the most serious consideration. Still more striking is the fact that 
 in making that will he inserts, as executor and guardian, the names 
 of persons Avhom Roger never knew or could have known ; and AA^hen 
 he came to deal Avith one of the most important facts in Roger's life, 
 namely, the ship in AAhich, and the time at Avhich, he sailed fi'om 
 Europe, he fails to sIioav any knoAA'ledge of those circumstances as 
 they really existed Avith reference to Roger, and inserts a ship and 
 a time of sailing appertaining to another and totally different person. 
 All these are facts which haA-e to be pi;t in the adverse scale, as against 
 the knoAvledge exhibited on the other side of the account. Then 
 there is the fact against him, AA^hich is perhaps a still more striking
 
 ( 551 ) 
 
 circumstance than any of those I have mentioned, his ignorance of 
 his mother's Christian names. On the other side, there is the fact of 
 his manifestino; to Boofle certain knowlcdo-e Avhich it is also material 
 to consider. He has got hold of certain recollections of Ticliborne, 
 and we do not know that those were derived from any source but his 
 own memory. He asks Bogie after his sons, mentioning them by 
 name. That, however, must be taken with this, that he also asks 
 after Bogle's wife Avhom he had never kno^vn, and whose marriage 
 with Bogle had taken place after he went away, and which therefore 
 he coidd not have been acquainted with, if he had not got it from 
 some other source. He asks by name after different people con- 
 nected with Ticliborne. Amongst others he asks about Etheridge ; 
 he talks of Etheridge and the cats, and so on ; but then, when he 
 meets Etheridge at Alresford, according to Etlieridge's account, he 
 does not know him. These are things which Ave do not knoAv that 
 he got from any extraneous source, and if he did not, there is the 
 striking fiict of his having Ticliborne recollections which Boger 
 might very well have had. At the same time it is to be observed 
 that at this time he had seen and conversed with Guilfoyle, the old 
 Ticliborne gardener. In such a conversation the reminiscences of 
 Ticliborne Avould naturally be the principal subject of talk, and Avhat- 
 ever fell from Guilfoyle Avould be treasured up, and may have been 
 reproduced in coiiA^ersation with Bogle. Guilfoyle ought to have 
 been a witness on this trial. Why, in a Government prosecution, 
 so important a witness should have been left out I am at a loss to 
 understand. All these things have to be taken into account one way 
 or the other. There are exhibitions of knowledge and there are exhibi- 
 tions of ignorance ; and the question is, which of the two predominate. 
 Whenever you find ignorance, and that ignorance cannot be explained, 
 as Avas here attempted in respect of the Wagga-Wagga will, on 
 the assumption of an intention to mislead and therefore of an inten- 
 tion to misstate — AA^iere no such explanatory moti\"e can be alleged, 
 then ignorance is certainly far more striking than knoAvledge, if it 
 relates to that Avhicli a man could not in the ordinary course of 
 things have forgotten ; because knoAvledge may be acquired from 
 Avitliout — it cannot be acquired from within ; it may be lost by a 
 failure of memory, but unless you can ascribe it to a failure of 
 memory, ignorance is far more striking than the exhibition of know- 
 ledge for the reason I have just stated. Noav the things as to which 
 the defendant exhibited knoAvledge in Australia may by possibility 
 have become known to him from some source or other Avhicli Ave are 
 either unacquainted Avitli, or Avliich Ave can only guess at, but as this 
 is speculation only, Ave should not be in a hurry to assume that the 
 knowledge must have been thus acquired. It is only Avhere the 
 ignorance so preponderates over the knoAvledge that the latter cannot
 
 ( 552 ) 
 
 be genuine, that we should be justified in inferring that the know- 
 ledge is factitious, and has been obtained from external sources. 
 There are before you instances of ignorance with regard to the pro- 
 perty, with regard to his education, with regard to his past career, 
 besides mis-statements as to things which he represented as having 
 happened to himself, such as his having had St. Vitus's dance, his 
 having enlisted and having been bought off by his father, which 
 certainly are very striking, and which you may think of a conclusive 
 character ; but the matter is entirely in your hands, and you must 
 exercise your own judgment upon it. I have said all that it occurs to 
 me to say on the subject of the Australian life, and I shall now pass 
 on to the further chapters in the history of this case. 
 
 A Juror : Might I ask whether it appears that Guilfoyle was 
 ever employed at Tichborne as well as Upton ? 
 
 The Lord Chief Justice : He was gardener at Tichborne, 
 I think. If any of the counsel in the case will be kind enough to 
 inform us. 
 
 Mr. Hawkins : He was at Tichborne, my Lord. 
 
 The Lord Chief Justice : Gentlemen, on the 6tli of September, 
 the defendant left Sydney for Panama on board the ' Eachaia,' and 
 there were two persons called before you as witnesses wdio were 
 passengers in that ship, Mr. Hodson and Captain Vine Hall, both 
 of whom were struck with the defects of education displayed by the 
 defendant, defects which certainly form a very important element in 
 this inquiry. Unless tAvelve years' residence in Australia, and the 
 sort of life which the defendant lived there, and the persons with 
 whom he was brought into contact, and was in immediate intercourse 
 with there, can have so destroyed the effect of former education as to 
 account for such a change from what Roger must have been, as the 
 defendant at that time exhibited, it is impossible to say that the two 
 persons can have been one and the same. That is a matter you have 
 to judge of, but I am quite sure I do the defendant no injustice when 
 I say that, if, at an interval of as many months as there were years 
 between the disappearance of Roger and the appearance of the 
 defendant as Roger, the defendant had exhibited the defects of 
 education apparent in him, it would have been impossible to say 
 that tlie man who presented himself in the year 1867 could be Roger 
 Tichborne — that is quite certain. The man who Avrote the letters 
 from South America, who sent that extract fi'om his journal to Lady 
 Doughty from South America, could not by possibility be supposed 
 to be truly represented by the man avIio, in 1866, wrote the letters to 
 Lady Tichborne, and to the various persons with whom he corre- 
 sponded, and which have been produced before you. Unless you
 
 {■553 ) ■ 
 
 can account for the difference by the utter undoing, througli the life 
 led in Australia, of all that Kogcr had previously acquired, the in- 
 ference is irresistible. 
 
 In this vessel, the *Ilachaia,' the passengers got up some theatricals, 
 and after the theatricals an address Avas to be read to the captain of 
 the ' llachaia,' on the part of the passengers, thanking him for 
 his attention, and so forth, on the voyage. This address having 
 been draAvn up by Mr. llodson, the defendant, as the man of the 
 highest rank present, was requested to read it, and, according to the 
 evidence of that gentleman, his attempt to read it was a signal failure, 
 a complete breakdown ; he could not get over the words. And, 
 according to Mr. Hodson, he exhibited both then, and in his con- 
 versation, the most striking marks of a defective education, and he 
 showed, what his letters also shoAV, a signal instance of the abuse of 
 that mvich ill-used letter, the letter " h " — not but what I have known 
 men of education and great attainments who have had that same 
 defect, but then Koger had it not. No one has said that Roger put 
 the " h " in the Avrong place, or omitted it when required. Accord- 
 ing to the account of those Avitnesses the defendant did so ; and 
 certainly that failing is exhibited in his letters, and, if Ave may take 
 the letters as shoAving AA'hat he would do in conversation he must 
 have done so in speaking ; he omits the " h " in numerous instances 
 where it ought to be vised, and then he does Avhat so many people do, 
 he compensates that much injiu'cd letter by using it abundantly in 
 many places where it has no business to appear; and that struck 
 those gentlemen very much, and they Avere both impressed Avith the 
 belief that he could not be a man Avho had had the education Avhich 
 Roger ought to have had, and must have had ; so much so that, 
 as Mr. Hodson tells us, he made the observation to him, and the 
 defendant accounted for it by saying that he had had St. Vitus's 
 dance, \Adiich interfered with his being properly taught Avhen a boy. 
 
 Gentlemen, he came to Panama, and there he stayed for some 
 time. The French steamer, Avhich Avas the one he tells us he in- 
 tended to come home by, in order to go straight to France, Avas 
 fi'om some cause delayed, and the consequence Avas that he Avas kept 
 at Panama. We Avere told by Mr. Plodson that during that stay at 
 Panama the defendant Avas remarkable for being the only person 
 amongst them Avho Avas able to speak Spanish ; and that is a striking 
 circumstance, because, so far as Ave are aAvare, Roger did not speak 
 Spanish ; he spoke French, as we knoAv, to the last, as the language 
 of his preference. The defendant — and this is one of the remarkable 
 things in this case — told Mr. Gibbes he could not speak French at 
 all, but he spoke Spanish to him, as he did when at Panama. That 
 is one of the circumstances you Avill have to bear in mind hereafter 
 when we come to another and different part of the case. He stayed
 
 { 55^ ) 
 
 some time at Panama, and tlien Avent to Ncav York. Pie took his 
 passage thence to London in the ' Cella,' and he arrived in London 
 in the ' Cella' on the 25th of December, 1866, at about three o'clock 
 in the afternoon. 
 
 We now start with a new era altogether in the history of the 
 defendant's case. On Christmas Day, 1866, he set foot on English 
 soil, very nearly fourteen years since Roger Tichborne left it. He 
 landed at the docks in the afternoon of that day. As he was coming 
 up the river, a circumstance occurred to which your attention should 
 be directed. You recollect, in the history of Arthur Orton, that old 
 Orton and his son Thomas dealt in Shetland ponies. Those Shet- 
 land ponies used to come to London in the Dundee steamers, and 
 Arthur Orton, when he was assisting his brother Thomas with those 
 Shetland ponies, which he appears to have done to a great extent, 
 Avould no doubt have to go to the Dundee Wharf, and receive the 
 ponies, and bring them to the stables. He w^ould, of course, thus 
 l)ecome acquainted with the people belonging to those Dundee 
 vessels, and naturally enough, Avoidd become acquainted Avith any- 
 body Avho usually officiated as pilot to these boats. Noav there 
 was a man named Ferguson Avho used to be the pilot of the Dundee 
 boats, and who used ahvays to look out for them in the river, to bring 
 them up the riA^er to the docks ; and if we can believe the evidence 
 of the man named Bromley, aa^Iio, on the occasion when the defendant 
 was on board, piloted the ' Cella ' up the riA^er, this striking conversa- 
 tion took place between him and the defendant. The defendant 
 goes to him on the bridge, and inquires after a pilot of the name 
 of Ferguson, and the pilot says, " Ferguson ? there are tAvo or three 
 Fergusons ; AA'hich of them do you mean ?" Presently the defen- 
 dant comes again, and says, — " I will tell you Avhich Ferguson 
 I mean — the man who used to be pilot of the Dundee boats." — 
 " Yes," says Bromley, " I knoAv him ; he was John Ferguson." — 
 "Yes, that is the man." If you believe Bromley, that certainly is a 
 striking fact. The counsel for the defendant asks you to disbelieve 
 him, saying the story is incredible. You Avill exercise your oavu 
 judgment upon it. You may perhaps think it more improbable that 
 Bromley should haA^e iuA'cnted such a story than that the couA'ersa- 
 tion should have occurred. If there w^as a man of the name of John 
 Ferguson, Avho was pilot of the Dundee boats, AAdiich most undoubtedly 
 there Avas, there Avould be nothing extraordinary in a person Avho had 
 knoAAm him inquiring about him. I quite agree it Avould be most 
 extraordinary that a person who had not knoAvn him should come and 
 ask after him. So much for the matter of John Fero'uson. It is not 
 so important Avith reference to the Castro and Roger Tichborne case 
 as it is important to the Arthur Orton case, because it is knowledge 
 you Avould expect in Arthur Orton as quite natural ; but it is im-
 
 ( 5od ) 
 
 portant in one respect with reference to Kogcr Ticliborne, because 
 one cannot lielp asking oneself the question — how couki lioger have 
 known about John Ferguson, the pilot of the Dundee boats ? 
 
 Bogle gives us here a piece of evidence which is not immaterial. 
 He says that as they were coming up the river, young Butts, the 
 secretary, whom the defendant had also brought over to this country 
 — no one knows why — came, as from the defendant, and said, *' Bogle, 
 what hotel had w^e better go to?" — "Oh," says Bogle, "we had 
 better go to Ford's Hotel, Manchester Square ; that is where the 
 family always went." Young Butts takes the message back, and 
 when they arrive at the wharf a cab is called, and the defendant and 
 his wife and child and nurse get into the cab and go away to Ford's 
 Hotel, Bogle and young Butts being left behind with directions to 
 follow the defendant to Ford's Avitli the luggage. You have heard 
 that the reason he gave on his examination for going to Ford's Hotel 
 was that that Avas the hotel which his father and uncle had been in 
 the habit of using. I have no doubt it is true that members of the 
 family used to go to Ford's, and that Bogle recommended that hotel 
 on that account ; but the defendant said it as though it had been a 
 matter of his own knowledge, and as if he had spontaneously selected 
 that hotel because his father and uncle had been in the habit of 
 staying at it, whereas we now find that he did not know what hotel 
 to go to, and went to Ford's because Bogle said it was where the 
 family went, a thing which Roger would probably have known. 
 However, they go to that hotel, and must have arrived there, I should 
 suppose, about five or six o'clock. Well, the first thing to be done on 
 arrival, of course, w^ould be to order dinner, that essential necessary 
 of human life, w^iicli we cannot get on without. Whatever other 
 object we may have in vicAv, Avhatever the circumstances in which we 
 are placed, if we have a dinner to eat, we must dine. Accordingly, 
 the defendant dines. It is Christmas Day, and he has arrived after 
 a long voyage, glad, one w^ould think, to be relieved from the tossing 
 of the waves, and to find himself at a comfortable hotel, in a nice 
 snug room, with a cheerful fire, good repast, and glass of wine. 
 You would naturally expect that under such circumstances a man 
 Avould be very glad to find himself by the fireside chatting with 
 his wife, and enjoying himself, and that he would have put off any 
 matter of business till the ensuing day. But to our surprise, we 
 learn, that on that same evening, a cold December evening, the de- 
 fendant sends for one of those lumbering vehicles which are a dis- 
 grace to a civilised country, a four-wheeled cab. I say so without 
 hesitation, because I have been in many cities, and there is not a 
 city where you will find so inconvenient and detestable a vehicle 
 as your four-wheeled cab — cold, comfortless, noisy, rattling, having 
 but one recommendation, that of travelling tolerably fast. A^vay goes
 
 ( 55G ) 
 
 the defendant in this four-wheeled cab to the remote district of London 
 called Wapping, and then a scene takes place Avhich has been de- 
 scribed to us, and which, if truly described, is certainly of a very 
 remarkable character. He arrives between eight and nine o'clock 
 at the ' Globe ' public-house, situated at the corner of the High 
 Street, Wapping and a street called Globe Street — a house kept by 
 a woman of the name of Jackson. He is di*essed in a rough pea 
 jacket, with a muffler round his throat and a peaked cap on his head ; 
 and it was attempted to be represented — I do not think quite fairly 
 — that this was a dress he had adopted for the purpose of disguise. 
 I think it may very fairly be ascribed to the particular season of the 
 year, and the hour of the day, when a man Avould wrap himself up 
 — a very proper precaution in this ungenial climate of om-s at that 
 time of the year. He arrives, and looks in ; there is no one there 
 except Mrs. Jackson and her mother, a Mrs. Fairhead, who formerly 
 kept the house herself. She had gone that day to spend the even- 
 iup; with her daughter at the ' Globe.' The two women were there 
 alone. In walks a stout, burly sti-anger, muffled up in the Avay I 
 have described, and asks for a cigar and a glass of sherry. Then he 
 begins to talk, and, in the course of conversation, says, " What has 
 become of the Ortons, who used to live here in the High Street ? 
 I have been at the house knocking there for some time, trying to 
 get in, and there seems to be no one there." — " Oh, no," says 
 Mrs. Fairhead, " they are all gone. Old Mr. Orton is dead, and so 
 is Mrs. Orton. Mrs. Orton died some years ago, and Mr, Orton 
 died some thirteen months ago." Then he says, " Where is Mary 
 Ann Orton ?" — " Oh, Mary Ann married a Mr. Tredgett, but 
 Mr. Tredgett died a few months after their marriage, and she is 
 now a widoAv, and is keeping a lodging-house in the East India 
 Ivoad somewhere." " Could you give me her address ?" — " No, but 
 it can easily be got. Her brother Charles has set up as a butcher 
 here at the end of the street. You have nothing to do but to go to 
 him, and he will give you the address in a moment." " No," says 
 he, " I dont want to have anything to do Avith Charles. The only 
 one I want is Mary Ann ; if you can get me her address I shall be 
 much obliged." — " Yes," says Mrs. Fairhead, " I think I can, for 
 there is a servant Avho used to live with the Ortons, who is living 
 with a daughter of mine, who keeps a public-house here in the neigh- 
 bourhood, and I can get the address from her, no doubt." Meanwhile, 
 while she is preparing to get the address, the conversation con- 
 tinues, and he says, " By-the-bye, Avho did you take this house of? 
 
 w^as not it a Mrs. Mac " " Macfarlane," puts in Mrs. Fairhead. 
 
 *' Yes, that is the name ; I could not think of it." Then he inquires 
 ■what had become of several of the people in the neighbourhood. 
 First, he looks out of a glass door which opened into Globe Street,
 
 ( ^57 ) 
 
 and having looked across the street, he says, " What has become of 
 the Cronins ? Do they keep the shop over the way now ?" " No,' 
 she says, " the old man died : the widow and the son kept the shop 
 for some time, but they have left recently." Then he turns to her 
 and says, " What about the Schottlers, Avho used to keep the house 
 in the nook ; do they still keep the house ?" — " No," she says, " tliey 
 have left." He Avas quite right as to that, the Schottlers did keep the 
 house in the nook, that is, a retiring part of the street. Then he 
 asks, "Does Gosheron still keep the house, *the Old 42?'" — No, 
 Gosheron was gone. Then he says, " What has become of John 
 AVarwick ; does he still keep the butcher's shop ?" — " No," says Mrs. 
 Fairhead, "he is dead." " Poor John Warwick ! he is dead, is he ?" 
 — It reminds me of the scene in Henry the Fourth. " And is okl 
 Double dead ?" — " Is poor .John Warwick dead ? then who keeps 
 the shop now ? — A person of the name of East." " East," says the 
 defendant, " I don't recollect the name of East." — " No," she says ; 
 " he married one of the sisters, the stout sister." " Ah," he says, 
 " you mean Sophy " — and that was right, Sophy was the stout 
 sister. Then he asks about the Wrights; and Mrs. Jackson says, 
 " I cannot tell you anything about the Wrights." But Mrs. Fair- 
 head says, " But I can. Young Wright went to sea, and never 
 came back, and has never been heard of since." The conversation 
 having reached this point, the defendant walks along the passage 
 that led from the room where the two women were sitting to the 
 parlour — there being no other customer in the house at the time — 
 he walks along, looks round, there being gas in the passage and 
 parlour, and then walks back and says, " Well, I declare this house 
 has not altered a bit ! " — showing that his recollection of it was of 
 a former day. In the meantime Mrs. Fairhead has made her pre- 
 jjarations to go and get the address ; but she is very much struck 
 by this conversation, and by the knowledge of Wapping mani- 
 fested by the defendant. She was struck, too, by his likeness 
 to old Mr. Orton, or at all events by what she fancied to be the 
 likeness to old Mr. Orton, and she looks up at him and says, " Why, 
 you must be the Orton who left some twelve or fourteen years 
 ago, and has not been heard of since." — " No," he says, " I am 
 not ; but I am a friend who has come to assist the Orton family." — 
 " Well," says she, "' you are very like the family ; you are very 
 like the old o-entleman." Then she makes an observation about 
 his knowing the place, and she says, " You seem to knoAv the 
 Wapping people very well." " Yes," he says, " I was at Wapping 
 some twelve or fourteen years ago." Now if you take 14 from 6G it 
 will brinsf out 52, and 1852 was the time when Arthur Orton was 
 last in Wapping. I\Irs. Fairhead had in the meanwhile come to 
 the end of this conversation, and was about to start to get the
 
 ( 558 ) 
 
 address. She puts her ajDron up to cover her head as she is going 
 out, and the defendant assists the old lady to tie the apron round her 
 head, and she goes out, leaving him with INIrs. Jackson, and Mrs. 
 Jackson gets into conversation with him. At the end of the conver- 
 sation she too says, " I cannot help thinking you are one of the 
 Ortons ; you are so like the Ortons." Says he, " What makes you 
 think I am like the Ortons ? " " Well," she says, " you are like both 
 the father and mother ; " and then, as he had asked so many questions 
 about Wapping, she, too, says, " Why, really, you know more about 
 Wapping than I do. If you are not an Orton, you know the 
 neighbourhood very well." And then he varies the date, according 
 to her, and says he had been there, " sixteen years ago," which will 
 take us back to 1850, and although that is not the precise date, still 
 it was not far from it; we know that in 1851 Arthur Orton returned 
 from South America. Well, Mrs. Fairhead comes back and brings 
 the address of jNIrs. Tredgett, which she had got from her daughter's 
 house, and hands it to the defendant. We know from the defendant 
 that he went that evening to Mrs. Tredgett's, but did not find her 
 at home. Both the witnesses concur in saying that he was at 
 the ' Globe ' from three-quarters of an hour to an hour. The con- 
 versation took up that time, including the time that jNlrs. Fairhead 
 Avas gone to get the address, and they say he was there talking 
 all this time, and smoking three cigars, mth which they supplied him, 
 and drinking his sherry. Such is the evidence of these witnesses, 
 but it is right we should have the defendant's statement with regard 
 to this. 
 
 Now he admits on cross-examination that he did go down to 
 Wapping on this night, and that he went to the ' Globe ' public- 
 house and had a conversation there with a woman — but with one only 
 — there being no second person there — with a woman who appeared 
 to keep the house. He gives a totally different account of that con- 
 versation from that which the two witnesses have spoken to, and it is 
 necessary that we should attend to what he says. " The house you 
 went to was a public-house. Who was the first person who saw you ? 
 Did you learn that old Mr. Orton was dead ? Did the woman whom 
 you asked tell you so ? — I do not remember whether she did or not. 
 Q. Did you say you knew of the death of the old lady ? — No ; I 
 certainly did not say that, because I did not know anything about it. 
 Q. You did not say so ? — No. Q. INIrs. Fairhead was the person I 
 suggest you said that to?" — according to Mrs. Fairhead's evidence 
 he did know, or appeared to know of the death of old Mrs. Orton, 
 but did not know of the death of old Mr. Orton — " Mrs. Fairhead 
 Avas the person I suggest you said that to ? — I do not knoAV what the 
 name was. Q. Did she tell you that Mary Ann Orton had married 
 a Mr. Treda:ett, and that Mr. Tredfjett had died within about nine
 
 ( 559 ) 
 
 montlis of the marriage ? — I believe she did say that. Q. While you 
 were there, and this conversation was going on, did she mention the 
 name of Charles Orton ? — No. Q. And did you say ' I do not want 
 to see him?' — I did not. Q. That you swear? — I swear I never 
 heard the name of Charles Orton mentioned. Q. You swear you 
 never heard the name of Charles Orton mentioned, and that you did 
 not say that you did not Avant to see him ? — No." Then he denies that 
 any conversation took place about the Cronius, or Gosheron, or the 
 Schottlers, or about Warwick, or about the Wrights, and denies having 
 been told that he was an Orton. He is asked, " Did Mrs. Jackson 
 say, ' You are an Orton ? You are like both the father and mother ?' — 
 She certainly did not. Q. Or anything to that effect ? — Or anything 
 to that eftect ; I do not remember seeing but the one female there. 
 Q. Did you say in answer, ' No, I am not. I am merely a friend 
 of the Ortons ; I have come from her brother to assist Mrs. Jury ? ' — 
 I did not. Q. Do you recollect, did she say after you had been talking 
 some time about these people, ' Well, if you are not Orton, you seem 
 to know Wapping pretty well, at any rate ? ' — She did not. Q. Did 
 you say, 'I have been away from Wapping about fifteen years?' — I 
 did not say anything of the kind. Q. How long do you think you 
 were there ? — ^In the house ? Q. Yes ; you had some conversation 
 with some person there ? — From five to seven minutes. Q. Were 
 you not there nearly an hour? — Certainly not. Q. Haxing a long 
 conversation about Wapping and the people at Wapping ? — I was 
 not there more than seven minutes. Q. Now I have put to you 
 what I suggest passed ; tell me, in your way, what you say did pass?" 
 Then he gives this account : " I went down to the house where I had 
 an address " — that is to say, the Orton house — " it being shut up, I 
 went into the first public-house that I could see, and inquired for the 
 address of Miss Orton, and they gave me the address. I remained 
 there, I suppose, from five to seven minutes. Q. What address did 
 they give you ? — They gave me some address ; I do not know where 
 it is now. Q. Wrote it do^vn for you ? — Wrote it down ? Q. Yes. 
 You A\Tote it do'n^i ? — No, they wrote it down. Q. Miss Orton, was 
 it ? — Miss Mary Ann Orton. Q. They A\a-ote it down ? — Yes. 
 Q. I do not Avant to catch you by saying ' they ; ' you mean the 
 person you saw? — Yes. Q. Was there more than one person? — 
 Only one person. Q. The person you saw wrote it doAvn ? — I do 
 not know Avhether she wrote it herself; she gave it to me written. 
 Q. And then you went away ? — I went away ; I went to the addi-ess 
 that she gave me. Q. And that is the beginning and end of the 
 matter — I mean of the matter in the public-house ? — Yes. Q. That 
 could hardly have taken even so long as you say ? It was a very 
 short business indeed ? — Not a very long one ; fi'om five to seven 
 minutes. Q. Did you have refreshment, or anything there ? — I
 
 ( 560 ) 
 
 believe I had a glass of something, I cannot say what. Q. You 
 stayed to finish your glass, and then went aAvay ?— Just so." So that 
 there is a positive contradiction between these t\vo witnesses and the 
 defendant. lie or they must have sworn falsely. 
 
 He denies all that part of the conversation which would imply, if 
 it took place, this minute knowledge on his part of the personalities 
 and localities of Wapping. He represents that he merely went in to 
 inquire about the Orton house, which he had found shut, and asked 
 for the address of Mary Ann Orton, and having got it, went away 
 about his business, not staying above five or seven minutes. The 
 learned counsel for the defendant boldly challenged your decision in 
 favour of his client Avith reference to this certainly very important 
 matter, on the ground that these witnesses had committed perjury, 
 and had committed perjury because they had been bribed. They had 
 been bribed ; they had been tutored by Whicher to give evidence with 
 reference to this conversation, when in point of fact the conversation 
 never occurred. The old lady, Mrs. Fairhead, appeared to be very 
 hurt and very indignant, and the daughter appeared to share the 
 indignation of her mother at this suggestion of their being induced to 
 give evidence by reason of their having received money. Whether 
 that pain and indignation w^as real or simulated you had the oppor- 
 tunity of judging. They seemed to me to be two very respectable 
 people of their class, so far as outward appearance Avent, and they 
 gave their evidence in a way not calculated to excite one's distrust by 
 the manner in which they gave it ; but this is a matter which it is 
 peculiarly the province of the jury to judge of. You must make up 
 yoiu' minds Avhether you believe these witnesses to have been speak- 
 ing the truth, or Avhether they came here with a concocted story, and 
 committed perjury, as the defendant's counsel asserts. But suppose 
 you believe these Avitnesses to be telling the truth. Suppose that the 
 conversation to Avhich they deposed took place betAveen the defendant 
 and them, and that he manifested this intimate acquaintance Avith 
 persons in Wapping Avho, some fifteen or sixteen years ago, or Avhat- 
 ever the period may have been, kept shops and establishments in the 
 immediate locality of the old Orton house — Avhat is the inference to 
 be draAvn from such an exhibition of knoAA^edge, if in point of fact it 
 took place? At present I am not dealing with the Arthur Orton 
 case, upon Avhich this evidence has, perhaps, a more immediate 
 bearing ; but in dealing Avith the Roger Tichborne case it has also a 
 most important bearing, because one cannot help asking oneself the 
 question, could Iloger Tichborne possibly haA'e been possessed of the 
 information Avhich is implied in all this inquiry about persons living 
 formerly in that neighbourhood, and the knoAvledge of them thus 
 strikingly exhibited? Hoav could Roger Tichborne have knoAvn 
 anything about the Cronins? IIoav could he have knoAvn that
 
 ( 561 ) 
 
 Goslieron kept the 'Old Forty-two'? How could he know that the 
 Schottlers kept the house in the nook ? How could he know 
 Warwick, Avho kept the butcher's shop ? how could he have known, 
 w^hen he Avas told it was now kept by East, who married the stout 
 sister, that that stout sister's name was Sophy? It certainly is 
 utterly inconsistent with anything connected Avith Roger, Avho, so 
 far as Ave knoA\', Avas never at Wapping at all — unless you accept 
 the theory of the learned counsel, that in the intimate intercourse 
 betAveen Arthur Orton and Roger Tichbome in the bush in Aus- 
 tralia, Arthur Orton had talked to him so much about the people 
 living in AVapping, that the mind of Roger Tichborne had become 
 so imbued Avith the knoAA'ledge of all these people as that he recol- 
 lected them and thought of them as if he had himself once been 
 familiar Avith them. There stands the fact, that Ave have a man 
 representing himself as Roger Tichborne, and AAdiose identity AA'ith 
 Roger Tichborne is the subject-matter of this inquiry, exhibiting 
 knowledge AAdiich, personally, Roger Tichborne never could by possi- 
 bility haA'e been possessed of. 
 
 Another thing also must not be lost sight of Avhen AA^e are dealing 
 Avith the question as to whether Roger Tichborne Avould have gone 
 doAA-n to AYapping and have sIioaa'u all this know^ledge. One cannot 
 help asking oneself Avhy should Roger Tichborne liaA^e gone to 
 Wapping at all ? What says the defendant about it ? What did he 
 go for? According to his account, it AA'as because he Avanted to 
 make inquiry about the Ortons, partly because Arthur Orton had 
 asked him to get information about his family, partly because he had 
 promised Arthur Orton to assist them in case they should be in 
 indigent circumstances and require pecuniary assistance. Well, 
 Avhat Avould you have expected a man to do under such circumstances? 
 To start at night, go doAvn to Wapping in the dark, and make 
 inquiries about the Orton family on the first night of his arriA^al ? 
 Would it not have been abundantly sufficient to have gone there the 
 next day. One must look at these things Avith the eye of reason and 
 common sense. Suppose in some foreign country where you Avere 
 settled, or AA'here you had been travelling, you made an acquaintance 
 Avhich matured into Avarm friendship, and yoin* fi'iend AA'hen you Avere 
 coming to England had said : " There are members of my family Avhom 
 I have not heard of for years ; I hardly knoAv Avhere to find them, but 
 they formerly liA'ed in such and such a part of London ; I do not knoAv 
 Avhat may be their condition ; I Avish AA^hen you get to England you 
 Avould make inquiries about them : liimt them up, let me knoAv Avhat 
 they are doing, and what are their circumstances ; and if you find they 
 are in Avant or distress, put your hand in your pocket and make them 
 advances, AA^iich I shall be happy to repay you AA'hen Ave meet again ; 
 relieve them if they require it." What Avould you do ? You arriA'e 
 
 O O
 
 ( 562 ) 
 
 at the docks, you take a cab, get away to an hotel at a distant part 
 of the town, you dine, and are very comfortable, and it is a very 
 cold evening. Do you not think the most zealous Mend would 
 wait till the morning ? Would you not have said, it will be time 
 enough to go about this benevolent commission to-morrow morning ; 
 this is the first night I am on shore ; I will wait till I have had my 
 breakfast in the morning, and read my newspaper, and then I will 
 order a cab, and go to this place. Is not that what you would have 
 expected fi'om a person circumstanced as Roger Tichborne is sup- 
 posed to have been circumstanced in this matter? Does not the 
 going down to Wapping at such a time imply some more cogent 
 motive — some more powerful and pressing motive than the mere 
 desire to do a work of fl-ieudship or charity ? 
 
 Let us see next hoAV the defendant follows up what had happened 
 that evening. The first thing the next morning, as soon as he has 
 breakfasted, he starts and goes down to AVapping again, and goes to 
 Mrs. Tredgett's address, where he admits he had been the night 
 before. He does not find anybody at home ; and he is found by a 
 neighbour knocking at ]Mrs. Tredgett's door. jNIrs. Tredgett had 
 gone out holiday making at Christmas time, and she had not been at 
 home the night before, and was not at home that morning. But the 
 neighbour, a Mrs. Moore, knew a Mrs. Pardon, a sister of INIr. 
 Tredgett, who had married Mary Ann Orton, and taking for 
 granted that as she had been a sister of the deceased Tredgett she 
 would know something about her sister-in-law Mrs. Tredgett, she 
 sends her daughter Avith the defendant to Paignton Ten-ace, in the 
 East India Road, where Mrs. Pardon lived. The defendant intro- 
 duces himself by sendmg in a card on which was written " William 
 H. Stephens, Australia," and on seeing Mrs. Pardon, he asks if she 
 would answer him a few questions respecting the Orton family. He 
 tells her he had called the night before at Mrs. Tredgett's, but had 
 found the house closed, and could not get an ansAver. She, knoAving 
 the family, says, " Are you an Orton, you are so like old George 
 Orton." " Xo," he says, "but I am a great friend of Arthur Orton, 
 Avho is one of the Avealthiest men in the colony, aud I promised him 
 to inquire after his sister Mary Ann, and if she needed any assistance 
 to assist her." Then he giA^es some account of himself. jNIrs. Pardon 
 says he told her he Avas the editor or reporter of an Australian news- 
 paper, and was about to go to Ireland to report the Fenian moA'ement, 
 a statement consistent Avith the address on the card which represented 
 him as W. H. Stephens, of Australia. In the course of conversation 
 he produces a locket containing a likeness of a lady and child, and 
 teUs her it is the likeness of Arthur Orton's Avife and child. He ends 
 by giving her a letter addressed to Miss ISIary Ann Orton, 69, High 
 Street, Wapping, Avhich he represented as coming from Arthur
 
 ( 563 ) 
 
 Orton, and which he requested ]\Irs. Pardon to forward to her. Mi-s. 
 Pardon was so impressed — it may have been a fancy, and I do not 
 say at all that it ought to make strongly against the defendant — but 
 she was so impressed Avith his likeness to the Orton family, that she 
 puts it to him a second time whether he was not an Orton, and he 
 denies it again, and then he goes away. In the afternoon Mrs. 
 Tredgett, who had heard that somebody had been calling at her 
 house, and that the person so calling had been taken to Mrs. Pardon's, 
 calls, and opens the letter in the presence of Mrs. Pardon, and this is 
 the letter: " Wagga-Wagga New South Wales June 3rd. /66. My 
 Dear and Beloved Sister It many years now since i heard from any 
 of you. I have never heard a word from any one I knew since 1854. 
 But my friend Mr. Stephens is about starting for England. And 
 he has promised to find you all out. and Avrite and let me know all 
 about you. I do not intend to say much because he can tell you all 
 about me. Hoping my dear sister he will make him welcome has he 
 is a dear friend of mine so good bye Arthur Orton." Then there 
 is that immistakable Arthur Orton hieroglyph which is attached to 
 the letters AVTitten by him to Miss Loader and to his sister in the 
 years 1853 and 1854 ; so that whoever Avrote that letter and wrote 
 it as Arthur Orton must have been perfectly well acquainted with 
 the hieroglyph that Arthur Orton used. 
 
 Now that that letter was written by the defendant there is internal 
 and external evidence which leaves no room for the slightest doubt. 
 It could not have been written from Australia, for this simple reason. 
 Although it is dated from Wagga-Wagga, June 3rd, 1866, a time 
 when, no doubt, the defendant Avould have been in Australia, yet it 
 could not be written then for this simple and perfectly plain reason. 
 He writes, " My friend Mr. Stephens is about starting for England," 
 and the card of Mr. Stephens is produced as though the defendant 
 were the bearer of the letter from Arthur Orton, and was himself 
 Stephens. Now the defendant, by his own admission, did not make 
 the acquaintance of Stephens or obtain this tiiid till he was on his 
 passage fi-ora New York to England, Avhen he fell in with Mr. 
 Stephens, who was a passenger on board the same ship, and gave 
 him this card ; therefore it could not have been until after the defen- 
 dant met Mr. Stephens as a fellow-passenger on board the ship — 
 that is to say some time after he left Australia — that this letter could 
 possibly have been written : besides which, Ave have become familiar 
 with the liandAvi-iting of the defendant, and nobody who is acquainted 
 with his writing and who looks at the letter can, I apprehend, enter- 
 tain for a moment a doubt that it is in the same handwriting. 
 
 Let us now hear the account which the defendant gave of the 
 transaction on his cross-examination. The card Avith " W. H. 
 Stephens, Australia," is handed to him, and it is acknoAvledged by 
 
 OO 2
 
 ( 564 ) 
 
 him, but not until very considerable pressure has been put upon him 
 to obtain that acknowledgment. " Did you ever see that before ?" 
 asks the Solicitor-General, handing a card to the witness. " Just 
 look at it. "What is that ?" Then the defendant reads, " That is 
 * Wm. H. Stephens,' and then there is ' Australia,' w ritten I cer- 
 tainly cannot say by whom. Q. Just keep it in your hand : You 
 cannot say whether you ever saw that before ? — No : it looks very 
 much like my writing, the ' Australia,' but still it is not, I think ; 
 I will not say it is not. Q. Eh ? — It might be, but it certainly 
 does not look like it; it looks similar, but I do not think it is 
 mine. Q. Whose Avriting is the ' Wm. H. Stephens' in, do you 
 know? — No, I do not: I should think it would be Stephens's. 
 Q. Did you ever have anything to do with that card before ? did you 
 ever see it ? — I do not remember. Q. You have no remembrance of 
 seeing that card before ? — No, I might have done so. Q. I know 
 you might have done, but what I want to knoAv is, do you remember 
 that you did? — No, I do not remember at the present moment whether 
 I did or not. Q. Did you receive that card from Mr. Stephens, or 
 did you write it yourself? — Oh, it is not my writing. Q. That you 
 are sure of? — Oh, of that I am positive. Q. Just look at the signa- 
 ture on those two letters, signed 'William Stephens.' — That is what 
 I am speaking of. Q. That is what I am speaking of also ; look at 
 the signature of those two letters signed 'Wm. H. Stephens.' Is it 
 anything like that? — I do not think it is. Q. Well, look — (After 
 looking) No. Q. Does it look as if it had been imitated one from 
 the other ? — No, I do not think so ; certainly not, good gracious me, 
 no. Q. Did you yourself leave that card at Mrs. Pardon's ? — I do 
 not remember the name of Pardon." Then the question is put 
 in another form. " Did not you yourself leave that card, ' Wm. H. 
 Stephens, Australia,' at the house of the person to whom you were 
 sent to inquire about the Ortons ? — I believe I did leave a card. 
 Q. ' Wm. H. Stephens?' — Yes. Q. ' Wm. H. Stephens, Australia?' 
 — I do not know about the 'Australia' part of it. The Lord Chief 
 Justice : You say you have no reason to doubt that this is the card, 
 but do you now adhere to your answer ; are you uncertain about it, 
 or do you wish to alter the answer ? — It is simply this, that I do not 
 remember leaving any card. Q. But just now you said it was not 
 your writing ? — Oh, certainly not, my Lord : I adhere to that. 
 Q. You adhere to that, that is not your writing, and you believe it is 
 the card you left? — No; part of it: the 'Australia' has a similarity 
 to my Avriting, but I cannot say. Q. Your attention is called to it ? 
 — Speaking of the ' Wm. H. Stephens,' that certainly is not my 
 writing. Q. What do you say about 'Australia?' — The other has a 
 similarity to it, but I should not like to swear it is or is not. The 
 Lord Chief Justice : You are not asked to swear to handwriting, 
 but as to your belief: your attention is called to this circumstance.
 
 ( 565 ) 
 
 tliat, kin iiig left a card at tlie house where you say you called, you 
 have no reason to doubt that is the card you left ? — None whatever. 
 Q. And on the card there is in one writing ' Wm. H. Stephens,' 
 and the other in what some people may think in a different Avriting ; I 
 express no opinion about it ; but your attention having been called to 
 the matter? — The only thing I can say is, it is very similar to mine. 
 Q. Look at it again ? — Well, I did not believe it was, and that is 
 Avhat made me dispute it ; yes, I believe it is in my hand^vritlng. 
 Mr. Serjt. Ballantine : The whole of it ? — No, merely the 
 'Australia.' The Lord Chief Justice: If you look at it, it is a 
 different handwriting : I did not express an opinion about it, but he 
 says now it is his. Q. The word 'Australia ' is your -writing ? — Yes. 
 The Solicitor-General : Do you believe you left that card your- 
 self at the house of the person to whom you were directed to inquire 
 for the Ortons? — Very possibly I did. Q. When? — I do not know 
 when : yes, I can tell you Avhen if you will stop a minute ; it would 
 be when I called there on the 26tli of December. Q. On the 26th 
 of December, 1866? — Yes. Q. The day after you landed? — Yes. 
 Q. Where did you call ? — I do not know where the address Avas, I 
 am sure. Q. But whereabouts ? — It was somewhere not far from 
 the Victoria Docks." You thus see how long the defendant did 
 what a Avitness ought not to do, that is, fenced Avitli the questions, 
 when he must have knoAvn in his mind, beyond any possibility of 
 doubt, that the "Australia" on the card Avas his own handwriting, 
 and that the card was the one he actually left at Mrs. Pardon's in 
 order to pass himself off as W. H. Stephens, a reporter who had 
 come over here to report on the Fenian movement. 
 
 He admits that he asked Mrs. Pardon for the address of Mary 
 Ann Orton, but he denies that Mrs. Pardon taxed him Avith being 
 an Orton. " Did she say, after talking Avith you for some time, 
 ' Why you are wonderfully like the Orton family; you must be Mrs. 
 Tredgett's brother ? '—r-No, she certainly did not. Q. That you 
 swear ? — That I positively SAvear. Q. Now do you mean to SAvear 
 that Mrs. Pardon did not tell you that you Avere an Orton, and Avere 
 the brother of Miss Mary Ann Orton, Avho had noAv become a 
 Tredgett ? — I most positively swear she did nothing of the kind. 
 Q. Did not she say to you, after some little time, ' Why you must 
 be, you are so much like old Mr. George Orton.' And did you say, 
 ' Oh, no, only a friend ?' — I tell you there Avas no couA-ersation passed 
 on that matter whatever. Q. And did you say, ' Only a friend, a 
 reporter for one of the Australian papers ; and my mission is to go to 
 Ireland and report upon the Fenians'; W. H. Stephens, you knoAv, 
 Avas a Fenian reporter? — Yes, I might haA'e said that. Q. Who 
 Avas W. H. Stephens ? What made you take his name ? What was 
 he ? — I cannot tell why ; I merely wanted to find out Avhat I wanted
 
 C 566 ) 
 
 to know, and have nothing more to do with them" — that passage is 
 not unworthy of notice — " AVhat made yon take the name of W. H. 
 Stephens ? — I cannot tell you ivhat made me : there Avas a person on 
 board the ship of that name. Q. Was he a Fenian reporter? — 
 I cannot tell you whether he was a Fenian reporter or a spy sent out 
 by your side to Avatch me. Q. Where did you fall in with W. H. 
 Stephens, a Fenian reporter, or a spy sent out by the defendants' 
 side to Avatch you ? — New York. Q. Sent out by the defendants' 
 side to New York to Avatcli you, and you came home Avith him, did 
 you ? — Yes ; or rather he came home Avith me." Gentlemen, it is to 
 be obserA^ed on this that nobody kncAV he A\'as coming home from 
 NeAv York ; therefore the supposition that they sent out W. H. 
 Stephens to Ncav York to act as a spy on him on the A\'ay home, 
 when nobody knew he was coming home that AA^ay, is perfectly absurd. 
 It is one of the suggestions so frequently throAA'n out in the coiurse of 
 this case about spies and detectives, and things of that sort. The 
 cross-examination goes on : "I ask pardon ; he came home AAdth you : 
 a Fenian reporter. Hoav came you to take his name ? — I cannot tell 
 you — a matter of couA^enience, I think." 
 
 Then he is asked about the locket AAdiich Mrs. Pardon said he 
 shcAved to her, containing a photograph of a AA'oman and child. The 
 Solicitor-General : "■ Noav attend to me, did you also sIioav her 
 a photograph of a Avoman and a baby, in a locket ? — I have no re- 
 membrance of doing so. Q. Will you SAA'ear you did not? — Yes, 
 I will SAvear I did not. Q. Had you got a photograph of a Avoman 
 and a child in a gold locket, or a locket that looked like gold ? — I had 
 one in a locket, but I cannot say that I had it on then. Q. You 
 cannot say that you had it on then? — No; I think not: in fact, I am 
 positive I had not. Q. Had you got it about you, if not on ? — No ; 
 I had not got it about me. Q. Was the photograph of the AA'oman 
 and child that you h.id in the locket, but had not about you, the 
 photograph of your Avife and child ? — Yes ; the photograph of my 
 wife and child. Q. And Avill you swear you did not shoAv to Mrs. 
 Pardon, the person you Avent to obtain Mary Ann Orton's address 
 from, the photograph of your Avife and child as the photograph of the 
 Avife and child of Arthur Orton? — That I Avill SAA^ear I did not." 
 Now, I do not think that, as touching the main subject of this 
 inquiry, very much importance attaches to Avhether he showed a 
 locket containing a representation of his wife and child ; but it is 
 important as affecting his credit, and so testing the value of his 
 evidence. He may have thought that more importance attached 
 to it than really does attach to it, and therefore thought proper to 
 deny it. I am at a loss to see hoAv, unless he did sIioav Mrs. Pardon 
 the locket containing the likeness of his Avife and child, Mrs. Pardon 
 should know he had such a locket, Avhich he himself admits to have
 
 ( 567 ) 
 
 been the case. Therefore I think the probability of truth is on her 
 side rather than on his. The cross-examination is resumed. He is 
 very much pressed as to Avhat passed, and he is asked, " Did you say 
 you had come from Australia, and you were commissioned by Miss 
 Orton's brother to see her, and if she wanted it, to advance her money? 
 — Yes, I believe I did say that. Q. Did she say to you, 'Well, you are 
 so like the Ortons, you must be an Orton.' — No, she did not : She told 
 me Miss Orton owed her a lot of money ; that is what she told me, 
 naming the sum ; but I forget what it was. Q. Did she say you 
 were very like the Ortons, and must be her brother ? — She did not. 
 Q. Nothing like that at all?— Nothing like that. Q. The other, 
 certainly, is not much like it : did you say, ' I am not ?' — No. 
 Q. ' I am not an Orton ; I am only a friend of her brother, and he 
 is one of the richest men in Australia ?' — No, I did not say that 
 either ; I told her I was a friend of her brother, but nothing about 
 that. Q. Nothing about his being a rich man ? — No ; nothing." 
 Again, he is pressed about her having said he must be an Orton. 
 "Did you say, 'No, I am only a friend?' — It never passed, the 
 conversation. Q. I think you told me you believe you did say you 
 were a reporter for an Australian paper, and that you were going to 
 Ireland to report on the Fenian movement ? — Yes ; I did say that. 
 The Lord Chief Justice: What was your reason for saying that? 
 — Merely, I did not wish them to have any idea who I Avas, my lord. 
 The Solicitor-General : I think you told me before ; did you 
 then show her a woman and child in a little locket and say they were 
 the portraits of Arthur Orton's wife and child ; I think you said no ? 
 — No; I had not the locket with me. Q. You told me you had 
 a locket ? — I had, but it was not on me, because I had no chain on. 
 Q. You did not show it to her? — I had no watch chain on; therefore 
 I know I had not the locket. Q. Did you then give her a letter 
 addressed ' ]\Iiss Mary Ann Orton,' saying it came from her brother 
 who Avas in Australia ? — Yes. Q. Did you ask her to deliver it to 
 Mary Ann Orton, personally, or to return it to you, addressed to the 
 post-office, Gravesend ? — Yes. Q. Under initials Avhich you would 
 send? — Yes. Q. Did you know Avhat Avas in the letter? Did 
 Arthur Orton tell you the substance of the letter ? — Yes ; I kncAv 
 Avhat was in the letter" — Why, gentlemen, of course he did, because 
 there can be no doubt he AATote the letter himself — " Was there any 
 message in it sent to Miss Loader, do you remember? — I do not 
 knoAv, I am sure, AA'hether Miss Loader's name was mentioned in 
 that letter or not ; Miss Loader's name Avas mentioned in the letter 
 he gave me for making inquiries. Q. That Ave knoAV : I Avant to 
 
 know in the letter that you -? — I do not think the name of 
 
 Miss Loader was mentioned in that letter." 
 
 To go on with the narrative: The next morning he Avrites to
 
 ( 568 ) 
 
 Mrs. Pardon, " Dear INIadam "Would you kindly inform the lady, 
 for whom. I left the letter Avitli you that if she will kindly commicate 
 with me. at once, she Avill hear something to her advantage. Please 
 send what infoi'mation she can concerning a Miss loder. And her 
 own family, and Avhat became of her brother Thomas chilldrene. 
 I Remain yours respecful W. H. Stephens, Address R. C. T. post 
 office Gravesend and they Avill be forwarded." 
 
 Gentlemen, which is here telling the truth, Mrs. Pardon or the 
 defendant? I do not know, as I said before, that in this conversation, 
 further than the admitted facts — that the defendant Avent there under 
 a feigned and assumed name and character as W. II. Stephens, 
 when in point of fact he certainly was not W. H. Stephens, and that 
 he kept up a correspondence in a feigned name and made use of 
 a forged letter in the name of Arthur Orton, when in point of fact 
 it never was written by Arthur Orton — lailess he is Arthur Orton — 
 but by himself — there is much in the conversation with Mrs. Pardon 
 which adds to the significance of the facts ; but we are accumulating 
 on this subject, by degrees, a fearfiil number of persons with whom 
 the defendant is in conflict as to matters Avhich on one side or the 
 other cannot be dealt with in any other way than as intentional false- 
 hoods. Mrs. Pardon tells us all this conversation passed. If she 
 is inventing it, as is suggested on the part of the defendant, it neces- 
 sarily follows that INIrs. Pardon must be perjured. If what she has 
 told us is true, the same thing holds good of the defendant. 
 
 Now the defendant admits that the lady referred to in that last 
 letter was Mary Ann Orton, in other words Mrs. Tredgett, and he 
 said at first that he received no answer from ]\Irs. Tredgett, but 
 afterwards he appears to have admitted receiving one. On the 
 7th of January he writes to one or other of the Orton sisters. There 
 is no envelope, and it does not appear clearly which of them it was. 
 It was in these terms, v, hich necessarily imply that he had received 
 a letter from one or other of them, and that the one by whom that 
 letter Avas Avritten had come to the conclusion that the writer Avas no 
 other than her brother, Arthur Orton. He AA^ites from GraA^esend 
 on the 7th of January, 1867 : — " Dear Madam I reccA-ed your kind 
 letter this morning. And very sorry to think you should be so much 
 mistaken to think i am your brother. Your brother is a A'ery great 
 friend of mine, and one Avhom i regard as a brother and i have 
 likewise promised, to send him all the information I can about his 
 family. I cannot call on you at present, but Avill do so before long. 
 I sent your sister a likeness of your brother wife and child, this 
 morning. I should have sent you one. But i have only one left, 
 which i require for Copying. I have likeAvise one of him self." — 
 that is Arthur Orton — " Avhich i intend to get some copy of. I Avill 
 then send you. some of each. My future address Avill be. R. C. T.
 
 ( 569 ) 
 
 Post-office. liA-erpool Liverpool. Hoping to have the pleasure of 
 making the acquaintance of my friends sisters before long I remain 
 your respectfully W. H. Stephens." The defendant is asked, " Who 
 was that addressed to ? — I cannot tell ; I suppose the envelope is 
 here? Q. Do you mean to say you do not know Avho that is 
 addressed to ? — No, I do not ; one of the Jurys. Q. One of the 
 Jurys? — Whichever one wrote to me. Q. Cannot you recollect 
 which of the Jurys that letter was addressed to? — No, I do not. 
 Q. Are both of them Arthur Orton's sisters ? — Yes, both of them. 
 Q. Is that Avritten in your natural hand? — No, I think not. Q. You 
 think not? — It is not. Q. Written in a feigned hand, and signed 
 AV. H. Stephens? — Yes." Then he is asked what has become of the 
 letter. He says he has not got it. " What has become of it ? — 
 I do not know, I am sure. Q. Did yoii give that to Mr. Holmes 
 too? — I think not. Q. What has become of it? — I think I de- 
 stroyed it at the time. Q. How came that ? did she address you as 
 W. H. Stephens ? — No, I think not. Q. ' Dear Madam I received 
 your kind letter,' — 'yours respectfidly W. H. Stephens:' Had this 
 letter been addreseed to you, W. H. Stephens? — It might have been. 
 Q. Might have been ; was it ? — I cannot say whether it was or not. 
 Q. You cannot teU ? — No. Q. Whether the letter in answer to the 
 one in the name of Stephens in a feigned hand was addressed to you 
 as Stephens? — No, I really cannot tell ; I suppose it Avas. Q. You 
 suppose it was addressed to you as Stephens ? — Yes. Q. Where ? — 
 Where is that letter dated from? — The letter is dated Gravesend. 
 It would be at Gravesend, I suppose. Q. What was the ' kind 
 letter' you received ? You say you have lost or destroyed it ? — I am 
 sure I have no recollection of the contents of it. Q. Surely — had 
 you written to her ? — I think not ; no. Q. How came she to write 
 to you? — I mentioned a letter pre^-ious ; I think she wrote to me, if 
 I mistake not, from seeing an accoimt of my arrival in the papers." 
 The drift of that cross-examination is to make the defendant admit 
 that Mrs. Tredgett or Mrs. Jury had conceived the idea he was 
 their brother fi-om the similarity of hand^vriting. I do not know 
 that it is of very great importance, because after all it would only 
 be an opinion on their part, and would not amount to anything like 
 certainty. Then there is a long cross-examination as to the contents 
 of the letter, and whether she had not said in it that she recognized 
 the handwriting. He denies it, and says her notion was derived 
 from the Richardson letter and fi-om what she had seen in the public 
 papers. Then there is a great deal of cross-examination as to which 
 of the sisters it was with whom he communicated, but I really do not 
 think it is very important. Then he is asked this, which is, perhaps, 
 more pertinent to the inquiry : " What do you mean by saying you 
 * sent to her sister a likeness of your brother, wife, and child, this
 
 ( 570 ) 
 
 morning T — It was not true ; I liacl not at that time. The Lord 
 Chief Justice: You wrote in that letter what was not true? — 
 I intended to do so" — that is, to send the likeness — " and I did not 
 do so. The Solicitor-General : Was it a likeness of your own 
 wife and child? — I tell you I did not send it at that time. Q. Did 
 you afterwards ? — I did afterwards. Q. One of your OAvn wife and 
 chUd?— Yes. Q. As Arthur Orton's wife and child ?— Yes." Of 
 course it is a very strange circumstance that he shoidd have sent as 
 the likeness of Arthur Orton's wife and child a likeness of his own 
 wife and child, and he is asked if he can give any explanation of so 
 strange a proceeding. The only answer he gives is " It was an 
 indiscreet thing for which I am suffering." 
 
 Then he is cross-examined as to the statement that he had a photo- 
 graph of Arthur Orton himself, and he admits he had no photograph 
 of Arthur Orton ; he had one of himself, but not of Arthur Orton. 
 " Upon your oath had you not at the time a photograph of yourself 
 and none of Arthm- Orton ? — I had none of Arthur Orton, I said so 
 before. Q. Then the only photograph that you had which you could 
 have alluded to, if you alluded to any, was a photograph of yourself? 
 — I had a photograph of myself. Q. Was that the only one to 
 which you could truly refer in that letter? — I do not say that. 
 Q. What other had you ? — I had no right to refer to any. Q. What 
 other had you to which you could truly refer ? — I tell you I told an 
 im truth in saying so. Q. What was the object of the untruth ? — 
 I am sure I cannot say what object there was in it. Q. What ? — 
 I cannot say what object there w^as in it. Q. Could you not tell me 
 why you wrote to Arthur Orton's sisters, sending the likeness of 
 your own wife and child as Arthur Orton's wafe and child, promising 
 to send a photograph of Arthur Orton when you had got some copies 
 of it: cannot you tell for what earthly purpose you sent that to 
 Arthur Orton's sister, yourself waiting under the name of Stephens ? 
 — No, I cannot ; I dare say I had some object in doing so." " In 
 that," says the Solicitor-General, " I perfectly agree with you : 
 cannot you tell me Avhat it was ? — Xo ; I cannot. Q. Have you 
 forgotten ? — I do not recollect. Q. That you mean to swear to the 
 jury ? — That I mean to swear. Q. That you do not know why you 
 wrote this letter? — I do not know why I wrote that letter. Q. Yes? 
 — I wrote in answer to one. Q. Why you wrote that letter contain- 
 ing those statements ? — I am sure I cannot say what I Avi'ote for. 
 Q. What you wrote it for? — What I wrote these statements for. 
 The Lord Chief Justice : Or why you assumed the name of 
 Stephens? — Well it appears so fi-om that letter." Further on he 
 assigns a motive, and he says this: " Having said I had the likeness 
 of his wife and child, they bothered my very life out until I had sent 
 one of my own." The Lord Chief Justice : Repeat that. " Having
 
 ( 571 ) 
 
 said that •wliicli was untrue — having told them as in the letter, which 
 was untrue, they constantly bothered me, I did not know what to do, 
 and I sent one of my own, thinking it would quiet them, to retaliate 
 on them in the Avay I had done." 
 
 One of the most cm'ious incidents in this story is the sending a 
 photograph likeness of his own Avife and child as the wife and child 
 of Arthur Orton. Not that I really think, hoAvever curious it may 
 be, that it is a point of any very great importance. The only object 
 of his sending a photographic likeness at all Avhich occiu-s to me is, 
 that he was anxious by giving that likeness of Orton's Avife and 
 child to sever as much as possible his own identity from that of 
 Arthur Orton, and to lead these people to suppose that he Avas a 
 distinct person from Arthur Orton, by making them believe that 
 Arthur Orton had a wife and child of Avhom this Avas a likeness ; and 
 the reason he took his oaa^ Avife and child's photograph instead of 
 anybody else's, Avas that it Avas the first that came to hand. He 
 wanted to convince them that Arthur Orton had a distinct identity 
 from himself, by making them suppose that AA'hile Arthur Orton was 
 remaining in Australia, he, the defendant, had come home to this 
 country and had brought Avith him a likeness of Arthur Orton's Avife 
 and child. Wanting a likeness to represent Arthur Orton's Avife and 
 child, he took that of his OAvn AAafe and child instead of anybody 
 else's. That is the solution Avhich it occurs to me to put upon it. I 
 do not think otherwise that the circumstance of its being his OAvn 
 wife and child makes the fact a bit stronger than if it had been the 
 likeness of the wife and child of anybody else. 
 
 Then he is cross-examined as to why he desired further communi- 
 cations to be addressed to Liverpool. At first his explanation is that 
 he had an idea of going to Ireland, and on his way to Ireland Avould 
 have to pass through Liverpool, and therefore desired further com- 
 mimications to be addressed to the post office there. After a bit he 
 gives that up, and gives what probably was the true reason : " Can- 
 not you tell me, uoaa^ really ? Cannot you tell the jury or give some 
 suggestion why upon earth, AA^iting from Gravesend to Wapping 
 about the Orton family, you said your future address Avould be 
 Liverpool ? — Probably I did it, because I did not Avant to be 
 bothered any further Avith them : I cannot say, I am sure, aa hat it 
 was. Q. Because you did not want to be bothered any further with 
 them, and therefore you told them to send to Liverpool ? — I should 
 think so ; I had no intention of going to Liverpool myself." He 
 had got all that he Avanted in the Avay of information, at least as 
 much as he Avas likely to get, about the Orton family. That being 
 so, he desired to discard these correspondents, and get rid of them. 
 Then he is asked as to his knoAvledge of the statements contained in 
 that letter, and he is brought to this admission. " Is there a single
 
 ( 572 ) 
 
 word of truth from beginning to end, including the signature, or is it 
 false from beginning to end ?— I think it is all false fr-om beginning - 
 to end." The Solicitor-General is not satisfied with that, though 
 the defendant had just said it was all false, but he goes on — " Just 
 point out what is true from the commencement to the end and sig- 
 nature." Then he qualifies the previous admission. " There is 
 that part true : her brother was a great fi-iend of mine, and I pro- 
 mised to send Avhat information I coidd out to him. Q. Is there 
 any other part that is true ? — No, mj Lord, that is about all. Q. Is 
 that one of the letters to which Mr. Scott referred as to its having 
 been stated at the meeting to be a forgery ? — That is one of the 
 letters. The Solicitor-General : You said it was a forgery ? — 
 I did. Q. And that was a lie ? — That was a lie." So much for that 
 correspondence. 
 
 Now the question which naturally presents itself is this. For 
 what purpose all this machinery ? all this elaborate system of artifice 
 and fraud? assumption of a feigned name, writing a forged letter, 
 conducting correspondence in a fictitious name — why shoidd all this 
 have been employed? Above all, why should Roger Tichborne 
 have done all this ? Why should he have assumed the false name of 
 Stephens? Why should he have written a forged letter in the name 
 of Arthur Orton ? Why should he have used such a letter as an 
 introduction to the Ortons ? The only way in which one can sup- 
 pose that that coidd be used by the writer is that it was intended as 
 a means of putting himself into communication with the Orton 
 sisters, and obtaining information about the family with the least 
 danger of being recognized. Possibly with the hope, if the claim is 
 a dishonest one, of obtaining their assistance. But again the ques- 
 tion comes home to one, why should Roger Tichborne have recourse 
 to these means for the purpose of obtaining information about the 
 Ortons, and at the same time of avoiding recognition ? What was 
 there to make Roger Tichborne hesitate about appearing to be Roger 
 Tichborne, and being recognized as such, if he had such motives as 
 the defendant represented, namely, a desire to obtain information 
 about the Ortons to send to his fi'iend in Australia, or the benevolent 
 design of assisting the friend's relations ? In such case why not have 
 gone as Roger Tichborne ? Where is the purpose of all this con- 
 cealment ? I seek in vain to discover any purpose Roger Tichborne 
 can have had in his mind in thus concealing wdio he was when 
 going down to Wapping. 
 
 But in addition to those reasons, which he at first gave, the de- 
 fendant afterwards gives another. At a further part of the cross- 
 examination he is asked, " What did you go to Wapping for ? " 
 And he answers " to ascertain whether Orton had arrived ; to ascer- 
 tain whether Arthur Orton had arrived in this country." Of course
 
 ( 573 ) 
 
 tliat is inconsistent with the statement he had previously put forward 
 and the explanation he had given, that he wanted to give assistance 
 to the family of Arthur Orton if they required assistance. Still 
 more inconsistent is it with the statement that he wanted to obtain 
 information about them to send out to Arthur Orton in Australia. 
 
 Again, is this a thing you can suppose to be really true ? Could 
 Roger Tichborne, if the defendant is Roger Tichborne, suppose that 
 Arthur Orton would have arrived in this country at the same time 
 as himself? The defendant tells us that after he had seen Orton at 
 Wagga-Wagga, Avhen the will was executed, Orton went back to 
 Albury ; and in one of the letters to Rous he says, " they want to 
 make me out as Arthur Orton. But the man who they suppose me 
 to be is living at Wagga-Wagga at this moment under an assumed 
 name ;" and he tells us that when he wanted Arthur Orton to pro- 
 duce him in this country as a witness, in order to establish the fact 
 that he and Arthur Orton were not one and the same, he sent to 
 him at AVagga-Wagga, writing to him through one Robins — a 
 wheelwright, a common friend of the two— and not dreaming of 
 Arthur Orton being in this country, or thinking of making any 
 inquiry for him here. Nor does it appear that any inquiry was 
 made by him about Arthur Orton at the time. He says it was. 
 But Mrs. Fairhead and Mrs. Jackson do not say he said a word 
 about Arthur Orton; on the contrary, they took him to be the 
 Arthur Orton who had gone away so many years before. Where- 
 upon he denied being Arthur Orton, but says nothing about Arthur 
 Orton's coming to England, and in his letter to Mrs. Jury he speaks 
 of him as then in Australia, and of wanting to send out information 
 to him. Therefore I cannot help thinking that the statement that 
 he went down to ascertain whether Arthur Orton had arrived cannot 
 be accepted as true. On the other hand, when he says he wanted 
 to obtain information about Arthur Orton, I do not understand him 
 to say he sent any information which he may have acquired from 
 the sisters to Arthur Orton at all. Having said he wanted to find 
 out these people with a view of affording them assistance if it should 
 turn out that they wanted it, we find he gave them no assistance, at 
 all events, for a considerable time. He says he sent them on a false 
 scent to Liverpool, because he did not want to be bothered with 
 them any more. As soon as he had got Avhat he w^anted he drops 
 the acquaintance and casts them off, and it is not until many months 
 afterwards, until the Arthur Orton theory had been broached, and 
 it was said he was Arthur Orton, that he took them up again, and 
 did afford them pecuniary assistance. Again I am led to ask what 
 motive could Roger Tichborne have had for this course, and still more 
 for such concealment as the defendant appears to have resorted to ? 
 
 Gentlemen, his counsel starts two or three theories bv wav of ex-
 
 ( 574 ) 
 
 planatiou : they are not the explanations of the claimant, but are the 
 counsel's own theories. He says Arthur Orton and the defendant 
 were associated together as companions in the forests of Australia, 
 and that probably they were mixed up together in some transaction 
 which would not bear the light. He says Arthur Orton was a bush- 
 ranger in Australia, at all events for a part of his life ; that the de- 
 fendant was his companion, and he may have been a party to, or at all 
 events privy to, some deed of violence which would put them both in 
 danger of the law. Now, says the learned counsel, when Arthur 
 Orton knew the defendant was coming to England, and was coming 
 to make this claim to a title and estates, Arthur Orton may have said 
 to him, " Now my friend, mark ! you are going to put forward a great 
 claim, you may succeed ; but do not forget that you and I have been 
 participators in certain things which it woidd be by no means con- 
 venient for you to have disclosed on the other side of the water. You 
 must go and look up my relations and provide for them; if you do 
 not, you may have me over in England, and may find me a very 
 troublesome customer." Oi% says the learned counsel, " the defendant 
 may have been mixed up in some affray, and Arthur Orton, for aught 
 we know, may have saved his life ; so that he may have conceived a 
 strong sense of gratitude and felt himself under obligations to Arthur 
 Orton which he was bound in some way to discharge. Feeling him- 
 self under such obligation to Arthur Orton, and, impelled by a sense 
 of gratitude, the moment he got to England he may have gone to look 
 after Arthur Orton's relations." You have thus the choice between 
 the alternatives which the learned counsel places before you. It is 
 strange these things should not have occurred to his client ; it is strange 
 that when the learned counsel is putting forward these remarkably in- 
 consistent theories he should not have asked his client which of them 
 was in reality the true one ? There was the client sitting under 
 him, probably hearing with as much surprise as any of us his learned 
 counsel elaborating these high-wrought and fanciful theories. It strikes 
 me the learned counsel Avould have done better if he had said to his 
 client. Tell me what the real fact is : how Avas it that you, not being 
 Arthur Orton— if you had been Arthur Orton the thing would have 
 been the simplest thing in the world — came to go to Wapping ? Tell 
 me what the fact was, and then I shall be able to put it to the jury, and 
 if it be the truth, then probably it Avill be found to be congruent Avith 
 the other facts and circumstances of the case. That was the com-se 
 you would have expected the learned counsel for the defendant to have 
 taken. But the learned counsel has laid down a totally different 
 principle of action. He says, I am not my client's confessor, there- 
 fore I do not wish to ask impertinent questions which it may be in- 
 convenient to him to answer. Put in plain words and divested of the 
 ornamentation of the learned counsel's rhetoric, such is the principle
 
 ( 575 ) 
 
 of action upon which he represents himself to have proceeded in the 
 conduct of this case. It is a new one altogether. I should have 
 thought that a man desirous of putting his client's case upon the 
 surest foundation would, as the very first thing, have asked his client 
 to tell him the truth with regard to any doubts or difficulties which 
 presented themselves in the case. Not so the learned counsel, he 
 prefers to spin his own theories ; and certainly it is a very convenient 
 mode, because there is then nothing to interfere with what one may 
 call one's conscience. It is awkward to put before a jury for accep- 
 tance a proposition which you know to be untrue. It does not quite 
 harmonise with the feelings of a man of hoTiour and a man of truth 
 to propound theories which he knows in his own heart and conscience 
 a jury ought not to be asked to adopt. It is more convenient to have 
 your hands untied and your conscience unfettered. It gives the 
 freest scope to the imagination and fancy not to ask the client what 
 is the fact, and so to be fettered and bound by what is the truth. 
 Therefore we must take the learned covmsel's theories and deal with 
 them as best we may. The answer to both the theories so propounded, 
 as it strikes me, is this, that if he had been under the fear that Arthur 
 Orton could have ripped up some transaction and have attacked him 
 with it, he would not have done what he did : he would not have 
 stopped with finding out the Ortons, but would have gone on to do 
 what his apprehensions would have impelled him to do — namely, to 
 assist this family ; instead of Avhich he drops them. Equally so, if it 
 had been from an overwhelming sense of gratitude for services ren- 
 dered or kindnesses shown that he had been induced to go and look 
 after them, he would not have left them without assistance and have 
 done his best, as he said he did, to shake them off and get rid of them. 
 All reasonable explanation thus failing, I cannot help coming back to 
 the question with Avhich I started, what could be the motive of Roger 
 Tichborne for all this machination of fraud, for all this secrecy and 
 concealment ? I am at a loss to see any. But assuming him to have 
 had some motive in going to the Orton family, looking after them, and 
 sending to them, but that, at the same time, he had been mixed up in 
 some nefarious transaction Avitli Arthur Orton, so that he did not wish 
 to broach the name of Arthur Orton or acknowledge any acquaintance 
 with him, yet when the Arthur Orton case was put upon him, and it 
 was asserted that he was Arthur Orton, I should have thought he 
 would have said to his friends and advisers, and if he did not say it to 
 them they would have said it to him the moment the suggestion was 
 made that he was Arthur Orton — that there was only one thing to 
 be done, namely, to go to the members of the Arthur Orton family, 
 challenge them to say whether or not he was Arthur Orton, as the 
 shortest way of settling that case and putting an end to it. That 
 course was not adopted; on the contrary, the defendant not only
 
 ( 576 ) 
 
 avoids seeing the Orton family until a much later period when things 
 had got much further advanced, but he actually denies to his own 
 intimate friends and abettors — I do not use that in an invidious 
 sense, his friends and supporters is a better phrase — that he had ever 
 been at Wapping at all. 
 
 The statement that he was Arthur Orton was made in the course 
 of the year 1867, and it came to his knowledge in the month of 
 October, and he thus writes to Rous in a letter dateij " 2 Wellesley 
 Villas, October 20th /67. We find the other side very busy. With 
 another pair of sisters for me. One of them been to see Mr. Holmes, 
 they had been three days at them, and they are quite sure of success. 
 Only there is this differents which I cannot make out. The brother 
 of these young Womans is dark and very much marked with the 
 small pox very much about the face. But they are still very sure I 
 am him. I wonder who I am to be next. The man they think I am 
 is still living at Wagga-Wagga imder an assumed name. This ac- 
 counts for the Independents of George GreenAvood. They say I Avas 
 born in Waping" — written with one "p" — "I am glad they have 
 found a Respectable part of London for me. I never remember 
 having been there, but Mr. Holmes tell me it is a very respectable 
 part of London." 
 
 Upon this he is asked, in cross-examination, " Why did you tell 
 Mr. Rous that you had never been at Wajjping ? — I did not choose 
 that he should know. Q. Why did you tell him you had never been 
 there ? — Why should I not ? Q. Because it Avas a gratuitous lie, if you 
 ask me : Why should you have said you had never been there ? You 
 might have held your tongue : Why did you tell him that : You had 
 been there you knoAv ? — Yes, I had been there. Q. You had been 
 there and had not forgotten it, I suppose ? — No, I had not for- 
 gotten it : I probably had at the moment I wrote. Q. You probably 
 had at the moment you Avrote ? — At the time I Avrote that letter. 
 Q. Although you Avere Avriting about Arthur Orton and ' they had 
 said you Avere born in Wapping, you never remembered having been 
 there, but Mr. Holmes told you it Avas a respectable part of London,' 
 You had forgotten you had been there on Christmas day ? — Hoav 
 could I tell what sort of a place it Avas at that time ? Q. Had you 
 forgotten you had been there in 1866 ? — Probably I had Avhen 
 I wrote that letter. Q. Though you Avere AATiting about Orton ? — Yes. 
 Q. "\Yliat did you go to Wapping for ? — I Avent there to ascertain 
 Avhether Orton had arrived. Q. You Avent to Wapping to ascertain 
 Avhether Orton had arriA^ed, you Avere Avriting a letter. — That letter 
 was nothing at all to do Avith it. Q. Wait a moment : You Avent to 
 Wapping to ascertain AA'hether Orton had arrived before you AATote 
 to Mr. Rous to say they had said you were Orton ? — That is a long 
 Avhile after. Q. And that you had been born in Wapping : You
 
 ( 577 ) 
 
 had forgotten ■\vliethcr }'ou had ever been there, is that what you say ? 
 — That is a very nice way for you to put it together ; that is the 
 way you put it. Q. Excuse me, it is not anything of the kind. It 
 is not the way I put it together : Had you forgotten ? — Probably 
 I had. Q. Probably you had ? — Yes. Q. Probably you had for- 
 gotten that though you went to Wapping to see if Orton had arrived 
 there, and were writing about Orton, and were saying that they said 
 you were Orton, and were born in Wapping, you had forgotten 
 Avhether you had ever been to Wapping ? — I cannot say I had for- 
 gotten it, perhaps I did not choose to mention it. Q. You just said 
 you had forgotten it. — I said ' probably.' Q. Is it true that you had 
 probably forgotten it?— I cannot say I remembered it at the present 
 moment. Q. Perhaps you did not choose to mention it ? — I think 
 that would be more likely. Q. Which is true, that you did not 
 choose to mention it, or you had forgotten it ? — I could not say, 
 I am sure, which was true. Q. Why did you say you had never 
 been ? — I do not know, I am sure, why I ever said that. Q. Who 
 was asking you any questions about Wapping ? Why should you 
 tell jNIr. Rous you had not been there ? — I cannot tell you, I am sure." 
 Further on, he is again asked why he did not mention having been 
 to Wapping. His answer is, " I do not see why I should mention 
 it. Q. Did you carefully not mention it ? — I did not care about 
 mentioning it. Q. Did you take care not to mention it ? — Probably 
 I did. Q. AYhy ? why ? why ? — Because I had my reason for going 
 there, but I should not care about telling. Q. What was your 
 reason ? — My reason Avas to ascertain w^hether he had got there 
 before me." Then comes this question: "Did he happen to airive 
 at one and the same instant of time ? — Certainly not. Mr. Serjeant 
 Ballantine : You had better put ' place ' also ; it is possible as to 
 ' time.' The Solicitor-General : You cannot tell me why you 
 said not a word about that to Lady Tichborne, or any one? — I can 
 tell you this : I did not care about it being known." Then he is 
 asked as to where he made the inquiry Avhere Arthur Orton was, and 
 he says at the public-house, on which point he is contradicted by the 
 evidence of the witnesses, Mrs. Fairhead and Mrs. Jackson, who say 
 they charged him with being Arthur Orton, and that he said nothing 
 about having come to inquire whether Arthur Orton had arrived, but 
 simply denied that he was the individual in question. 
 
 Gentlemen, the conduct of the defendant, in going down to 
 Wapping the fii-st night of his arrival in this country, instead of 
 Avaiting until the next day, if he wanted to go and make inquiries 
 about this family, as a man naturally Avould have done, unless there 
 had been some very pressing and urgent cause to take him there, 
 is certainly a matter of very great importance, as tending to throw 
 light on the question as to whether the man who conducted himself 
 
 r p
 
 ( 578 ) 
 
 in this astounding way without any sufficient motive can have been 
 Roger Tichborne. The learned counsel has made a great point 
 about it with reference to the Arthur Orton part of the case. He 
 says you cannot suppose that if the defendant were Arthur Orton, he 
 would have gone to a place where he was likely to be known, and 
 would thus have exposed himself to the chance or the risk of being told 
 immediately, " Why you are Arthur Orton," which, as it turned out, 
 really Avas what was addressed to the defendant by the two women 
 at the " Globe," as well as by Mrs. Pardon, when she saw him 
 the next morning. That is a matter to be dealt with when Ave 
 come to the Arthur Orton part of the case, but what I am now 
 putting before you is the question of Avhether you think the conduct 
 of the defendant upon that occasion reconcilable with Avhat you 
 would have expected, and which alone could have been expected, 
 from Roger Tichborne. That is the part of the case with which we 
 are now dealing, and Avith reference to that part of the case I think 
 there can be no doubt, that the course taken by the defendant on the 
 occasion of his first landing is very material indeed to the result of 
 this inquiry. 
 
 On the 26th of December, the same day that the defendant Avent 
 to Mrs. Pardon and left the letter for Mrs. Tredgett, he took his 
 family down from Ford's Hotel to the Clarendon Hotel at GraA^esend, 
 leaving Bogle and young Butts at Ford's. 
 
 This again seems a somewhat strange proceeding. Here is a man 
 AA'ho comes to England to put forAvard his claim to the title and 
 estates of Tichborne. You would have expected that the first thing 
 he would do Avould be to communicate Avith his family and fr'iends in 
 this country, Avith his mother if she Avas here, and if not, Avith his 
 relations and friends, Avith Avliom he had been intimate during his 
 stay in this country : instead of Avhich the defendant goes doAvn to 
 Gravesend, and there remains in a species of concealment for tAvo or 
 three days. He is asked, naturally enough, Avhy he did this, and he 
 says that his purpose Avas " to keep out of the Avay." He is asked 
 " To keep out of whose Avay ?" He answers : " There AA^ere a great 
 many inquiries directly I arrived at Ford's Hotel, and I promised 
 my mother faithfully to see no one until I saw her ; so the next day 
 I took my Avife and child, and Avent and stayed at the Clarendon 
 Hotel. Q. You promised your mother faithfully to see no one until 
 you had seen her ; and as there Avere inquiries at Ford's Hotel, you 
 Avent doAvn to Gravesend to keep out of the way ? — Yes. Q. Then 
 Avas it in pursuance of that faithful promise that you Avent doAvn to 
 Alresford ? — I should not say ' promise ;' it Avas more a Avish of 
 hers." 
 
 The first thing that strikes one here is this. He arriA^ed on the 
 evening of the 25th, and he goes on the A^ery next day to Gravesend.
 
 ( 579 ) 
 
 What time "vvas tliere for the announcement of his arrival in this 
 country and inquiries at Ford's between the evening of the 25th and 
 the afternoon of the 2Gth? Because nobody knew, except Lady 
 Tichborne, by what route he was coming home. She was in Paris, 
 and the original plan had been, as he tells us, that he should sail by 
 a French steamer from Panama, and go direct to his mother at Paris, 
 so that no one was prepared for his immediate arrival in this country. 
 I am, therefore, at a loss to see what time there could have been for 
 inquiries so numerous as to make his residence at Ford's unpleasant 
 and likely to be inconsistent with the promise he made to his mother. 
 Such, however, is his statement. 
 
 Having arrived at the Clarendon, at Gravesend, and established 
 his Avife and child and maid servant there, he goes down, on the 
 afternoon of Saturday, the 28th, to Alresford, and takes up his 
 quarters at the ' Swan Inn,' kept by Mr. Rous, Avho formerly had 
 been the managing clerk of Messrs. Dunn and Hopkins, the soli- 
 citors at Alresford, Avho had been the solicitors to the Tichborne 
 family. 
 
 NoAv Rous, as having been clerk to Messrs. Dunn and Hopkins, 
 had perfect knoAA'ledge of all the settlements and deeds Avhich had 
 been prepared by that firm relating to the Tichborne and Doughty 
 property, and he therefore, of course, Avould become, if the defendant 
 could make a fi-iend of him, a valuable ally even to Roger Tich- 
 borne himself, because he Avould be able to instruct Roger Tichborne 
 as to many things that had taken place since Roger Tichborne's 
 absence, and he might revive Roger Tichborne's recollection as to 
 things Avhicli Roger Tichborne might have forgotten. Still more 
 valuable Avould the alliance of Mr. Rous be to anybody who had never 
 had the knowledge of the things that Roger Tichborne ought to have 
 known, and might be expected to knoAv. The defendant establishes 
 himself at the ' SAvan ' u.nder a feigned name, that of Taylor, Avhich 
 name he says he took OAving to the initial on his carpet bag 
 being a T for Tichborne, and not being desirous of stating his OAvn 
 name, and not Avanting them to knoAv Avho he Avas, he took a name, 
 the initial of Avliich corresponded. Then he tells us that on the next 
 day after his an-ival he Avent out for a Avalk, and Avent toAvards Tich- 
 borne to see the people avIio Avere coming out of Tichborne Chui:ch. 
 On that occasion he met Etheridge, the old Ijlacksmith, Avho had 
 lived all his life at Tichborne. Nothing can be more conflictino- 
 than the statements of Etheridge and the defendant. Etheridge says 
 that as he AAas going on the Sunday afternoon into Alresford to get 
 shaved, he met a stout man Avhom he did not knoAv, and aaIio stopped 
 him and asked him the Avay to Tichborne, upon Avhich he said, 
 " Ton's the church." Tichborne Church stands on an eminence 
 and can be seen from a distance ; you have nothing to do but to 
 
 P P 2
 
 ( 580 ) 
 
 follow the road and it brings you up to the church. Says the 
 stranger, " Would you like to have a glass of beer ? — Yes, if I had 
 the money to pay for it." So the defendant gives him sixpence to 
 get beer. The man goes on to Alresford, has his beard shaved and 
 gets his beer, and as he is coming back again to Tichborne, he falls 
 in Avith the same stranger again, who stops to speak, and says, 
 *' They say Roger Tichborne has come back. — Oh no he is not," 
 says Etheridge, " he is drowned." Says the other, " Is there not a 
 great deal of talk about Sir Roger Tichborne coming back and being 
 known in the place ? — No, he will not come back, for he is drowned." 
 Then, after a Avord or two, the stranger looks at him and says, " Do 
 you think I am he ?" Says Etheridge, " No, I'm damned if you are. 
 If you are, you have turned from a race horse to a cart horse," and 
 so, says Etheridge, ended our conversation. 
 
 Now, if that evidence is true it implies a good deal, because to sup- 
 pose that Roger Tichborne required to be told the Avay from Alresford 
 to Tichborne would be perfectly absurd. He could have found it 
 in the dark ; he must have known it as well as he knew the way 
 from one room to another in Tichborne House. Not to know Tich- 
 borne church, which stands on an eminence, and Avhich you can see 
 a long distance off, would be on the part of Roger Tichborne an im- 
 possibility. It is, however, always possible that the defendant, being 
 desirous of drawing the old man out, might, in order to begin the 
 discourse, have said, although he kncAv the w^ay perfectly well, " I 
 say, my friend, which is the way to Tichborne." Unless you solve it 
 in that way, it is plain Roger Tichborne never could have asked the 
 way from Alresford to Tichborne, a distance of two or three miles, 
 every inch of which road he must have known perfectly well. 
 
 But the defendant gives a totally different account. He denies the 
 statement of the old man. He says that he went to Tichborne, and 
 on his way between Tichborne and Alresford, met Etheridge. He 
 is asked : " Etheridge is a blacksmith, I believe ; had you some 
 talk with him? — I had. Q. Did you say to him, ' Is there much 
 talk about Sir Roger Tichborne coming back?' — No, I never men- 
 tioned my own name at all. Q. Did you say, ' Should you think I 
 was Sir Roger Tichborne?' — I did not. Q. Did the blacksmith say, 
 with an unbecoming violence of asseveration, ' No, I am damned if 
 you are?' — He did not; we had no conversation on that occasion at 
 all. Q. He did not say that? — No, we merely passed the time of 
 day ; I asked him where he was going, and he said he was going 
 into the village to get shaved, and I think I gave him sixpence to get 
 a drop of beer with. Q. He did not say that? — I saw him again 
 in the evening ; perhaps that is what you are alluding to. Q. Did 
 you have some talk with him, and did you give him some drink in 
 the evening ? — Yes, I gave him sixpence to get some beer with in
 
 ( 581 ) 
 
 the morning. Q. I am suggesting to you all this happened latisli 
 in the day, after yon had your drive " — That was a mistake, he did 
 not have the drive till the INIonday or Tuesday — " It was not the 
 same day ; Ave may agree as to its being late in the day. Q. I 
 suggest to you it Avas late in the day ? — I have no objection to putting 
 you right: I am not going to deny anything that did happen. I 
 met Etheridge, and I had a few words with him ; I did not make 
 myself known to him ; I asked him the time, and where he Avas going 
 to ; I gaA^e him sixpence to get some beer Avith. I again met him 
 in the toAvn of Alresford, at nine o'clock the same night, and then I 
 did have a little conversation Avith him ; that lasted for ten minutes, 
 I think, or more. Q. Had you a good deal of talk Avith him about the 
 Tichbornes, and the neighbourhood ? — Yes, I had. Q. What I am 
 putting to you is, Avhcther at the end of the conversation, there Avas 
 a good deal of talk about the Tichbornes, and AA'hether there Avas 
 much talk about Sir Roger coming home ? — Certainly not, becaiise 
 he told me I had been dead, he did not knoAV hoAv long, and Bogle 
 too. Q. Pie told you that ? — Yes. Q. You say he said you Avere 
 dead, and Bogle, too : Had you much talk Avith him about Bogle ? 
 Did you encourage him to talk to see AAdiat they thought about Sir 
 Roger there ? — Very probably I did ; I do not remember the conver- 
 sation. Q. Very probably you led him to talk ? — I should think the 
 probability Avas I Avould do so." Then he says that " Etheridge told 
 him some rigmarole of the Tichbornes who Avere the Avarriors of old 
 times." " He told me the Tichbornes of the present day were not the 
 Tichbornes at all ; they Avere not the sort of Tichbornes that used to 
 be — the Tichbornes Avhen his grandfather Avas alive — they Avere not 
 the wan'iors. Q. The Avarriors? — He told me some rigmarole of that 
 kind ; he Avent into some explanation. I listened very quietly to all 
 he had to say, and I merely asked him a question that made him 
 jimip, and he bid me good night. Q. Was that when he said he Avas 
 damned if you were ? — No. Q. What Avas the question that made 
 him jump? — I asked him Avhether he remembered Roger Tichborne 
 hitting his cat in the barn, and whether he remembered running 
 after him AAath a flail. Q. Then he jumped ? — Yes, and he left me. 
 Q. He Avas surprised at the extent of your information ? — It Avas not 
 that ; he evidently thought he Avas talking to somebody Avho kncAV 
 more than he thought they did. Q. That did happen? — It did. 
 Q. What Avas it? — A favourite cat he had in the biarn. Q. What 
 happened about it ? — I gave it a cut Avith a Avhip as I Avas coming 
 by. Q. What about the flail ? — He ran after me Avith a flail. Q. Did 
 he catch you ? — Not exactly. Q. That you reminded him of and 
 made him jump ? — I did not make him jump : You do catch hold 
 of a word if I happen to make use of it. Q. Well, made him start? 
 — Yes. Q. How long ago had that happened about the cat, and
 
 ( 582 ) 
 
 the flail, and tlie wliip? — I cannot say, I am sure, the year it Avas in. 
 Q. A great many years ago, when you v/ere a youngster? — Yes. 
 Q. Were you ])y yourself when that happened ? — Was I by myself? 
 Q. Yes. When you gave it a cut with your whip ? — Yes ; I was by 
 myself. Q. No doubt you can tell me when it was? — I cannot tell 
 you Avhen it was. Q. Have you ever talked about it since? — Have 
 I ever talked about it since ? No ; I do not think I have. Q. I 
 mean since that time ; since the time you hit the cat Avitli the whip, 
 and he pursued you, and the time you reminded him of it and made 
 him start ? — I do not think I have. Q. And it came back to your 
 memory just as it was the day before ? — The sight of the man brought 
 it back to my memory." 
 
 Now Bogle has said that one of the things which the defendant 
 mentioned to him at Sydney was about Etheridge and the cat, which 
 made an impression on him as having an old Tichborne recollection. 
 One is, therefore, surprised at the answer of the defendant, Avhen he 
 says he has no remembrance of having talked of it since. Not 
 only did Bogle say he told him of it, but Gosford says that, Avhcn 
 he saw Bogle, Bogle mentioned to him as a circumstance which 
 appeared to him to be consistent with the defendant being Roger 
 Tichborne, that upon various occasions, Avhen he was coming home 
 from Australia, the subject of Etheridge and the cat or cats had 
 been talked of by the defendant and himself; Avhich, by the way, is 
 not quite consistent with one of Bogle's statements, that he never 
 had any conversation with the defendant, either on the way from 
 Sydney to Panama, or during the month they were staj^ng at 
 Panama, or on the voyage home. That is a statement which I 
 must hesitate to accept ; with all my predilection for Bogle, and 
 desire to believe him truthful, I cannot bring myself to believe it. 
 
 Then there is a great deal about this cat, and the colour and par- 
 ticulars of the cat, and the sex of the cat : I do not think it is Avorth 
 while to go into all that, beyond pointing out that Etheridge gives 
 lis a totally different account of Avhat happened ^\i\\\ the cat ; and if 
 Etheridge's account is true, then it Avould appear that the defendant 
 miist have got hold of some story about Roger Tichborne and 
 Etheridge's cat, but must have changed some of the material 
 elements of the story. Etheridge is asked this : " Do you remember 
 anything happening one day : you had a favourite cat, I think ? — 
 Yes. Q. Do you remember Roger having a favourite dog ? — Yes ; 
 I believe he had a faA'oiu-ite dog, the right Roger Tichborne. Q. Do 
 you remember anything happening one day ; had you a barn there ? — 
 Yes, at my house. Q. Do you remember ever seeing his dog doing 
 anything about your cat? — Sir Roger Tichborne's ? Q. Yes; Avhat 
 did you see ? — What did I see ? I see the dog chase the cat and 
 jump over the barn as I was in the barn threshing, and the cat flew
 
 ( 58.3 ) 
 
 for her life over the barn, and the dog folloAvcd. Q. What did you 
 do ? — Took the flail and hit the dog. Q. That made the dog leave 
 off? — That turned him back over the crock of the barn. Q. Did 
 you know a man named Bill Mansb ridge ? — Yes, next-door neigli- 
 bour. Q. What was Bill Mansbridge? — A little boy of about 
 eight to ten years old. Q. Was he there Avhen you struck at the 
 dog? — Yes. Q. Did he see you do it? — Yes, he did see me do it, 
 I believe. Q. Did he say anything to you? — He says, 'You should 
 not have done that, Etheridge ; it is Roger's dog.' — I said, ' I do not 
 care whose dog it is, he sha'nt kill my cat.' Q. Did you see Roger 
 himself? — He said I should not hurt the dog : I told him he had no 
 business to set him at the cat." That is a very different account to 
 that which the defendant gave ; because the defendant says that it Avas 
 he who struck the cat with the Avhip he had in his hand, Avhereupon 
 the old man came out and followed him, and struck at him with the 
 flail ; so that in the defendant's story Roger's dog plays no part, and 
 the man is made to run after Roger with the flail instead of after the 
 dog. I do not know that it is of any importance Avhich of these 
 stories is true in any other sense than this, that the fact of the story 
 of the cat ha^dng been spoken of by the defendant was thought, both 
 by Bogle and afterwards by other people, as an incident showing his 
 recollection of something that happened in Roger Tichljorne's time, 
 and his memory of which must therefore be taken as a proof of his 
 being Roger Tichborne. 
 
 I should observe that Etheridge does not appear to have been 
 asked positively, with reference to the cat, whether, on the occasion 
 of this meeting on the Sunday, anything was said which made him 
 start, from the circumstance that the man he was speaking to kncAv 
 something which Roger Tichborne should have known. It is only 
 by implication that the negative arises, Etheridge having told us, 
 that on his saying the defendant was not Roger Tichborne, their 
 conversation ended there. 
 
 On the next day, Monday, the 30th, the defendant communicates 
 to Rous the fact of his being Roger Tichborne. He says that this 
 was in consequence of Rous putting the question directly to him ; 
 that Rous had conceived the notion that he was Roger Tichborne, 
 and put the question to him, and he answered it in the affirmative. 
 After that Rous tells him he is going to drive to the Ilome Farm at 
 Tichborne, and proposes to him to go with him in the dog cart. 
 The defendant accepts the offer, and goes with him. Of course 
 that would give him an opportunity of seeing the locality, which 
 would be a very pleasant thing to him if he was Roger Tich- 
 borne, and a very useful thing to him if he was not, because it Avould 
 enable him to knoAv something about the appearance and position of 
 the house, and Avhen he saw Lady Tichborne or any member of the
 
 ( 584 ) 
 
 family, would enable him to speak about the house as though he was 
 familiar with its external appearance. He passes the front and one 
 side of the house, and so gets a view of it. 
 
 That Avas on the 30th. The next day, the 31st, the defendant 
 telegraphs to Bogle, who was still at Ford's Hotel, to come doAvn 
 immediately. Bogle receives the telegram and is surprised to find 
 that instead of the defendant being at the Clarendon Hotel, Graves- 
 end, as he supposed, he had gone to Alresford. Bogle obeys the 
 summons. He goes do\Aai that same evening to Alresford, where 
 the defendant then was, and Avhen he arrives at the station he finds a 
 crowd of some 300 or 400 persons assembled to meet him. In short, 
 it would appear as if all Alresford had turned out for the purpose of 
 receiving and Avelcoming old Bogle back, and I can quite understand 
 it. He had lived in that neighbourhood for years. He had been, as 
 I have no doubt his manner and good humour Avould make him, a 
 general favourite, and everybody Avas rejoiced to hear Bogle had 
 come back again from Australia to Hampshire. They all assembled 
 to receive him. They received him with acclamations, and conducted 
 him to the inn AAath, AA'hat the learned counsel for the defendant Avould 
 call " an ovation." Of course, this surprised Bogle ; he Avas not pre- 
 pared for such a reception, and it must also surprise us that he should 
 meet with it, not that he did not deserve it, but because the defendant 
 had gone down, as he told us, under strict injunctions from his mother 
 not to make himself known to anybody till she had seen him. But it 
 is clear that at this time he must have made himself knoAvn, because 
 it was only through him that the knoAvledge that Bogle Avas coming 
 down could have been communicated to the people at Alresford. 
 They could not haA^e knoAAii it by intuition. The moment Bogle 
 came all concealment would be at an end. There cannot be any 
 doubt therefore that at this time the defendant had throAvn ofl^ the 
 mask, and Avas no longer Mr. Taylor, but Sir Roger Charles 
 Doughty Tichborne, and had announced himself to the people there 
 in that character : and we shall see that it went all over the country 
 that Roger Charles Tichborne Avas at Alresford. 
 
 Bogle arrives, and sees the defendant ; and in the course of the 
 evening tells him he is going to Tichborne the next day, the first of 
 January. There would be service on the Ncav Year's day at the 
 Roman Catholic chapel, and Bogle intimates his desire to go to 
 chapel. The defendant says. By all means ; have a carriage and go 
 over ; to Avhich, Bogle tells us, he added, " And if you can contrive " 
 (that is Bogle's OAvn expression) " to get into the house, be sure and 
 observe AA'hether the same pictures are there that used to be there 
 formerly." Next morning Bogle goes over to Tichborne, and does 
 get into the house. Mrs. GreeuAvood Avas at chapel, and as soon as 
 Mrs. Greenwood made her appearance. Bogle, I have no doubt, Avith
 
 ( 085 ) 
 
 a very lionest and genuine feeling towards one wlio was so nearly con- 
 nected with the family in which he had served for half a century or 
 near it, rushed up to her and seized her by the hand, manifesting 
 much feeling on the occasion, and then he tells her he should so like 
 to get inside and see the house once more. Colonel Lushington, who 
 was then occupying Tichborne House, Avas not there, but Mrs. Green- 
 Avood goes to the servant and says, " Here is Bogle who lived in this 
 house so long. He Avants to see the inside of it. It is a natural 
 feeling; pray let him in." He is let in ; he sees the pictures; he 
 sees the lower part of the house ; and he tells us what passed between 
 him and the defendant on his return. He says he told the defendant 
 that not only Avere the pictures there Avhich used to be there in his 
 time, but that new pictures had been introduced ; and he tells us 
 that he observed there Avere two pictures of the DoAvager Lady 
 Tichborne that had not been there in his day, but Avhich had come 
 there since. But he tells us that, beyond the general inquiry Avhether 
 the pictures Avere still there that used to be there, the only picture the 
 defendant asked him about AA'as a picture called the Queen's picture, 
 Avhich Avas a picture of Queen Elizabeth Avith one of those ruffs Avhicli 
 Avere the fashion in Queen Elizabeth's days. If that Avas all that the 
 defendant asked about, it certainly Avas not Avorth AA'hile to tell Bogle 
 to get an entrance into the house to ascertain about the pictures. 
 
 But this is one of the matters on which I think you must exercise 
 some judgment in accepting the statement of Bogle in its entirety. 
 There were several pictures there that he must have knoAvn very Avell, 
 among others the Dole picture. The defendant had got a catalogue 
 Avhich had been made for the purpose of a sale of the pictures, but the 
 sale had not taken place. An execution had been put into the house 
 against Sir Alfred Tichborne, and the pictures had been catalogued 
 for sale, but they were not sold. Why, we are not told ; possibly the 
 execution was paid out. And it might be very material for the 
 defendant, if not Roger Tichborne, to knoAV what pictures were there, 
 in order that Avhen he went to the house to visit Colonel Lushington, 
 he should be able to fix on particular pictures as though he had 
 a remembrance of them, or that Avhen he Avent to Paris he might be 
 able to talk to Lady Tichborne about those pictures. Bogle, Iioav- 
 ever, says he asked him about no picture except the Queen's picture, 
 that is. Queen Elizabeth Avith the ruft. 
 
 Now, one asks oneself, for Avhat purpose Avas Bogle telegraphed for 
 in this sudden Avay. What Avas he brought doAvn to Tichborne for ? 
 Certainly not to attend upon the defendant, Avho appears to haAC 
 been a man who could take care of himself. He would not want 
 a personal attendant, otherwise he Avoidd have taken Bogle, or some 
 servant, doAvn with him. But he only telegraphs for Bogle on the 
 31st, and there being no apparent reason why Bogle was sent for, it
 
 ( 586 ) 
 
 is but reasonable to suppose that the object was that he might be 
 used for the purpose for which he Avas used; and the use which was 
 made of him was to send him into the house at Tichborne, in order 
 that he might see these pictures, and see what was tliere. I cannot 
 help thinking he must have told the defendant more than he says he 
 did, and for this reason. A great change had been made inside of 
 the house, a change Avhich Avas attended Avith very considerable 
 expense. Sir Alfred Tichborne, among A'arious extraA agancies into 
 AA'hich that young man fell, had conceiAcd the notion of turning that 
 portion of the house which had been inhabited by Sir EdAA^ard 
 Doughty in the latter part of his life, when he could not go up and 
 doAATi stairs, having paralysis in the leg — part of the ground-floor, the 
 library and another room adjoining being appropriated to him — of 
 turning some of that part of the house into a large banqueting hall, 
 altogether disproportioned to the size and character of the house. 
 Sir Alfred having gutted this part of the house, but failed to do any- 
 thing Avith it in the Avay of restoration, it remains to the present day 
 in a state of desolation, nothing but bare Avails, all the partitions 
 AA'hich constituted the rooms being gone. You Avill find that referred 
 to in a letter of the defendant to Lady Tichborne a few days after 
 this. He did not go into the house himself and see this, and must 
 in all probability have learned it from Bogle. Therefore Bogle must 
 probably have told him more than Bogle tells us he did. At the 
 same time the information may have been obtained from Rous. 
 
 But there is also another purpose which Bogle may haA-e ser\'ed, 
 and in Avhich he may have been very useful. If there was anybody 
 capable of forming a judgment about Roger Tichborne, supposing it 
 honestly formed, it was Bogle, from having lived so long in the 
 family. Having been in Tichborne aaIicu Roger Tichborne Avas 
 there for months at a time, having seen him from time to time until 
 Avithin a very fcAV months of the time Avhen he finally Avent away. 
 Bogle was very well calcidated to form as good a judgment as almost 
 anybody could be, and if you are of opinion, as I think you will be, 
 that Bogle Avas honest in accepting the defendant as the real Roger 
 Tichborne, that is a very considerable point in favour of the defen- 
 dant to be put on his side of the account. 
 
 KoAv Bogle's coming doAvn and announcing to all the Avorld that the 
 defendant Avas Roger Tichborne Avas a thing calculated to produce a 
 very powerful impression on the mind of the people in the neighbour- 
 hood. Folks would say, " Here is Bogle, the old servant we kncAV 
 so long, and respected and liked, come back again. Why has he 
 come back? Because he has fallen in with the long-lost Roger 
 Tichborne ; he is satisfied this man is Roger Tichborne, and he is 
 ready to proclaim it all over the world." Of course that would 
 produce a A'ery powerful sensation at Alresford, and I can quite
 
 ( 5«7 ) 
 
 nnderstand the defendant saying, " I do not care wliat my mother 
 has said about my not seeing anybody before I see her : I shall 
 go down to Alresford, and have Bogle down ;" or it may have 
 been suggested to him when he was there that Bogle woukl carry 
 everything before him, as the best proof that coukl be produced of 
 his being Roger Tichborne. I think, probably, that was partially 
 the motive of sending for Bogle, as well as the desire that Bogle 
 should get into Tichborne House and bring information to the 
 defendant as to its interior, which it might be interesting and useful 
 to him to know. 
 
 On this occasion of Bogle's visit to the house he met, as I have 
 said, Avith Mrs. Greenwood ; and what proves that the defendant had 
 not sought to maintain his incognito, but, on the contrary, had an- 
 nounced to the Alresford people who and what he was, is that it was 
 spreading like wildfire over the country. The news of Roger's return 
 had been conveyed to Mrs. Greenwood, and the first thing Mrs. Green- 
 wood did when chapel was over Avas to go up to Bogle and say, " They 
 tell us Roger Tichborne is at Alresford." " No," says Bogle, " he is 
 not." Mrs. GreeuAvood Avas not altogether satisfied Avlth this denial. 
 She says to Bogle, " whether he is or is not, glA^e my best regards to 
 him, and tell him I am most anxious to see him, and I sincerely hope 
 he wiU come at once to Brookwood and let us see him." " At that 
 time," says Mrs. Greenwood, " I really supposed it Avas Roger Tich- 
 borne that had come back." She had not at that time conceived 
 the idea that any one could come forward and claim to be the 
 lost Roger Avho in point of fact Avas not entitled to that character, 
 and therefore she invited him to come to BrookAvood, AA^hich, hoAv- 
 CA'er, he never did. 
 
 Now comes the question Iioav it Avas that the defendant himself 
 Avent doAvn to Alresford. We should naturally have expected one of 
 tAvo things, either that he Avould make himself knoAvn to his relations 
 here, or that he would at once have hastened to find his mother, who, 
 as we knoAv, was at Paris. What Ave should naturally expect of a 
 man aaIio comes back from residing abroad after a long period of 
 exile, especially if he comes forward for the piu'pose of establishing an 
 identity Avith a person who, up to that time, Avas supposed to be dead, 
 is that he Avould immediately proclaim himself to all the Avorld. He 
 Avould seek out former friends and relations, especially those Avith 
 whom he had been on terms of close and affectionate intimacy, and 
 say to them, " You believe me dead, but I am not; circumstances 
 have induced me to remain in obscurity and unknoAvn. They may 
 be easily explained, and I will tell them to you, if you desire it. 
 Here I am. I presume you Avill receive me Avith the same affection 
 and the same cordiality AAath AA'hich you Avould have received me 
 in former days." The defendant says, " I did not do that which it
 
 ( 588 ) 
 
 would have been natural for me to do, because I had received my 
 mother's injunctions to see no one until I had seen her." That is 
 quite intelligible. When and Avhere he received those injunctions we 
 do not very clearly know — certainly not after he set foot in England, 
 because Lady Tichborne Avas at the time hourly expecting him in 
 Paris, and in consequence did not AA^ite to him in London. He says 
 it was by some letter he received when at Sydney ; he said so on the 
 former trial. He Avas asked if he could produce the letter? He says, 
 " ^o, but I can get it;" and it would have been satisfactory to have 
 seen that letter. But it never has been produced. Still, I am by 
 no means, on that account, disposed to disbelieve the defendant, 
 because it was in the very nature and character of Lady Tichborne to 
 desire to keep her son entirely to herself, and to keep him away from 
 his relations as much as she could. She hated the Tichbornes with 
 a cordiality of hatred Avhich nothing could exceed, and nothing would 
 have pained her so much Avith regard to her son on his return to this 
 country, as that they should take him to themselves, or even that any 
 of the Seymours, though her OAvn relations, should rencAv their 
 relations with him. I can quite understand her having said to 
 him in some letter she Avrote to Australia, Avhen you come to Eng- 
 land or Europe mind you come to me ; do not go and see any- 
 body ; do not trust yourself to any one ; do not trust to any one's 
 honesty, but come to me. I can quite understand that in her. But 
 what about Roger? If ever there Avas a man aa^io acted indepen- 
 dently of his mother's control, and Avho Avould have rejected his 
 mother's attempts to govern him, it Avas, as we knoAv, Roger. The 
 very last letter he Avrote to his mother is one in which, you recollect, 
 he begins by telling her he is Aveary of the eternal repetition of the 
 obligations of duty AA^hich a son OAves to a mother ; that he is old 
 enough to think and judge for himself, and he begs that he may no 
 longer be troubled Avith such observations from her. That Avas only 
 the croAATiing act of a long series of years in AA^hich he ncA^er in 
 a single instance submitted to his mother's dictation or control. 
 I doubt, therefore, fi'om the character of Roger Tichborne, whether, 
 if the mother had said, do not go near your Seymour uncles or your 
 Seymour aunts ; do not go near the Tichbornes ; do not go near 
 Gosford ; he would at once liaA^e submitted to such dictation ; and 
 yet, in the circumstances in Avhicli he Avas placed, he might have felt 
 himself constrained to submit to that Avhicli he Avould otherAvise haA'e 
 scouted. He must have been quite aAvare that he Avas coming back 
 under circumstances of very great difficulty ; that he Avas very likely 
 to be received after so many years of silence Avith distrust and 
 suspicion. He entertained the belief, Avliich Lady Tichborne had 
 done her best to inculcate and instil, that iqDon her recognition 
 depended entirely the success of the claim he Avas about to prefer.
 
 ( 589 ) 
 
 " If I only acknowledge him," she declares, " all the world wall 
 acquiesce and everything Avill be smooth." He may have believed 
 that, and therefore may have submitted to the government of the 
 mother, which he would not otherwise have submitted to. I can, 
 therefore, quite understand, notwithstanding what we know of 
 Roger's charactei', that the defendant may have said to himself. If 
 I had my way I should go and see Vincent Gosford and Henry 
 Danby Seymour, and Lady Doughty ; but I must do as my mother 
 tells me, because at the present moment I am in her power. 
 
 But, then, why does he not go to her ? Why does he, in the first 
 place, spend time at Gravesend ? Why does he go from Gravesend 
 to Alresford, spending his time at Alresford, driving about with Rous, 
 or sending for Bogle, solely because, as he says (that is his explana- 
 tion about sending for Bogle), the people at Alresford would have it 
 that Bogle was dead and his annuity had been stopped in consequence 
 of his death, and he was determined to show them, even if they did 
 not believe Roger Tichborne was living in his person, that Bogle 
 was still alive and flourishing, and he had him down to Alresford for 
 that sole motive. That is a matter on Avhich we must exercise our 
 own judgment as to whether we believe it. 
 
 What, then, is the solution of the defendant going down to Alres- 
 ford ? What was the motive for going to Alresford, instead of going 
 to seek his mother at once ? He gives two explanations. In his 
 evidence he says, " I went to Alresford to have a look at the place 
 again," and in a letter to Lady Tichborne, written shortly after- 
 Avards, he Avrites, " I have been down to Alresford to have a look 
 at the dear old place again." A very pretty bit of sentiment ; Ave 
 do like to go and see places Avhich are associated with our recollec- 
 tions of happy days Ave may have spent there in former times. I 
 can quite understand that. But Avas this the motive ? The other 
 explanation he gives is that he had not the money to go to Paris, 
 The ansAver to Avhicli is that he had money to go to Alresford, 
 and money to have Bogle down to Alresford, and that the motiey 
 he so spent Avould have taken him to Paris. Besides that, by the 
 direction of Lady Tichborne, Mr. BoAA^ker wrote on the 27th of 
 December, having heard the defendant had arrived, addressing his 
 letter to Ford's Hotel, so that it Avould be sure to reach the defendant, 
 as he had Bogle and his secretary there to look after his letters — 
 to say that he AA'as directed by Lady Tichborne to put himself 
 in communication with him, and to accompany him to Paris, so 
 that if funds had been Avanting Mr. BoAvker, as her solicitor, 
 woidd, of course, have found them. But finally (and this is the 
 last observation), the defendant goes to Paris and takes Avith him 
 Mr. Holmes and Mr. Leete, AA-hich could only have been done at 
 considerable expense, and in the meantime he certainly had received
 
 ( 590 ) 
 
 no funds from his motlier, and therefore he had the means, fi-om his 
 own resources, or from the willing advances of Mr. Holmes, of going 
 to Paris to see his mother, and at a very much earlier time than he 
 went there. What, then, is the solution of his going to Alresford ? 
 If it had been simply "^ to see the dear old place again," the observa- 
 tion which suggests itself is that, although that may be a natural 
 sentiment, a far more powerful motive in the way of sentiment Avould 
 have been to go and see the dear old mother again who was anxiously 
 awaitino- and countino; the hours for his arrival at Paris ; therefore 
 I cannot think that the sentiment thus put forward was the motive 
 which really impelled him to go to Alresford. What then was it ? 
 If he is not Roger Tichborne I can easily give you the answer. If 
 he is, I confess I cannot. For I cannot see the motive Roger 
 Tichborne would have had in going to Alresford when he ought to 
 have gone to his mother, Avho, we shall presently see, was in Paris 
 impatiently looking forward to his arrival. The only motive I can 
 see is this — and I throw it out for your consideration as one of the 
 things that presents itself to one's mind in considering the proba- 
 bilities of the case — that before the defendant went to Lady Tichborne 
 he desired to acquire a knowledge of the localities at Tichborne, lest, 
 in any conversation she might have with him about Tichborne, he 
 might betray such an ignorance of things connected with Tichboi'ne 
 and Alresford, which Roger Tichborne would have known, as might 
 excite suspicion and create distrust even in the mind of Lady Tich- 
 borne, however Avilling to believe in him. This is but a speculation, 
 a conjecture, and it may be wrong ; but it is the only hypothesis on 
 which I can explain conduct which otherwise, I must say, appears 
 incapable of explanation. 
 
 Gentlemen, Ave have now done Avith the visit to Alresford, and, 
 therefore, Ave Avill conclude our business for the day. 
 
 ONE HUNDRED AND SEVENTY-SEVENTH DAY. 
 
 Wednesday, February 11, 1874. 
 
 The Lord Chief Justice : Gentlemen of the Jury, — We 
 finished yesterday Avith the visit of the defendant to Alresford. 
 Very soon after Bogle had made his report about the pictures and 
 the house, as I assume he did, he and the defendant left Alresford, the 
 latter going to Gravesend, and Bogle to Ford's Hotel. On the 4th of 
 January the defendant Avrites to Rous as folloAvs : " Clarendon Hotel 
 Gravesend. Dear Rous. I expected my Mamma to arrived in
 
 ( 591 ) 
 
 London today. But I have just rcceved a letter from lier, stating 
 her intension to remain in Paris until I come there. So I shall start 
 tomori'ow for Paris. If my Solicitor Mr. Holmes writes to you. 
 give him any information you can. And depend the same will be in 
 perfect secretecy between us. I will write and let you know when 
 Mamma and me are coming down before we start from London. 
 Make inquiry of the Post Office for any letter or papers, that may 
 be laying there for me. Has I believe there is some there. Give 
 my respects to Dr. Lissome" — he means Dr. " Lipscombe," with 
 whose name Roger Tichborne was familiar, and which one would 
 not have expected the latter to transform into " Lissome" — " and 
 tell him I should have availed myself of his kind offer, had I have 
 known it sooner. I remain &c R. C. Tichborne 4/L/67." Though 
 the defendant here intimates his intention to leave on the next day 
 to join Lady Tichborne, several days more elapsed before he started 
 for Paris. 
 
 About this time, the defendant being still at the Clarendon Hotel, 
 Gravesend, Mr. Gosford Avent down to see him. The fame of his 
 arrival, and of his having been at Alresford, had got abroad all over 
 the country, and, of com-se, had created a very strong interest and 
 curiosity in the minds of persons who had been previously well 
 acquainted Avith Roger ; and, natm-ally, Mr. Gosford, who had known 
 him so intimately, and who would be deeply interested in the fact of 
 his being alive and having returned to England, if that fact proved 
 true, was very anxious to know whether the claimant was the real 
 man or not, and he made up his mind to go down to Gravesend, 
 where he had ascertained, I suppose at Ford's Hotel, that the 
 claimant was. Unfortunately he conceived the plan, or circum- 
 stances induced him to adopt it, of taking with him Mr. Cullington, 
 who had succeeded to Mr. Slaughter's business, and Mr. PloAvden, 
 who was a distant relation — a very unfortunate course to adopt, 
 because it could not do otherwise than offend the defendant, that 
 Mr. Gosford — though as an old friend of Roger's he might have come 
 himself to see him — should bring a lawyer and a comparative stranger 
 with him ; and I must say the whole proceeding was about as rash 
 and ill-advised, and improper, as cauAvell be conceived. They had no 
 possible right to disturb the privacy of the defendant, if he did not 
 desire to be seen. It was for him, whether Roger or not, to exercise 
 his discretion as to Avhom he chose to see, and as to when he Avould 
 take the opportunity of seeing them. Mr. Gosford had no right to 
 go doAvn in that abrupt way, with two strangers, and attempt to force 
 himself, either Avith or Avithout them, on the defendant. Still less 
 had they any possible or conceivable right to treat him in the way 
 which it must be admitted they did upon that occasion treat him. 
 He did not choose to see them ; he made his Avay to his room, and
 
 ( 592 ) 
 
 shut himself in. They insisted upon seeing him ; made a disturb- 
 ance ; spoke disparagingly of him to the landlord, even suggesting 
 that he had better take care of his spoons ; talked about the police ; 
 and in short misbehaved and misconducted themselves — there is no 
 use in mincing the matter. It was very unfortunate in all respects, 
 and very ill-judged, as the sequel shows, because it gave the defendant 
 ground to say : " I have been illused from the moment I set my 
 foot on English ground by persons who professed to be interested on 
 behalf of the Tichborne family. They came down and molested me, 
 and conducted themselves in the most unbecoming manner; and, 
 therefore, as I assume them to be representatives and exponents of 
 the feelings of the family towards me, I shall keep aloof." If they had 
 let the defendant alone, and given him no such ground for sapng he 
 would not go near the family, and he had not gone, the inference 
 arising from his not seeking his relations and friends, as a man 
 naturally would on coming home, would have been infinitely stronger 
 than it is. But, having said so much, one cannot, on the other hand, 
 help observing that, although the defendant, if Roger, would have 
 been perfectly justified in saying, " I do not Avant to see Mr. CtJ- 
 lington or Mr. Plowden, they are strangers to me," he might well have 
 said to Gosford, " if you, Avho kneAV me from a youth, want to see 
 me, of course I shall be glad to receive you." And one would have 
 thought that, having Mr. Gosford there, he Avould have been glad to 
 avail himself of the opportunity to renew old recollections and asso- 
 ciations. However, he did not do that. Possibly it may be that he 
 was indignant and angry at the way he was treated, and therefoi-e 
 declined to see Mr. Gosford. There is, however, an awkward cir- 
 cumstance connected Avith this, and that is his giving the note Avhich 
 he sent doAvn stairs to Gosford. " Dear Sir I posted a note for you 
 at Cannon St. to day address to the care of Mr. Culliugton Mans- 
 field St Cavendish Square. Pardon me Gentlemen but i did not 
 Avish any one to knoAv \A'here i Avas staying Avith my family And 
 was much anoyed to see you all here. R. C. tichborne." Noav aa^c 
 knoAv that the note said to haA^e been addressed to Mr. Gosford Avas 
 not received, and Ave may doubt AA^hether it Avas ever Avritten, but let 
 us haA'e the defendant's own explanation of the reason why he did not 
 seek Mr. Gosford and Avould not see him: it is not merely that he was 
 angry at this intrusion on his privacy, he gives another reason. He is 
 asked the reason on cross-examination, and he says, "It occurs to me 
 the particular reason AA^as, I saAv Sir Charles Clifford in Panama, Avho 
 told me Mr. Gosford had SAVorn I Avas dead, and had proved my 
 Avill." Then he is asked, " You had left him executor, had not you ? — 
 I had. Q. And had never taken the smallest notice of anybody in 
 this country, nor had anybody the slightest reason to belieA'e that 
 you Avere aliA'e since 1854? — No; but I could not make out hoAv
 
 ( 593 ) 
 
 'anybody could swear that I was dead when I was not. Q. Conld 
 not you ? — No ; nor now : I could not understand why lie should 
 protest that I died oifl" Ivio Janeiro. Q. Are you not aware that 
 men swear to their beliefs ? — I think not, in that court. Q. You 
 think not, in the Court of Probate ? — At least I have been informed 
 such is not the case. Q. Do I understand you to say if you had not 
 appeared for fifty years your observation woidd be equally strong, 
 that you could not understand ? — Just so ; I do not understand a 
 man could swear that another is dead unless he laiows he is. Q. For 
 the purpose of executing yoiu- will, of Avhich you had left him exe- 
 cutor and trustee, and carrying out the wishes you left behind you, 
 he took proceedings to prove the will, and swear his belief in your 
 death, and that surprises you ? — Yes, most decidedly, to swear that 
 I Avas dead. Q. Is that the reason you did not go to him ? — I be- 
 lieve it was the principal reason. Q. Do you mean to swear that ? 
 — I mean to swear that is the reason I did not go to see him until 
 I knew more about it." Then Lord Chief Justice Bovill suggests 
 that this is very strange, and says, " It seems that he would be the 
 natural person to apply to ? — Yes, my Lord, but having heard this, 
 I certainly could not understand: I determined not to see him until 
 I saw my mother, and knew more about it. The Lord Cpiief 
 Justice : It is only right to call your attention to it, to see whether 
 you have any other reason to give." The Solicitor-General : 
 " Your most intimate fi'iend, with whom you had never had a quarrel, 
 and whom you left executor, and Avho had the disposition of your 
 whole property — you never went near him ? — No, I did not go near 
 him." Gentlemen, that explanation of not going to Mr. Gosford is, 
 I must say, very unsatisfactory to my mind, as, for the reasons I have 
 already explained, INIr. Gosford had no alternative but to prove the 
 will, and of this the defendant, as a man of common sense, must have 
 been aware ; but I can quite understand, as I have said, that on 
 the occasion of ]Mr. Gosford's first visit he was angiy, and therefore 
 declined to see him. 
 
 The first visit having thus failed, it occurs to Mr. Gosford that 
 if he went by himself the defendant would probably have less 
 disinclination to see him, and accordingly on the 9tli of January 
 he goes to Gravesend again. He finds the defendant's luggage all 
 packed up, and in the hall of the Clarendon Hotel, and the de- 
 fendant himself on the point of leaving. However, Mr. Gosford 
 sees Mr. Holmes, and tells him he has come down for the purpose 
 of seeing the defendant. Mr. Holmes no doubt felt it would look ill 
 if the defendant refused to see Mr. Gosford, with whom Roger had 
 been on such intimate and confidential terms, and he goes in and 
 speaks to him, and induces him to see Mr. Gosford. Now the 
 interview which took place, and the conversation which occurred in 
 
 QQ
 
 ( 594 ) 
 
 the course of it, are certainly very material, because, as I have already 
 pointed out, the knowledge or the ignorance which the defendant 
 exhibits at the earlier stages of the history are far more important 
 than what he knows or does not know at a later period. I will 
 give you Mr. Gosford's account of the interview in his own Avords. 
 " The defendant came in. lie Avas shown in by Mr. Holmes, 
 and as Mr. Holmes closed the door, he stood just inside of it 
 with his cap in his hand, and in a most nervous state, twisting it 
 round like this " — showing the way in which he twisted the cap 
 — " I do not think I spoke for a few moments, because I was so 
 scared with his appearance that I could not conceive the idea of 
 his coming forward as Roger ; however, I believe I advanced, and 
 then he came forward and said, 'How do you do, Mr. Gosford?' 
 — and held out his hand. I do not remember whether I took it or 
 nob, very likely I did, and then I said, 'Pray sit down: I should not 
 have known you,' or ' I don't know you,' or ' I could not recognize 
 you,' or something of the sort. And he did not speak, and seemed 
 in a most uncomfortable, nervous state. I commenced some remark 
 about Tichborne — such as, ' You will remember our old days at 
 Tichborne, I dare say ;' and he answered in some monosyllable, 1 do not 
 exactly remember what, but he made no remark. I forget exactly the 
 next question ; but if not the next, I know I said shortly after, ' How 
 is it you have not been to see the Seymours ? ' And he said, ' Oh, you 
 mean my mamma's relations.' That struck me immediately, because 
 Roger had never used the word ' mamma' since I had first known 
 him in 1847, either in conversation or in waiting; but I noticed it as it 
 passed, and said, 'yes;' but he did not give any reason for not going to 
 see them ; and then I said, ' Do you know Mrs. Townley ? You have not 
 been to see her.' — 'No,' he said, 'I do not remember Mrs. Townley.' 
 I am sure he had never heard the name before ; quite sure of it. 
 His manner gave me that idea immediately. Q. Are you sure he said, 
 ' I do not remember Mrs. Townley ?' — I am. Then we got into further 
 conversation. I think Mr. Holmes helped a little, but I do not 
 remember exactly what he said ; and then I asked him why he had 
 not been to see Lady Doughty, and he said no, he had not. I forget 
 how the questions and answers came, but I made notes at the time, 
 and afterwards gave them to Mr. Cullington." Mr. Hawkins : 
 " Let me ask you was anything said in this part of the conversation 
 about his having gone to Tichborne, or about anything that had 
 occurred at Tichborne ? — Yes ; he told me he had been down to 
 Alresford, and volunteered directly, ' I have seen Hopkins and 
 Lipscomb, and Hopkins recognized me from the window.' Those 
 were his exact Avords." The Lord Chief Justice : " He said 
 Hopkins recognized him from the window ? — Yes, Hopkins recog- 
 nized him fi'om the window. That made such an impression on me
 
 ( 595 ) 
 
 that T think the very next day I Avrote straii^ht to INIr. Hopkins to 
 tell him this." Mr. Hawkins : " Let ns have the conversation first ? 
 — He further said he had seen the Stubbses and Etheridg-e at 
 Alresford. He particularly mentioned the Stubbses and Etheridge. 
 Q. Did he say anything about Etheridge? — He mentioned Etheridge. 
 Q. Did he say whether or not Etheridge had recognized him ? — 
 He said — 'oh, yes, and they knew me at once.' He said he had 
 seen them at Ah-esford, and he made a further allusion to Etheridge. 
 Q. What was that ? — He said, ' You remember I used to Avorry 
 Etheridge's cats Avith my dogs.' I said, ' No, I do not,' and I 
 immediately tm-ned round on him and said, ' What were the names 
 of your dogs?' And he could not remember a word. The names 
 of those two pet dogs of Roger's flashed upon my mind directly." 
 Gentlemen, that is important if it took place as Mr. Gosford is telling 
 us ; because you will find by-and-by when I come to the evidence on 
 the part of the defence, that his recollection of the dogs " Spring" 
 and " Piecrust" was one of the things which led more than one 
 witness to believe he must necessarily be lloger Tichborne — " Were 
 the names of those two pet dogs well known about ? — Well known 
 to me, and to all about the house. Q. ' Spring ' and ' Piecrust ? ' — 
 ' Spring' and ' Piecrust.' " Mr. Justice Lush : " When you asked 
 him ' What were the names of your dogs ? ' did he make no answer, 
 or say he could not remember ? — He said he could not remember." 
 Then Mr. Gosford goes on to say he tested him about Tichborne, 
 and put to him pointedly, " Do you remember your horse ever 
 running away ? " and his answer was, " No, I do not." He con- 
 tinues, " I pressed him very hard upon that, because in connection 
 with it there was a circumstance which it Avas impossible that any 
 man alive could have forgotten." Then he tells us Avhat that cir- 
 cumstance Avas. He and Poger had been riding out one day, and 
 they Avere hastening across the country to get home. Sir EdAA'ard 
 being ahvays very punctual about the dinner hour, and they got their 
 horses rather out of breath, and an-iving at a steep hill going across 
 the doAvns they jumped off their horses to breathe them AA'hile Avalk- 
 ing up the hill. When they got to the top of the hill they Avere 
 getting into their saddles as fast as they coidd, and Roger, having 
 rather a long pair of spin's, and getting up on his horse carelessly, 
 touched its flank, AA'hich made the horse start oft' and not havina* srot 
 properly into the saddle, his feet not being in the stirrups, he Avas 
 not able to control the horse, and had to hang on as best he could. 
 There happened to be a gate across the road into AA'hich they had 
 just got ; the horse Avent straight at the gate, knocked it doAvn, and 
 thrcAv his rider very heavily, and Mr. Gosford Avas A^ery much 
 alarmed about him, and took him up. It turned out that there Avere 
 no limbs broken, and they found their Avay home as best they 
 
 QQ2
 
 ( 596 ) 
 
 could. Mr. Gosford says he led np as nearly as possible to this 
 accident without actually telling him what it Avas, but the defendant 
 had not the slightest remembrance of it. He then put to him another 
 circumstance, without telling him what it Avas — that of his horse 
 running aAvay Avith him out hunting in consequence of his hat falling 
 off, when he had to throAv himself off in order to get clear, and of 
 that he says the defendant kncAv nothing. Then he says he asked 
 him about Upton. And this, again, is an important point, if you 
 place reliance on Mr. Gosford's statement, because the ignorance 
 here exhibited stands in striking contrast Avitli the knoAvledge of the 
 same things AA'hich the defendant affcerAvards manifested to a Avitness 
 who was satisfied as to his identity from the knoAvledge he exhibited. 
 *' Did you touch at all upon Upton, and his knoAvledge of Upton ?— 
 Yes, I asked him if he remembered Upton, and he said, ' I do not 
 knoAV much about it,' and I said, ' Do you remember the island ? ' 
 That story of the poachers came into my mind at the moment, and I 
 said, ' Do you remember the island ? ' and he said, ' I do not 
 remember much about the island.' I do not belicA^e he had CA'er 
 heard there Avas an island before. It gaA'e me that impression. 
 Q. However, that is Avhat he said ?— Yes, that is what he said. 
 I led up to the subject of the poachers there again. Q. You say 
 you called his attention and refen-ed to that poaching matter? — 
 Yes, and the island. I asked him if he remembered the island, and 
 if he could remember a particular circumstance occun-ing at the 
 island, and he could not remember anything, and I did not tell him." 
 Then he puts AA^hat was certainly a very crucial question. Mr. 
 Slaughter, aa'Iio AA^as dead at this time, and had been succeeded by 
 Mr. Cullington, aa'Iio had become his partner, had been the confidential 
 solicitor of Roger, and drcAV his AA'ill for him, and Avas one of the exe- 
 cutors of that Avill. Mr. Gosford says, "I put the question to him, ' Do 
 you remember Slaughter? He seemed quite to hesitate, and then 
 said, ' I do not remember Slaughter.' I said, ' Can you tell me avIio 
 made yom- Avill ? ' He hesitated, and then Mr. Holmes made some 
 exclamation, or gave a look at him, I do not recollect Avhat, but I 
 knoAv it Avas a little intGiTuption, and it made him say, ' Oh ! 
 Mr. Hopkins, of course.' " Gentlemen, we knoAv Mr. Hopkins did 
 not make his Avill. Mr. Slaughter made his Avill. Roger purposely 
 avoided Mr. Hopkins, because he AA'ished to make a Avill Avhich 
 should remain AA'holly unknoAvn to his father and uncle. He kncAV 
 well that Mr. Hopkins AA^as in their confidence. Moreover, he did 
 not like Mr. Hopkins. I say so, because I remember a passage in 
 one of the gossiping letters of Lady Doughty, Avhich I do not think 
 I troubled you AA'ith reading, in Avhich, having been made aAvare that 
 on leaving Tichborne, I think to go to Ireland, Roger had traA^elled 
 to London or somcAAdiere Avith Mr. Dunn, of the firm of Dunn and
 
 ( 597 ) 
 
 Hopkins, she laughingly alludes to it, and says, " I was very much 
 amused at your travelling in the same carriage with Mr. Dunn, 
 knowing yoiu- love for the firm of Dunn & Hopkins," of course 
 implying the reverse. Pie had not gone to Mr. Hopkins, but to 
 Mr. Slaughter, and if Mr. Gosford is correct as to that conversation, 
 Roger coidd not well have made a mistake on a matter which must 
 have been so completely Avithin his knowledge. I can understand 
 that the defendant, if not Roger, could have made such a mistake ; 
 because so far as he had knowledo-e at that time as to who had been 
 the lawyer of the Tichborne family, he Avould know it had been 
 Mr. Hopkins. He had been staying in the house of Mr. Rous, who 
 had been clerk to Mr. Hopkins, and he -would there learn that 
 Hopkins had l)een the family attorney, and so, naturally enough, he 
 might conclude that ]\Ir. Hopkins had made the will, when in point 
 of fact we knoAV that he had had nothing to do with the will. Then 
 IMr. Gosford lays a little snare for him and says, " Do you remember 
 Cullington ? — -Oh, yes, I remember Cullington." This was a trap, 
 and he fell into it, because in fact Roger never knew Mr. Cullington. 
 At the time he went away Mr. Slaughter had not Mr. Cullington 
 as a partner. Mr. Cullington did not become a partner until some 
 time after Roger left ; and he therefore could know nothing aljout 
 Mr. Cullington. Then Mr. Gosford asks him about Moore, and Avhere 
 he had left Moore, and says that his answer was, " At Monte Video." 
 NoAV that is a mistake which you Avould hardly suppose Roger would 
 have made. Moore remained at Santiago on Roger's first visit to that 
 place, before Roger even went northwards to Peru, and he never Avent 
 to Monte Video at all. He was next asked, " How did you get there ? " 
 He answered, " By ship, of course." Then Mr. Gosford says, " Of 
 coiu'se I knew that he could not have got to Monte Video by any 
 other mode." Q. " You mean from Buenos Ayres? — Yes, I knew 
 that ; but what made me ask the question was to see whether he 
 would allude to Roger's ride across the Pampas, because that was 
 a remarkable ride Avhich he would naturally have alluded to." 
 Mr. Hawkins: "Was there any allusion made to that? — Not 
 the slightest; that Avas the point I Avanted to draAv from him, 
 because I thought it was a thing he Avould naturally have mentioned. 
 A man who Avould send me back, as Roger did, the very boots and 
 leathers that he rode across the Pampas in, Avould have been likely to 
 have remembered that Avhen I alluded to it again. I made a further 
 allusion to Moore. He said, ' I shoidd like to see John Moore,' and 
 I made no remark to that : I thought it Avas likely enough he Avould 
 see him. Q. Was any reference made by you to any things that had 
 been sent over by Roger ? — Yes, I asked him if he remembered send- 
 ing me any boxes from South America." You Avill recollect that 
 Roger sent him from Lima tAvo boxes containing stuffed birds and
 
 ( 598 ) 
 
 curiosities he had picked up in his travels in South America : Ave had 
 the bill of lading of those boxes put in — " I asked him if he remem- 
 bered sending me any boxes from South America. What did he say 
 to that? — He said distinctly he did not remember." Mr. Gosford 
 says he asked him whether he remembered the horse he had left in 
 Eno-land. " I asked him if he remembered it, and he knew nothing 
 at all about it." I think there must be some inaccuracy here, and 
 that the question coidd not have been put in that general form, but 
 must have had reference to the character or the description of the 
 horse, and my reason for sajang so is this — Avhether Eoger or not, 
 the defendant knew, either as Roger or from some extraneous soiu-ce, 
 that Koger had left a horse in England, because he mentions it in 
 that part of the letter to Lady Tichborne which is not forthcoming, 
 but which Mr. Gibbes saw and tells us that it did contain some 
 reference to the horse, mentioning the horse as " Plenipo" — the 
 observation upon which is, — that although he left the horse to be 
 taken care of till his return, as a favourite horse which he desired to 
 keep, that horse was never called Plenipo. So Ave have here one of 
 those curious combinations of knoAvledge and AAant of knoAvledge 
 which the defendant so often exhibits. 
 
 That is the conversation which, so far as INIr. Gosford remembers 
 it, took place Avhile they Avere still in the hotel. The time had come 
 to leaA^e for the train, as the defendant AA^as coming up to toAvn, and 
 they travelled together. They found some stranger in the carriage, 
 who on being requested by Mr. Holmes to be good enough to leave, 
 as they had confidential matters to talk about, Avas courteous enough 
 to do so, and they had a conversation amongst them Avhilc coming up. 
 Mr. Gosford says, " I do not remember Avhat Ave began Avith, but I 
 remember as Ave went along he turned to me in a moment, and said, 
 * HoAv's Percival ?' and it did not occur to me for a moment whom 
 could he mean, and I said, ' Who ?' — ' Percival Radcliffe,' he said. 
 ' Oh,' I said, ' he is A^ery Avell ;' but the question struck me immensely, 
 because all the years I ha\'e had the pleasure and honour of knoAving 
 Mr. Radcliffe, I never heard any indiAddual soid call him anything 
 but Percy among his friends. The name of Percival I do not sup- 
 pose he was called in his life by anybody Avho kncAv him intimately. 
 Q. HoAv did Roger call him ? — Roger ncA'er knew him to my kuoAv- 
 ledge. Although they were knoAvn to one another earlier, it w^as 
 before I kncAv Tichborne ; and during the time I kneAv Roger at 
 Tichborne I do not remember Mr. Radcliffe being intimate there at all. 
 I do not remember Roger and INIr. Radcliffe ever meeting at Tich- 
 borne." We knoAv they ncA^er did meet but once, and that Avas in the 
 early part of the year 1848, Avhen from Stonyhurst Roger paid a visit 
 to Burton Constable, Sir Clifford Constable's place, on AA'hich occasion 
 they joined in the theatricals there, and both played the part of French
 
 ( 599 ) 
 
 students. That being so, Roger could not have known Sir Percival, at 
 that time Mr. liadclifFe, very intimately. But it may be said, " How 
 should the defendant know anything about Percival liadclifFe so as to 
 be induced to ask after him ?" That, I think, admits of an easy solu- 
 tion. Looking at the ' Baronetage' at Sydney he would at once find 
 that the only daughter of Sir Edward Doughty, Katherine Doughty, 
 had married Mr. Percival liadclifte. That, of course, Avould afford 
 him information iipon that head, so that he would know enough to 
 ask, " How is Percival Iladcliffe ?" although it might be a somewhat 
 remarkable question, inasmuch as he had not seen Percival Radcliffe 
 from the beginning of the year 1848, and therefore could not feel any 
 particular interest in the health of that gentleman. 
 
 Now comes a very remarkable answer, if Mr. Gosford is correct. 
 He is asked : " Was Canterbury made the subject of the conver- 
 sation? — Yes. He was silent as we came along half the distance, 
 and I kept thinking, and at last Canterbury came into my mind, 
 and I said, ' By-the-by, you were quartered once in this county,' 
 and he said ' No,' and I said ' Why don't you remember Canterbury?' 
 and he said ' Yes ; but I had forgotten Canterbury was in Kent.' " 
 Well, most people know that Canterbury is in Kent, whether 
 they have been quartered there or not, but that a man avIio had 
 been quartered there for many months should not know it, would 
 certainly be somewhat striking. Then Mr. Hawkins says : " Was 
 there anything more about it? — Then I think I asked him about 
 Ireland. I am not quite sure whether the previous conversation 
 about his regiment had not occurred in the hotel, but it was either 
 in the can-iage or in the hotel ; and I asked him where he was 
 quartered in Ireland, and he said ' Dublin,' and I said ' Where else ?' 
 and he could not remember anywhere else, and I thought of that 
 accident to his groom at Cahir ; and I said, ' Don't you remember 
 anywhere else ?' and pressed him, and then he said ' At the Curragh 
 of Kildare ;' — those Avere the very words he uttered ; and I recollected 
 in my own mind that the Curragh never had been formed in those 
 days, nor was it. The Carabineers might have been quartered in 
 Newbridge, but whether they were or not I do not know." Here, 
 again, we have a staggering fact if that answer was made. For the 
 Curragh of Kildare Avas not adopted as a place for the training of 
 troops until some time after Roger went away. But the learned counsel 
 suggested that the Carabineers might have been exercised on the 
 Curragh of Kildare, the Curragh being in the vicinity of NcAvbridge, 
 a place at Avhich, even before the formation of the Cui-ragh of Kildare 
 for military purposes, a cavalry regiment was fi-equently stationed. 
 Yes, no doubt, if the Carabineers were stationed at NcAvbridge or 
 anywhere in the neighl)ourhood ; but Ave knoAv Avhere the Carabineers 
 were stationed during the Avhole time Roger Avas in the regiment.
 
 ( 600 ) 
 
 and they never were at Newbridge, and therefore could not have exer- 
 cised on the Curragh of Kildare ; and the Ciu'ragh, used like Aldershot 
 in this country, for the purpose of a camp, was not formed and so used 
 until after Roger had entirely left the army and England. So that if 
 the defendant said the "Curragh of Kildare" it must have been that 
 he had seen that the Curragh was a place where troops were encamped 
 and exercised, and he must have said it on the supposition that the 
 Curragh had been used for that purpose at an earlier period. Then 
 Mr. Gosford is asked : " Did you speak at all of the name of the 
 colonel ? — Yes, I asked him vvhether he remembered the name of the 
 colonel, because I remembered the name of Colonel Jackson ; that 
 made me ask the question ; but he did not remember, and could not 
 give me any name. Mr. Hawkins : When you asked the name of the 
 colonel what did he say ?— -He said he could not remember ; he gave 
 me no name, and I gave him none. Q. Do you remember his re- 
 ferring to any accident that had happened in Ireland about one of his 
 horses ? — Yes, I asked him" — now this is very important, because this 
 incident is one of the things which several of the Carabineers put to 
 him, and his answer as to which convinced them that he was Hoger 
 Tichborne — " I asked him if he remembered anything happening on 
 the occasion of his charger running away, because I had that incident 
 of poor Clark in my memory at the time, and he could not give any 
 answer. He did not recollect anything. Q. Are you sure you used 
 the word charger ? — Quite sure ; I am certain I used that, because 
 it was ahvays described as his charger in Roger's letters, and in any 
 mention of the circumstance. Q. He could not remember anything 
 of it? — He could not remember anything whatever. Q. He said 
 so? — Yes, he could not remember; that is Avhat he said to most 
 things. I did not relate that circumstance to him either." 
 
 So much for the questions put by Mr. Gosford ; the next thing is 
 a question put by the defendant himself: Mr. Gosford says, " He 
 asked me if I remembered the grey pony his micle used to drive. 
 That made an impression on me. Q. What did you say to that ? — 
 I said 'I do not remember it;' I did not enlighten him about the 
 pony. That subject dropped ; almost every topic was brief — question 
 and answer. Q. You told me, speaking of Etheridge's cats, that that 
 had been mentioned to you by another person ? — Yes. Q. Had the 
 grey pony been mentioned by another person ? — Yes, both that and 
 the cats; and that very thing struck me when the defendant here 
 asked me first the same questions." Then I asked : " Who was the 
 person who had mentioned that to you ? — Bogle, my Lord, at Ford's 
 Hotel, when I questioned him about the incidents of the voyage." 
 Then my Brother Mellor says: "He mentioned the cat? — Yes; 
 Bogle told me he often mentioned my name on the voyage, and that 
 he remembered worrying Etheridge's cats." Q. He said it had been
 
 ( (501 ) 
 
 mentioned frequently on the voyage ? — Yes. Q. By whom ? — My 
 name had by the defendant ; wlien I questioned him about whether 
 he had talked much to him, he said he fi'equently mentioned my 
 name, and he remembered the incident of worrying Etheridge's cats. 
 Q. He had mentioned this on the voyage ? — Yes." Then my Brother 
 Lush says : " And so about the grey pony ? — And so about the grey 
 pony ; that made a great impression on my mind. All these 
 questions were volunteered by the defendant." Now Bogle told us 
 that he had no conversation with the defendant on the voyage home. 
 If Mr. Gosford is right, Bogle could not have told us the truth in 
 that particular ; and I cannot help saying I think it seems highly 
 improbable than that, coming home all the way from Sydney to 
 Panama, many thousands of miles, and staying at Panama for a 
 month, and coming from Panama to New York, and staying at New 
 York a month, and coming from New York to England, Bogle and 
 the defendant should not have had conversation about Tichborne 
 and former times. It certainly strikes me as singularly improbable. 
 Then the Avitness is further asked : " Do you remember anything 
 being said about leave-taking before he Avent aboard? — Yes, that 
 was another thing that struck me. Pie said, ' Do you remem- 
 ber my going over with you to Tichborne to take leave of my 
 uncle and aunt before I left?' The Lord Chief Justice: "The 
 defendant said that ? — Yes, the defendant said that." Gentlemen, I 
 was very much struck by that statement, and I cannot help being so 
 now, because, having carefully perused Roger's letters, I know very 
 well that he did not go to Tichborne to take leave. I remember that 
 in one of his last letters to Mr. Gosford before leaving England, he 
 said in substance — I have not the letter at hand, and do not remem- 
 ber the precise words — " My aunt is pressing me to come and see my 
 uncle" — at that time his uncle was desperately ill, and in fact died 
 soon afterwards — " but I won't go ; she is going to take my cousin to 
 Wardour, in order that I may not see her when I go to Tichborne, 
 and under those circumstances I will not go." You will remember our 
 discussing that as one of the things in Roger's character that made 
 against him — that althouo;h his uncle had been a second father to 
 him, and he knew he was dying, he was in so sullen a temper about 
 being kept from seeing his cousin that he would not go and say a 
 last farewell to the uncle whom he was never to see again. The 
 witness continues : " I said, 'I do not remember,' because it Avas fully 
 in my memory that he did not come. Q. You knew he had not 
 come ? — I knew he had not, but I did not give him a flat contra- 
 diction. I said, 'I do not remember,' because I carried out the idea I 
 had formed all through, that I would hear the whole of what he had to 
 say. There was another question he asked me just at the same time. 
 He volunteered that, too. He said, ' You remember that man that
 
 ( G02 ) 
 
 used to come over from Winchester to clean the pictures?' It 
 occurred to me immediately who he meant, and I said, ' What is his 
 name ? ' and he could not remember his name, but said it was a one- 
 eyed man that used to come over from Winchester. That fixed 
 itself very strongly in my memory. He made a further remark at the 
 same time about Southampton. He said, ' You remember coming 
 down to Southampton with me to see me on board ? ' and I said ' No ; 
 I did not go Avith you to see you on board.' I contradicted him there, 
 on which he said, ' Do not you remember my giving the priest there 
 some silver for the poor before I went away ? ' I said, ' No, I was 
 not there.' I am not quite sure he did not mention the name of the 
 priest. Q. You are not sure about that ? — No : I think he did, but 
 as I am not quite sure perhaps I had better not say it : I know who 
 the priest was. Q. Do you remember any other conversation before 
 you arrived at the station ? — I do not just at the moment. Q. Now 
 during that time did you notice at all, in the course of this conversa- 
 tion, the mode in which any of his words Avere pronounced? — Oh, 
 yes ; his language was constantly just the language one hears 
 amongst workmen, such as ' I 'eered ' so and so, and expressions like 
 that, and his mode of expressing himself altogether Avas that of a 
 person of very low station — of very low associates." 
 
 Such is Mr. Gosford's account of that interview, and Avhat passed 
 at it. For the reasons I have pointed out to you the evidence is 
 important, if you can place perfect reliance upon it; but we are 
 bound to hear what the defendant has to say with reference to the 
 conversation at this intervicAv, because, in anticipation of Mr. Gos- 
 ford being afterwards called, he was cross-examined as to it : " Did 
 Mr. Gosford and you talk about Tichborne? — We did. Q. Did 
 you say you had been to Tichborne, and that Mr. Ho]okins and 
 Mr. Lipscombe had recognised you ? — I did not. Q. Mr. Hopkins 
 from a window ? — I did not ; hoAv could I have said that ? I had 
 not seen Mr. Lipscombe up to that time. Q. Did INIr. Gosford ask 
 you if you recollected riding with him on one occasion, and your 
 horse running aAvay with you ? — Well, I do not recollect. Q. And 
 did you say you could not remember anything about it ? — I cannot 
 say I recollect Avhat the general conversation Avas : All I knoAV 
 is this" — Then the Solicitor-General interposes, and says, "I 
 am putting particidar things to you. Did he ask you, ' How 
 is it that you haA^e not called on any of your relations?' — Pie 
 did not. Q. Did he say, ' Hoav is it you have not called upon the 
 Seymour family?' — He did not. Q. Did he say, ' Do you recollect 
 Mrs. Townley?' — He never mentioned Mrs. ToAvnley's name. 
 Q. And did you say, 'No, I do not remember Mrs. ToAvnley ? ' — No. 
 Q. Did he ask you why you had not been to see Lady Doughty ? — 
 He did not. Q. Did Mr. Gosford say anything to you about
 
 ( 603 ) 
 
 Upton ? — Yes, I think wc had some conversation about Upton. 
 Q. Did he say to you, ' I suppose you remember the island at 
 Upton?' and did you say 'No'? — Kemember what? Q. The 
 island at Upton?— He never spoke of the island at Upton. Q. I 
 am putting it to you, the island at Upton ? — Yes, I know what 
 island you mean. Q. In connection with Upton ? — Yes," — there is 
 a blank in the printed evidence here, some island — " I know what 
 you mean : we mean the same thing. Q. Did he ask you whether 
 you recollected the island? — He did not. Q. And did you say 
 
 * No ' ? — He never spoke of the island at all ? Q. Did he say to you, 
 
 * Cannot you recollect a particular thing that happened about the 
 island ;' and did you say ' No'? — I have no recollection of his speak- 
 ing of the island at all, and I do not think he did. Q. You do not 
 think he did ? — I am sure he did not. Q. Did he ask you Avhether 
 you recollected Mr. Slaughter? — Yes, I think he did speak of 
 Mr. Slaughter. Q. He did mention Mr. Slaughter? — Yes. Q. And 
 did you say ' No ? ' — I certainly did not. Q. Did he then say, ' Do 
 you recollect Mr. Cullington,' and did you say, ' Oh, yes, I remem- 
 ber Mr. Cullington'? — I certainly did not, because I had ascertained 
 in London before that, that Mr. Slaughter was dead, or otherwise I 
 should have gone directly to him, but not knowing Mr. Cullington 
 is the reason why I did not go." Then there are two or three 
 questions about that, and then — " However, you did not go to him ? 
 — I did not. Q. How did you ascertain that Mr. Slaughter was 
 dead, and that Mr. Cullington was his successor ? — Mr. Rous told 
 me, I think. Q. Do you recollect his sajang to you anything about 
 a horse ? Do you recollect his asking you whether you remembered 
 a horse that you had left with him ? — Yes. Q. And did you say 
 'No'? — No, I certainly did not say 'No.' Q. Did he ask you 
 about your will ? — Do not let us go from the horse ; when he spoke 
 about the horse I said ' Yes ; ' and I can tell you the last Avords I 
 spoke to him about that horse, and that was if I should not come 
 back for seven years he was not to part Avith him ; those were my 
 last words to Mr. Gosford." Unfortunately Mr. Gosford was not 
 asked as to that particular passage. " Q. Did he then say, ' By-the- 
 way, you recollect your Avill, you remember who made your will ? ' 
 Did he say that to you ? — He spoke about the will, and we conversed 
 about the will. Q. Did he ask you who made it ? — No, he did not ; 
 but I said, ' By-the-by, speaking of the will, avIio was it proved 
 my death, because,' I said, ' I cannot understand how any one 
 could go and swear.' Q. Before you go to your OAvn account, just tell 
 me whether he asked you whether you remembered who made your 
 m^lU ? — No, he did not. Q. Did he press you about the will, and say, 
 ' Surely, you can recollect who made your Avill ;' and did you say, 'Oh, 
 Mr. Hopkins, of course ? ' — I did not. Q. Nothing of that sort ? —
 
 ( 604 ) 
 
 No, he asked me several questions about the contents of the will, 
 which I answered ; and then I asked him who it was that had 
 proved my will, and he said he did not know. I said, ' What, do 
 you mean to tell me, as executor to the will, you do not know who 
 proved it?' and he said he did not; and the next day at Doctors' 
 Commons, I went with Mr. Holmes and another gentleman, and to 
 my great surprise I found it Avas Mr. Gosford himself avIio had 
 proved it. Q. Well, he Avas the executor? — Yes. Q. Do you 
 mean to say Mr. Gosford told you, the will having been proved, 
 that he did not know avIio proved it ? — I mean to say Mr. Gosford 
 told me, and I positively swear it, that he knew not who had proved 
 my death. Q. I do not Avant to catch you, but death is different 
 from Avill ? — Well, I mean that. Q. He said he did not knoAv aa^io had 
 proved the Avill? — Yes, those AA^ere his Avords. Q. He being the 
 executor ? — He being the executor ; I had not spoken to Mr. Holmes 
 anything about the Avill. Q. Will you undertake to SAvear you did 
 not at that intervicAv, Avhen pressed by him to the effect, ' Surely 
 you can recollect Avho made your Avill ? ' Avill you undertake to say 
 you did not ansAver him, ' Why, Mr. Hopkins, of course?' — I Avill 
 undertake to SAvear he never asked me a question. Q. Was Mr. 
 Hopkins' name mentioned betAveen you ? — Oh, very possibly it Avas. 
 Q. In connection Avitli the Avill ? — I think not. Q. Will you SAvear 
 it Avas not ? — Yes, I Avill SAvear it Avas not mentioned in connection 
 with the Avill. Q. You Avill SAvear you did not say to him, ' Hop- 
 kins, of course,' in ansAver to some question, put in some form, as to 
 Avho made your Avill? — No, I did not. Q. Eh? — I did not say 
 ' Hopkins.'" Gentlemen, as to this you must judge betAveen the 
 two ; they are directly at issue, and one or the other must be SAvearing 
 falsely. 
 
 Then he is further asked about Etheridge : " You told us yesterday 
 about Etheridge and the cat. Do you recollect saying anything 
 about Etheridge and the cat to Mr. Gosford ? — No ; Etheridge and 
 the cat w^as not mentioned to Mr. Gosford. Q. Did he ask you the 
 names of your dogs? — I cannot say AAdiether he did or not. Q. Could 
 you tell him ? — Yes, I should think there is no doubt I could tell 
 him. Q. Could you ? — I do not remember the question being asked. 
 Q. I am just going to ask: did not he ask you the names of your dogs, 
 the names you have since told us, and did not you say you could not 
 remember them ? — I think not ; I have no recollection of him asking 
 the question. Q. But you Avill not go beyond that? — No ; it is im- 
 possible for me to tell you the Avhole of the conversation that passed 
 in about three and a half hours. Q. Did you give him either of 
 those dogs, or ever give him a dog at all ? — Yes, 1 did ; I gaA^e him 
 a little rough-haired bitch, just before I Avent aAvay ; none of the 
 dogs mentioned up to the present date ; I have never thought of it
 
 ( G05 ) 
 
 until yon have noAV asked me the question. Q. ' A little rough- 
 haired bitch, just before 1 Avent away.' AVhat was its name, do you 
 remember ? — liufF. Q. A little rough-haired bitch ; that you are 
 sure? — That I am positive of; yes. Q. Do you recollect saying to 
 him, ' You recollect that grey pony my uncle used to drive ?' — Grey 
 what? Q. ' You recollect that grey pony my uncle used to drive?' 
 — No, I never said anything about a grey pony; I never recollect 
 my uncle driving a grey pony. Q. Did you say to him, ' You 
 remember that grey pony my uncle used to drive ? ' — No, I did not. 
 Q. Did he say, ' I do not,' and did you say then, ' Yes, but he did,' 
 or persist in it, and did Mr. Gosford say still, ' Well, I do not recol- 
 lect it ; it may have been so,' or something to that effect, ' but I do 
 not recollect it ? ' — No, not at all ; the grey pony I asked him about 
 was Alfi-ed's grey pony, the one that Mr. Seymour gave him ; I 
 asked what had become of him. Q. What had become of him, did 
 you? — Yes. Q. Then you are sure he did not deny recollecting 
 anything about a grey pony that your uncle, that is. Sir Edward 
 Doughty, I suppose, had driven, and you persisted in saying there 
 was such a grey pony, and he persisted in saying there might have 
 been, but he did not recollect it ? — No. Q. Did you then turn to 
 him and say, 'How is Percival?' — Percival ! Percival ! who's he? 
 Q. That is the question I was going to ask you : did you say, ' How 
 is Percival?' — No, certainly not : I never asked him the question. 
 Q. Did he say, ' Well, he is quite well?' — No, I never knew any 
 one of the name of Percival that I know of; I do not recollect any 
 one of the name of Percival. There is Percival lladcliff'e, but I did 
 not know him. I know Mr. liadcliffe's name was Percival, but I 
 did not know it then." 
 
 He is next asked as to the conversation in the railway carriage. 
 " Do you recollect Canterbury being mentioned, and his asking you, 
 'Do you recollect being quartered in this county?' — What county? 
 Q. When you were coming from Gravesend to London, you would 
 have been most part of the time in Kent, you knoAv ? — No, I do not 
 recollect him asking. Q. And did you say, ' No, I do not remember 
 it,' and did he say, ' Why, surely you remember Canterbury ?' — He 
 did not. Q. And did you say, ' Yes, but I did not know Canter- 
 bury was in Kent ? ' — Well, certainly, I did not say that. Q. Well, 
 but you might have forgotten it ? — No, I did not forget that. Q. Did 
 he ask you Avhere you were quartered in Ireland?— I do not think he 
 spoke about Ireland : I have no recollection of it. Q. Did he ask 
 you Avhere you were quartered in Ireland, and did you say in 
 answer, ' Well, I was a good deal in Dublin?' — Probably if he had 
 asked me I should have made that remark. Q. And did he say, 
 ' Where else in Ireland besides Dublin?' — I do not remember his 
 speaking of Ireland at all. Q. And did you say, 'At the Curragh
 
 ( GOG ) 
 
 of Kildarc ?' — No, I certainly did not. Q. Did he press yon a good 
 deal abont Ireland ? — No, I do not remember. Q. Conld you give 
 him any other names but Dublin and the Cnrragh of Kildare ? — I 
 do not remember him speaking of Ireland at all. Q. I suggest to 
 you he spoke to you a good deal about Ireland ? — I deny that to be 
 the case. Q. And you said you had been a good deal in Dublin and 
 the Curragh of Kildare ; is that true ? — No, it is not true. Q. Did 
 you mention anything about Ireland to him, to the best of your recol- 
 lection? — No, I have no recollection of Ireland being spoken about 
 at all. Q. Did he ask you the name of your colonel ? — No, he did 
 not. Q. Could you tell him the name of your colonel ? — I could 
 have done so if he had asked me. Q. But do you recollect his ask- 
 ing you ? — I do not recollect his asking me. Q. Did he ask you at 
 all about your life in the army ? — I think not. Q. You think not ? 
 — No, I do not think he did. Q. I ask you whether he did not ask 
 you whether you could give him the name of your colonel, your com- 
 manding officer ? — No, he did not. Q. And whether you were not 
 imable to give it to him ? — No, it is certainly not the case. Q. Did 
 he ask you whether you recollected anything particular about a horse 
 running away ? — Where, at Tichborne ? Q. No, a horse running 
 away while you were in Ireland in the regiment ? — No, he did not 
 speak about Ireland. Q. Did you say you could not recollect? — I 
 did not. Q. Did you say that Moore left you at Monte Video? — 
 No, I certainly did not. Q. Did he ask you whether you recollected 
 sending him a quantity of packages from South America? — Sending 
 who ? Q. Sending Mr. Gosford ? — Yes. Q. He did ask you that ? 
 No, I asked him. Q. Did he ask you whether you recollected send- 
 ing him a quantity of packages from South Australia ? — No, I think 
 it was the other way ; I think I told him. Q. And did you say you 
 did not remember it? — No, I did not. Q. Did he ask you how 
 you got from Chili to Rio? — He did not. Q. And did you say, 
 ' Why, by ship of course ? ' — I did not." And then he adds : " It 
 appears to me it is a very fortunate thing that some one was in the 
 railway carriage at the time." Well, that some one else who was in 
 the carriage at the time was Mr. Holmes. Neither party has thought 
 proper to piit Mr. Holmes into the Avitness-box, otherwise Mr. Holmes 
 could have told us on which side the truth lay as to this conversation 
 which I am sure you will think very material to the present inquiry. 
 It stands therefore, gentlemen, on the conflict of evidence between 
 Mr. Gosford and the defendant. Strong observations, cruel observa- 
 tions, have been made about Mr. Gosford. Mr. Gosford no doubt 
 stands in a painful position. He was the steward of this estate ; he 
 is indebted in several thousand pounds to it, and that appears to 
 have arisen principally from the loose way of keeping the accounts 
 between the steward and the estate. He was allowed to carry every-
 
 ( G07 ) 
 
 tiling to his own private account with the local banker in the 
 country. lie entered into speculations — I mean in agricultural 
 aifairs — which turned out unfortunate. Ilis credit was suddenly 
 stopped by the bankers, who had previously allowed him to overdraw 
 his account, and it turned out that he was unable to satisfy his debt 
 to the estate. That is a painful position for a man to find himself 
 placed in, not only because he owes a large sum which he cannot 
 pay, but because that debt arises from dealing Avith the money 
 which he received as steward, in trust for his employer, in an 
 irregidar and certainly an improper manner. But when the learned 
 counsel asked you to look u])on him as a felon — for that was the 
 term he used — as having been guilty of embezzlement, and further 
 suggested that he had given false evidence against the defendant 
 because his testimony had been bought in consideration of his not 
 being prosecuted by those to whom he was indebted ; and that under 
 the influence of this motive, instead of accepting the defendant, he 
 denounces him as an impostor, and comes here to SAvear things 
 against him Avhich are untrue, I cannot help thinking that you 
 must have shared in the indignation — the just and honest indig- 
 nation — Avhich I know we upon this Bench, and I doubt not every 
 right-minded person Avho heard those imputations made, naturally 
 felt, at charges so unjust and so unworthy as coming from a gen- 
 tleman of the bar. Mr. Gosford may have been mistaken as to the 
 identity of the defendant ; but he came away Avith a conviction that 
 the defendant Avas not lloger Tichborne. Whether that conviction 
 Avas right or not it is for you, upon a rcAacAv of all the circumstances 
 of this case, to form your judgment. Mr. Gosford may have been 
 mistaken, but to suppose that under the influence of so base and 
 wicked a motive as that Avliich has been suggested, he comes here to 
 swear falsely upon his oath, is, I cannot help thinking, a Aery unjust 
 and improper imputation to make against him. One thing I think is 
 perfectly clear, and that is, that Mr. Gosford's interest was to find 
 Koger in the defendant if he possibly could. He Avas in difficulties ; 
 he OAved money he could not pay ; he knew perfectly well that if he 
 ever was in a position to pay, the trustees imder the Avill Avould be 
 bound and compelled to force him to pay ; but if lloger came back, 
 the estates would be his, and there Avould be an end of all the ti'usts. 
 If there Avere any debt to the estate, it Avould be a debt to him ; and 
 his old confidential fi-iend to Avhom he had trusted every secret of his 
 heart, and Avith whom he had been on such terms of unreserved 
 intimacy and friendship, might naturally expect that from Rogei', if 
 he could find him and acknowledge him, he Avould receive an absolute 
 and unconditional remission of everything that he might OAve, or at 
 all events, such facilities for its payment as would relieve him from 
 the distressing position in Avhich he was placed ; besides Avhich, he
 
 ( G08 ) 
 
 "would in all probability be restored to his post as steward, and instead 
 of being Avitliout employment — almost without subsistence — ha\'ing 
 been living on the support of his friends — he would have been restored 
 to the employment he had occupied before, and which, if not a lucra- 
 tive one, was still such as would satisfy his wants. That that was the 
 feeling of his wife there can be no question from the letter written 
 by herself which Avas put in. The rest of the correspondence be- 
 tween them was stopped — unfortunately, as otherwise Ave should 
 have got to the bottom of this domestic confidence, and should ha\^e 
 knoAvn A\'hat Avere the feelinc-s and Avishes of the Gosfords Avith 
 reference to Roger Tichborne's return. We have no letters AArritten 
 after the second intervicAV. They Averc excluded as not being strictly 
 admissible. The learned counsel for the defendant let in this one, on 
 account of the observations in it relatiA^e to the handAvriting, but dis- 
 ingenuously stopped the rest. She writes : " My dearest Hub, I Avas 
 indeed thankful to get your letter last night by George Avhen he re- 
 turned from meetino- the eAxnine; train AAdiich I sent him to as Avell as 
 the morning one. Our post never came in until the middle of dinner, 
 and then seeing no letter AA^orried me much, dreading accidents Avith 
 the wild weather Ave had, and the stoppages in all directions. You 
 have not told me a single thing which induces me to believe this Sir 
 Roger an impostor, but it is most trying not to be able to settle the 
 point one Avay or the other. Why did you not go alone to Graves- 
 end ? " — She felt, you see, the imprudence and perhaps the impro- 
 priety of taking doAvn an attorney and a stranger, Avhen, if he had 
 gone alone he might haA^e had a quiet intervicAV — " I can quite fancy 
 Sir Roger Avishing for some time to keep quiet and prcA^ent a lot of 
 inquisitive people from bothering him Avho Avould only haunt him out of 
 curiosity — he has a great deal to inquire about, and from being so long 
 completely out of the Avorld of England, feels at a loss in many ways" 
 — She is trying to reconcile herself to this concealment and secrecy 
 which was one of her husband's reasons for concluding that the defendant 
 was not Roger — " It is just like that Cullington," she says, " sticking 
 his nose into everything. I cannot yet think so badly of poor old Bogle. 
 You see you have decided in your mind that it cant be Sir Roger 
 and you look at CA'erything under this belief — instead of balancing 
 both sides of the question equally. Did yoii get the letter he said he 
 posted for you in Cannon Street ? The Avriting is decidedly like his 
 in the note you sent me — the signature perfect." — Mr. Gosford had 
 sent her some of the handwriting to look at, and she is quite satisfied 
 that it is Roger's. Nothing could show more strongly the great 
 anxiety of this lady to find Roger Tichborne in the defendant ; for 
 if there is anything clear and certain in this case, it is that there is 
 not the faintest trace of resemblance betAveen the signature of the 
 defendant and that of the undoubted Roger Tichborne. It Avould
 
 ( 609 ) 
 
 scarcely be possible for two writings of the same name to be more 
 dissimilar — She continues : " Do have a -private intervieio and don't 
 decide that it is not him till you have done so. You could easily 
 manage it quietly through old Bogle. I shall not at all expect you 
 to morrow^, and trust indeed that you will not come till you have 
 established the truth or falsehood of the case completely. I sent a 
 note to Sir Pyers, who is much interested, as is everybody else here. 
 I cannot sleep at night for thinking of it." It is quite clear which 
 way her feelings and ■wishes pointed. Then there are things con- 
 nected Avith domestic matters which I pass over as being qiute foreign 
 to this case. Dr. Kenealy made the most of what she had written 
 about the handwriting. He asks her on cross-examination, " Do you 
 know the handwriting of Roger Tichborne well ? — I had not seen it 
 then for years ; my recollection of it was that it was a very great 
 scraAvl, and I had great difficidty in making it out, but on comparison 
 afterwards I found it was very unlike indeed. Q. But at first you 
 expressed your opinion? — I was so willing to believe it was poor 
 Roger, that I was anxious my husband should find out all about it." 
 Then I say : " Your inclination, as I understand, was all one way ? — 
 It was, my lord, at first." Gentlemen, you must deal with this 
 matter, but to me it seems very plain that Mr. Gosford's interest was 
 in the same direction that his wife felt it was, and in the same 
 direction that her wishes e\adently pointed to. What if Gosford had 
 said, " Well, you are my old friend Roger : I will tell you how I am 
 circumstanced, and I trust to you to set me straight with the Avorld." 
 I cannot help strongly suspecting what the answer would have been. 
 AVhat do you think ? Do you think the defendant, if Mr. Gosford 
 had been willing to range himself on his side, would not gladly, 
 whether Roger or not, have said, " I accept you as my old friend, and 
 I shall replace you in the position you woidd have occupied if I had 
 not gone away." My Learned Brother Lush suggests to me, and it 
 is an observation I ought to have made to you, of what immense 
 importance it was to the defendant, that Mr. Gosford should range 
 himself on his side. If the confidential steward, the friend, the 
 confidant, the man to whom he had unreservedly unbosomed himself 
 on every possible subject, who knew Roger better than anybody else 
 on the face of the earth, so far as the interior of Roger was concerned 
 — if that man had said, " This is Roger Tichborne," imagine the 
 tower of strenp-th which that Avould at once have raised in favour of 
 the defendant. Mr. Gosford might, therefore, well expect every 
 possible advantage to accrue to himself fi-om acknowledging the 
 defendant, and if he had been determined in his course of conduct, 
 either in accepting or denying the defendant as Roger, by a vicAV to 
 his own advantage, his interest obviously lay in accepting and 
 
 R R
 
 ( GIO ) 
 
 admitting tlie identity, ratlier tlian in declaring himself in favour of 
 the other side ? 
 
 Thus ended the interview with Mr. Gosford, and the defendant, 
 having left Gravesend and gone to London, writes on the 9th of 
 January this account of it to Lady Tichborne. " International Hotel 
 (late Terminus) London Bridge S.E., Jan. 9th 1867. Dear and 
 Beloved mamma I am here and am prevented by circumstance from 
 coming to see you. do come over and see me. at once, and I Avill not 
 go out of the Hotel until you come. I have been down to tichborne. 
 and had a look at the dear old place once more, and it made my 
 heart bleed to look at the distruckion there has been made there." — ■ 
 he had not seen it, you know, because the destruction was inside the 
 house ; he must have learnt it from some outward source, — " but has 
 my poor Brother is dead we will not mension that subject again, let 
 the past be past and no more about it. I have seen Mr. Gosford. he 
 seems very much change to Avhat he use to be. he came down in the 
 train from Gravesend last night. I had a long talk with him. and he 
 seemes to deny every thing i put him in mind of. He says he do not 
 remember me coming down in the coach from London with me to 
 tichborne. I had a hour conversation Avith him about different 
 things Mamma that no body in the world could have told him but me. 
 I even told him under Avhat circumstance Moore came left me. You 
 must remember Mamma i wrote to him from allmost every place, a 
 Cullington and a lot more would insist on seeing me at Gravesend 
 when they came, and because i did not wish to see them until i had 
 seen you they where very angry. Oh do come at once to the hotel 
 mamma, and I will not go out until you come Everything will be 
 explained when you come, it dangerous for me to go out. has some 
 of the Bills i drew in Sydney are due and i believe they intend to 
 arrest me. if i attemp to leave England, so do come at once mamma. 
 I did not receve an answer to the telegram i sent from new york." — 
 both words with small letters — " Hoping i will not have to wait long 
 before i see you, I remain your ever affectionate" — then in one line — 
 " Son, R. C. Tichborne." There are twenty-two printed lines in 
 that letter, and there are nine small i's, seven mis-spellings, eight 
 mistakes in grammar, and five names of places written with small 
 letters, where they should be large. That letter is written on the 
 9th, and in it you see he presses Lady Tichborne strongly to come 
 over, saying that circumstances prevent his coming to Paris. Why 
 that letter should have been written on the 9th, pressing her to come 
 over, seeing that he started for Paris on the next day, the 10th, I do 
 not knoAV. He takes care to tell her he has been down to Alresford 
 to look at " the dear old place." "Whether it was that at this time he 
 was knowTi to have been to Alresford, and it might strike her as odd
 
 ( oil ) 
 
 that he had been there instead of coming at once to Paris, I do not 
 know. Mr. Bowker had become aware of it, having been told by the 
 secretary, and very likely might have informed her; and it might 
 seem strange to the mother that he should go down there first. 
 Therefore he mentions it in his letter, and ascribes it to a sort of 
 yearning to see what he calls " the dear old place " once more. I do 
 not know whether that was the motive for writins; this letter in Avhich 
 he says he cannot come over, and begs her to come, when he is 
 about to start to go to her the very next day. 
 
 The time had certainly come for his going to Lady Tichborue at 
 Paris, as he had been in England since the 25th of December. 
 Lady Tichbome being anxiously waiting for him in Paris, it was not 
 possible to delay his departure on his visit to her any longer, and on 
 the 10th he starts, and arrives in the evening at Paris. Now he was 
 accepted, as we know, by Lady Tichborne on his arrival, in an 
 interview to which I shall call yoiu* attention presently. But it may 
 be as well, before we come to their first meeting, just to consider the 
 frame of mind in which Lady Tichbome was at the time she first 
 saw him. A great deal, of course, has been made of her acknow- 
 ledgment of him as her son ; and one cannot quarrel with the counsel 
 for the defendant in making that the head and front of his battle. 
 Recognition by the mother Avould outweigh the omission of a host of 
 Avitnesses to find, in the defendant, the real Roger. If you want to 
 express the change in a person's appearance in the strongest possible 
 form, you resort to the popular expression, " He is so changed that 
 his OAvn mother would not know him again." And you cannot 
 estimate too highly the authority which a mother's decision in such 
 a matter ought to carry with it. But, as I said the other day, there 
 is no rule so absolute but that it may admit of an exception ; and 
 the question is whether Ave shall find such an exception here. Now 
 when I admit, to the full, the authority which a mother's recognition 
 of a child ought to carry with it, let me say I am not to be misled by 
 any idle declamation about a mother's instinct. It is not like the 
 feeling that an animal has, and possibly the human animal may have, 
 for its new-bom child. When the instinct of a mother is thus spoken 
 of, it means something Avhich is independent of judgment; some 
 impulse of nature stronger than human judgment or human reason ; 
 something Avhich carries you irresistibly on to some particular thing. 
 But if a child Avere entirely separated from its mother immediately 
 upon, or very shortly after, its birth, and she did not see that child 
 again, do you suppose if tAventy years afterwards she met that child 
 in a croAvd she Avould be irresistibly moved by some internal impulse, 
 to throAv her arms round the neck of the man or woman, whichever 
 it might be, Avitli all the feelings of a mother ? Do you suppose if a 
 child is removed from the mother or father and brought up by the 
 
 R K 2
 
 ( C12 ) 
 
 grandmother, or grandfatlier, or uncle, or aunt, in another country, 
 that after years have passed the person who had the bringing up or 
 training of the child would not be a much better judge of its identity 
 than the father or mother to whom it owed its birth ? The know- 
 ledge of identity on the part of a parent is the result, not of any 
 natural impulse independent of observation and judgment, Avhereby a 
 mother is better able to recognise her child than anybody else Avould 
 be ; it arises from constantly seeing and watching the particular 
 individual, fl-om becoming familiarised by daily habit with everything 
 that appertains to personal identity — features, form, gestures, every- 
 thing which constitutes the sum total of identity. It is from being 
 familiarised with these more than anybody else can be that the father 
 or mother are best able to speak to the identity of the child. If a 
 son has lived much away from father or mother, if he has lived more 
 with others than with them, it may be that others may have quite as 
 much ability to judge of his identity as the father or mother would 
 have, perhaps even more. We must not, therefore, allow ourselves 
 to be carried away by declamatory commonplace about a mother's 
 instinct, but must look to see how far we can trust to the mother's 
 judgment. More especially if we find in the particular instance that 
 there has been some such strong bias as that we cannot rely on the 
 judgment of the parent, we must not allow the conviction which 
 every other fact and circumstance in the case would naturally tend to 
 engender in our minds to be overruled and overwhelmed by the flict 
 of a mother ha\dng said that a particular individual from Avliom she 
 had been parted a great many years Avas her son. We should 
 listen with all due respect to the opinion of the mother ; we should 
 take it as a circumstance calculated to weigh strongly in the one 
 scale ; but if our conviction, having taken into account the large 
 range and variety of facts which we know and which the mother did 
 not know, is that she must be AATong, no appeal that is made to your 
 feelings, or addressed to you in the name of the departed mother, 
 ought to influence your judgments. Take it as a most important 
 circumstance in the case, but not as conclusive, as the learned 
 counsel Avould make it. If it were so, Avhat need of all this long and 
 protracted inquiry ? 
 
 Gentlemen, let us now consider Avhether there were not several 
 things which ought to have made Lady Tichborne hesitate in 
 accepting the defendant as her son, eyen if the defendant, on his 
 appearance, had presented the outAvard and external appearance of 
 the son Avhom she had lost ? Were there not circumstances which 
 ought to have made her pause and hesitate, and certainly not decide 
 before she had an opportunity of asking, in the Avords of the 
 Pati-iarch, " Art thou my very son ?" Instead of which, long before 
 she had seen him, and Avith all these difficulties standing in her Avav,
 
 ( 613 ) 
 
 she declares that he is her son, and accepts him as such. Just let 
 us see what the circumstances were. There were, as she had learned 
 from the correspondence of Mr. Gibbes, various things which the 
 defendant had stated which were perfectly incompatible Avith the 
 memory of Roger. She had been told that he had said he had had 
 St. Vitus's dance. She knew perfectly well that Roger never had 
 had it. She knew that he had denied that he had ever been educated 
 at Stonyhurst; she knew that he had denied that he had been an 
 officer in the Carabineers ; she knew that he had said, in positive 
 contradiction of her statement that he had been so, that he had 
 enlisted as a private in some other regiment, a regiment which had 
 no existence. She knew that he had referred to his grandfather, 
 Avhereas he never could have known his grandfather. Surely those 
 were things which ought to have made her pause before she accepted 
 him as her son, not having, up to that time, seen him. As to these 
 things, you know there can be no doubt that he had made statements 
 inconsistent with the facts, irreconcilable with the recollection of 
 Roger. Furthermore there Avere two things he had spontaneously 
 referred to as proof to her of his identity : he had referred to the 
 brown mark, and the Brighton card case. Now with regard to 
 the first she knew perfectly well that she had never known, or seen, 
 or heard of a brown mark. She says so in distinct terms. He 
 might have such a mark, but she had never known it ; and, inas- 
 much as it is in the highest degree improbable that a child would 
 have a brown mark, such as the defendant is described to have, 
 Avithout the mother knoAving of such a thing, either by ocidar sight, 
 or by the nurse or nurses telling her, ought not that in itself to have 
 created very considerable doubt in the mind of Lady Tichborne ? 
 The brown mark, hoAvever, belongs to a different head of our inquiry. 
 1 do not now stop to inquire AAdiether he had a broAvn mark or not. 
 For our present purpose it is enough that having been referred to by 
 him as a proof of his identity, it Avas a thing altogether unknoAAOi to 
 her. 
 
 But it will be convenient at this stage of the inquiry to deal Avith 
 that remarkable circumstance of the Brighton card case, which, as you 
 know, the defendant referred to in his letter as a fact Avithin Lady 
 Tichborne's knoAvledge as Avell as his OAvn, and by Avhich she Avould be 
 able to knoAv that the person AA^iting to her Avas her son. Had the card 
 case any existence? If it had not, nothing can be more striking as 
 showing Lady Tichborne's fixed determination not to be driven by 
 any obstacles, let them be Avhat they might, fi-om the point Avhich 
 she so anxiously sought to establish in her OAvn mind, namely, that 
 the man who was coming home, and Avho professed to be her son, was 
 her son ? Is there any reality in this alleged Brighton card case ? or 
 Avas it a myth — a delusion from the beginning to the end? As Ave
 
 ( 614 ) 
 
 are coming to the recognition of the defendant by Lady Tichborne, 
 it seems to me that this Brighton card case is an all-important 
 element in deciding the question of whether that lady's judgment 
 ■\vas one upon Avhich we can place reliance, or whether, notwithstand- 
 ing the general authority of a mother's recognition of a son, we must 
 refuse to give that weight to it which has been so loudly claimed for 
 it in this case. Let me call attention to the circumstances of the 
 Brighton card case, and let us see whether there is any reality what- 
 ever in it. We must take the defendant's account of it, and he gives 
 it first in his examination-in-chief. Mr. Giffard, knowing perfectly 
 w^ell that in his first letter to his mother he had referred to the 
 Brighton card case as proof of his identity, is naturally led to ask 
 him about it. " Now do you remember an incident about a card 
 case ? Perhaps I had better ask you first — While you Avere away on 
 this leave of absence" — I should tell you that Mr. Giffard had been 
 examining him on a leave of absence which he had had at Canter- 
 bury, the last long leave of absence before he went away — He then 
 asks — " While you were away on this leave of absence, did you go to 
 Brighton at all ? — Yes, I did on one occasion ? Q. How was it you 
 came to go to Brighton ? I do not know whether you have said you 
 went to Goodwood ? — No, I did not say that. Q. Did you go to 
 Goodwood ? — I am not certain." Now it is quite certain that Roger 
 did not go to Goodwood, because while those races were going on he 
 ■writes from Canterbury, and says — you remember the letter — " Some 
 of us have got leave, and are gone to the Goodwood races." Now a 
 man who says " some of us are gone," and is writing himself fi'om 
 Canterbury, does not speak of himself as liaAang gone to Goodwood 
 races ; therefore I think we may be quite certain that Roger did not 
 go there in the year 1852. The examination continues: "I think 
 you say you did go to Brighton ? Do you remember how long you 
 were at Brighton ? — I was there about three days I think. Q. You 
 do not remember ? The Loud Chief Justice : Yes, he says 
 * About three days I think.' Mr. Giffard : I beg your pardon, I 
 not only did not hear but misheard : do you remember any incident 
 particidarly that gave rise to a discussion between you and j^our 
 mother afterwards ?— -Yes, I do. Q. What was that ?— I lost money 
 there, that was all. Q. You lost your money there ? Mr. Serjt. 
 Ballantine : Some money. The Lord Chief Justice : What ? 
 — I lost some money there, playing, that was all. Mr. Giffard : 
 How do you mean by playing ? — Playing cards. Q. With whom 
 were you playing cards, were they strangers or fi-iends ? — They were 
 strangers to me" — observe those words — " Do you remember at all 
 what sum of money it was ; about how much ; I do not Avant exactly ? 
 I think it Avas about 1,500/. Q. Had you any diihculty in paying 
 that sum ? -Yes, I had. Q. Hoav Avas it that that sum. Avas idti-
 
 ( 615 ) 
 
 mately paid ? — It was never all paid. Q. How came that to pass ? 
 
 — Well . The Lord Chief Justice : What did you say ? 
 
 There was some somid but not articulate ? — I did not speak, my lord, 
 yet. Mr. Giffaed : Was some of it paid ? — Yes, about 500Z. of it. 
 Q. 5001. of it was paid ? — I do not know the exact sum. Q. I was 
 going to ask about that ; who was it managed the matter, the pay- 
 ment ? — My mother got me the money. The Solicitor-General : 
 Did you say ' got ;' or ' gave '? The Lord Chief Justice : What 
 did you say? Be kind enough to repeat? — Got me the money. 
 Mr. Giffard : I thought it was ' got ' ; • My mother got me the 
 money :' Now upon her getting you the money, was there anything 
 that passed between you and her as to yom- playing cards again, any- 
 thing of that sort ? — Yes, she made me promise I would never play 
 cards again. Q. Was that a matter publicly known, or was it 
 hushed up as much as possible ? — It was hushed up as much as pos- 
 sible. Q. Who were the people with whom you were playing when 
 you lost your money ? — They Avere two men of the name of Broom, 
 and one man named Robins. The Solicitor-General : Roberts ? 
 — Robins. Mr. Giffard : Robins ; do you mean that Robins w^as 
 the name of one of the two Brooms, or "svas it another man ? — No, 
 another man, and there was another there called Ecclestone, or some 
 such name ; that man lived in St. Martin's Lane. Q. That man 
 lived in St. Martin's Lane, Ecclestone? — Ecclestone. Q. The 
 man whose name you think was Ecclestone, or something like it ? — 
 Yes, I know it was Ecclestone. Q. How came you to be playing 
 with these men, who were perfect strangers to you? —Well, I am not 
 sure ; I w^as a little the worse for liquor I think. Q. Where Avas it 
 that you had met them, or that they had met you ? — At the Bedford 
 Hotel. Q. You have told me that your mother got the money for 
 you, and of course she knew of that ti-ansaction ; did your father 
 know it ? — I believe he did aftenvards. Q. Eh ? — Yes, he knew of 
 it afterwards. Q. Do you know whether any of the servants kncAV 
 it or not ? — Well, I could not say Avhat they kncAv. Q. So far as 
 you knoAv, did anybody but yourself and your father and mother 
 know it? — I think it was a thing knoAvn generally in our OAvn 
 circle. The Lord Chief Justice : You think it was what ? 
 Mr. Giffard : You think it was a thing generally known in your 
 OAvn circle ? — Yes." Noav, on that I must observe that Ave have had 
 the Messrs. Seymour before us, and as far as their knowledge goes 
 they never heard a Avord about this card case ; therefore, if this is 
 meant to refer to the family in general, it is quite clear that the 
 statement is incorrect. If he means the circle limited to his own 
 father and mother that might possibly be. Noav, thus far you see 
 there is no mention of this transaction having occurred at the 
 Brighton races. It is merely put by Mr. Giffard as a circumstance
 
 ( 616 ) 
 
 which occurred in the course of the two months' leave he had prior 
 to his leaving the army, that having gone to Brighton, he there got 
 mixed up with these Brooms, Robins, and Ecclestone. They were 
 at the Bedford Hotel ; they played at cards, and he lost a consider- 
 able sum of money, amounting to some fifteen hundred pounds. 
 That was compromised ; his mother found and paid 500/. for him, 
 on his promising not to play at cards again, and there was an end of 
 the matter. It was hushed up generally, so far as the public Avere 
 concerned, but was known in his own circle, whatever the meaning 
 of that term and the sense in which he used it may be. But in cross- 
 examination a very different state of things is disclosed. " Let me 
 understand," says the Solicitor-General, " a little more about the 
 card case. I dare say it is my want of comprehension. What time 
 of the year Avas it that you say this loss of yours occurred ? First of 
 all in what year; 1852 ?— 1852. Q. What part of the year 1852 ?— 
 About September or October, I think; I am not certain to the 
 month" — We know pretty well where Roger was every day, and, as 
 far as our knoAvledge goes, he never was at Brighton at all ; there is 
 no trace of it in any of his letters — " Was it, at least, as late as that ? 
 — Yes, it was late in the year ; it might have been August; I can- 
 not say within a month. Q. What is your impression ? — It was one 
 of those three months. Q. But which, according to your impres- 
 sion ? — I cannot say which. Q. Have you not an impression ? It 
 is the one thing you pick out to identify yoiu'self by ; cannot you tell 
 me in what month it occurred? — No, I cannot say what month it 
 occurred. Q. I suppose it is the only time in your life you lost 
 1,500/. ? — WeU, I do not think it is. Q. You do not think it is the 
 only time in your life you lost 1,500/.? — No. Q. I mean at play? 
 — I know what you mean. Q. Then do I imderstand you to 
 swear you do not think it is the only time in yoiu' life you lost as 
 much as 1,500/. at cards? — Oh, at cards; yes, the only time I ever 
 lost 1,500/. at cards. Q. What distinction do you draAv between 
 cards and play — any ? — T should leave that for you to do. Q. Ex- 
 cuse me ; what do you mean ? You say it is not the only time 
 you lost 1,500/., you should think, at play, though it is the only 
 time you lost 1,500/. at cards; at Avhat other game have you 
 lost 1,500/., upon your oath? — I do not see why I shovdd tell you. 
 
 Q. That is for me to consider ; I ask yovi ? — I decline to answer. 
 
 Q. Answer the question? — I decline." Then the Lord Chief 
 Justice says : " On what ground do you decline ? — It has nothing 
 to do with the case. There can be no harm in your answering 
 it then ? — Yes, there might be harm in answering it. Q. What 
 harm do you suggest ? — I do not see why I should let the whole 
 public know what I have done during my life ; I do not think it 
 is fair, my Lord. The Lord Chief Justice : That is no ground
 
 ( 617 ) 
 
 for not answering the question. You must answer it, unless you 
 have any other objection." Then the Solicitor-General says: 
 "When in your life have you lost 1,500/. in any game, except on 
 this occasion ? — "Well, I have lost at my club. Q. What club ? — 
 The Junior Gun Club. Q. When ? — I do not know how long ago 
 it was. Q. Yes, 1,500/. ? — It miglit be eight or ten months ago." 
 This statement strikes one as startling, because we know that at this 
 time he was, or had been, living on the bounty of his mother, imless 
 indeed it may have been paid out of the money he raised — " Q. What 
 I want to know is, whether you ever, in 1866, Avhen you Avrote this 
 letter, had lost 1,500/. at any game of cards or not ? — You did not 
 put it in that way ; I could haA^e answered it very easily if you had. 
 Q. You misunderstood me, no doubt ; now do you understand me ? 
 — If you remember, you said in my life. Q. I am asking you to fix 
 the date ; remember hoAV I put the question ; I am asking you to fix 
 the date when you lost 1,500/. at cards, and I have remarked to you 
 that I presume you ncA^er lost 1,500/. except on this occasion, and 
 therefore you could tell me. You put upon me something that hap- 
 pened eight or ten months ago. If I am not sufficiently specific " 
 
 Then Mr. Serjeant Ballantine, ahvays ready, interposes and says, 
 "'In his life' AA^as the expression." "Oh," says the Solicitor- 
 General, " if you honestly misunderstood me." Mr. Serjeant 
 Ballantine, " That is what you said." The Solicitor-General : 
 '• Well, do not let us dispute : I meant before 1866 : if I misled 
 you I beg your pardon ; it is much shorter to put an end to it in 
 that way: noAv understand I mean before 1866; did you ever in your 
 life, before 1866, lose 1,500/. at any game of cards or otherAvise? — 
 Before that, no. Q. Then surely you can tell me Avhen you did lose 
 this 1,500/. ?— Well, I think I liaA^e told you. Q. No, you have not 
 indeed; cannot you give it me more precisely than that? — It was 
 the latter end of 1852." Mr. Serjeant Ballantine: "One of 
 three months." The Solicitor-General : " August, September, 
 or October ? you cannot give it more precisely ? — No, I cannot. 
 Q. I must trouble you to tell me Avhere you lost this?— At the 
 Bedford Hotel. Q. Whereabouts in the Bedford Hotel? — Brighton. 
 Q. We knoAV Avhere the Bedford Hotel is at Brighton, but Avhat 
 I want to know is, Avhereabouts in the Bedford Hotel did you lose 
 this 1,500/.? — Whereabouts? Q. Yes; in the sitting-room? — 
 Yes, in the sitting-room. Q. In your oaa'u sitting-room ? — No, not 
 in my OAvn sitting-room. Q. Whose sitting-room ? — It was in a 
 sitting-room. Q. Who Avas the occupier, at that time, of the sitting- 
 room ? — I cannot say who had the room ; I cannot tell you who it 
 was engaged the room. Q. But how came you to go to this sitting- 
 room Avhere you lost the 1,500/. ? who asked you to go ? — Asked me 
 to go ? Q. Yes, you say it Avas not your OAvn, so Avho inAated you
 
 ( 618 ) 
 
 into it ? — It was one of the Brooms. Q. What, John or Harry ? 
 You kneAv them both did you not ? — Yes, I knew them both." Now 
 the cross-examination upon this point was at some interval after the 
 examination-in-chief, and I presume he had forgotten what he said in 
 the examination-in-chief, because on that occasion he had said that 
 the two men who won his money were strangers to him, whom he did 
 not know before. Now he knows them both, and refers to Harry as 
 keeping the Opera Tavern in the Haymarket. " Were they like one 
 another — John and Harry ? — No. Q. Then surely you can tell me 
 which it Avas ? — Well, it was the biggest of the two ; Harry I think 
 it was. Q. Then do I understand you that Harry Broom Avas in the 
 Bedford Hotel, Brighton ? — Yes. Q. In the month of August, 
 September, or October, and asked you to come in and have a game 
 at cards; is that Avhat you say? — No, I do not exactly say that; we 
 had been together previous to that. Q. But did he ask you into the 
 room ? — I suppose he did ; yes. Q. You suppose he did. Which 
 Broom ?" Then Mr. Serjeant Ballautine comes in, " He says who 
 he believes to be Harry." Then the Solicitor-General takes it up 
 and says, " Well, whom you believe to be Harry ; Avas he staying at 
 the hotel ? did he sleep there ? — I coidd not tell you, I am sure, 
 Avhether he did or not. Q. Surely you Avere about Avith him, as you 
 say you lost 1,500/. amongst them ? — Yes. Q. Surely you knoAV 
 Avliether Harry Broom, the keeper of the Opera Hotel, in the Hay- 
 market ? — But you asked me whether he slept there. Q. Yes ? 
 
 — That is a question I cannot ansAver. Q. Was he stajdng at the 
 Bedford ? — I believe he was. Q. Was John Broom staying at the 
 Bedford too ? — I do not knoAv, I am sure, Avhether he Avas or not. 
 Q. What is your impression ? that he was ? — I cannot say, I am 
 sure. Q. Was Eccleston ? — No, I do not think Eccleston Avas. 
 Q. And there Avas some other man ; a fourth man, I forget ? — 
 llobins. Q. AVas Robins staying at the Bedford too ? — No, I think 
 not. Q. Then you think Plarry was staying there ; John may have 
 been ? — He may have been. Q. The other tAvo you think Avere not. 
 You say you had been Avith both Brooms, or Avith Harry only ? — 
 With both of them. Q. Where? — About Brighton. Q. For Iioav 
 long ? — I Avas there only three days altogether, I think. Q. Then 
 you could not have been more than three days, if that \vas the Avhole 
 amount of your stay at Brighton. Q. Hoav much of your three days' 
 stay at Brighton did you spend Avith Johnny and Harry Broom ? — 
 I cannot say, I met them during the day-time. Q. During Avhich 
 day ? — Each day, I think, if I remember rightly. Q. Then you 
 spent, I may take it, portions of each of the three days you were at 
 Brighton Avith Johnny and Harry Broom ? — Yes. Q. And Eccle- 
 ston ? — Yes, Eccleston. Q. And Robins ? — No, Eccleston, I think, 
 I did not see till the third day. Q. And Robins ; did they join the
 
 ( 619 ) 
 
 party tlie third day ? — I think they did. Q. That is your impres- 
 sion ? — Yes. Q. AVere those the only people you saAv there in their 
 party, or were there any other people ? — Yes, there were other 
 people." Then there is some cross-examination about Staden and 
 James, which I pass over. He knew nothing of them. " You say ^ 
 you were about A\atli the Brooms, John and Harry; were you 
 staying at the Bedford?— I was. Q. And your impression is Harry 
 was too ? — I believe so. Q. Did you meet after breakfast and Avalk 
 about, or did you breakfast together ? — No, Ave did not breakfast 
 together. Q. You met afterwards, did you ? — Yes. Q. And walked 
 about ; where did you go to in Brighton ? — Where did Ave go ? 
 Q. Yes?" — noAv please to attend particidarly to the ansAver — "Went 
 to the races."— That is the important part. He is led up to it, you 
 see. Who Avere the people ? Where did the transaction take place ? 
 AVhat did you see of them ? — Why, I Avas going about Avith them 
 every day. Where did you go ? — To the races. The Solicitor- 
 General : " Was it the race Aveek ? — The race Aveek — the autumn 
 races" — There are no races at Brighton but once a year, call them 
 autumn or summer whichever you please ; the Brighton races are the 
 Brighton races, and only occur once a year. " The autumn Brighton 
 races ? — Yes. Q. That you remember ? — That is my impression. 
 Q. But you recollect whether you Avent to the races or not ? — Yes, 
 I do. Q. If you went to the races, I suppose it was in the race 
 week ? — Yes. Q. If you Avent there, they Avere there to go to, that 
 Avould foUoAV ; it must have been : if you went to the races, there 
 were races to go to ? — Yes. Q. It must have been that time, that 
 fits it ; where did you go to ; Avhereabouts in Brighton did you go 
 besides the races ? — Beally, I cannot say. Q. Did you spend the 
 whole time on the race-course, the three days ? — I think not. 
 Q. What did you do the other part of the time ? Avliere did you 
 go to ? — I probably came back to Brighton ; I really cannot tell. 
 Q. Probably what? — Came back to Brighton. Q. Whereabouts in 
 Brighton did you go ? what places did you go to ? — I really do not 
 remember what places I Avent to. Q. You cannot recollect ?— No, 
 I cannot. Q. You recollect going to the Brighton races, and you 
 recollect this room, and this playing; cannot you remember Avhat 
 places you Avent to at Brighton ?" To this there is no ansAver. Noav 
 comes an important question, especially AA'hen compared Avith what he 
 had said before. " Was this your first acqiiaintance Avith Johnny 
 and Harry Broom ? — No, it Avas not. Q. Eh ? — No, it was not. 
 Q. You kncAv them, did you ? — I kncAV Harry. Q. You knew Harry ; 
 did you knoAv Johnny ?" — Noav I beg you to observe the ansAver. — 
 *' I do not think I ever saw Johnny before that. Q. You had heard 
 of him, I dare say? — Yes. Q. Had you been with them in London — 
 stayed Avith them ? — Stayed Avith them ? Q. Yes ; either Avith Johnny
 
 ( 620 ) 
 
 or Harry ? — Certainly not. Q. Certainly not ? — You said, ' stayed 
 with them.' Q. I mean stayed in their house? — I had been in his 
 house. Q. In Harry's ? — Yes." — Now pray observe this question and 
 answer: " Were you ever at Johnny's house ? — No, never at Johnny's 
 house. Q. Now then, you lost 1,500/. ? — Yes. Q. What had you 
 with you to pay? anything? — About 40/., I think. Q. I don't 
 think you told us ; perhaps you did ; it may be my mistake ; where 
 did you go from to Brighton ? — From Canterbury. Q. Straight 
 from Canterbury to Brighton ? — Yes ; I do not know whether I 
 went straight from Canterbury ; I think I came from Canterbury to 
 London, and from London to Brighton. Q. I mean were you stay- 
 ing in London, and did you go to Brighton ? or did you go straight 
 from Canterbury, merely passing through London on the route ? — 
 I think I was a night in London. Q. Where ? — At St. James's 
 Place. Q. Then you went down to Brighton ? it was the Brighton 
 race Aveek? — There were races there. Q. And you lost 1,500/.? 
 was there any public notice taken of this? — None whatever, as I 
 know of. Q. You mean it never came into Court ? — Certainly not. 
 Q. It never became what we lawyers call a case in Court? — No. 
 Q. When you spoke of it as the card case at Brighton, you only 
 meant an incident that happened to yourself? — I meant that for my 
 mother ; not for you to talk about. Q. That I quite believe, you 
 did not think it was for me ; there I fully agree with you. What 
 I want to know is, what you meant by speaking of the card case at 
 Brighton ; did you mean this incident that you have spoken of? — 
 I did. Q. And that was how you described it? — Yes. Q. The 
 card case ? — Yes. Q. Now, on your solemn oath, was there not, to 
 your knowledge, a well-known card case at Brighton, in which John 
 and Harry Broom, and Staden, and James, were implicated, and 
 were not Staden and James tried in the very year 1852, and sen- 
 tenced for a card swindle at Brighton ? — Upon my solemn oath, 
 I know nothing about it. Q. That you swear? — That I swear. 
 Q. Did you ever hear of the trial? — I might, and may have for- 
 gotten it." 
 
 Such is the defendant's account of this Brighton card case, and 
 these things result from it : that it took place at the time of the 
 Brighton races — he fixes that himself — as he says they went, he and 
 the Brooms, every day to the races, as well as to other places at 
 Brighton, before this card-plapng transaction took place ; that it 
 was in the year 1852 — and if he went over from Canterbury, it must 
 necessarily have been in 1852 — And he distinctly states that it was 
 from Canterbury that he went to Brighton on the occasion of the 
 Brighton races, when this transaction is supposed to have taken 
 place ; that he lost 1,500/. to these men, of whom one, Harry Broom, 
 he had knoAvn before, according to his last account ; in the house of
 
 ( 621 ) 
 
 one of whom in London — tlie house kept by Harry Broom in the 
 Haymarket — he had been, but in the house of the other of whom, he 
 never had been — a very important fact when you come to deal pre- 
 sently with the evidence called for the defendant in respect of this 
 part of the case. These are the three salient, prominent features : 
 the going from Canterbury to Brighton ; on the occasion of the 
 Brighton races ; in the year 1852, the only possible year in which 
 Koger could have gone from Canterbury to the Brighton races. 
 Now there had been, in the year 1851, a transaction at Brighton, a 
 card swindling transaction, which had acquired considerable notoriety. 
 These two Brooms were notorious pugilists, and one of them, John, 
 as sho-NATi by that transaction, an accomplished ^dllain, had, with two 
 other men, James and Staden, in the summer of 1851, I am not sure 
 whether during the race week or not, got hold of a young gentleman 
 of the name of Hamp, the son of a clergyman in one of the Midland 
 Counties, and induced him to play with them at cards. They of 
 course cheated him, and won 1,500/. This became knoAvn, and the 
 three men, John Broom, James, and Staden, w^ere taken up and 
 committed, but were let out on bail to come up and take their trial at 
 the next assizes at Lewes, Avhich would be in the spring of 1852. 
 When the spring assizes came on Hamp, who having lost his money, 
 thought that the best thing to do would be to say no more about it, 
 and who did not desire that more publicity should be given to this 
 transaction than could be helped, failed to appear, and so no true bill 
 coiJd be found. The consequence was that ]Mr. Hamp's recogni- 
 zances Avere estreated, and the amount being considerable, he thought 
 better of the matter, and made an application to the judge at the 
 next assizes, and got the estreat of his recognizances taken oft' on 
 condition of his appearing and preferring a bill of indictment. The 
 recognizances being enlarged, he came and preferred his bill ; a true 
 bill was found ; James and Staden surrendered to take their trial ; 
 John Broom forfeited his recognizances and absconded, and is sup- 
 posed to have left the country. AVarrants were immediately issued 
 against him, but he was nowhere to be found. James and Staden 
 were tried before the late Lord Chief Justice Jervis, and were con- 
 victed and sentenced. Now this took place at Lewes in the very 
 last week of July, 1852. John Broom, as I told you, absconded. 
 The chief officer at Brighton, who was called before us, told us that 
 he had a warrant against him. The Avarrant Avas immediately issued 
 for the apprehension of John Broom whenever he could be found ; 
 and of course they were on the look out for him from that moment. 
 The Brighton races, in that year, 1852, Avere upon the 4th, 5th, and 
 6th of August, lasting three days, as was proved by Mr. Weatherby, 
 the great authority in these matters. Now could Roger have gone 
 to those races ; and did he go ? If he did, is it possible that he
 
 ( G22 ) 
 
 could have been the victim of a card-swindling transaction in which 
 John Broom conld have taken part ? 
 
 We have a letter from Hoger to Mr. Vincent Gosford of the date 
 of the 3rd of August, and in that letter he tells him he thinks he 
 might get leave of absence, but that he shall not apply for it because 
 he knows that his father is at Tichborne, and he does not want to go 
 to Tichborne ; if he got leave his father might hear of it ; and as he 
 did not wish to explain to his father Avhy he did not come to Tich- 
 borne, he should be sorry his father should feel he was keeping away 
 from him. It is perfectly clear that he could not get to Brighton, 
 there not being at that time the line of railway through Kent, in less 
 than a day ; he would want a day in order to be at the Brighton 
 races on the 4th. If he stayed there a day he would want a day to 
 come back, Avhicli would make it the 7th. He could not be absent 
 from his regiment without leave ; and on the 3rd he whites and says : 
 " I will not ask for leave, because, if I get it, my father y\'il\ expect 
 me at Tichborne ; and I do not w4sli to go." That letter is written 
 from Canterbm'y ; and on the 7th, Avhich would be the day next after 
 the races, he wi'ites from Canterbury to his mother. Now, if he 
 lost this 1,500/. at Brighton between the 3rd and the 7th, he must 
 have lost the money when writing to his mother on the 7th ; and, 
 according to the defendant's account, not having the money to pay, 
 he was obliged to resort to his mother for the means of paying it. 
 Roger Avrites on the 7th, and yet there is not the remotest hint of his 
 having been at Brighton, or having lost a sixpence there ; and what 
 is more, his mother having conceived, at that time, the wild notion 
 of coming to England and going to Canterbury, while her husband 
 was in a different part of the country, he writes a strong letter of re- 
 monstrance to her : " How can you contemplate such an insane idea ? 
 What would the world say if you should come ? Don't think of it. 
 If you persist in coming, I will try to get my father's consent to take 
 a house at Dover for you to come and live in ; but you had much 
 better not come." Now, if he was in that predicament, that having 
 lost that money he had only his mother to look to to find it for him, 
 Avould he, do you think, have written to her, not only without 
 referring to it at all, but in the strongest possible terms seeking to 
 deter her fi-om coming to this country? This seems to make it 
 very improbable that Roger could have been in the meantime to 
 Brighton and have lost this sum of money. But there is a still 
 greater difficulty, and it is this : John Broom had absconded, be- 
 cause he would not stand his trial at Lewes Assizes in the last week 
 in July. The police officers had a warrant for his apprehension, but 
 the defendant's story implies this : That this John Broom, who had 
 forfeited his recognizances and absconded, in order not to be com- 
 pelled to take his trial, was walking aboxit at the Brighton races, the
 
 ( 623 ) 
 
 week after, as if notliing had happened ; he and his brother Harry walk- 
 ing about with Roger ; going to the races, where the police authorities 
 must necessarily have seen him, because you know at race time they 
 are active in preserving order and ^^reventing improper and disorderly 
 characters carrjang on their evil practices and the work of plunder, at 
 the expense of persons frequenting the races. They have their eyes 
 all over the place. Is it at all probable, can it be put to us as rational 
 men, as in the slightest degree probable, that John Broom would have 
 been Avalking about Brighton for the whole three days of the Brighton 
 races in succession, and have been taking a part in exactly the same 
 description of transaction and criminal offence for which his two com- 
 panions had just been tried at Lewes, and for which he would have 
 been tried if he had not got out of the way? An officer, as my 
 Brother Lush reminds me, was at the very time watching the Bedford 
 Hotel in order to see if he could find out anyone else who was sup- 
 posed to be a party to that ti-ansaction, or in swindling other parties. 
 Again, the defendant says the money was found by his mother. 
 Out of what fimd ? She had no flmd under her control from which 
 the money covdd be taken. Her own fortune had come to her after 
 her marriage. It was not vested in trustees, and although the 
 husband by the law of France Avas responsible for the money, he had 
 the immediate command of it. Therefore, if the 500/. had been 
 wanted for this purpose, it was through the father alone that the 
 money could be got. Lady Tichborne's own pin-money, the money 
 settled to her separate use, amounted to 100/. a year, and 100/. a year 
 woidd not pay 500/. ; at least not for five years ; and she Avould have 
 had to undergo the privation of this money the whole of that time. 
 She could not control the disposition of it except with the concurrence 
 of her husband. It may be said she might have raised it, but she 
 could not do so, at least in this country, Avithout the concurrence of 
 her husband. A married woman cannot make herself liable for 
 money where her fortune is not settled to her separate use. If she 
 borrowed the money there must have been some one fi'om Avliom it 
 was borrowed ; and as, being a married Avoman, she coidd not bind 
 herself, Roger must have been a concurrent party in raising the 
 money. Roger was the heir to 20,000/. a year; and Roger's 
 debt Avould have been a good binding obligation upon him. He 
 could have been made to pay, and therefore if a banker or money- 
 lender had advanced this sum he would have said, " We must have the 
 concurrence of the son; he must be a party to the transaction." If 
 this be so, and if the defendant is Roger, he could tell us from whom 
 that 500/. was borroAved ; and the party from whom it was bon-OAved 
 might have been produced, Avith his books and accounts, that Ave 
 might knoAv that this Avas a real transaction ; but no such proof, 
 though obviously important, has been produced. But Avhy should
 
 ( 624 ) 
 
 Roger go to liis mother at all — his mother who had a limited income ? 
 He had the reversion of these large estates, and as Mr. Gosford truly 
 said, " If he Avanted to borrow 500/, he might boiTOW 500/. as easily 
 as I coidd borrow 5/." There Avould not have been the slightest 
 difficulty. He might have to pay for it, but he coidd have raised the 
 money without the slightest difficulty, or occasion for troubling his 
 mother at all. Looking at all these circumstances, what conclusion 
 do yon arrive at ? Is this story about the Brighton card case a reality 
 or a delusion ? Is it fact, or is it an invention from beginning to end ? If 
 it is merely a delusive story, if it be that having heard of this Brighton 
 card case as being one of the things that made a great sensation at 
 the time and which appeared in all the papers, the defendant has 
 adapted it to his own case, and talked about the card case as applic- 
 able to himself, because he had heard about it — if that is the convic- 
 tion you eventually arrive at, what must you say with reference to the 
 mother, who, instead of saying " it is idle and ridiculous to talk about 
 the card case happening to Roger; no such thing happened to him 
 at all" — who, instead of saying that, says in effect, " Dont let us say 
 anything more about it ; if it were talked of it Avould be perfectly 
 well known that it never did happen and never could have happened 
 to Roger, and of course there would be an end of the case as to the 
 identity of this man, who founds the truth of his identity on this 
 transaction ; let us therefore say nothing about it." 
 
 But the difficulty is sought to be got over by evidence called on 
 the part of the defendant. There are two witnesses ; one is Mr. John 
 Taylor, the proprietor of the Royal Hotel, Derby, a man from Avhom, 
 considering the respectability of his position, you would look for trust- 
 worthy information. He was formerly a sort of turf agent, but now 
 keeps that hotel. He says he had a bet with Johnny Broom in 1849, 
 that he Avent to his place, the Rising Sim, Air Street, Piccadilly. 
 He was taken into a back parlour where there were three or four 
 gentlemen, and Johnny Broom said he had got some swell in his 
 back parlour. He pointed out to him one gentleman but did not 
 introduce him ; a young man, tall, not stout, of a fair size. He has 
 forgotten all other appearances, and can give no other description. 
 The parties were standing in the parlour drinking champagne, and he 
 saw the same party there two or three days afterwards, again drinking 
 champagne. He fixes the date in 1849, and says it was prior to the 
 Epsom Spring Meeting, the Metropolitan ; it might have been in April, 
 but he thinks it was in May. Now at that time Roger Avas at Tich- 
 bome studying for his examination, and so far as Ave are aAvare he was 
 not in London at that time ; because Avhen Lady Tichborne writes to 
 him in the month of August she refers to his having been eight 
 months at Tichborne. To be sure it is possible he may have come 
 up to London for tAvo or three days, and might have gone to John
 
 ( G25 ) 
 
 Broom's on this occasion, snpposing he was acquainted with John 
 Broom and had some reason for being at his house. Supposing he 
 is not mistaken about this young man being Roger, what has the 
 presence of Roger at John Broom's in 1849 to do with the transaction 
 Avhich, according to the defendant's account, took place at the Brighton 
 races in 1852? I have further to observe — and this is why I called 
 your attention to tlie particular passage in the defendant's cross- 
 examination — that he distinctly stated that he never was at John 
 Broom's house at all. Under these circumstances of what avail is 
 jNIr. Taylor's evidence? 
 
 Then another witness is called, William Burnell, who says that he 
 was at John Broom's in the autumn of 1850, and that he saw 
 Lieutenant Tichborne there, who, he says, was familiarly called 
 Captain Tichborne. He says: "He came in a pony trap, with a bay 
 pony and a low tAvo-wheel chaise. Q. Was he in ordinary clothes, 
 or how ? — Ordinary clothes, plain clothes ; with a loAv-crowned straw 
 hat on, what Ave call a flat straw hat. Q. Were you having any 
 refreshments at Johnny's Avhen he came in? — I was having a glass 
 of ale. Q. What did Tichborne do Avhen he got into Johnny's? — 
 He Avalked straight into the parlour, put his hand on the corner of 
 the table, and sat on it. Q. On the table? — Yes, and Johnny 
 Broom followed him in from the bar. What did they do then? — 
 They Avere talking for some little time before I could hear, as they 
 sat in the parlour, and I stood against the door. Q. Where Avere 
 you? — I Avas standing against the door that leads into the parlour, 
 Avithin about four or five feet of the bar." Then the Foreman of the 
 Jury asks : " How did you knoAv it Avas Mr. Tichborne ? — Because I 
 was told it was Mr. Tichborne by a friend Avho Avas in before I went 
 in. He sent me in." Dr. Kenealy: " WcAA^ill haA^e his description, 
 Mr. Foreman, immediately. What did you hear him and Johnny 
 talking about?" — He seems to have gone to the door and listened, 
 according to this — " He told Johnny Broom that if he did not refund 
 him back the money he had SAA^ndled him out of, he Avould take 
 proceedings against him. Q. What did Johnny say? — He said he 
 Avould see the others that Avere Avith him at the time, and it should be 
 put all right. Q. What did he call him? — He called him Captain 
 Tichborne." Then I ask: "By name, did he? — Yes, he did, my 
 lord." Then one of you gentlemen asked: " Are you sure this was 
 in August, 1850?" Then I say: " In the autumn, he said." Then 
 again one of you say: "I thought he said August." Then I ask: 
 " The autumn of 1850?— The autumn of 1850." Then my Brother 
 Lush asks: "What time aa^s it Avhen you saAv him at Broom's? — 
 I should think it Avas, as near as I can call it to mind — it is a long 
 time ago — from July up to September ; something about that. 
 Q. BetAA-een July and September? — Yes." Then Dr. Kenealy asks: 
 
 s s
 
 ( G26 ) 
 
 "Can you recollect wliat sort of a young man tliis was? — Yes; 
 rather dark; I noticed particularly he was dark. Q. About what 
 ao;e? — I should take him to be at that time, if I was asked then 
 about his age, from twenty to twenty-one. That is the age I should 
 have took him to be. Q. He looked a young fellow? — He looked a 
 young fellow. Q. He looked dark ?^Ilather dark ; dark complexion. 
 Q. About how tall Avas he? — I should think about 5 feet 9 inches. 
 Q. AVhat sort of shoulders had he? — He had rather broadish 
 shoulders ; he was what I call an ordinary made young gentleman 
 about the body and shoulders. Q. Do you remember his hair and 
 his eyebrows? — I remember his hair being dark. His eyebrows were 
 dark, and rather heavy in the forehead, I thought. Q. Did you 
 notice anything pecidiar about his walk? — Yes, I did. Q. What 
 was that? — He had got a very peculiar walk with his right leg; 
 his right knee seemed to bend in as he walked ; it seemed to twist 
 round as he set it down, and bend a little ; a very peculiar walk Avith 
 his right leg. Q. Captain Tichborne Avas in a little low-wheel chaise ? 
 — He was ; a low tAvo-wheel chaise — what we call a pony chaise, Avitli 
 another gentleman with him." 
 
 Now, elaborate as this statement is, it is simply impossible. We 
 know perfectly Avell that at that time Roger was at Caliir, and I 
 should scarcely think could have been called Captain Tichborne, 
 because, although in familiar phrase people do sometimes dub a 
 man Avith higher rank, he Avas not CA'cn at this time lieutenant. He 
 did not become so until November, 1850, and therefore is not likely 
 to have been called captain, though he might have been so called ; 
 but the conclusive ansAver is that he could not liaA'C been there, 
 and the tAvo-Avheeled chaise must therefore be all imagination. It 
 Avas physically impossible that Roger Tichborne should have been 
 there. He Avas at Cahir the whole of 1850, after his return thither 
 in January ; never obtained leave, or came to England, and there- 
 fore cannot have been at John Broom's betAveen Jidy, and September. 
 Neither can there have been a conversation in 1850 about a loss at 
 cards Avhich occurred in 1852. 
 
 But, says the learned counsel, " What do I care for dates? Nothing 
 AAdiatever. I have the most sovereign contempt for dates, and if 
 it did not happen in 1852, Avhy it may haA^e happened in 1851 ; 
 and if not in 1851, then in 1850 ; and if not in 1850, then in 1849 ; 
 and if not in 1849, it happened at some other time. The learned 
 counsel makes dates shift according to the exigency of his require- 
 ments, and says, "If it Avas not in 1852 it AA-as in 1851." But 
 it could not have been. That inexorable logic of facts Avhich beats 
 all speculation proves the contrary. We knoAv Avhen the Brighton 
 races took place in 1851. They took place on the 6th, 7tli, and 8th 
 of August. Roger came over in the month of July on his fortnight's
 
 ( 627 ) 
 
 leave, to see the Exliibitlon, and lie got back to Clonmel, lils then 
 quarters, on the 30th of July, and, as we know from his letters, did 
 not leave his quarters afterwards. Therefore he certainly was not at 
 the Brighton races on the 6th, 7th, and 8th of August, the days the 
 races took place in that year. It is idle to suppose that having got 
 back to Clonmel on the 30th of July he got leave again, and came 
 all the way back to England for the sole purpose of going to the 
 Brighton races. It is equally improbable that his colonel Avould 
 have renewed his leave for such a purpose. So again, if you go 
 back to 1850, the races took place that year on the 7th, 8th, and 9th 
 of August. We have his letters from Cahir, and Ave know he was 
 at Cahir at that time; that he got no leave, and never came to 
 England. And we have always to come back to the point, that the 
 defendant himself represents that he went from Canterbury to 
 Brighton on the occasion in question. This being so, it necessarily 
 follows, and the fact cannot by any possibility be got rid of, that 
 there never was any year but 1852 in which he could have been at 
 the Brighton races, because, prior to the summer of that year, he 
 never was at Canterbury at all. The statement of the witness 
 Bumell cannot therefore by any possibility be ti-ue. 
 
 What, then, upon the whole of these circumstances, is your opinion 
 about the card case? Is there any reality in it? It aftects not only 
 the truth of the defendant's statement, but the opinion you Avill no 
 doubt form on the judgment of Lady Tichborne herself in deciding 
 whether the man who presented himself as her son Avas her son or not ; 
 in which view it becomes a very material part of this inquiry. But it may 
 be said, and I think Avith great force : hoAv did it come to pass that if 
 the defendant had never been mixed up in any card case at Brighton 
 he should voluntarily, spontaneously, have presented that to Lady 
 Tichborne as a proof of his identity ? And the same observation 
 applies, and Avith equal force, to the broAvn mark. That is one of the 
 mysteries of this case, and one of Avhich the only solution I can offer 
 would be so speculative that I do not think it is entitled to any con- 
 sideration or weight. The only thing that occurs to me is that some 
 one may haA^e told him that Roger Tichborne had been the victim of 
 the Brighton card SAvindle — they may have hoaxed him in the matter ; 
 some one may have told him that he was like Roger, and may have 
 said, "What is more, Roger had a broAvn mark just as you have;" 
 or he may have taken the bold, audacious resolution of trying Lady 
 Tichborne's mind, and seeino; Avhether she Avas so determined to find 
 her son in him, that she was prepared to accept anything — though 
 this I must say appears very improbable. The Avhole thing seems so 
 strange as to be bewildering. Why he should have recourse to the 
 Brighton card case, if this be, so far as Roger is concerned, a myth, 
 and to the broAvn mark on his side, if Roger had none, to Avhich I 
 
 , s s 2
 
 ( 628 ) 
 
 shall come hereafter, when I come to the marks on his person, is a 
 thing I cannot explain ; and the fact, if one cannot explain it, is a 
 circumstance which tells in favour of the defendant ; indeed, I quite 
 feel the force of the argument of the learned counsel, and which indeed 
 lies on the very surface — namely, that it is improbable that a man, 
 being told he ought to give some circumstances to his mother which 
 Avould satisfy her of his identity, should mention two circumstances 
 only, and those tAvo should turn out to be entirely delusive, as not 
 having really appertained to the person Avith Avhom the identity is 
 sought to be established. At the same time you must consider the 
 matter in all its aspects. If you come to the conclusion that there is 
 no reality in this story of the card case : that no such thing ever 
 happened to the defendant ; that he has merely adopted the card case 
 of 18;)1, because he read about it in the newspapers, or some one told 
 him of it, and he adapted it to the requirements of his own case, it 
 not only militates most seriously, if you take that vicAv, against him, 
 but it must materially shake your confidence in the judgment 
 of Lady Tichborne. So much for the Brighton card case as an 
 element in this history. 
 
 Then there is another thing by which the defendant, Avitli equal 
 confidence challenged the recognition of Lady Tichborne — I mean 
 his handwriting: and, doubtless, there was nothing by which his 
 identity could better be proved or disproved ; yet assuredly there is 
 nothing; in the whole rano-e of this case more certain than that 
 between the handwriting of the defendant, as exhibited in his letters, 
 and that of Roger Tichborne, no trace of resemblance, however faint, 
 is to be found. The fact is virtually admitted by the defendant's 
 counsel. He offers an explanation, the value of which we shall con- 
 sider hereafter. But the fact, as we shall see further on, is indisputable, 
 and one would have thought that it Avould have had the effect of 
 staggering the faith of Lady Tichborne in the claim of the defendant 
 to be her son. 
 
 Gentlemen, besides these things, Avliich certainly might have 
 startled Lady Tichborne, she had received advice and admonition 
 which you may think should still further have served to cause her to 
 hesitate before she made up her mind that this was her son. She 
 was in the hands, as regards legal business, of a gentleman who Avas 
 worthy of her implicit trust and confidence — I mean Mr. BoAvker, 
 the gentleman Avho Avas called before us as a Avitness — one of those 
 soimd-judging and conscientious members of the profession in Avhose 
 hands, as regards interest and honour, a client is ahvays safe. When 
 first she heard the defendant Avas coming forAvard in Australia, she 
 very wisely and properly placed herself in Mr. BoAvker's hands. It 
 Avas just after she had lost her son Alfred. She Avas writing to 
 Mr. BoAA'ker from Paris, asking him to make the necessary arrange-
 
 ( 629 ) 
 
 ments for the funeral, not meaning to come over herself; and then 
 she tells him of the letters she had received from Mr. Cubitt, and 
 that she had reason to believe her lost son was found ; but that she 
 had written to Mr. Cubitt to say that he must not expect to receive 
 any considerable sum of money from her before Sir lioger arrived. 
 She says, " I have had four letters from Mr. Cubitt ; in the last 
 letter I told him I was going to communicate the whole affair to you, 
 at the same time that I was willing to send him 40/. to pay for his 
 expenses down to Sydney, but that I would not send him any more, 
 at least, not till I knew more of the business. I have asked 
 Mr. Cullington to forward 40/. to Sydney, but he has no cor- 
 respondent at Sydney, he said, and I must address myself in 
 London ; would you be so good as to forward them to Mv. 
 Cubitt, News Agency, 11, Bridge Street, Sydney, Australia. 
 I would send you his last letter, but I am afraid to send it to 
 you by post, and will show it to you when I go to London, in three 
 weeks hence or a month ; certainly Avlien you read Mr. C.'s letter 
 you would not doubt that my son Roger is still in existence, and, in 
 my present affliction, it Avould be a great consolation if my eldest 
 son came back." Poor lady ! One cannot doubt that. Mr. Bowker 
 makes the necessary arrangements for the funeral, and, in writing to 
 tell her what he had done in respect of that, he adds, with reference 
 to the discovery of her son, " I have considered the statement 
 respecting your eldest son. I will, of course, remit the 40/. to an 
 agent at Sydney, but, before doing so, I should very much like to 
 see Mr. Cubitt's letters. If you were to send them to me in a 
 registered letter, in the same way as you forwarded the cheque, they 
 will no doubt come safe. I cannot help thinking it a plan to get 
 money ; still I would not advise you to refrain from sending the 
 40/., if it would give you any satisfaction. There is not, I under- 
 stand, any possible reason or motive for your son concealing himself 
 if he be alive, while there is every inducement for him to make 
 himself knoAvn, viz., a very handsome fortune in possession, and a 
 very large addition to it in a few years ; under these circumstances 
 concealment seems incredible. Still, as I have said, I do not dis- 
 suade you from remitting the 40/., although I consider it Avill be 
 lost. We must hope the little child yet unborn" — at that time 
 Alfred's posthumous son had not been born—" may prove to be 
 a son, and that, under God's providence, it may live to prove a 
 blessing to a most ancient and honoured family." Nothing could be 
 more wise and proper than that advice. She -wTitcs to him again, 
 and incloses one of Mr. Cubitt's letters. " I would have answered it 
 immediately had I not been waiting for this letter which I now send 
 to you ; I was expecting it, and I thought it was better to wait to be 
 able to forward it to you at once ; the other letters are summed up
 
 ( 630 ) 
 
 in tliat one. You already know, I think, that Roger belongs to a 
 regiment of militia in that colony"— A complete mistake : he be- 
 longed to no regiment of militia — " It appears that he has lived out 
 of his pay" — It was altogether a delusion. He was not in any regi- 
 ment, and had no pay to live out of — " I remember how little he 
 cared for money" — Gentlemen, judging from Roger's correspondence, 
 I should say that few men cared for money more. He was extremely 
 prudent in his expenditure ; he did not, as other young men do, run 
 into debt; he was always in those letters of business considering 
 about this fund and that fund, and this money and the other money, 
 and I should say was about the last person to whom such an obser- 
 vation woidd apply. Upon that matter we are quite as able to form 
 a judgment as Lady Tichborne herself. She continues : " I am 
 not surprised that he lived so long away from his own inheritance, 
 specially when I consider that he never limited the time of his 
 absence, and never mentioned anything of the probability of his 
 return. As for what that letter mentions of a nervous affection, 
 Roger never had any Avhen Avith us, he w^as nearly tAvo years in the 
 Carabineers, and very much liked by his colonel. I think it is 
 possible I may have another letter on the first of next month, you 
 Avill see that they will not get on Avithout money, and I cannot bear 
 the idea of losing perhaps the chance of seeing my dear beloved son 
 again for the sake of a little money. I therefore Avill thank you to 
 have the kindness to advance 40Z. and to forward it to Sydney. I 
 told Mr. Cubitt, in my last letter to him, that I could not let him 
 have any more till I had some proofs more positive that he had 
 found my dear son, still I think it is better to venture, and the 
 sooner you send the 40/. the better it Avill be. I also think that the 
 money for his ransom ought to be paid out of the estates, Avhen he 
 gets them back to him, but you will of course see later about it. I 
 have, however, a presentiment that Ave are going to see my dear son 
 again." Then she says, Avith the kindly feelings of a Avoman Avho 
 had been a mother herself, " I think it is better to Avait to mention it 
 till after Lady Tichborne's confinement, as perhaps it might do her 
 harm. But, hoAvever, I ahvays heard my beloved Alfred speak on 
 that subject in a very reasonable and honest manner, and I have 
 no doubt that it Avill not meet Avith any difficulty on her side." 
 
 Mr. BoAvker having received that letter, replies : " I duly received 
 your letter of the 16tli instant, and was making inquiries Avith the 
 intention of remitting the 40/. to some agent at Sydney with a dis- 
 cretionary poAver to pay it over to Mr. Cubitt, or not, according to 
 cu'cumstances. I have not, hoAvever, done so in consequence of the 
 receipt of the two extraordinary letters enclosed." He felt after read- 
 ing those letters that to send the 40/. would be to throAv it aAvay, and 
 he held his hand. " With respect to that Avhich purports to come
 
 ( 631 ) 
 
 fiom your long-lost son, the first thing Avhich strikes me is the 
 manner of the contents, which is totally unlike a letter of an educated 
 gentleman — the handwriting is altogether different from the late Sir 
 Alfred's — the jump from Mr. Cubitt's modest request of a remittance 
 of 40/. to the large sum of 400/., will not escape your observation. 
 If the writer were really your son, why did he not relate to you the 
 story of his escape from shipwreck, his subsequent wanderings, and 
 the reasons of his concealment for so many years, with every earthly 
 inducement to make himself known ? There is not a line in the 
 letter which is not open to observation. As regards the other letter 
 fi-om Mr. Gibbes, I happen to know the old firm of Faulkner and 
 Gregory, to whom the writer refers, very well. I have shown it to 
 one of the partners in the present firm, and I send also a copy of a 
 letter from him" — We have not that letter, and do not know conse- 
 quently what they said about Mr. Gibbes — " I am afraid the Avholc 
 business is an impudent attempt at extortion. If you have any 
 doubt on the subject, I Avill compare the signature to the letter with 
 your son's original signature to his will. The letters were addressed 
 to you at Tichborne, but my brother supposing them to be for Lady 
 Alfred, opened the envelope in which they were contained, and 
 then forwarded them to me." Now these two letters Avere the letters 
 of the claimant of the 17th of January, 1866, and of Mr. Gibbes of 
 the 18th, Avhich came by the same mail. Mr. BoAvker tells us that 
 that letter of the 17 th Avas received by him, and he tells us that in the 
 second part of it, that part Avhich somehoAV or other has not been 
 forthcoming, Avhich either Lady Tichborne lost, or, if she did not, 
 having passed into the defendant's hands, he must either have lost 
 or suppressed it, there was not only what she referred to in her 
 answer to Mr. Gibbes about his grandfather, but there Avas an 
 expression relating to his grandmother; namely, " Hoav is grand- 
 mamma?" On the 27th of March, Lady Tichborne writes to 
 Mr, Bowker : " I have just received your letter, and I hasten to 
 answer it. I think you did right about the money ; still I cannot 
 say that this business is only meant to gain money, if you consider 
 the position he puts himself in should he assume a name that does 
 not belong to him ; and the character of honesty that he bears 
 Avould, it seems, defend him from that accusation ; hoAvcA^er, I think 
 it right not to send any money, as if he is really Sir Roger he Avill 
 find people to advance him the 400/. he requires." She seems to 
 haA^e had a notion that to justify her in advancing the money, it 
 was necessary that some better proof of his identity than his mere 
 assertion shoidd be given ; but she seems to have thought that 
 bankers or monied people out there would not require anything 
 more than his bare assertion. The poor lady must have had a very 
 imperfect notion of the boAvels of bankers out in Australia, Avliich
 
 ( 632 ) 
 
 are quite as hard as those of bankers here, you may depend npon it. 
 They do not advance money to a man imder such circumstances as 
 the defendant Avas placed in, Avithout something more than mere 
 assertion ; and it Avas only A\'hen Mr. Gibbes supported him, and 
 Mr. Cubitt supported him, and Mr. TurA^lle said he A\'as the man, 
 and Boffle also came forAA^ard and said, " I have knoAvn him from 
 childhood, and he is the man," that the bankers made up their 
 minds to advance the money. They Avould not have done it, as 
 she imagined, simply on his saying, " I am Sir Roger Tichborne." 
 Then she says Avith reference to his observation about the letter 
 not being the letter of a gentleman : " If he has lived amongst 
 savages and soldiers these last thirteen years it is possible he should 
 have forgotten English, or at least that he should not Avrite it as 
 correctly as one could Avish." She continues, " I did not Avish 
 Lady Tichborne to hear of that business till after her confinement. 
 I hope, if your brother has mentioned it to her, it Avill do her no 
 harm. I had a letter from her last night, and she fortunately says 
 she is going on A^ery Avell ; one thing, hoAvcA^er, that seems like lloger, 
 is to have sent his letter to Tichborne, as he only knoAA's Tichborne, 
 and does not knoAV Mr. Callaghan Avhere the other letters were sent. 
 Of course I cannot say anything certain, only that doubts are not a 
 certainty, time Avill let me knoAv more about it." After this corre- 
 spondence she desires to see Mr. BoAvker, and she sees him at his 
 office and shoAvs him a letter from the claimant, AA'hich must liaA'e 
 been the letter of the 24th of May; and Mr. BoAvker says on that 
 occasion, " She AA^as under the impression that if she recognized her 
 son he A\'ould take possession of the estates as a matter of coui^se. I 
 told her that Avas not so, that the identity of the claimant Avould have 
 to be distinctly proA^ed, but that I thought there Avould be no real 
 difficulty about that, as there was a very large family and a great 
 number of connections to Avhom Ro2:er Tichborne Avas Avell-knoAvn. 
 She had a photograph, AAdiich she shoAA^ed me. I think it Avas badly 
 executed. It AA^as a fat stout man, full length figure, Avith trees in 
 the background. She said she i-ecognized it as her son by the loAver 
 part of the face — the chin. — Mr. Haavkins: And by anything else? 
 — The smallness of the hand, Avhich it appeared to me fi'om the 
 photograph, Avas badly done. Q. Will you see if you can recognize 
 the photograph ? — ( Three immomitcd ones Avere handed to the Avit- 
 ness.) — I do not think either of those is the photograph, because, to 
 the best of my recollection, the figxu-e Avas standing. I have not seen 
 the photograph since. Q. You think it Avas full length ? — I think 
 it Avas an upright figure — full length. Q. But you remember some 
 trees in the background ? — Trees in the background. Q. What did 
 you say to her? — I do not recollect particularly, but she said she 
 Avas prepared to swear it Avas her son in any court of justice Avhatever.
 
 ( 633 ) 
 
 Q. Did you make any observation upon her saying that ? — I Avas 
 rather startled." Then I ask : " Had you known Roger yourself? — 
 No, my Lord. Mr, Hawkins : You say you Avere rather startled ? — 
 I said, ' What ! my dear lady, swear to a man before you have seen 
 him ?' However she persisted in her statement. Q. And you could 
 say no more ? — I could say no more. Q. You say she persisted ; do 
 you recoUect what her language was ? — No, I do not. Q. Did you 
 say anything at all to her about yourself? — There were several inter- 
 views, one on the 2 1 st of October, and three or four in November, 
 I said to her at some of these interviews, ' Of course. Lady Tich- 
 borne, if you recognize the claimant it will necessarily caiTy great 
 weight Avith me ;' but knowing the frame of mind in Avhich she was, 
 I added that I must also be satisfied, and if that turned out to be the 
 case that I would take any steps that might be necessary to restore 
 the claimant to his estates. Q. Did you explain to her by what 
 process you must be satisfied ? — I think I said I should ask but very 
 few questions. Q. Did you say what you Avould do with his ansAvers ? 
 — No, I did not ; I AA^as not prepared at the time to say Avhat the 
 questions would be. Q. I do not knoAv Avhether you said you would 
 do anything? — Yes; if I Avas satisfied, and she Avas satisfied also, 
 then I Avould take any steps that might be necessary." Then my 
 Brother Lush says : " When you said, ' I think I shall ask him a 
 few questions' — What did she say to that? — She said to that, that 
 Roger would never submit to it. I told her that, AAhether he liked 
 it or not, he would be compelled to ansAver a great many questions 
 before he got the estates." She then tells Mr. BoAvker she is going 
 to Paris ; that as her son had given bills at Sydney, he Avould be 
 safer in Paris than he Avould be in London. But she expressly tells 
 him that as soon as she received any intelligence of the arrival of her 
 son, she Avould send for him directly. On the 6th of November she 
 Avrites : " Mr. Henry Danby Seymour has just called on me, and, of 
 course, talked to me very much of my dear son, Roger. I am very 
 anxious to see you to-morroAv morning ; will you be at your office 
 to-morroAv, at twelve o'clock? Will you be so good as to let me 
 know?" 
 
 NoAv Mr. Heniy Danby Seymour had been to see her, and he Avas 
 examined on the subject of Avhat had passed betAveen him and Lady 
 Tichbome : " Did you ever have any conversation Avith your sister. 
 Lady Tichborne, vipon the subject of the defendant? — Constantly. 
 Q. That is after his an-ival in England ? — And before." Then he is 
 asked Avhether he recollects Avhen the first interview with her upon 
 the subject of the defendant Avas, and he says : " I was so constantly 
 in the habit of seeing her, that I do not remember when my first 
 interview was. I saw her Avhenever I could, at intervals of a fcAv 
 days, when business alloAA'ed. I was a good deal occupied at that
 
 ( 634 ) 
 
 time. Q. Do yon remember receiving a letter from her early in tlie 
 year 1867, with an extract from a newspaper? — Yes. Q. Have you 
 that letter ? — I have. Q. I will take you to the first interview you 
 had with her, when she spoke to you on the subject ? — That was long 
 before he arrived in England. She showed me a letter which he had 
 Avritten to her. Q. Where was it ? — She changed her residence very 
 frequently; but it was either Manchester Street, or some street in the 
 neigl'-bourhood there. Q. It was in London? — It was in London. 
 Q. You say that she had received a letter? — She showed me a 
 letter which she had received from the defendant. Q. Was that 
 the letter dated in January? — I forget the date of the letter. It 
 is the one ending ' I commend you to the care of the blessed Maria.' 
 Q. That is not the expression ; but Ave know what it was : ' May 
 the blessed Maria have mercy on your soul ? ' — Yes, my Lord. Mr. 
 Hawkins : Upon her shoAving you that letter did you say anything ? 
 — I remonstrated very strongly Avith her ; and said it Avas not the 
 liandAvriting, and it Avas not the style of Roger Tichborne ; and I 
 remonstrated very strongly Avith her upon her acknoAvledging him ; 
 and her answer to me Avas, that she was ready to SAvear to him 
 wdthout even having seen him. I distinctly swear she told me that. 
 As I considered that her opinions — or, as I considered them, delu- 
 sions — were very strong on that point, I did not combat them ; but 
 I said : ' Do not send any money, Avhatever you do ; you only aa-IsIi 
 to see the right person— to see AAdiat is right ; do not send any 
 money. If he is the real man, depend upon it he wiU not ask for 
 money, but come home Avithout ; do not send any money, that is all 
 I ask, more than is absolutely necessary to bring him home.' " He 
 goes on to say : " I may say she refused to shoAv those letters to my 
 sisters. They asked to see those letters, and she refused." Then I 
 ask : " Did you see the letters in Avhich he caUs her attention to his 
 handAvriting, and says : ' I am surprised you have not acknowledged 
 me,' or something of that sort — ' You knoAv my handAvriting ? ' — I do 
 not knoAv that letter, my Lord ; I do not think I have seen it. 
 Q. You kncAV the handAvriting ? — I kncAv the handwriting. Q. That 
 is of Roger Tichborne? — Of Roger Tichborne, \'ery Avell. Q. And 
 you pointed out to her that this was not his ? — It had not the smallest 
 resemblance" — Neither has it. Gentlemen, that Ave knoAv perfectly 
 Avell— " But did you tell her that? — I told her that most strongly, 
 my Lord, and that the style Avas not his ; and that that expression 
 about the blessed Maria was so utterly different fi-om Avhat Roger 
 Tichborne's style was ; and her ansAver Avas ; ' Oh, he has lived amongst 
 the Irish ; that is the Avay the Irish always finish their letters.' " 
 Gentlemen, I am not aware Avhether there is any foundation for that 
 statement — Avhether Irish gentlemen, AA'riting letters to their relatiA^es, 
 are in the habit of ending their letters Avith any pious hope of that
 
 ( 635 ) 
 
 description ; but one thing I am quite certain about, and that is that, 
 although it is true that Roger Tichborne lived among the Irish during 
 the years he was with the army in Ireland, in none of the long series 
 of his letters which we have is there the remotest reference to the 
 " blessed Maria." Therefore, if he acquired that among the Irish he 
 did not use it there, but waited until he received Lady Tichborne's letter 
 in Australia, reminding him that he had been a good Roman Catholic. 
 Mr. Seymour is asked, " Did you see the letter in which he men- 
 tioned the card case at Brighton, and the mark on his side ? — Yes, I 
 have seen that letter." Then I say, " If I understood rightly she 
 showed you the second letter; the one with the 'blessed Maria' is 
 not the one in which he mentions the card case. Mr. PIawkins : 
 Did you ever see that first letter about the brown mark and the card 
 case ? — I am not certain of having seen the originals ; I have seen 
 copies. Q. Did you ever hear of Roger Tichborne being victimised 
 in a card case or a gambling transaction? — Never. Q. Had he, as far 
 as you Ivuow, been addicted in any shape or way to gambling ? — I do 
 not believe he was : As far as my knowledge extends he certainly 
 was not. Q. You had the control of the funds ; I mean as ti-ustee? — 
 Yes. Q. Was there any sum of money paid to extricate him from 
 any card case ? — Never : I never heard of any question of the sort ; 
 I think Lady Tichborne would probably have spoken to me if she 
 had wished to raise money. Q. You never heard a suggestion about 
 it? — No, and I think it most unlikely." Then I ask, "At that time 
 Mr. James Tichborne w^as living ? — Yes. Q. As I understand, he 
 had the income? — Yes. Q. All she had was the 100/. a year to her 
 own separate use? — Yes. Q. AVhich she could not anticipate? — 
 Which she could not anticipate. Q. So that if any money had been 
 raised it must have been raised by the father? — It must have been : 
 She could not ; she had no money." Those are the communications 
 which took place between Mr. Henry Danby Seymour and his sister. 
 They had always been on the most intimate and affectionate terms, 
 and although the relationship Avas not acknowledged outwardly, yet so 
 far as related to affection and good offices it was never for a moment 
 otherwise than fvdly and entirely admitted, and therefore it was 
 natural that the brother should, under such circumstances, give her 
 advice ; and one would have thovight that she would have been 
 willing to accept that advice ; but it seems to have been otherwise. 
 
 Mr. Alfred Seymour, in like manner, says that in November or 
 December, after it was known that the defendant Avas coming to 
 England, he was at Paris while Lady Tichborne was there, and that 
 he saw and conversed with her on the subject of the defendant's return. 
 She told him she had received a letter with a photograph. He is 
 asked: "Did she show you either the one or the other? — She refused 
 to do so ; or rather, I should say, she promised first to do so and then
 
 ( 63G ) 
 
 refused." He saw her again in the early part of 1867, when she was 
 in London. " Did you make any application to see the defendant? 
 ■ — Many. Q. What were her replies to your applications ?— I urged 
 her always to bring him to see me, and she never would. Q. Did 
 you ever see the defendant until the end of July, 1867 ? — I was 
 never given an opportunity to do so." This cannot but strike one as 
 strange. What is the meaning of this reluctance to let a brother like 
 Mr. Alfred Seymour see the claimant? What is the meaning of the 
 unwillingness to let him see a letter Avritten by the claimant ? Mr. 
 Danby Seymour, who saw it, had told her it could not be Roger's, 
 because it was neither his style nor his Avriting, after which she 
 would not let Mr. Alfi-ed Seymour see the letter any more than she 
 would let him see the defendant. He is cross-examined a good deal 
 as to whether she actually refused. It comes, I think, to this, after a 
 protracted cross-examination, that there was never an actual refusal ; 
 that, although she had promised to let him see the defendant's letters 
 in order that he might form his own judgment upon them, she always 
 put him off, and, in point of fact, however anxious he Avas to see 
 them, he never could succeed in getting a sight of them. What 
 inference are we to draAv ? Here are two gentlemen, her own half- 
 brothers, men of position, known to be men of honour and intelligence : 
 would not you expect a sister to throw herself on them for adAdce and 
 protection in a matter of this kind, when a man is coming forAvard 
 to assert his claim to the Tichborne name and estates under circum- 
 stances so strange, Avith the addition of the difficulties to Avhich I 
 have already called attention as appearing fi'om the correspondence 
 from Australia ? Would you not have expected that she Avould at 
 once have resorted to them, and have leant on them, as it Avere, in 
 this critical conjuncture? Why is it that she does not? Was it that 
 she was afi-aid of troublesome monitors that might come betAveen 
 her and the son she hoped to find, and cast a dark shadoAV over what 
 would otherwise be to her the bright prospect of seeing that long- 
 lost son again ? You knoAV it had been the one thought and idea 
 that had possession of her mind from the very hour she heard of the 
 * Bella' going doAvn, that her son Avas saved and Avas living some- 
 Avhere, and Avould one day return. She had clung to that hope Avith 
 a sort of fond desperation. She saAv people smile and sneer at her 
 for entertaining a hope apparently so visionary and absurd, but she 
 clung to it Avith desperate tenacity. As a man clings to a plank in a 
 shipAvreck as his only hope of reaching the shore, so she clung to 
 this idea. Now, there Avas a prospect of that long cherished hope 
 being realized. There came a voice from Australia saying her son 
 was found, and was coming back to be the staff and support and 
 happiness of her declining years, and she listened Avith eagerness to 
 this story ; and, almost against conviction, believed in its truth. The
 
 ( 637 ) 
 
 circumstances were such as ought to have engendered the gravest 
 suspicion in her mind, and now, with this bright prospect beaming 
 before her, when people came and said, " You must not believe in 
 this ; it is a delusion, and your hope, though cherished for a while, 
 must, in the end, terminate in disappointment," she looked upon 
 them as people who were coming to stand between her and the 
 realization of that happiness which had been for years her fond and 
 constant dream ; and, like anyone whose faith depends upon their 
 own will and determination, and not upon conviction founded on 
 reason and reflection, she would not admit anything which could tend 
 to detract from the confident belief she had in the claimant being her 
 son, and she turned her eyes from any light that might be shed upon 
 the subject. That I cannot help thinking was the position of Lady 
 Tichborne. She may have been right after all. That you must 
 judge of upon the whole of the case. But that she entered upon that 
 inquiry with a preconceived notion, and bias, and determination to 
 look at the thing only in one light, I think you Avill agree. Far be 
 it from me to say, that if she had had an honest disbelief in the identity 
 of the claimant, she Avould have acted dishonestly for the sake of 
 bringing about his triumph, and the success of his claim. I do not 
 say that for a moment ; I do not believe it, and I was extremely glad 
 to find that no such ground was taken on the part of the prosecution. 
 Neither can I think there is an}i;hing to warrant us in saying that 
 Lady Tichborne was insane ; that she was even insane to the extent 
 of having a monomaniacal delusion on the subject of her son ; or had 
 become so from having what the Abbe Salis called an idee fixe upon 
 this point. But she had dwelt upon this one idea, and brooded over 
 it so long, that the Abbe may have been right in saying that she 
 had a tete malade, and, although I do not say that she must be taken 
 to have been incapable of reasoning or exercising any judgment upon 
 it, or that her opinion in this matter is not entitled, under all the 
 circumstances, to most careful and respectfid consideration, I do say 
 she was placed in circumstances in which her judgment must be open 
 to criticism just as the judgment of any one else would be. She had 
 staked the happiness of her life on this one hope ; and it was even 
 more than that. It was not merely that there was the yearning of 
 maternal love for him whom she still believed to be in existence 
 somewhere. There was the vanity of the woman mixed up in the 
 hope that he Avas her son. She had been looked upon as half crazed 
 on this subject by people who could not take the same view that she 
 did, and she had been reproved by her husband for worrying him 
 incessantly, talking about her son being still living. She had been 
 laughed at by other people for entertaining a belief which seemed so 
 thoroughly irrational under all the circumstances ; but now if that 
 son came back there would not only be the mother's joy at finding
 
 ( g;]8 ) 
 
 him ao-ain return to her fond maternal embrace, but there Avould be 
 the triumph of being able to say, " Here is the crazy woman you 
 all said was mad because she talked of her son and believed in his 
 being still alive, and that he Avould come back one day. She was 
 right, after all, and you were Avrong. Here he is, and A\dth joy and 
 triumphant exultation I take him by the hand, and bring him back 
 to his family as Sir Roger Tichborne, the heir to the title and the 
 estates." Just imagine Avhat her feelings would have been if, after 
 entertaining that hope, and expressing it loudly, and declaring this 
 was her son, he turned out to be nothing but a barefaced impostor. 
 The disappointment and despair which that would naturally have 
 occasioned would have been as intense and deep as the joy of the 
 mother would have been if he proved what she hoped and expected 
 him to be — namely, her son. Moreover, this was her last and final 
 chance of seeing her long-cherished hope realized. If this should 
 prove a delusion all hope of seeing Roger on this side of the grave 
 was for ever gone. Therefore, Lady Tichborne was in a position in 
 which I cannot but think that — unless the other circumstances in the 
 case show that the judgment she formed on the matter was right — 
 her judgment, though it ought to be received with respect as the 
 opinion of a mother, should not be exempted from the vigilant 
 criticism which you would apply to the judgment of anybody else 
 who took upon himself to pronounce the defendant to be the real 
 Roger — a subject upon which you will have to form your opinion, 
 Avith an advantage, in one respect, Avhich Lady Tichborne had not ; 
 namely that you know all the circumstances of this story from 
 beginning to end ; whereas many of those things which make most 
 adversely against the defendant were unknown to her, and were 
 carefully kept from her knowledge to the last. 
 
 Gentlemen, I have made the observations which occur to me as to 
 the frame of mind in which Lady Tichborne was when the def^dant 
 first went over to see her. I told you the correspondence and the 
 oral communications she had had with Mr. BoAvker ; and it had been 
 arranged up to that time, between them, that Mr. Bowker should 
 look out for her son when he arrived in this country; while, if he 
 arrived at Paris, she Avas to send to him, and he Avas immediately to 
 hasten over to her, to gi\'e such assistance as he coidd, with reference 
 to determining Avhether or not the claimant was really her son. She 
 writes to Mr. BoAvker again tAvo or three times upon the subject ; 
 she AA'rites to say she has heard her son had embarked on board the 
 ' Cella,' that he Avas about to come home by Avay of Liverpool, and 
 begs him to go to Liverpool to find him and bring him over to Paris. 
 Mr. BoAvker Avrites to her on the 26th of December, 1866, which Avas 
 ■ the day after the defendant arrived, stating that he had ascertained that 
 he had arrived in London, and therefore there was no occasion to go to
 
 ( 639 ) 
 
 Liverpool ; but lie says he had not been able to ascertain where he had 
 gone to. All he knew Avas what he had learned m the river at the 
 docks. He writes, " I dare say I shall be able to ascertain where the 
 party is gone to, but whether I do or not, I think you may expect to 
 see me in Paris on Friday morning, or Friday afternoon ; the agents 
 appear to have had some reason for supposing that yoirr son intended 
 to leave England forthwith, but did not know where he talked of 
 going to. I conclude, to you in Paris." On the 27th, he writes: 
 " Dear Lady Tichborne, since Avriting to you yesterday I ascertained 
 from the captain of the steamer, that your son and his party had gone 
 to an hotel, at the west end of the town, and upon going there this 
 morning all that I could learn was that he and his wife had gone out 
 of toAvn for three or four days, but not known where. I have written 
 to him saying that I had called by your directions, and requesting 
 him to make an appointment to see me. I presume he will do this 
 so soon as he receives my note, and I will then arrange Avith him for 
 leaving London instantly. I do not see at present that I can do any 
 good by crossing the channel, unless your son accompanies or 
 precedes me. I will write again to-morroAV should anything take 
 place." That letter is dated the 27th, and it is material in this way: 
 the note to the defendant having been sent to Ford's hotel, where his 
 party were staying, the presumption must be that it reached him, and 
 it takes away all possible pretence for saying that there was any 
 obstacle — such as want of money— in the Avay of his going at once to 
 join his mother in Paris. Mr. Bowker's writing that note on behalf of 
 the mother, as her representative, was tantamount to saying he would 
 give him any assistance he Avould want. The defendant took no notice 
 of the note ; and I cannot help thinking that the fact tends to strengthen 
 the conviction that his statement that want of money prevented him 
 from going to Paris was a mere pretence. The note is : "I have 
 received directions from the Dowager Lady Tichborne to see you on 
 your arrival in England, and if you will have the goodness to make 
 an appointment, I propose to have the pleasure of calling on you." 
 Then, on the 28th, the Dowager writes this letter: "I have just 
 received your letter, dated the 27th, and I regret very much your not 
 sending me my son's address. Had I known the name of the hotel 
 where he is staying, I would have Avritten to him immediately, but 
 being ignorant of where he is, what can I do ? he ought to come here 
 to join me, as it is the safest place for him. I am afraid he will find 
 snares laid in his way in London, and I am very desirous that he should 
 come immediately. I beg you to send me the name of the hotel where 
 he is, that I may write to him and ask him to come to me ; I am his 
 best friend. Alas ! very few people are my poor Roger's friend." 
 She adds: " I cannot think why Sir Roger does not come to join me 
 in Paris, it is the safest place for him ; he ought to be near me.
 
 ( G40 ) 
 
 I wish I could draw him away from London, Avhere he has so many 
 enemies ; I am excessively anxious at his remaining in London. It 
 is entirely a mistake on your part not to have sent me the name and 
 address of the hotel where Sir Roger resides, though I have no doubt 
 your intentions are very good." 
 
 On the 29th, Mr. Bowker called at Ford's hotel and saw young 
 Butts and was told by him that Sir Roger was going to Paris by 
 way of Havre. That was an untruth, because at this time, the 29th of 
 December, the defendant was going to Alresford — it was the very day 
 he went to Alresford — therefore certainly at that time he had no inten- 
 tion of going to Paris. Butts may have been deceived, at all events he 
 misled Mr. BoAvker. Mr. Bowker, supposing young Butts's statement 
 to be accurate, determined on starting for Paris, believing that in so 
 doing he was carrying out Lady Tichborne's wishes. He writes on 
 the 29th of December: "I have not heard anything more of your 
 son, since my last letter, until this morning, when I succeeded in 
 meeting with the young man who calls himself his secretary. All 
 I could get from him was that his master was gone into the country, 
 and at last he told me that he believed he was going by way of 
 Southampton to Paris, and that he thought it very likely he might 
 reach there to-day. Under these circumstances I have deemed it 
 advisable to cross the channel to-morrow, Sunday night, and I hope 
 to be with you at an early hour on Monday morning. I hope 
 you Avill not part with any money until my arrival, and am, dear 
 Lady Tichborne, yours very sincerely, Jas. Bowker." He left 
 accordingly by the mail train on Sunday night, the 30th of December, 
 and arrived the next day, December 31st, and waited till the 3rd. 
 During all this time Lady Tichborne was most anxiously expecting 
 to hear from the claimant, and exceedingly surprised and distressed 
 that no tidings of him came. Mr. Bowker told her he had used his 
 utmost endeavours to ascertain where he was, but had failed to 
 do so. He had not been able to see or hear of Bogle ; and the only 
 person forthcoming and visible at the hotel was the secretary. Lady 
 Tichborne was a good deal piit out at this. Mr. Bowker visited her 
 each day, for two or three days, and still no tidings of the claimant 
 came ; and in the course of the visits he w^as introduced to the Abbe 
 Salis. She told Mr. Bowker the Abbe Sails was prepared to swear 
 to her son. But the Abbe Salis corrected that and said: " That is 
 after I see him : if he turns out to be your son, I Avill swear to him ; 
 but if not, I certainly will not." 
 
 Tired of waiting, Mr. Bowker leaves on the 3rd of January, up to 
 which time nothing had been heard of the defendant. It was arranged 
 that in the event of the defendant comins:, she should send for Bowker 
 on his arrival ; he was then to start immediately for Paris. With 
 that understanding, he says, he left Lady Tichborne In Paris. On
 
 ( 641 ) 
 
 his return to London lie received information, wliicli lie conveys to 
 Ladj Tichborne in a letter of the 5th of January : " I arrived in 
 town late last evening after a tedious journey. I hear that your 
 supposed son and Bogle went together to Alresford — your son went 
 to Tichborne and disclosed himself to some of the tenants and labour- 
 ing men, all of whom denied any knowledge of him. Bogle denied 
 that your son was there, or that he knew where he was to be found, 
 and at the very time your son Avas sitting in the adjoining room at 
 the inn in Abesford. They immediately afterwards left together, 
 and it is supposed, for London. Your son appears to pass under the 
 name of Taylor. All this concealment is most unsatisfactory, and 
 I am unable to offer any clue to the mystery. I hold myself, as 
 I told you, in readiness to go to you at any moment." The day on 
 which she gets that letter she writes to the claimant, treating him, 
 without the slightest reservation, as her son, although she had not yet 
 seen him : " My dearest Roger and beloved son, I am most anxious 
 to see you in Paris, will you come and see me immediately? I hope 
 you will bring me your wife and your little girl. Will you write to 
 me a few lines to let me know when you mean to start ? I have an 
 apartment prepared for you, and I ti'ust you will live with me. I will 
 pay all your expenses in Paris of course ; and you must not forget 
 the bill you have put your signature to, before leaving Sydney with 
 Mr. Cubitt. I will see that it is all paid, but you must come to 
 Paris immediately. Have you heard from Mr. Gibbes? and have 
 you received the letter I Avrote to you 3 days ago ? Adieu my dear 
 and beloved son I remain your affectionate mother H. F. Tichborne." 
 Mr. Bowker writes on the 8th : " Dear Lady Tichborne, I wrote to 
 you by Saturday's post. Since then I have been told that on that 
 day Mr. Gosford, Mr. Cullington, and Mr. Plowden, having ascer- 
 tained that your supposed son was at an hotel at Gravesend, proceeded 
 there together. He Avas at first denied, but shortly afterwards he 
 passed Mr. Gosford on the stairs very quickly, ran into a bedroom 
 and locked himself in. Mr. Gosford spoke to him on the stairs, and 
 received only a hurried answer. Mr. G. then insisted on your son 
 writing him a note, which he did in the presence of the Avaiter. 
 This note merely said that he had Avritten to Mr. Gosford making 
 an appointment to see him at the hotel in London. This turns 
 out to be untrue. This note was badly written and spelt, and 
 the Avriter in no respect resembles your real son when he left 
 England. In fact Mr. Gosford is satisfied that he is a mere pre- 
 tender. I repeat all this as it has been told to me. I hope that 
 if this person should come to you in Paris you will instantly 
 telegraph for me, and that you will not, under any pretence, part 
 with money until I an-ive. I cannot too strongly urge upon you 
 the necessity of your immediate return to England. Please let me 
 
 T T
 
 ( 642 ) 
 
 licar liom you by return of post, and in the meantime believe me/' 
 and so on. 
 
 On the 9th of January, a meeting took place at Mr. Cullinoton's 
 office, at which IMr. Bowker and Mr. Gosford were present, with 
 Whicher, the detective, who appears afterwards to have taken an 
 active part in tracing out the facts of the case and the proceedings 
 of the defendant. The result Avas that Mr. Bowker determined to 
 return to Paris, and he started the same evening. He saw Lady 
 Tichborne, and repeated orally to her the information he had 
 acquired, and which he had told her in the letter I haA^e just read. 
 But he found her in a state of excitement, and much incensed 
 against INIr. Gosford ; she A\^as very angry A\dth him for having 
 declined to recognise her son, as though it had been a matter of 
 absolute duty and obligation on the part of Mr. Gosford to do so. 
 Mr. Bowker tried to soothe her, and after a time she quieted down. 
 A\ hile they AA^ere conA'ersing, tAvo letters Avere brought in, one from 
 the claimant, another fi'om Mr. Holmes, announcing their intended 
 arrival that day, the 10th. She gave those letters to INIr. Bowker 
 to read. They Avere of a commonplace character, simply announcing 
 their arriA^al. When she got the letters stating that they Avere to be 
 in Paris that night, she turned to Mr. BoAvker, Avho had gone to 
 Paris by her express direction — inasmuch as she had desired he 
 should be there, AAdienever the person Avho claimed to be her son 
 made his appearance — and told him that " as her son Avas coming 
 with his OAvn solicitor, most likely introduced to him at Sydney or 
 from Sydney, she would be tmable to introduce him to her son." 
 He understood her, and said, " I presume, Lady Tichborne, from 
 that that you have no further occasion for my services, and she said 
 that was what she meant." Thus at this critical conjuncture, her 
 own solicitor, whose services she had herself sought, whose presence 
 she had herself desired, and Avhose assistance Avould have been so 
 material to enable her to form an accurate judgment, is discarded 
 just at the moment he is most needed, under the pretext that the son 
 Avhose identity Avas about to be tested, Avas bringing his oavu solicitor. 
 A very strange course for the lady to adopt. To make the thing 
 more complete he is asked : " Did she at all complain of your 
 having come to Paris?— Not at all. Q. She seemed to think that 
 right ? — Quite so ; it Avas contested afterAvards Avhether she had 
 authorized me. Q. But at that time she did not find fault Avith 
 you for having come? — Not at all." I cannot help thinking from 
 the feelings I endeavoured to develop just noAv, that she Avas glad to 
 be rid of a troublesome monitor. She did not want anybody who 
 might exercise a critical judgment on the matter, or aa'Iio might stand 
 betAveen her and the belief she Avas anxious to arrive at. So Mr. 
 BoAvker was got rid of.
 
 ( 643 ) 
 
 The defendant arrived at Paris, and lie arrived with somewhat 
 strange accompaniments. The son coming over after so many years' 
 absence to see his mother for the first time since he went away, one 
 Avould have thought he would have desired to meet her alone, and 
 would not have w^anted two strangers to be present at an interview 
 of that description. Both parties would be likely to feel very sti'ong 
 emotion, and to display it, and would not wish to display it in the 
 presence of strange witnesses. AVhat the defendant did was this : 
 he had already retained an attorney, who had been introduced to him 
 throvigh a Mr. Leete, a gentleman whom he had met casually at some 
 billiard table. Mr. Leete introduces INIr. Holmes, and when the 
 defendant makes up his mind, somewhat tardily, on the 10th of 
 January, to go over to see his mother, he requests the company of 
 the friend thus casually picked up, and of the attorney. They are 
 to be present at the first meeting he is to have Avith the mother. 
 They an-ived at the Hotel de Lille et d' Albion, in the Rue St. 
 Honore, late in the evening. The defendant does not go and see 
 his mother that night — not that it was too late to do so, though no 
 doubt it was getting somcAvhat late — but he was tired. I say nothing 
 about that, but one woidd naturally suppose that the first thing he 
 would do in the morning as soon as he was up, would be to hasten to 
 Lady Tichborne. There was the anxious mother, knowing her son 
 was in Paris, expecting him. However, he does not go. She sends 
 her servant, the man Coyne, who was examined here as a witness, 
 to the hotel to fetch her son. Coyne sees Mr. Leete. Mr. Leete 
 calls out Mr. Holmes ; Mr. Holmes goes into the defendant's room, 
 and brings out word that the defendant is not Avell : he was sick, or 
 he had been sick, and had not recovered from it. Coyne takes back 
 the message ; and noAV Coyne shall tell you in his own words what 
 ensued. "What did she," that is. Lady Tichborne, " say ? — She 
 told me to go back directly and demand to see him. Q. Did you go 
 back ? — Yes. Q. When you got back what happened ? Did you see 
 him ? — I saw both Mr. Holmes and Mr. Leete. Q. Who else — any 
 body else ? — When I told them I Avas sent back the second time by 
 Lady Tichborne, and I wished to see him and fetch him, Mr. Holmes 
 went into the bedroom again, and the claimant came out walking 
 slowly, with his head a little down, towards the fire, and he sat down 
 in the chair in the dining-room, and I welcomed him home to Eng- 
 land. He commenced tearing " — Mr. Gibbes called it " watering ;" 
 this Irish Avitness called it " tearing." — " I said, ' Thank God his 
 mother Avas alive to receive him,' and he says, ' Thank you.' 
 Q. What did he do ? — He told me then to tell his mamma he was 
 not able to go to see her. I Avent back the third time. Q. Did he 
 
 say anything ? — He told me Q. Not Avhat he told you, did he 
 
 do anything ? — The answer Avas from him to me to go back the 
 
 T T 2
 
 ( 644 ) 
 
 second time. Q. Did lie give you a reason ? — No. Q. Did you 
 go back to Lady Ticliborne again ? — Yes. Q. About what time of 
 the day was this? — This Avould be about, as near as I could say, 
 between eight and nine. Q. In the morning ?— Yes, it might be 
 that. Q. When you went back to Lady Tichborne and told her 
 that, was there another message sent? — She told me to go directly, 
 and take a cab and fetch him. Q. Did you go again ? — I asked if 
 I could not fetch him a second time ; she told me to ask them would 
 they come up to see her, or she come down to see them, and get a 
 distinct answer. Q. Did you go down a second time ? — Yes. Q. Did 
 you deliver that message ? — Yes. Q. What was the answer you got 
 then? — The claimant, and Mr. Holmes, and Mr. Leete, were having 
 their breakfast then ; they told me to sit down : I did so. I thought 
 after he would finish his breakfast he would come back with me. 
 When the breakfast was finished, the claimant went into the bedroom, 
 and Mr. Plolmes and Mr. Leete came with me, and locked the 
 dining-room door. Q. Do you mean you, Mr. Holmes, and Mr. 
 Leete, went to Lady Tichborne? — Yes, and locked the dining-room 
 door— locked him in like. Q. Was the claimant inside ? — I saw 
 him going inside the bed-room when we were going. Q. Have you 
 to go through the dining-room to get to the bed-room ? — Yes." 
 
 So the claimant goes into his bed-room, having had his breakfast, 
 which he did not seem to be sufficiently indisposed not to be able to 
 eat. Then Mr. Holmes and Mr. Leete go with the witness, Coyne, 
 to Lady Tichborne, having locked the door outside and so locked 
 the claimant in. They go to Lady Tichborne and make his excuses, 
 that he cannot come to see her because he is too poorly. In the 
 course of the day Lady Tichborne, finding he will not come to her, 
 goes to him. If the mountain will not go to Mahomet, Mahomet 
 must go to the mountain : the defendant would not go to see Lady 
 Tichborne, so Lady Tichborne goes to see him. Then Coyne tells 
 us that, instead of the son and mother rushing into one another's 
 arms with a fond embrace, a most extraordinary scene took place. 
 This is Coyne's account : I daresay you remember it, for there never 
 was an account given Avhich was so likely to make an impression, 
 from the remarkable manner of the man and his Avonderful brogue, 
 which I never heard equalled in the whole course of my life, and 
 which made it almost impossible to maintain one's gravity while he 
 was giving an account of what passed, especially when to that is 
 superadded the singularly ludicrous character of the story itself. 
 He says : " Lady Tichborne Avalked into the bed-room where he 
 was, me and Mr. Holmes walked in after her. The bed was 
 in the corner of the room, and he Avas lying on the bed with 
 his clothes on him. Q. In the bed or on the bed? — Over the 
 bed ; the bed clothes were mider him, but he had his own clothes
 
 ( 645 ) 
 
 on him. Q. Just tell us how he was lying on the bed ? — He 
 was lying with his face under him, turned in towards the wall. 
 Q. Did he turn round? — She reached her head over him in the 
 bed like that (illustrating), and kissed him. Q. Did he turn 
 round? — He stopped as he Avas, on the bed. Q. Do you mean with 
 his face to the Avail ? — Yes. Q. Where did she kiss him ? — On the 
 mouth, I believe, or the cheek. Q. Did she say anything ? — Yes. 
 Q. What did she say ? — She said that he looked like his father, and 
 I think she said his ears looked like his uncle's. Q. How long did 
 you remain there ? — As soon as she said the word, then she turned 
 round, and I was standing close to the foot of the bed. She told me 
 he was nearly stifled, and I took his clothes off and imdid his braces ; 
 I did not take his clothes off. Q. Had he his coat on? — Yes. 
 Q. Did you do anything to his coat? — I managed to pull him over 
 towards me as Avell as I could. Q. Did you take his coat off at last ? 
 — Yes. Q. Do you remember any conversation at all ? — She told 
 me to put some coals on the fire. Q. Did you hear any conversation, 
 anything said ? — IVIr. Holmes said to me, ' You Avitnessed that Lady 
 Tichborne identified her son,' and I said ' Yes, so did you hear Avhat 
 she said.' Q. Hoav long did you remain there ? — About ten minutes 
 or so, as near as I can guess. Q. After that, did you ever go again 
 with Lady Tichborne there? — She told me to go home that time ; 
 she remained there Avith him. She told me to go home and come 
 for her betAveen nine and ten o'clock and fetch her home ; and I did 
 in a cab. Q. Did you hear him say anything during that time ? — 
 Not that time. The Lord Chief Justice : Did he remain lying 
 on the bed the Avhole time ? — While I Avas there he did." 
 
 The following is the defendant's account, and I do not knoAV that 
 it differs materially. Having said he Avent Avith Mr. Leete and 
 Mr. Holmes, he is asked, " Who is Mr. Joseph Leete ? — He is one 
 of the firm of Leete and Baillon, or some such firm as that, at 
 St. Mary-at-Hill. Lord Chief Justice Bo\aLL: Leete and Avhat? 
 — Leete and Baillon; he is agent for Mr. Allsopp. Q. Mr. Allsopp, 
 the brcAver, do you mean ? — I really do not knoAV, my lord ; yes, 
 the brewer; he is a continental agent, I think. Mr. Giffard: 
 Mr. Holmes was your solicitor ? — Yes. Q. Just tell me ; had you 
 at any place seen Mr. Bowker at that time before you went to 
 Paris? — I might haA-e seen him; I did not knoAv Mr. BoAvker at 
 that time. Q. Well, Avhen you got to Paris Avhere did you go to ? — 
 I Avent to the Lille et d' Albion. Q. Did you see your mother the 
 same night you arrived or not? — Not the same night. Q. How 
 came that to pass? — It was late. Q. When did you see her?— The 
 next morning. Q. Did you go to see her, or did she come to see 
 you? — She came to see me. Q. How was it that that happened? — 
 I Avas unwell. Q. About what time of the day Avas it that she saAV
 
 ( 646 ) 
 
 you ? — I have no idea what hour. Q. What was the matter with 
 you? Were you very unwell, or what? — I was very unwell indeed." 
 — We are not told what Avas the matter — " Just tell me, so far as 
 you remember, what passed : when your mother came, did she 
 recognize you at once, or not? Lord Chief Justice Bovill : 
 Describe the scene as nearly as you can, if you would be kind 
 enough ; you will not be much longer under examination ; be kind 
 enough to describe clearly, distinctly, and slowly, exactly what 
 occurred ? — I do not know that I am really able to do that, my lord. 
 Lord Chief Justice Bovill : ' I do not know that I am able to do 
 that ! ' Do you mean you do not know that you are able to describe 
 Avhat occurred? — Not when my mother first entered the room. 
 Q. Give us the best account you can ; you have not much longer 
 to remain under examination? — I am very glad to hear that, my 
 
 lord. The first thing I remember Q. Tell us in your own way 
 
 your account of what occurred at that interview ? — My mother was 
 standing alongside the bed when I was laying on it. Q. When 
 I was what ? — I was laying on the bed, and my mother was standing 
 alongside of it. Mr. Giffard : As nearly as you can remember, 
 teU us what happened ? — I am not aAvare that anything happened : 
 I was attended by a medical man. Q. Well, did you speak to her, 
 or did she speak to you ? — I could not say who spoke first ; we did 
 speak. The Lord Chief Justice : You drop your voice so, 
 I cannot hear what you say ? — I cannot tell which of us spoke first ; 
 but we conversed for a long Avhile, I remember that. Mr. Giffard : 
 Can you tell me whether she recognized you at once, or after a time, 
 or what? — I cannot say. The Lord Chief Justice: I do not 
 hear? — I cannot answer that question, my lord; I cannot say. 
 Q. ' I cannot answer that question,' is that what you say ? — Just so, 
 ray lord ; I do not Avant to give an answer to a question that I do 
 not know of. Q. I only want to know what you say ? — That is 
 exactly what I say, my lord." Then the witness says, " I do not 
 know what is the question. Mr. Giffard : He asks for the question 
 to be repeated. The Lord Chief Justice : Can you tell me if 
 she recognized you at once or after a time ? — I cannot say ; I do 
 not know. Q. Is that the answer you give ? — That is the answer 
 to it, my lord, and therefore I cannot say: there were others in 
 the room, who will be able to give a better account than me. 
 Mr. Giffard: I was going to ask you avIio else was in the 
 room? — Mr. Holmes Avas in the room, and Mr. Leete. Q. Mr. 
 Holmes and Mr. Leete were both in the room : Anyone else ? — 
 I am not certain whether Dr. Shrimpton Avas there or not ; I knoAv 
 that Sir Joseph Olliffc Avas sent for afterAvards, and I believe 
 Dr, Shrimpton Avas present at the time. Q. You believe that Dr. 
 Shrimpton Avas present at the time, and you knoAV that Sir Joseph
 
 ( 647 ) 
 
 Olliffe ■was sent for aftenvards ? — Yes." — Accordiiio; to Coviie's 
 account it would not appear that any medical man was present, but 
 the question was not directly put to him. — " Q. Were either you or 
 your mother affected at the interview? — Yes, I believe we were both. 
 Lord Chief Justice Bovill : I must ask you to be kind enough to 
 repeat those words. — I think we both were. Mr. Giffard: I think 
 you say you were engaged in conversation with her for some time? — 
 Yes. Q. Did she in words express any doubt about your being her 
 son ? — Oh, not the slightest. Q. How long did that iuter^aeAv last? 
 Till late in the morning, I think. Q. Were the gentlemen you 
 mention present during the whole of the interview, or only during 
 the first part ? — They were there during the day. Q. They Avere in 
 her company during the day, or whether they went out a little while ? 
 — I suppose they did, but I do not remember it distinctly." 
 
 That does not differ very much from the account given by Coyne. 
 If it did the observation made by the defendant is an observation 
 which may be repeated now. There were others in the room Avho 
 might give a better account of it. Mr. Holmes has not been called, 
 and there may be good reason for not calling Mr. Holmes on the 
 part of the defendant. He has entirely separated himself from his 
 cause and his interest, and I think it cannot be doubted he has given 
 some information to the other side. But Mr. Leete is not mixed up 
 in this matter, and, if there was anything in the narrative which 
 adniitted of contradiction, there was Mr. Leete who was present, and 
 might have been called. 
 
 Now, the defendant says he was ill at this time. It was singularly 
 unfortunate that at that critical juncture, as was the case on one or 
 two other important occasions, the defendant should have been ill 
 when it was most desirable he should be well. Certainly it is a 
 strange account of the meeting between a mother and a son under 
 the peculiar circumstances in which mother and son were placed. 
 One would have thought if there remained one spark of life in the 
 man, if there was one particle of strength and energy left in him, the 
 presence of the mother who was so anxious to see him, and whom he 
 had not seen for so many years, would have given him suflficient 
 strength at all events to enable him to rise and throw himself into 
 her arms. But you have the defendant going to bed with his 
 clothes on, lying on the bed with his face turned to the wall, 
 making no sign of movement or life when the mother comes to 
 embrace him, and sa^'ing nothing. He lies on the bed with his face 
 turned to the wall, so that she has to stoop over to kiss him, 
 her only observation being, " Poor Roger, his face looks like 
 his father's and the ears are like his uncle's." And all this in 
 presence of the Irisli servant, and the gentleman picked up at the 
 billiard-room, and Mr. Holmes the attornev, with Avhom he had
 
 ( 648 ) 
 
 become acquainted in the last few days. The whole thing presents 
 the appearance of something which might be told in one of the 
 drollest of Smollett's novels. It seems certainly a strange meeting. 
 
 Another question here presents itself. What reason can be given 
 for having taken over the attorney and Mr. Leete on such an 
 occasion ? Their presence, one would think, would be superfluous 
 and unpleasant, and, even if they had been taken to Paris, one 
 would not have supposed that they would have been allowed to be 
 present, Avhen the son and the mother first met. The defendant says 
 they went with him for the purpose of protecting him, because at this 
 time the opposition to him Avas so great that he felt himself to be unsafe, 
 and therefore he took those two persons over with him to Paris. But 
 at this time no opposition had been made to him by any one, with the 
 single exception of Mr. Gosford, who had been down to see him with 
 Mr. Cullington and INIr. Slaughter in the manner I have adverted 
 to, and which I think was AVTong. But there was nothing else 
 W'liich I think would make him take a solicitor and friend, and one 
 cannot readily explain Avhat motive there could have been, consistently 
 with his being the son of the lady he was going to see, for taking 
 these persons with him. It may possibly be suggested that he was 
 apprehensive effacing the coming interview alone, and felt the want 
 of support. But why should this be so if he knew he was going 
 to meet his own mother? Why should he entertain any fear 
 of the result of such a meeting ? It is altogether a strange pro- 
 ceeding. 
 
 Let us follow the subsequent course of events. There were at 
 Paris several persons quite competent to form a judgment Avhether 
 the defendant was Roger Tichborne or not. There Avere some of the 
 old friends still living. Death had removed some, but others were 
 still there. Chatillon, the Abbe Salis, M. D'Aranza, the Vicomte 
 de Brimont, the Pere Lefevre, the confessor of Koger Tichborne for 
 so long a time, were at Paris, and might have been called upon 
 by Lady Tichborne to say whether this was her son or not. The 
 only person alloAved to see him w^as Chatillon, Avho says that 
 Lady Tichborne held this sort of communication Avith him. He 
 says she came to him and said, " ' Chatillon, I have come to see you, 
 and to ask you to come Avith me immediately to recognize Roger, 
 who has come back.' I said, ' Certainly, if it is your son it Avill be a 
 great satisfaction for me to see him after such a long absence.' And 
 then I asked her for a fcAv minutes to take my dejeuner, Avhich 
 I had not then had. She said, ' No, you must come at once.' I 
 then Avent downstairs Avith her, and got into her carriage, in order 
 to go to the Hotel de Lille et d' Albion. On the way thither she 
 said, ' I hope, Chatillon, you Avill recognize my dear Roger,' and 
 I said, ' Certainly, madame, if it is he, but, in the contrary case.
 
 ( 649 ) 
 
 I will tell you no.'" They got to the hotel, and he took the very 
 sensible precaution of suggesting to her not to mention his name to 
 her son, because if there was any one Roger Tichborne was likely to 
 recollect it would be Chatillon, who had been his tutor, as you knoAv, 
 in his boyhood, and with whom he had breakfasted the very last day 
 he was in Paris ; but he says the moment they got to the apartment 
 where the defendant was, instead of acting upon his caution, she 
 immediately said, " Sir Roger, here is M. Chatillon." Then he 
 says : " On the first impulse of the moment I addressed him and said, 
 ' My dear Roger, I am very happy to see you after so long an absence,' 
 but afterwards I stepped back three paces ; I looked at her supposed 
 Son, and I said, ' My lady, it is not your son, it is not so.' She said 
 to me, * You do not embrace Roger.' I said, * No, my lady, it is not 
 he; you are deceived.' " He says, "there were there the lawyer, ]\Ir. 
 Holmes, and an interpreter" — that was Mr. Leete, who was familiar 
 Avitli French, and he called him an interpreter — " She said to me, ' He 
 does not speak French any longer.' I repeated again, 'Well, it is not 
 Roger.' I then asked her to be good enough to let me have some 
 dejeuner, because I had not had mine, and she had finished hers. I 
 then sat down in front, the interpreter by my side, and I asked many 
 questions." The questions were asked in French, and w^ere intei-preted 
 by Mr. Leete. This was Avhen he had done his breakfast. Then he says 
 he asked the defendant this question, " With whom did you breakfast 
 and dine the last day you were at Paris ? " — We know with whom he 
 breakfasted and dined, if the evidence is to be relied upon. He 
 breakfasted with Chatillon, and dined at his father's house — there was 
 a farewell dinner to the few friends Roger Tichborne had in Paris 
 the night before he left — " He said he did not knoAv. Then I asked 
 what chain he had on on leaving, and he said, ' it was a gold chain ' " 
 — Here, again, we know from Chatillon that Roger left his gold 
 chain behind, and Chatillon went to the shop au rajulateur and 
 bought a silver chain, which Roger wore and took away with him — 
 " I asked him if he recollected the trips we had made in Normandy, 
 to Pomic, and in Brittany. He answered, ' No, I do not know ; 
 I do not remember;' and madame said to me, ' Chatillon, you must 
 not ask him any more, because he has seen so many things that he 
 no longer remembers anything ' " — Such was the convenient view 
 which Lady Tichborne had adopted — " The claimant had, all the 
 while my questioning lasted, his head hidden with his pocket hand- 
 kerchief. He was hiding his face with his pocket handkerchief in 
 order that I should not see him, and after that he got up and left, 
 and I saw him no more." 
 
 Now this was on the Monday, and, Avith a view of having another 
 interview and a further opportunity of judging, M. Chatillon invited 
 Lady Tichborne and the claimant to come and have their dejeuner
 
 ( 650 ) 
 
 with him on the following Thursday. Lady Tichbonie declined that, 
 and said that, instead of their going to lunch with him, he had better 
 come and lunch with them at the hotel ; and, accordingly, it was so 
 arranged; he was to come on the ensuing Thursday, and take that 
 meal with them ; but in the meanwhile he gets a message from Lady 
 Tichborne, putting the party off, and so the thing did not take place. 
 Being desirous to see the claimant again, he goes a second time to 
 the hotel, and there he sees JNIr. Holmes, and Mr. Holmes says he 
 cannot see the defendant; that the defendant was ill, and could not 
 be seen. So he did not see him, and had not the opportunity of 
 another interview. On cross-examination he is asked Avhether the 
 interpreter did not ask the defendant this question, " Do you 
 remember Chatillon?" He says, "No, the interpreter did not ask 
 that question. Q, And did not the defendant say, ' Most certainly, 
 I should have recognized him anywhere?' — Yes, he did say that; 
 after my name had been told him he said, ' I wovdd have recognized 
 him any^vhere.' The Lord Chief Justice: Repeat that, if you 
 please. He said, ' Certainly, I should knoAv M. Chatillon amongst 
 a thousand persons;' but he already knew my name, which Lady 
 Tichborne had told him. Q. Do you remember Lady Tichborne 
 saying to you at their interview, ' Do you know Roger, do you 
 recognize him?' — Yes, she asked me, ' Do you recognize Roger?' 
 Q. What answer did you make ? — I said, ' No, it is not your 
 son.' Q. Did you not say, 'I must search, I must reflect, I must 
 think?' — I said, ' Between this and Thursday' (that is w^hen it was 
 proposed the meeting should take place again) ' I might perhaps 
 remember something.' Q. ISIy question is very distinct. Did you" 
 not say, ' I must search, I must reflect, I must think?' — Certainly, 
 I said, 'I must think from now till Thursday; I may think of 
 something.' Q. Did not Lady Tichborne then say, ' Surely you 
 can say w'hether you recognize my son or not?' — No, she did not 
 say so." 
 
 Then he is asked about an important matter. We know that when 
 they went to Pornic, Roger Tichborne, after bathing in the sea there, 
 had a fall which seriously hurt him at the time. Chatillon says that, 
 in this conversation with the defendant, he put questions to him about 
 the trips to Normandy and Brittany, and amongst them about this 
 trip to Pornic, Avhen the defendant said he did not remember going 
 to Pornic. Hereupon Chatillon expressed surprise, and mentioned 
 the fall that Roger Tichborne had there, and the effect that it produced 
 upon his head, which he represented as a sort of indentation made in 
 the head from the blow against the rock, and he described it by 
 squeezing his hat together, making a sort of vacant space, or apparent 
 hoUow, which he showed as being like the mark made on the head 
 from the temporary pressure; the effect, he says, being, not to cause
 
 ( 651 ) 
 
 a wound, or a cut — but simply an impression on tlie substance of the 
 head, so that afterwards, when the effect of the blow had ceased, this 
 appearance ceased also, and there was no scar at all. When he spoke 
 of the blow and tried to represent its effect by squeezing his hat 
 together, the defendant said he had a scar at the back of his head ; 
 and the scar Avas searched for in M. Chatillon's presence, but they 
 could not find it ; but the defendant says it was found the next day 
 by a hairdresser who came to cut his hair, and it appears that there 
 is a scar at the back of his head. How that scar was produced is 
 another and a different question. Chatillon's statement is that no 
 scar resulted from the accident at Pornic, because there was no cut 
 or wound. The fact that the defendant has a scar at the back of the 
 head, Avhich he says was produced by the accident at Pornic, is one 
 of the things we shall have to consider by-and-by. Chatillon says, 
 " At the time I asked the claimant if he remembered the fall at 
 Pornic, he answered, no, he did not remember it. I then said to 
 Lady Tichborne, ' It is astonishing,' and then I showed by my hat 
 what it was." 
 
 But the defendant gives a totally different account of the interview 
 W'ith Chatillon. There was a long contest between him and the 
 Solicitor-General, much too long to follow up, as to whether he knew 
 Chatillon was coming or Avhether he did not. In the end, however, 
 he admits that he knew Chatillon had been sent for, and does not 
 deny that Chatillon Avas announced by name and presented to him 
 by his mother. He denies that he had a handkerchief to his face ; at 
 all events, he says he does not remember it. " No doubt," he says, 
 " it is the information of your spies, so I have no doubt it is correct. 
 It appears I had a handkerchief to my face even in my own private 
 room. Q. Who was present ? — Mr. Leete, Mr. Holmes, my mother, 
 Chatillon, and myself." Of course there could not be a spy among 
 these, so the suggestion that the fact had been suggested to the 
 Solicitor-General through the medium of a spy is simply absurd. The 
 Solicitor-General : " Then it is just possible I may have informa- 
 tion Avithout a spy : do not talk about spies to me, but ansAver me 
 whether you Avere holding a handkerchief up to your face ? — How is 
 it possible for me to recollect ? Q. Do you recollect AA-hether you 
 had or not ? — I do not. Q. Did Chatillon ask you some questions ? 
 — I believe he did. Q. Did he speak French to you? — Yes, and 
 some words in English." Then follows a long discussion as to 
 whether Chatillon at any other time spoke any English to him or 
 whether he did not. They get into a Avraugle, and the defendant 
 asserts that the Solicitor- General is trying to make him perjure 
 himself. He says : " I am aware you are trying to make me perjure 
 myself, and I am trying not to do it. No doubt you are jierfectly 
 capable of inducing a person to do so." That Avas a flagrant insult
 
 ( 652 ) 
 
 to the Solicitor-General, and JNIr. Serjeant Ballantine seems to have 
 been ashamed of it, and says, " Keep yom-self to answering the qiics- 
 tions ? — No, I Avill not." Then there are some very coarse observa- 
 tions on Chatillon for having eaten his breakfast and made so sub- 
 stantial a meal as the defendant represents. 
 
 The Viscount de Brimont, Avho was a near connection, was also at 
 that time at Paris. I do not know if I am justified in saying he was 
 a cousin ; if he was he Avas a distant cousin. Still he was treated as a 
 relation. He resided in the Place de la Madeleine, and was on very 
 friendly terms with Lady Tichborne, and was in the habit of going 
 frequently to see her. He says : " I went several times to see her, and 
 I took my wife to her several times. Q. Were your visits of frequent 
 occurrence ? — Yes. Q. Do you remember hearing her speak of her 
 anticipation of Poger Tichborne coming back ? — Yes, she told me she 
 was expecting Poger; he had written toiler, and sent his photograph, 
 and that he would come home very soon ; and I asked to see his 
 photograph, and she said, ' Oh, he is very much altered ; you Avould 
 not know him again ; there is no use showing you his photograph.' " 
 And she never did show him the photograph. He is asked : " Did 
 vou tell her — I do not know whether she knew it before — at all 
 events, did you mention to her the fact that you had been at Stony- 
 hurst? — Oh, she knew it. Q. She knew it ? — Perfectly ; and I said 
 to her, ' If Poger has come home I shall be very glad to see him, 
 and I shall soon make out if it is him or not.' And then she said, 
 ' But you have no right to do that, and if you wish to please me you 
 will see him indoors without speaking to him, and you will testify 
 that it is him.' ' Oh,' I said, ' my lady, you do not think what you 
 are asking me.' Mr. Justice Lush : I said, ' If Poger has come 
 home I shall be very glad to see him ?' — ' I shall be very glad to see 
 him, and I shall very soon make out if it is him or not.' Then 
 she said, ' You have no right to do that. I do not acknowledge 
 you the right of doing that.' We spoke in French. She always 
 spoke French with me, and she said to me, * You have no right to 
 investigate my son in that way ; but if you like to do something to 
 please me you will see him indoors without speaking to him, and 
 you will testify that it is him.' — ' Well,' I said, ' my lady, you do not 
 think of what you are asking me ;' and from that day I never was 
 admitted any more to see her. I saw her at the windoAv fi-om our 
 apartments, and I called several times to see her, but never was ad- 
 mitted. I Avas told her son had come, and had been recognised by 
 her, but of course I did not trouble myself about it at the time. I 
 kncAV he had been recognised at the Hotel d'Albion, but I did not 
 think of going there myself. I never Avas asked by anyone, and 
 I never saw his mother afterwards." 
 
 The Abbe Salis, who had knoAvn him CA'er since the year 1839,
 
 ( 653 ) 
 
 and had been upon the most intimate terms, was asked by Lady 
 Tichborne to go and see the claimant for the purpose of recog- 
 nising him. He said No, he would rather not. He knew what 
 had passed with Chatillon. He was assured by Chatillon, who 
 had seen the defendant, that he was not Roger ; besides which he 
 felt assured it Avas not Roger, because Roger would certainly have 
 come to see him, and, being thus certain, he knew that if he went to 
 see him, he should come to the conclusion he was not the true Roger, 
 and so should offend Lady Tichborne ; so he declined to go. Then 
 he says she held out to him the prospect of some reward if he would 
 come and acknowledge her son. 
 
 Now, very strong observations have been made on this, and the 
 learned counsel for the defendant has gone the length of saying with 
 regard to the Abbe Salis, that the statement of this venerable- 
 looking Abbe — for certainly there never was a man whose exterior 
 was more calculated to impress one than this French priest — who 
 looked like one of the Frenchmen of the old school one has been 
 more or less taught to respect — was wholly untrue, and applied to 
 him the very offensive and opprobrious term of " infamous priest." 
 The statement that the witness makes in this respect may be open to 
 observation, but why the term " infamous" should be a])plied, and 
 why the term should be applied in connection with his calling, 
 which is one that even those that do not belong to that particular 
 religion ought still to speak of with respect — why the Abbe Salis is 
 to be teiTned an " infamous priest" because the learned counsel does 
 not like his evidence I own I do not quite see. One cannot but 
 regret that opprobrious and offensive terms should be thus carelessly 
 and recklessly bandied about. It does not tend to the elucidation of 
 truth or the proper administration of justice, nor is it consistent with 
 that delicacy of feeling and sense of justice which characterizes the 
 English Bar, and which one does not often see violated, and certainly 
 I have never before seen violated to the extent to which it has been 
 carried in this case. I did not understand the Abbu Salis as meaning 
 that this was an offer of a personal bribe to him, but that, as he had 
 been for a long time the means of distributing the charity of Lady 
 Tichborne, Avho appears, to have given away very much in Paris, 
 where it is very much needed among the poor — for they have not the 
 same poor laws we have here — as she had been in the habit of giving 
 him money for the purpose of distribution — the Abbe meant to say, 
 not that she offered him a direct personal bribe, but assured him of 
 her continued bounty for the purpose for which he was anxious to 
 obtain the pecuniary assistance of the rich, namely, the benefit of the 
 poor. 
 
 NoAv one of the difficulties which stood in the Avay of Lady Tich- 
 borne being satisfied of the claimant being her son, to which I have
 
 (. 654 ) 
 
 adverted, was the reference he had made, or the message he had sent, 
 to his supposed grandfather. Twice in her letters she says: "Koger 
 never knew his grandfather, his grandfather was dead before I married 
 his father." That ought, of course, to have startled her, and appears 
 for the moment to have done so, and one wants some explanation of 
 this, as to how it occurred and Avhat he could possibly mean. It Avas 
 very proper, therefore, that the defendant should be asked for his 
 explanation when he came to be cross-examined. The passage from 
 the letter is read " he never kncAv his grandfather." Then he is 
 asked this : " You see that Lady Tichborne there says 'he never knew 
 his srrandfather : Sir James's father was dead even before I married 
 his father ; ' had you sent a message to your grandfather ? — I spoke 
 of my grandfather. Q. Had you sent a message to your grand- 
 father? — Xo, not a message : I think not. Q. Will you swear you 
 had not ? — Well, no. Q. Take care ? — I Avill take care ; I am here 
 for that purpose, and to speak the truth, I have no other object. 
 I say that my mother is mistaken, for I knew Mr. Seymour of 
 Knoyle, who was my mother's father, well : If he was my mother's 
 father, surely he must be my grandfather." Thus, you see, the turn he 
 gives it is this. It is true I spoke of my grandfather, and it is per- 
 fectly true if I had spoken of my paternal grandfather I should have 
 talked nonsense, because my paternal grandfather I never could have 
 known. My mother's ansAver is true, he was dead before my father 
 married her ; but the person I meant was Mr. Seymour of Knoyle, 
 who was my mother's father, and therfore must surely have been my 
 grandfather. Q. " Had you sent a message to your grandfather ? — 
 I cannot say what I sent ; if I did so, produce the letter, and let it be 
 read out " — Unfortunately the second part of that letter Avas not 
 capable of being produced, unless by him, and it was not produced, 
 and consequently not read — " Had you sent a message to your 
 grandfather? — Is it possible that you can call on me to remember 
 every sentence I have Avritten, and every sentence I have spoken 
 throughout my life ? I say it is an impossibility for any man to do 
 it. I Avill give you what information you require as far as it is within 
 my knowledge ? Q. Had you sent a message to your grandfather ? 
 — I cannot answer that question, my Lord : what am I to do ? He 
 will ask me presently wdll I swear it ; I am already on my oath ; 
 every w^ord I speak I swear to. I am perfectly a^vare he wishes to 
 bewilder me, to make me tell something Avliich I do not intend to 
 say ; it is not my intention to do so." The Lord Chief Justice, 
 instead of rebukino; him for observations so offensive to the Solicitor- 
 General, very mildly says, " Only attend to the questions and 
 endeavour to answer them, and do not say anything except what you 
 intend to say. — That is what I Avisli to say. The Solicitor- 
 General : The question is a very simple one : Lady Tichboi'ne says
 
 ( 655 ) 
 
 * he never knew his grandfather ; Sir James's father was dead even 
 before I married his father : ' had you sent a message to your grand- 
 father ? — I cannot answer that question. Q. You will not swear you 
 had not? — Well, if you say I did, it would be nonsense to say I did 
 not. Lord Chief Justice Bovill: The question is, what do 
 you say about it ?— What am I to do ? The Lord Chief Justice : 
 It is a very simple matter. — It might be simple to you gentlemen 
 who are so Avell learned in the law, but I am not. The Lord Chief 
 Justice : It is not a matter connected with law at all; you may not 
 remember the thing, and you may say so ; yom* memory may be 
 sufficiently good to remember ? — Interrupting your lordship, I know 
 not what I write in any letter I have ever written." He goes on for 
 some time, and then the Solicitor-General says : " I ask you had you 
 sent a message to your grandfather ? — I cannot answer. Q. Do not 
 
 say I am trying to bewilder you The Lord Chief Justice : The 
 
 question is plain and very intelligible. — I must answer that I do not 
 know whether I did or not, my lord." Again the passage from the 
 letter is read, and again he is asked the question, and he says " I 
 cannot answer that question." Having said that he intended at all 
 events (whatever message he may have sent or heard) to refer to Mr. 
 Seymour, his maternal grandfather, he is asked this important ques- 
 tion, and it bears not only on the meaning of that letter, but also on 
 the question of identity with Roger Tichborne, because we know that 
 Roger Tichborne never did speak of ]Mr. Seymour as his grandfather. 
 *' Do you mean to say, upon your oath, that the relationship betAveen 
 the Dowager Lady Tichborne was so acknowledged that you spoke 
 of Mr. Seymour as your grandfather ? — Yes ; on my solemn oath — the 
 very words you are saying I instructed my attorney to say, and he 
 will produce them in writing — that I always called him Mr. Seymour, 
 although he was my grandfather ; if you wish it he will produce it. 
 Q. That is exactly what I said ; did you ever in your life speak of 
 Mr. Seymour as your grandfather ? — Most undoubtedly I did. Q. I 
 beg your pardon, did Roger Charles Tichborne? Will you swear that 
 he ever in his life spoke of Mr. Seymour as his grandfather, or wrote of 
 him ? — Yes, I will swear he did. Q. Did he ever address him as his 
 grandfather ? — No, I do not know that he did. Q. Will you swear 
 that he ever did? — I do not think I ever did. Q. Then do you 
 
 mean to say? 1 mean to say this. The Solicitor-General: 
 
 Attend to me The Lord Chief Justice : Let him finish ; 
 
 it may be some explanation. The Witness : I do mean to say 
 this, that in speaking of him personally I do not think I ever 
 addressed him as my grandfather, but in speaking of him to other 
 people I think I did. Q. Will you swear that? — I will swear it 
 positively Q. To Avhom ? — Do you wish me to go back to whom ?
 
 { 65G ) 
 
 Q. Give me one single member of the family to whom yon will 
 swear Roger Charles Tichbome ever spoke of Mr. Seymour as his 
 grandfather? — It is taxing my memory beyond the capability of 
 man." Then a wrangle ensues on that point, and then the Solicitor- 
 General says : " I ask you will yon swear that Roger Charles 
 Tichborne ever wrote of Mr. Seymour as his grandfather in his 
 life ? — I cannot answer that question. Q. Why do you not know 
 in the Tichborne family the relationship of Lady Tichborne to 
 Mr. Seymour was a thing carefully suppressed and not men- 
 tioned ? — And you wish to expose it to the public court ? Q. Who 
 has exposed it, sir? — You are trying to do it. The Solicitor- 
 General : Who has forced the relationship of ]Mr. Seymour and 
 Lady Tichborne on the court but you ? The Witness : God 
 forbid, I would sooner drop dead this very moment than do it." 
 Then an unpleasant discussion ensues, and I must say that, looking 
 through the evidence which I have just read, it is quite clear that it 
 was the defendant who first introduced the question of Mr. Seymour 
 being the grandfather to whom he intended to refer, and not the 
 Solicitor-General. The Solicitor-General entered on the cross- 
 examination on the supposition that the grandfather, who had been 
 referred to, was the paternal grandfather, and that was the view in 
 which Lady Tichborne herself had considered the matter. It never 
 occurred to her that it was Mr. Seymour, the maternal grandfather, to 
 whom the defendant referred ; she assumed he must mean the other 
 grandfather, and for the best of all reasons, that she kncAV perfectly 
 Avell that, as regarded Mr. Seymour, the relationship of grandfather and 
 grandson never had been acknowledged in the course of corresj)ondence 
 or conversation, or ever referred to in any way. We have the evidence 
 of the Seymour family, and all agree in the most positive manner on 
 that point. We have had besides, the correspondence of Roger Tich- 
 borne, in Avhich Mr. Seymour is referred to again and again, and in 
 Avhich Mr. Seymour is never spoken of as the grandfather, but as 
 Mr. Seymour, and what is the more striking thing is that in writing 
 to his mother, he does not speak of Mr. Seymour as her father or 
 as his grandfather, but as Mr. Seymour. I remember calling your 
 attention to that in a letter of the 11th of November, 1849, Avhen, 
 writing from Knoyle, INIr. Seymour's own house, to his mother, 
 he speaks of him as " Mr. Se}Tnour," and speaks of the wife as 
 " Mrs. Seymour," without any reference or allusion whatever to the 
 blood relationship. 
 
 A Juror: Did not Mr. Seymom- die in 1849? 
 
 The Lord Chief Justice : Mr. Seymour died on the 27th of 
 November, 1849. It Avas shortly after Roger Tichborne was at 
 Knoyle for the last time. He never went to Knoyle again.
 
 ( 657 ) 
 
 A Juror : Is the message supposed to be sent to a person avIio 
 was dead ? 
 
 The Lord Chief Justice : Yes ; I was going to point out that to 
 you in a moment. I imagine that the Solicitor-General was induced 
 to prolong the cross-examination, in order by the pressure of it to ob- 
 tain from the defendant an admission that there had been not merely a 
 reference to the grandfather, but a message directly addressed to him. 
 In that case the thing would have been perfectly absurd, because 
 Mr. Seymour died in November, 1849 ; therefore the message would 
 have been addressed to a person whom Roger Tichborne must have 
 known to be dead. But, irrespectively of this, the inquiry involves 
 incidentally the question of the acknoAvledgment of the relationship, 
 or of its being ignored. The defendant asserts positively on the 
 cross-examination, that this was the state of things — that although 
 he never addi-essed Mr. Seymour as his grandfather, nevertheless, 
 in speaking or wi'iting of him he Avould have spoken of him as 
 his grandfather, and therefore in writing to his mother he might 
 write of Mr. Seymour as his grandfather. The answer to that 
 is that, in corresponding with his mother, Roger Tichborne does 
 not speak of Mr. Seymour as his grandfather, but simply as Mr. 
 Seymour. And, in like manner, the relationship of the uncles and 
 aunts is Avholly ignored. We have a series of letters from Roger 
 Tichborne to Mr. Henry Danby Seymour, wdth whom he was in the 
 habit of occasionally corresponding ; there are no less than fourteen 
 such letters in evidence. It is always, " My dear Henry," and 
 " Yoiu- affectionate Roger Tichborne," without any mention of the 
 words "■ uncle " or " nephew." The uncles and the aunts, the Mr. 
 Seymours, and Mrs. Bouverie, and Lady Rawlinson all agree as to 
 this. The relationship was never referred to ; the terms " uncle " and 
 " nephew " Avere never used. The uncles and aunts were a much 
 younger brood (if I may use the expression) of old Mr. Seymour than 
 this daughter who had been born some years before at Paris. The 
 consequence was that their ages, especially that of the sisters who 
 were younger, approached so nearly to the age of Roger, that the use 
 of the Christian name between them, which might otherwise have 
 appeared unduly familiar as betAveen imcle and nephcAV, and aunt and 
 nephcAv, Avoidd not be striking. 
 
 A Juror : There Avas only five years difference between Mr. Alfred 
 Seymour and Roger Tichborne ? 
 
 The Lord Chief Justice : Yes, and that made all the difference ; 
 they could consequently call one another by their Christian names, 
 and ahvays did so. Under these circumstances, independently of 
 the fact of Mr. Seymour being long since dead, there coidd not have 
 
 u u
 
 ( 658 ) 
 
 been a message, and scarcely a reference to the grandfather, which 
 woukl not involve an inconsistency into which it can hardly be 
 supposed Roger Tichborne would have fallen. 
 
 Having returned from Paris, Avliich he did before the end of the 
 month of January, the defendant, Avho had now taken a house at 
 No. 3, Sydenham Road, Croydon, begins a correspondence, much of 
 Avhich is of considerable importance, and there is a letter to which 
 I must beg to call yoiu' carefol attention. There is no date to it, 
 but it must have been written immediately upon the return from 
 Paris. It is to Mr. Rous, his friend at the ' Swan' : " Dear Rous 
 I only receved your letter last night, has it was nine o'clock last 
 night before we retiu'ned from paris. i have have been ill for several 
 day in paris. and could not come before, i have seen all those 
 anonyamous paragrapts in the papers but have thought them below 
 my notice, has i know the Public Avill soon be convince of the truth. 
 You know i expected to find in Mr. Gosford a friend. But when 
 i arrived in london from your house, i found that instead of people in 
 Rios proving my death, it was no others than Gosford and slaughter 
 Avho have sworn possitively that i w^as dead, and that i died on the 26 
 of April 1854. and by so doing have deprived my father and mother 
 out of any of the doughty estate, and have been doing a very nice 
 thing." I must ask you to observe this passage. He says they 
 " swore positively that i was dead and that i died on the 26 April 
 1854 and by so doing have deprived my father and mother out of any 
 of the doughty estate." More prodigious nonsense never was penned 
 by man. The interest of his father in the Doughty estate was 
 Avholly independent of Roger Tichborne. The estate the father 
 took in the Doughty property was fixed, and imalterably fixed, by 
 the settlement of 1850, to which, as Ave know, Roger Tichborne was 
 himself a party. Under that settlement Sir James Tichborne took 
 an estate for life in remainder vipon the decease of his brother, Sir 
 Edward Doughty, and after Sir Edward Doughty's death he came 
 into possession of the estate. While his life lasted the son could 
 not touch a single stick or stone of the estate. He could do 
 nothing but affect his OAvn reversionary interest, of which, of 
 course, he had the power of disposing. But as regards keeping 
 his father and mother out of any of the Doughty estate, he had no 
 more power to do it than a stranger who was walking in the street. 
 He had no power of any sort or kind, present or fliture, which 
 could affect the father's interest. How then could Roger Tichborne 
 by any possibility have penned that passage ? By his will he made 
 certain dispositions of that estate, but, as I fully explained to you, 
 the provisions of the will could only take effect after his father 
 died. As regards the mother, she had an interest created in this
 
 ( 659 ) 
 
 way. Miss Donglity's will gave cacli possessor who had a life estate, 
 power, when he came into possession, to charge the estate to a certain 
 extent in favoni- of his wife ; and when Sir James Tichborne, after 
 Roger's departure, became, upon the death of his brother, the pos- 
 sessor of the life interest in the estate, he exercised that power in 
 favour of his wife, and created tAvo charges amounting in the whole 
 to 2,000/. a year in favour of Lady Tichborne, as we had explained 
 to us the other day fi'om the deeds. No one could interfere Avith 
 that. No proof of Hoger's death, no execution of Roger's "svill could 
 interfere with her interest, and no one could have known that better 
 than Roger Tichborne ; and yet we have this extraordinary passage 
 — " And by so doing have deprived my father and mother out of any 
 of the doughty estate." Why, the mother was at that moment en- 
 joying 2,000/. a year out of it I It was by means of it that she was 
 afterwards enabled to allow the defendant an income of 1,000/. 
 a-year ! He goes on and says — " And have been doing a very nice 
 thing. But i have been taking such proceedings against them and 
 others, that some of them will be astonish by and bye. I shall be 
 compeled to eject all the tenants at tichborne unles (with a single 's') 
 they promise to pay their rents to me. Mamma will be here on 
 Sunday. She is going to stay here with me until this business is 
 over, there is a great many people against me. they even employed 
 a solicitor in Paris to Avatch my proceedings." Now, the only soli- 
 citor to whom that can possibly refer, so far as I knoAv, is Mr. Bowker, 
 and it is a most unfounded assertion as far as regards Mr. Bowker. 
 He Avent to Paris, not to watch the defendant, but, at the instance of 
 Lady Tichborne, as her established solicitor, to assist and befriend 
 her, under the circumstances, and he did so at her OAvn express 
 desire. To say that he was AA^atching him Avas untrue : indeed 
 Mr. BoAA'ker did not stay at Paris, for the moment he found Lady 
 Tichborne did not want him, aAvay he AAcnt, on the \"ery day on 
 which the defendant arrived. The letter goes on : " i believe Moore 
 came np from Scotland, but i did not see him. AAdien he came home 
 from Valparisao. he told mamma that i OAved him fifty pound, and 
 got paid. But i Avill have the pleasure of leting him knoAv Avhat 
 i OAved him yet my dear Rons, i liaA'C been very slow but very sure, 
 hoping you are and your family quite Avell i remain yours faithfiilly 
 R. C. D. Tichborne, Bart." The obserA^ation has been made on that, 
 and I think not unfairly, that no baronet puts " Bart." after his 
 name, any more than a peer Avhen he signs his name, adds duke, 
 marquis, earl, viscount, or baron, Avhatever may be his rank in the 
 peerage. At the same time, that must not be pressed too strongly, 
 because a man Avho has gone aAvay before he succeeds to a title, and 
 spent twelve years of his life in Aiistralia, might not knoAv the habits 
 
 uu 2
 
 ( 660 ) 
 
 of people in this country, and might put "Bart." after his name if he 
 "Nvas entitled to that rank. But independently of that, the letter alto- 
 gether is a remarkable one. There are twenty-four lines in it, and 
 in those twenty-four lines there are no less than fifteen small " i's," 
 five of them at the beginning of sentences, and only two large ones. 
 It was said that no importance should be attached to these small 
 " i's" — which in an Englishman would bear the character of total 
 want of education, as no educated man ever uses a small " i" for the 
 pronoun — because the French do use the small " i." But to this 
 there are two answers. The French do not do it at the beginning 
 of a sentence, they only do it in the middle of a sentence ; but the 
 more conclusive answer is, that Koger Tichborne never did it, 
 though Roger had been educated in France. You may search the 
 whole of Roger Tichborne's letters, and I think I may safely say 
 there is not a single instance in Avliich he has used the small " i " 
 for the pronoun. Therefore, it is certainly a striking thing that the 
 defendant uses the small " i " to this extent. In this letter of twenty- 
 four lines there are fifteen small " i's," five of them at the beginning 
 of sentences, and only two large ones in the whole of the letter. 
 Besides this there are seven misspellings, four mistakes of grammar, 
 and six small initials Avhere they should be capitals, and all this in 
 twenty-four lines. 
 
 After wTiting this letter on his return from Paris, the defendant 
 went down again to Alresford, and there he became intimate with 
 Mr. Baigent, a man of a good deal of intelligence and possessing 
 great knowledge of the Tichborne family, and who was likely to be 
 useful as an auxiliary and ally to the claimant, and who very soon 
 became so. Now Baigent felt it was desirable that the defendant 
 should not be open to the repi'oach of not having sought his relations, 
 and we see from the letter I am going to read to you, that Baigent 
 pressed him not to keep himself aloof fi'om his relations, but to enter 
 into communication with them,- and it Avould occur to any one that that 
 was the natural course of conduct which a person under such circum- 
 stances might have been expected to pursue. Indeed, it must have 
 struck you as strange, when the defendant made up his mind to come 
 forward as Roger Tichborne, and accordingly Avrote to Lady Tichborne 
 in the mouth of January, 1866, that, Roger having been quite as 
 intimate Avith other persons in England as he Avas Avith his mother, 
 perhaps more so — because we knoAvhe had no very great affection for 
 his mother, and did not correspond Avith her to half the extent he 
 corresponded Avith Lady Doughty — I think it must have struck you 
 as singular that he did not, at the time he so came forAvard, and wrote 
 to his mother, Avrite at the same time to his aunt. Lady Doughty, and 
 to his uncles, the SejTnours, Avith Avhom he AA'as in the habit of
 
 ( 661 ) 
 
 corresponding, and to Mr. Gosford, his confidential friend. Becanse 
 at that time there was no injnnction as to secrecy on the part of 
 Lady Tichborne. It may be that she did afterwards enjoin secrecy, 
 and said do not communicate with anybody except me, but that did 
 not exist at the time I am speaking of, and his silence towards these 
 persons remains unexplained and cannot fail to excite surprise. 
 Again, Avhen he had been to Paris and had seen his mother, and so 
 far complied with the injunction, it strikes one as odd that he should 
 not have thrown off all concealment and said. Here I am, I now 
 put myself into communication Avith my relations and friends ; I 
 challenge their attention to the fact of my being Roger Tichborrte ; 
 I am ready to ansAver any questions ; I am satisfied that haAung truth 
 and justice on my side, I shall be able Avithout difficulty to satisfy 
 everybody that I am the man that I assert myself to be. But then 
 the suggestion made in ansAver is, that those persons to Avhom he 
 would otherAvise naturally have resorted were persons Avho Avere 
 leagued and combined against him, and from the outset of this 
 inquiry an attempt has been made — an unjust and unAvarrantable 
 attempt — to represent all those persons as connected in a vast and 
 wicked conspiracy to represent him (Avhile they knew him to be the 
 true man) as an impostor Avho was preferring a false claim. 
 
 Let us see for a moment what Avas the position of these parties 
 against Avhom this accusation has been again and again preferred. 
 The learned counsel for the defendant in plain terms spoke more than 
 once of the collaterals of the Tichborne family as persons avIio were 
 in possession of these estates, and Avere endeavouring to keep them 
 as against the man they kncAv to be the lawful OAAaier. I reminded 
 him that that assumption Avas altogether untrue ; that the only 
 persons wdio were in possession Avere the trustees for the infant son of 
 Sir Alfred Tichborne ; that the other members of the family Avere 
 not in possession, and that it Avas most unjust to represent them as 
 waging war against the defendant for the maintenance of a posses- 
 sion A\diich they kncAv to be mijust, Avhen in fact they Avere no more 
 in possession than any one of us. When I first made that obserA^a- 
 tion, the learned counsel appeared to yield to it ; he could not ansAver 
 it, because the truth does not admit of contradiction ; yet in his second 
 speech he used the very same language, and resorted to the same 
 misrepresentation — I use that term because it is an utter misrepre- 
 sentation. There is no pretence for saying they are in possession, in 
 any possible sense of the term. Still, though not in possession, they 
 may have had an interest Avhich may possibly have had the effect 
 of inducing them to refuse to acknoAvledge the man Avhom they 
 otherAA^se would liaA^e acknoAAdedged, and Avhom they kncAv to be the 
 right man. As regards the Seymour family, it is impossible to make
 
 ( G62 ) 
 
 any such suggestion. They had no interest under the settlement ; 
 they had no interest under lioger Tichborne's will ; they had no 
 interest in the question Avhether the defendant Avas the right man or 
 whether he was not. No possible state of circumstances that could 
 arise Avould in any way affect their position or make them one jot the 
 better for keeping the claimant out of the estates. Ah ! but, says the 
 learned counsel for the defendant, there was nevertheless a sinister 
 motive which no doubt was operating on their minds. AVell I Avas 
 surprised ; I confess it baffled my ingenuity to imagine Avhat this could 
 be. Roger Tichborne, says he, made a Avill disposing of his rever- 
 sionary interest in the Doughty estates, and he omitted to put in 
 any of the Seymours in the remainders. That AA'^as enough ; that dis- 
 gusted them Avitli Roger Tichborne and made them capable when 
 Roger Tichborne came back (because that is the effect of it) of the 
 inconceivable baseness of leaguing and banding themselves against 
 this man, although they kncAv him to be the right one. And that 
 imputation is deliberately cast upon two gentlemen Avhose characters 
 have stood unquestioned to the present hour, and upon two ladies 
 like Mrs. Bouverie and Lady RaAvlinson, Avomen whose conduct and 
 whose character is above all reproach. I can only say to you do not 
 allow the defendant to be prejudiced by representations of this kind, 
 which I believe arose out of the disposition of his own counsel to see 
 everything in the blackest and darkest light, and to impute corrupt 
 and Avicked motives to everybody, including persons Avhose character 
 ought to have protected them against such unAvorthy and unwarrant- 
 able imputations as those Avhicli have been thus made. 
 
 By a Juror : It often occurred to me, my Lord, the abuse was 
 measured by the importance of the Avitness. 
 
 The Lord Chief Justice : There is some truth in that. 
 
 By a Juror : That is the only reason for it. 
 
 The Lord Chief Justice : There may be truth in that, and I 
 am sorry I cannot stand between Dr. Kenealy and that observation, 
 which seems to me a just one. I can only hope the example he has set 
 to the Bar of England will not be followed as an example, but will 
 be looked upon as a Avarning ; and, I am sure I shall have the assent 
 of the Avhole body of the Bar of England to what I have just said. 
 
 But the Tichbornes do not stand exactly in the same position. 
 The daughters of Sir Henry Tichborne may one day by possibility 
 be benefited by the defendant not being Roger Tichborne. As the 
 matter at present stands, if the defendant be not Roger Tichborne 
 the estates Avould go to the infant son of Sir Alfred, that is of the 
 gentleman Avho was allowed to bear the title of Sir Alfred until he
 
 ( 663 ) 
 
 went to his grave ; but supposing Sir Alfred's son should not grow 
 up to manhood, and should not marry and leave issue, the estates 
 would then go to Mr. James Dormer. I am not aware, and I do not 
 know if any one present can tell us, whether Mr. James Dormer, 
 who is in the remainder and who is the second son of the late and 
 brother of the present Lord Dormer, has childi-en or not? 
 
 Mr. Chapman Barber : He has barred the entail and converted 
 it into fee simple. 
 
 The Lord Chief Justice : Then what I was going to say would 
 have no effect; I was going to say that by the settlement of 1844 
 the ultimate remainder was to the heirs of the settlor. 
 
 Mr. Chapjnlvn Barber : It was, my Lord. 
 
 The Lord Chief Justice: In tliat case the five daughters of 
 Sir Henry Tichborne, the ladies who have been called before us, 
 woidd be co-heiresses and would take their share of the Tichborne 
 estate. 
 
 Mr. Charman Barber : Sir Henry Tichborne by his will devised 
 to Lady Dormer for life, with remainder to James Dormer, and they 
 barred the entail. 
 
 The Lord Chief Justice : I cannot take blame to myself for 
 not knowing that, because it has not been brought to our knowledge. 
 In that case, gentlemen, they are in the same position as the 
 Seymoiu-s, no better and no worse. By the Avill of Sir Henry 
 Tichborne and by subsequent conveyances and deeds, the estate has 
 been entirely changed. These ladies have no more interest in the 
 matter than you or I. 
 
 Then from what motive are we to assume they have entered into 
 a vile and detestable conspiracy, the purpose of which is to be 
 carried out by wicked and deliberate perjury ? On what ground are 
 we to suppose they are capable of it — persons who are not the scum 
 of the earth, who are not tainted with crime, with wickedness and 
 fraud, but whose characters have stood without reproach or stain, or 
 imputation upon their honour ? There it is. You have been told, again 
 and again, that these people are waging an unjustifiable and wicked 
 warfare against the defendant, for the purpose of keeping him out of 
 possession of estates which they are in possession of, and which they 
 know he ought immediately to be allowed to recover. It is painful 
 to think of these things — that accusations are thus scattered broad- 
 cast against people's characters, without waiting to consider or in- 
 quire whether there is any foundation for the imputations thus made.
 
 ( 664 ) 
 
 If the learned counsel had taken the trouble to appeal to Mr. Chap- 
 man Barber, who knows the details of these estates, he would have 
 found that to talk of the collaterals being in possession, and com- 
 bining against the defendant to keep him out of the possession to 
 which he is entitled in order to retain it themselves, was an accusation 
 so frightfully unjust, that even he — who deals so largely in accu- 
 sations — would, I should think, have scrupled to make such a one. 
 
 Well, Baigent — to come back to the point at which we had 
 arrived — was anxious that the claimant should not be open to the 
 reproach of not addressing himself to the relations and friends 
 with whom Roger Tichborne had been intimate ; and when he was 
 at Alresford, there Avas one to whom that observation would apply 
 with great force. In the neighbourhood there lived Colonel and 
 Mrs. Greenwood — Mrs. Greenwood being one of the daughters of 
 Sir Henry Tichborne, and, therefore, a first cousin of Roger. 
 Colonel and Mrs. Greenwood, living at Brookwood, had always 
 been most kind to Roger: he never came to Tichborne without 
 going to Brookwood. He vised to ride over to BrookAvood, and go 
 hunting with Colonel Greenwood and his brother Colonel George 
 Greenwood, an officer Avho commanded the 2nd Life Guards for some 
 time. Both being hunting-men, and partial to Roger as a boy, they 
 took him out Avith them. Roger was most intimate with both of 
 them, and Avith Mrs. GreeuAvood. It Avas, therefore, very strange 
 that the defendant, if he Avas Roger, did not go to see them. 
 Baigent tried to persuade him to go, but he Avould not go. Well, 
 if he Avould not go, it Avas necessary to Avrite ; and thereupon, being 
 at Alresford, on the 3rd of February, he Avrote to Mrs. GreeuAvood 
 a letter, Avhich has now acquired notoriety as the " Cousing Kate " 
 letter, and Avhich is in these terms: — -"My Dear Cousing" — cousin 
 being written Avith a final "g" — "My Dear Cousing Kate I am very 
 sorry i am not able to come and see you before i go. my head is so 
 bad that i am not fit to come. Mr. Baigent is very much annoyed 
 about it. but i am coming here to spend a fue day at the end of the 
 week." — "few," as usual, being Avritten f-u-e — "and i shall then 
 have the pleasure of meeting you again. You AviU excuse me for 
 not coming has it AviU only be a fue day before i am with you. 
 I have an invitasion from Mr. Hopkins to spend a fue day with him 
 so i shall Ije doAvn about Tlmrsday. Give my regard to Cousing 
 William and G. I shall soon be doAvn again and have the pleasure 
 of a hunt with my old friend George. With my best regards my 
 dear Cousin" (here it is written right), "to you and your family 
 I remain your affectionate cousin R. C. Tichborne. I have to meet 
 Mamma to morrow at Dover and our address Avill be Essex lodge 
 thornton heath Croydon." That is a letter of thirteen lines, and in it
 
 ( 665 ) 
 
 there are six small "i's" to as many large ones, seven mis-spellings, 
 and four mistakes of grammar, the word "cousing" written twice 
 with a " g," and the word " few " written " fiie " no less than three 
 times. We cannot doubt, I think, that when Mrs. Greenwood and 
 her husband Colonel Greenwood saw that letter, they shook their 
 heads, and said, that never can be Roger. Gentlemen, Roger knew 
 how to spell the Avord "cousin." It occurs in every one of his letters 
 to Lady Doughty and is invariably spelt correctly. Do you think 
 he could have forgotten that it was spelt without a "g" at the end? 
 He never called Colonel Greenwood other than Colonel Greenwood, 
 or Colonel George Greenwood other than Colonel George Greenwood, 
 or Colonel GreenAvood ; he certainly never called him George. And 
 Colonel GreenAvood and Colonel George GreeiiAvood being hunting- 
 men, would be perfectly well aAvare that hunting-men do not talk of 
 going to " have a hunt ;" it is not an expression A\diich a man Avho 
 hunted Avith the Hampshire hounds Avould be likely to use. You 
 talk of a day's hunting, but you do not talk of " ha\'ing a hunt," at 
 least in that class of life. 
 
 Now you have had put before you, as a means of making a com- 
 parison, and judging whether or not this Avas the letter of Roger 
 Tichbome, a letter of the undoubted Roger Tichborne ; and, as it 
 happens, a letter to the same person to AA'hom the letter of the defen- 
 dant was addressed, namely, Mrs. Greenwood; and it is very fair and 
 very reasonable that the tAvo letters should be placed in juxtaposition, 
 in order that one may be compared Avith the other. The letter is one 
 of the last AAritten by Roger Tichborne Avhen in England, and cer- 
 tainly the last letter he ever Avrote to Mrs. GreeuAvood. — " Upton 
 House, Poole, Dorset. My dear Cousin, I shall not, I am sorry to 
 say, be able to go and spend a day or two at BrookAvood, as you had 
 the kindness to inA'ite me the last time I had the pleasm-e of seeing 
 you. I shall be obliged to go to Paris at the beginning of next 
 week, where I shall remain, in all probability, till about a Aveek or 
 ten days before I embark for South America. My time is in con- 
 sequence so much taken up Avith one thing or other, that it Avill be, 
 I regret to say, impossible for me to leave Upton this week. I should 
 feel much obliged if, AA'hen you haA'e a moment to spare, you favored 
 me with a letter. Though I shall be far aAvay, it Avill ahvays give 
 me much pleasure, during my wanderings in South America, to hear 
 from you or Colonel GreeuAvood," (not "my friend George," or 
 " George," or " Cousing William,") " I certainly Avill answer your 
 letters (though you must excuse my bad handAvriting), and give you 
 an account, if you feel any interest in it, Avhat kind of sport I get at 
 the top of the Andes, and in the middle of the forest of South America. 
 Pray remember me very kindly to Colonel GreeuAvood, and believe
 
 ( 66G ) 
 
 mc, my dear Cousin, your affectionate Cousin, R. C. Ticliborne. 
 6 December, 1852." That is a letter (as comjiared with the defen- 
 dant's) in which there is no mistake of any sort or kind. It is the 
 letter of a gentleman, a man of refinement ; avIio speaks of people 
 who are much his seniors, and to Avhom he had been in the habit 
 of looking up from his boyhood, with the respectful deference, as 
 regards his designation of them, Avliich a gentleman would naturally 
 show. There are the two letters, and you can judge for yourselves, 
 upon the comparison of the two, whether the man who wrote the one 
 I read first can have been the same man who wrote the one I read 
 last. 
 
 Then there comes another letter in rapid succession upon the one 
 which I have just read, addressed, not to Mrs. Greenwood, but to 
 Mr. Henry Danby Seymour. It may have been suggested to the 
 defendant, or it may have suggested itself to his own mind, that 
 being knoA^ai to have been on such terms of affectionate intimacy 
 with Mr. Henry Danby Seymour, the time had come when it was 
 necessary he should put himself in communication with him. Ac- 
 cordingly he writes him this letter : — " Alresford, February 10th, 
 67. — My dear Uncle You wiU excuse me not cummucating with you 
 before. I have been so shamefully treated since. I have arrived in 
 England that I did not whose where my frinds. I am staying with 
 my old frind Mr. Hopkins, for a fue day" — He writes " friend" with- 
 out an " e," like Arthur Orton — " And if you could come down 
 I w^ould so much like to see you. I am very glad to hear you are 
 a member for Poole. I suppose you remember the time they wanted 
 me to stand for it. Hoping, my dear Uncle to see you before long 
 and rencAv that old friendship that once existed between us again 
 I remain your affectionate nephew R. C. Tichborne. I expect 
 mamma to arrive every day. Mamma is going -with" — something 
 is here omitted — " and my wife at Essex Lodge, Thornton Heath 
 Croydon, near London." 
 
 The first thing that strikes one here is the use of the terms "uncle" 
 and "nephew," the evidence of the Seymours being positive upon the 
 point that the terms uncle and nephew never were used between 
 Roger Tichborne and the Messrs. Seymour, and the letters of Roger 
 Tichborne to Mr. Seymour going in the strongest Avay to confirm 
 it ; there being, as I told you, in no one of them any reference to the 
 relationship. But the reference to the Poole election is also remark- 
 able, that is to say, the statement that a deputation Avas addressed to 
 him, wanting him to stand for Poole, which he afterwards explains 
 to mean that a deputation came out to him when at Upton, for the 
 purpose of inviting him to stand. 
 
 Now there were two elections for Poole in Roger Tichborne's time.
 
 ( 667 ) 
 
 The first was in 1850, Avliich was the first time Mr. Danby Seymour 
 was returned for the borough. That Roger Tichborne was at that 
 time in Ireland with his regiment is undoubted — first, from the date 
 and the regimental papers, and secondly, from one of the letters I read 
 to you, in which Lady Doughty writes to Roger, who was then at 
 his quarters, telling him what had happened at the election and 
 giving him an account of the chairing. It is quite clear Roger 
 Tichborne was not at that election. The second election was in 
 July, 1852, Avhen, if you remember, Roger Tichborne, at the 
 instance of Mr. Sejonour, went over from Canterbury to see if he 
 could render him any assistance. The visit of Roger Tichborne to 
 Poole for that purpose appears to have proved perfectly useless. 
 He had no success in turning a single vote. He writes to his aunt. 
 Lady Doughty : " You must have been, I have no doubt, much 
 amused when you heard of my going to the elections. H. Seymour 
 wrote to me expressing a wish that I shoidd be with him at the 
 time of the elections, thinking, I have no doubt, that I might have 
 some kind of influence in Poole. I started at once to find out what 
 on earth had put into Henry's head that I had influence in a place 
 where I am not much more known than the man in the moon. As 
 soon as I arrived I began my campaign by Mr. Woollett, whom I 
 found very obstinate in refusing to give his vote. I talked about 
 two hours on the subject, but to no purpose ; I might just as well 
 have sung ' I'm afloat ' for what I got." In the letter to Mr. Sey- 
 mour written just after that time, he says : " I am very happy to 
 learn by the note which you send me the morning of my departure 
 from Poole that you had at last been elected ; I was very sorry that 
 my being so little known prevented me from doing more for you." 
 Mr. Seymour tells us he never heard a suggestion of such a thing as 
 Roger being asked to stand for Poole ; and that it could not have 
 taken place at that election seems quite certain. There were already 
 two liberal candidates in the field against two conservatives. The 
 Upton House and Doughty politics were liberal ; Mr. Danby Sey- 
 mour was standing in the liberal interest, and to have asked Roger 
 Tichborne to stand in the same interest, the only interest in which 
 he could have stood with regard to the influence of Upton House, 
 would have been to destroy the only hope of success, and frustrate 
 the very purpose for which he had come to the place. It is im- 
 possible, I cannot but think, to suppose that he covdd have been 
 asked at that election to come forward as a candidate, and equally 
 so to suppose that Mr. Danby Seymour would not have heard some- 
 thing about it, if any of his friends and supporters had been in-ational 
 enough to ask this young man to stand. We knoAv with how much 
 jealousy every move which is taken at an election, and which may 
 affect the chance of a candidate, is Avatched. Such a thing coidd
 
 ( 668 ) 
 
 not have been done without its being known to Mr. Danby Sey- 
 mour, who was at that time engaged in a very arduous struggle in 
 w^hich, however, he Avas successful in the end. The defendant, 
 indeed, avoids this difficulty by a curious explanation. He says, it 
 was not at the general election, but at some intermediate election 
 that the thing happened ; and it is but right that we should attend 
 to what he states. In his cross-examination he is asked, " Did you 
 yourself stand for Poole ? — No, I do not think I did stand ; I was 
 requested by them to stand. Q. When Avas that?" — He does not 
 ansAver the question directly, but he does in this way — " I declined 
 on account of my intending to go abroad" — That brings us to 1852. 
 That was the time Roger made up his mind to go abroad — 
 " Q. When Avas it that you Avere invited to stand for Poole ? — Some 
 time previous to my going aAvay. Q. Were you ever invited to 
 stand for any other place ? — I think not " — I should have thought he 
 must have knoAvn — " Q. Then it Avoidd produce a certain flutter in 
 your mind, the solicitation of a constituency ; when Avas it you 
 were solicited to stand for Poole ?— It Avas Avhen I Avas at Poole. 
 Q. What year, 1852, just before you Avent abroad? — The latter part 
 of 1852, or the beginning of 1853. Q. W^ho solicited you to stand 
 for Poole ? — You must not understand that it was a regular meeting, 
 or anything of the kind ; it was merely a paper sent to me signed by 
 a great many of the inhabitants. Q. Just so, at the end of 1852 or 
 the beginning of 1853 ? — Well really it Avas somcAvhere about that 
 time ; I may say the same has been done since my retui-n to Eng- 
 land also. Q. I mean before you Avent abroad? — Well, the first 
 time. Q. Who Avas the first person Avho headed the moA-ement in 
 faA^our of your candidature ? — I do not knoAv aa^io Avas at the head 
 of it, but can find out if you wish to knoAV. Q. Can you remem- 
 ber the name of the men Avho solicited you to stand for Poole ? — No, 
 I do not remember the name of any one of them. Q. Not one ? — 
 No, but I could find out the name for you easy, if you Avish to have 
 it." Lord Chief Justice Bovill : " HaA^e you got the paper that 
 was signed ? — I could easy get it from Poole, easy get a copy of it " 
 — We should liaA^e been interested to see it on this trial, but it has 
 not been produced — " Q. Noav I ask you, on your solemn oath, 
 whether Roger Charles Tichborne did not go down to help Mr. 
 Henry Danby Seymour at the election of April, 1852 " — that is 
 wrong as to April, it Avas July — " and Avhether there is one syllable 
 of truth in your being asked to stand in the autumn of 1852 ? — Yes, 
 I say there is, and I maintain noAV Avhat I say is true : You are 
 speaking of six months previous to what I am ; I know he Avas 
 member. Q. I knoAv he Avas. At the time I am speaking of Mr. 
 Henry Danby SejTnour Avas member for Poole when you had the 
 requisition ? — Yes." — So that you see he puts it at an election which
 
 ( 669 ) 
 
 took place after Mr. Seymour was member for Poole — " Q. Then 
 you were to go down and oppose your uncle, or what? — No, 
 that is what I say — my firm belief. Q. An extra member ? — Yes. 
 Q. There was a general election, was not there, at the end of 1852 ? 
 Christmas, or when was it you were solicited to stand? I believe 
 there was a change of government at the end of 1852-53. The 
 general election was before that. When was it you were solicited ? 
 — I really do not remember the days. Q. At all events a deputa- 
 tion attended you when you were at Upton? — Yes, I think so. 
 Q. You received them, I suppose, in one of the rooms there ? — Just so. 
 Q. You made them a reply, I dare say? — I declined, certainly. 
 Q. Did you make them a reply by word of mouth or a written 
 reply ? — I think that it was by word of mouth. Q. Cannot you tell 
 me when this was — the little canvassing you did: Was it at the 
 time of the general election ? — A chance vacancy at Poole. Q. How 
 came they to want you to stand for Poole? — How can I be answer- 
 able for what they wanted ? How can I inform you if they wanted 
 it ? Q. I do not ask you as to your personal qualifications ; 
 what I want is as far as you recollect ? — I think it must have been 
 at the latter end of 1852. Q. Do you remember how the vacancy 
 happened to arise at Poole, Avhich }ou Avere solicited to fill — how 
 there came to be an election at Poole ? — Xo, I cannot say that I do ; 
 something strikes me — flashes across my mind — that it was just at 
 the time an extra member was appointed for Poole — two members in- 
 stead of one ; I am not certain I can speak with correctness. Q. You 
 cannot speak with certainty ? — No. Q. As far as you recollect there 
 Avas an extra member appointed for Poole, and that led to an 
 election? — I do not say that such Avas the fact. Q. It flashes across 
 your mind ? — Yes, it does. Q. Have you any other more definite 
 recollection than that you think an extra member was appointed for 
 Poole, and you Avere asked to fill the place, do you remember ? — No ; 
 I did not bother my head much Avitli it. Q. But do you remember 
 when the extra member Avas appointed for Poole ? — No, I do not. 
 Q. But you remember the fact being so, do you ? — It is just as I 
 told you just now; as I spoke there Avas something of that kind 
 came across my mind ; it is impossible for me. Q. But cannot you 
 teU me whether you recollect it as a fact, that there Avas an extra 
 member appointed for Poole? — No, I cannot. Q. About that time? 
 — No, I cannot. Q. Cannot you tell me more definitely how you 
 came to be asked then how the vacancy arose ? I do not Avant to 
 know how they applied to you, but hoAV the vacancy arose at all ? — 
 No, I think not. Q. But of the fact you are certain ? — What fact? 
 Q. Of the fact that you were applied to ? — Oh, yes. Q. And was 
 the requisition Avhat they called numerously and influentially 
 signed ? — I really forget Iioav many it Avas signed by. Q. But about
 
 ( G70 ) 
 
 10, 20, 30, 40, or 50? — No, you liacl me before, and you are not 
 going to do it again. Q. Eh ? — I do not remember. Q. Can you 
 tell me Avitliin 10 or 100, cannot you? — Well, of course it stands to 
 reason I could do it. Q. What? — Of course I can do it. Q. How 
 many about ? — I tell you I cannot at this instant of time tell you 
 how many signed, but certainly many more than 10. Q. Was 
 there as many as 100? — Now there you are again, you want to get 
 to 100." 
 
 It is plain that this explanation is imtenable ; there never was an 
 extra member for Poole. Poole had from an early time two mem- 
 bers. The only change in the constituency was made by the Reform 
 Bill of 1867, when Poole was deprived of one member, and the two 
 were reduced to one. No extra member Avas ever given to Poole. 
 And what makes the thing impossible is, there never were while 
 Roger Tichborne was in England, after he had groAATi to man's estate, 
 but tAvo elections at Poole. We have had Mr. Danby Seymom* and 
 his statement on the subject. He sat for Poole for many years. 
 He stood at the election of this present year, when he had not the 
 good fortune to be returned. The first election for Poole after 
 Roger Tichborne came fi-om France was in 1850, when he was in 
 Ireland, and therefore he could not be applied to for the purpose ; and 
 the other election Avas in 1852, when Roger Tichborne went doAvn to 
 assist Mr. Seymour, and when, as I have said, it is absurd to 
 suppose he would be invited by a deputation to stand, as he would 
 have had to stand to the detriment of his uncle's chance of success 
 in the election, and the Liberal party never would have suggested 
 to him to take so absurd a course as that. 
 
 But a Avitness Avas called aa'Iio told us he remembered some persons 
 in the borough setting out to see Roger Tichborne ; and the Avitness 
 said, as I understood, that the expedition to see Roger Avas to induce 
 him to stand as a candidate. The Avitness aa^Iio told us that AA^as 
 a person who, being an assistant in a grocer's shop, told us that he 
 took a very active part in the election. What I dare say may have 
 happened Avas this : I dare say they had heard that Roger Tichborne 
 had come doAvn to Upton, and it Avas perfectly Avell known at Poole 
 that Roger Tichborne Avould be the future proprietor of Upton ; and 
 that being the future proprietor of Upton, he might have a certain 
 amount of patronage and custom to distribute in the borough, and 
 therefore it may liaA'e been thought that his solicitation of some of 
 the A'oters, Avhose votes might be thought doubtful, might have an 
 advantageous effect as regards the Liberal interest, and therefore 
 very possibly some of them did go out and say to Roger Tichborne, 
 " Be so good as to come in and help us, we want you particularly, Ave 
 Avant you to speak to a voter Avho seems very obdurate and obstinate." 
 They may have said, ''We Avant you to talk to Mr. WooUett;
 
 ( 671 ) 
 
 will yon go to Mr. Woollett, you might have some influence 
 with him ?" Roger Tichborne says : " I came and tried my hand on 
 Mr. Woollett. I talked to him for two hours, and I might as well 
 have sung, * I'm afloat' to him ; it did not produce the slightest 
 effect." That, I think, makes clear Avliat otherwise it would be 
 difficult to solve, because one hardly supposes a witness would come 
 and tell you that which had not some foundation in flict. I dare say 
 somebody did go out and speak to Roger Tichborne, and I dare say 
 that got talked about. Carter was constantly with him, and if he 
 had gone down with him as his servant to Poole, he would be 
 likely to know. He, or somebody else may have mentioned Roger 
 Tichborne's going to Poole and persons coming out to him Avith 
 amessage or deputation at the election. And the election for Poole 
 having been talked about, somebody having made mention of it, the 
 defendant put it into the letter to Mr. Henry Danby Seymour. 
 The difficulty of reconciling his having been asked to stand, with 
 the fact of his having gone do^vn to the general election of 1852 for 
 the purpose of assisting Mr. Danby Seymour, having been made 
 apparent, it occiu's to the defendant to say, " It was when there was 
 an extra member." That fails, because there was no extra member 
 at all, and there were only those two elections that I have been 
 refeiTing to. 
 
 This brings us to the meeting at Alresford with Mr. Henry 
 Danby Seymour, at which certain things occuiTed which it will be 
 important to recall to yom* recollection ; but our Avork is over for 
 to-day, and we will begin with that to-morrow. 
 
 ONE HUNDRED AND SEVENTY-EIGHTH DAY. 
 
 Thursday, February 12, 1874. 
 
 The Lord Chief Justice : Gentlemen of the Jury, I finished 
 yesterday the observ^ations I had to make to you on the subject of the 
 letter addressed by the defendant to Mr. Danby Seymour upon his 
 return from France. The effect of that letter was that Mr. Seymour 
 made up his mind to go doAvn to Alresford to see the defendant, who 
 was then staying there with Mr. Hopkins. On his first visit to 
 Alresford the defendant did not put himself into communication with 
 Mr. Hopkins, but preparatory to his going down a second time, on 
 his return from Paris, he wrote a letter to that gentleman, a passage 
 in which has been much relied upon by the defendant's counsel. 
 There is no date to the letter, but it has a post-mark of the 1st of 
 February, 1867 : — " You will no doubt think it strange that i did
 
 ( 672 ) 
 
 not call on you when at Alresford. I should have done so with 
 pleasure had I not been under a promise to Mamma not to converce 
 with anybody i knew until I had seen her. i now know her reasons 
 and ain very glad i keeped my promice. i suppose you have heard 
 how i have been served by Gosford and others, since i have been 
 away, i should not have gone to Alresford only i thought nobody 
 Avould know me as i had grown so stout, so i thought i would have 
 a qviite look round." — that is the defendant's way of writing quiet — 
 " i know you and Dr. lipscombe" — the surname of Lipscombe" being 
 written with a small " 1" — " are old frinds so praps" — ^that is one of tlie 
 characteristics of the defendant's writing, that he spells " perhaps " 
 " praps," it occurs in several instances — " praps you will kindly tell 
 him the reason i did not call on him likewise, if j\Iamma does not send 
 for me to meet her most likely i will come down with Mr. Holmes to 
 morrow, hoping my dear Hopkins the old fi'iendship that once 
 existed between us may again be renewed, and that I may have the 
 pleasure of again rece\dng your advice how to act." Upon that 
 I cannot help pausing for a moment to say, when the defendant 
 uses the language, " I hope I shall have the pleasure of again 
 receving your advice how to act," that when we look at Roger's 
 letters we find not only that he never resorted to Mr Hopkins for 
 advice, but when Mr. Hopkins on one occasion told him he was 
 actino; as his adviser he makes the observation that " it was the first 
 time he was aware Mr. Hopkins was his adviser ;" and in a letter 
 of Lady Doughty to Roger, Avhich I have already adverted to, she 
 speaks, as an amusing circumstance, of the fact of his having ridden 
 in the same carriage with Mr. Dunn, she " knoAving his fondness for 
 that firm" — of course, speaking ironically — she meant his dislike of 
 the persons of whom it consisted ; therefore when the defendant says 
 he hopes he may have the pleasure of again receiving Mr. Hopkins's 
 advice, I can hardly find in that anything that reminds me of Roger. 
 Then comes this passage, " I suppose you remember having heard of 
 a Miss Bellow" — that is the w^ay he writes Bellew — " in Ireland" — 
 Avritten Avith a small "i." Then comes a word which it is exceedingly 
 difficult to decipher ; but the letters appear to be " memo" — and he 
 may have meant a memorandum, in the sense of reminder — " memo 
 only, hoping to have the pleasure of meeting you before long I 
 remain yours Faithfully R. C. D. Tichborne." There are sixteen 
 printed lines in that letter, and there are sixteen small " i's" to two 
 large ones. Now this is supposed to have been a sort of proof to 
 Mr. Hopkins that he Avas the real Roger, that he reminds him of his 
 having heard of a ]Miss BellcAV in Ireland. The learned counsel for 
 the defendant says there must liaA^e been something which happened 
 in Ireland in connection Avith Miss Bellew and Roger Tichborne 
 of AA^hich Mr. Hopkins Avas cognizant. The first qiiestion one
 
 ( 673 ) 
 
 would desire to have solved is what it was that occurred with 
 Miss Bellew in Ireland ? Lord Bellew was called into the witness- 
 box and was asked whether anything had ever passed between 
 Roger Tichborne, during the time he was in Ireland, and either 
 of his sisters, and he kncAV nothing at all of anything of the sort ; 
 nor is there a trace of it in Roger's letters ; all he says is that on 
 one or two occasions, certainly two at the outside, he went over 
 from Dublin to Barmeatli to pay a visit of a day — at all events, not 
 more than two days — to Lord and Lady Bellew, and on one of those 
 occasions met the present Lord Bellew. There is no mention what- 
 ever of the daughters, and the brother knows nothing about any real 
 circumstance which can have been here referred to. Then he is 
 asked whether his father and mother and he and his sister did not go 
 over to Paris on a certain occasion, and whether there they did not 
 see Mr, and Mrs. James Tichborne. It was suggested that that had 
 some reference to some proposal or some arrangement with reference 
 to some future union between Roffer and Miss BeUew. Lord Bellew 
 laughed at the notion, and said nothing of the sort had ever been 
 heard of. He himself was about to be married, and they went over 
 to Paris to get a number of things for his bride, and never dreamt 
 of any attention from Roger to Miss Bellew or had any notion of its 
 ending; in a marriage. However the learned counsel would have it 
 that there was some deep mystery beneath this which Lord Bellew 
 would not reveal to us, but what it was, under what circumstances 
 it occuiTcd, what form it assumed, he had not the means of informing 
 us. But he seems to have forgotten, what of course we could not 
 forget when he left things in this sort of mystery and ambiguity, that 
 there was the man present who, if he is Roger Tichborne and had 
 any relations of any sort or kind Avith Miss BellcAV, could have told 
 him in a moment what it Avas, so that it could be put to Lord Bellew 
 in a tangible and specific form, in which Lord Bellew could have 
 dealt with it as a witness in giving his evidence. Unfortunately no 
 question was put to the defendant on his cross-examination as to what 
 was meant by this reference to Miss Bellew, in Ireland; but the 
 learned counsel miijht have got it from his client. But instead of 
 asking his own client, and putting it before us and the witness as 
 a fact, he leaves it in this sort of way — " I cannot tell you exactly 
 Avhat it was, and Lord Bellew will not tell me, therefore I do not 
 knoAV." Why on earth did not he apply to the right source? I 
 mean to the defendant. It does not appear that Mr. Hopkins ever 
 made any further reference to the subject, or that any explanation 
 ever took place betAveen him and the defendant about it. 
 
 On the receipt of this letter Mr. Hopkins appears to have taken 
 up the defendant's cause, possibly somcAA-hat influenced by Rous, 
 who at this time had become the ally of the defendant, and Avho was 
 
 X X
 
 ( 674 ) 
 
 not deterred from taking liis part and doing what lie could to assist 
 him by the extraordinary passage I read in that letter yesterday about 
 INIr. Gosford proving his will. Rous, who must have known quite Avell 
 that that Avas perfect nonsense, nevertheless remained closely attached 
 to him until a very much later period, and probably did something 
 towards influencing INIr. Hopkins's judgment in adopting the de- 
 fendant. We do not know to the present day, because Mr. Hopkins 
 is dead and cannot tell us, wdiat were the circumstances that induced 
 him to take up the cause of the defendant with the warmth Avith 
 Avhich he certainly did take it up. We do not knoAv whether it 
 was that he believed in the identity of the defendant — I mean as 
 regards personal appearance. If he believed in his identity, judging 
 from personal appearance, it has not appeared that he CA^er said 
 so. If not, I suppose, he must have taken a faA^ourable vicAv of 
 the case from the knoAvledge Avliich the defendant manifested Avith 
 reference to the circumstances of the family, and, above all, the 
 circumstances connected Avitli the property. Now we knoAv that the 
 defendant and Mr. Holmes went to Doctors' Commons and saAv 
 Roger Tichborne's Avill ; that we do know ; and I cannot very much 
 doubt that Mr. Holmes, knoAving A^ery well Avhat he Avas about, took 
 care to have a copy of that will, Avhich he could get at once by paying 
 for it. Mr. Rous, Avith Avhom the defendant Avas in close association, 
 kncAV every particular connected with the settlements ; and I dare 
 say at that time the defendant kncAv more or less about the affairs of 
 the family Avith respect to the property, and knew more or less about 
 Roger's will ; and if he could shoAv any knoAvledge of those circum- 
 stances to Mr. Hopkins, they Avould be calculated to make a very 
 deep impression on that gentleman. If the defendant exhibited to 
 Mr. Hopkins the lamentable, utter, and absolute Avant of knoAvledge 
 Avhich you Avill see by-and-by he exhibited at the time of his examina- 
 tion on the trial, then if Mr. Hopkins adopted him as Roger, you 
 Avill have to judge Avhether Mr. Hopkins's opinion is worth anything 
 at all ; for certainly at the ti'ial the defendant did make the most 
 terrible hash of the affair that can possibly be conceived. It may be, 
 of course, that he as Roger had forgotten all about it ; but it may 
 also be that, having learned the lesson in 1867, and so made Mr. 
 Hopkins believe he Avas Roger, because he kncAv about the estates 
 and the pecuniary affairs of the family, he may, having learned the 
 lesson, in the meantime have forgotten it. We do not know the 
 circumstances under Avhich Mr. Hoi)kins accepted him ; but this is 
 quite certain, and he is entitled to the benefit of the fact, that Mr. 
 Hopkins, Avho was competent to form a judgment about the matter, 
 undoubtedly did form a judgment favourable to him, and took up his 
 cause not only Avith zeal but Avith a vehemence that seems to have 
 struck everybody, and Avhich on more than one occasion manifested
 
 ( 675 ; 
 
 itself in sometliino- which was rather beyond the ordinary course a 
 legal adviser woidd pursue or decorum woidd strictly allow. 
 
 By the Jury : What was the date of Mr. Hopkins's death ? 
 
 Mr. Hawkixs: He died in October, 1868, I think, my Lord. 
 
 On the 12th of February the defendant Avrites to Lady Tichborne 
 as follows : — " I receved this morning the letter you sent to Mr. 
 Holmes, And I am very sorry to hear the Sea is so rough, has I 
 know you cannot be comfortable where you are. I am staying a few 
 days with Mr. Hopkins, who has been very kind to me. has also 
 Mr. Baigent. my dear Mamma it no use for any of them to deny me 
 now. has I have seen so many that know me. Mr. Stubbs and 
 Mr. Huggins called on me yestrday" — written with the omission of 
 the e in the middle — " and remembered me well, has also Col. Lush- 
 ino^ton. Of cause he did not know me before, but he was so con- 
 vinced by some questions he ask me. that they rung the Tichborne 
 bells yestrdays" — Avritten as before — "in honor of my arrival. I 
 forgot to menshion that himself and Mrs. Lushington lunches Avith 
 us to day. I have wrote to Uncle seymore" — spelt m-o-r-e — " as 
 also Mr. Hopkins, but we have not receved an answer yet. but praps 
 he will come here to day. I should have wrote before my dear 
 Mamma but I have expected you in England every day. I shall 
 leave here to morrow night for Croydon so has to come and meet 
 you. Gosford came here on last Saturday, he did not know I was 
 here, he says he came to see Mr. Hopkins, but Mr. H. Avould not see 
 him. because he wrote such a lot of falsehoods to him about me. 
 Gosford is quite willing to believe i am myself noAv. has he has told 
 a great many people about here that he must have been mistaken, he 
 pretinds to be very angry Avith CuUingtou for AA^riting Avhat he did 
 to my friend hopkins and say he did not ortherise him to do so" — the 
 spelling of the Avord " authorize" is not unworthy of attention — " He 
 came here on account of some very severe letters Mr. Hopkins Avrote 
 to Cullington about his conduct to me, but Mr. Hopkins rufuse to 
 see him on account of his Blackard conduct to me. He left he to 
 go home again but come to Tichborne chaple fi-om Winchester on 
 Sunday, thinking he Avovdd see me. but i did not go. Cousin Katty 
 Avould very much like to see me but Col. W." — Colonel William, of 
 course — " will not let her come ; he is afraid she Avill be called on 
 has a witness. It does not matter has I have a hundred AAatness 
 here if I Avant them. I hope my dear Mamma you are better in 
 health than you Avhere. I shall come and meet you as soon as I get 
 back, if you have not arrived. I have a great many things to tell 
 you Avhen I see you. Dr. Conor has just be in to see me again he 
 is very kind, and in fact so are all the people about there. Hoping 
 my dear Mamma I am to be Avitli you and enjoy many happy days 
 
 xx2
 
 ( 676 ) 
 
 in your company. I remain my dear Mamma your affectionate Son 
 Roger C. Tichborne. the name of the house at Croydon is Essex 
 Lodge thornton heath." In this letter of thirty-five lines, there are 
 seventeen mis-spellings, the word " as" being written " has" no less 
 than six times, besides six mistakes of grammar. 
 
 It was at Mr. Hopkins's, who had thus taken up the defendant's 
 case and received him as Sir Roger, that the meeting to which I am 
 about to call attention took place. Mr. Henry Danby Seymour 
 went down accompanied by William Burdon, the man who had been 
 in the service of Sir James Tichborne, and who very fi*equently had 
 attended on Roger. Mr. Seymour says that on his arriving at 
 Alresford, which was, I think, on the 12tli of February, or very 
 shortly after that letter of the 10th, he went to the ' Swan,' and 
 found that the defendant was out, and Avhile looking out of the 
 window of the hotel he saw Mr. Hopkins, Avho recognized him. 
 There was a gentleman with him, he says, who proved to be the 
 defendant, and as soon as they turned the corner of the street oppo- 
 site the ' Swan' he Avent out and Avalked up to them. He says : 
 " I did not recognize the gentleman with Mr. Hopkins ;" and 
 Mr. Hopkins said, " This is Sir Roger Tichborne, Mr. Sejonour ; 
 let me introduce you." If Mr. Seymour is correct in this, it Avas 
 certainly a strange proceeding on the part of Mr. Hopkins, and one 
 can hardly think it Avas altogether a loyal one ; because if the defen- 
 dant Avho Avas then with Mr. Hopkins Avas Roger Tichborne, of 
 course he Avould laioAv Mr. Danby Seymour as well as he Avould 
 knoAv anybody. Therefore he should have left it as a sort of test 
 Avhether the defendant recognized Mr. Seymour ; instead of which 
 Mr. Hopkins thinks it necessary to mention at once to the defendant, 
 " This is Mr. Seymour." It struck Mr. Seymour, but he said no- 
 thing further about it at the time, and they Avent into the house. 
 Then he says, " I said to the defendant. If you are Roger you 
 Avill knoAv this gentleman," referring to Burdon. The defendant, 
 says Mr. Seymour, looked at Burdon, and after a short time said, 
 " My uncle Nangle." If that is Avliat he said he could not have 
 made a more unfortunate shot, because Mr. Nangle, the uncle by 
 marriage of Roger, Avas at that time about seventy years of age, 
 whereas Burdon Avas a man who did not exceed thirty or forty, and 
 would not therefore have the appearance of a man of seventy. But 
 the defendant has explained it in this Avay. He says, " I did not 
 say my uncle Nangle, but I said one of the Nangles ;" and I must 
 say that it strikes me as the more probable thing, by reason of the 
 difference of age between Burdon, Avho appeared here before us, 
 and Avhose appearance Ave could judge of for ourselves, and Mr. 
 Nangle, AA'hose age Avas some thirty years at least more than Bui'- 
 don's. HoAvever Burdon says the same thing, namely, that vipon
 
 ( 677 ) 
 
 Mr. Seymour asking who he Avas, the defendant said " My uncle 
 Nangle." But let us take the defendant's view. He may have said 
 " one of the Nangles." I do not suppose anybody Avould imagine 
 that Mr. Seymour or Burdon would tell us a falsehood about it, but 
 there may have been some mistake, and the defendant may have said 
 " One of the Nangles," and they thought he said " Uncle," or he 
 may have said, " One of the sons of my uncle Nangle," and they 
 caught the word " uncle," and so the defendant's version may be the 
 right one. But there still remains the fact that, Avhereas Roger 
 knew his cousins, the yoimg Nangles, from the time when they were 
 playmates Avith him in Paris, and must have knoAvn William Burdon, 
 who Avas in the service of his father several years, and Avho attended 
 him the last night he AA^as in Paris, AA'hen his throat Avas so bad, the 
 defendant not only did not knoAv this man Burdon, but mistook him 
 — a double mistake — for one of the cousins Avhom Roger had knoAvn 
 all his life. HoAvever they went into the house Avith Mr. Hopkins, 
 and Mr. Seymour tells us that he made up his mind to ask him one 
 or two questions, and the first thing he says he did was to address 
 him in French. The defendant's answer was that he could not speak 
 French ; he had forgotten it. Mr. Seymour Avas sm-prised at that, 
 because he says he generally talked in French to Roger. He tells 
 us that a conversation then commenced about Avhat occurred after 
 the loss t)f the ' Bella.' " I asked, one of the first things, about the 
 ' Bella,' hoAv he Avas saved from the shipAvreck. — And Avhat reply did 
 you get to that? — He said he Avas saved by a ship called the 'Osprey,' 
 and the captain Avas either LcAvis Oavcu or OAven Lewis ; that there 
 Avere seven or eight sailors Avho Avere saved Avith him. I asked him 
 if he ever heard of them, and he said, ' No, he did not knoAV their 
 names.' " Now that is striking, because Ave knoAV that, not long after 
 this, Mr. Hopkins Avas applied to by Mr. Killey, one of the oAvners 
 of the ' Bella,' about a yoimg man of the name of Evans, and 
 Mr. Hopkins, from a statement of the defendant, sent the surnames 
 of four men as belonging to the crcAv, Avho had been saved. But the 
 defendant told Mr. Seymoiu* he did not knoAV their names, and gave 
 as a reason that sailors generally Avent by nicknames. He then 
 stated that he Avent on to Melbourne, Avent up the country in charge 
 of horses, and said the reason for coming back to England Avas that 
 " he had been bankrupt, and that he had declared himself for the 
 sake of his family." The Avitness goes on, " I asked him why he did 
 not come to see my sisters ; that the real Roger Tichborne had been 
 always very intimate Avith them, and that I wondered why he had 
 not come, and that they Avould be very happy to receive him. But 
 to that I did not get any distinct ansAver." 
 
 In the course of that intervieAv, a circumstance happened Avhich 
 seems to me to be the most important part of it. Burdon, sitting at
 
 ( 678 ) 
 
 the table, produced an envelope ; lie readied across the table, being 
 on the opposite side to the defendant, and said, " Do you know this 
 handwriting?" Mr. Seymour and Burdon say that the defendant 
 looked at it for some time, and said he did not know it. On which 
 Mr. Hopkins looked at the envelope and said, " Good God, Sir, that 
 is your own father's handwriting." Mr. Seymour and Burdon both 
 swore positively that this passed. It was an envelope addressed to 
 Burdon himself, Avhich Sir James in his life-time had Avritten to him, 
 and Avas in the undoubted hand^vriting of Sir James. If that passed, 
 it is a striking thing that a man should not know the handwriting 
 of his own father, which he must have seen scores of times ; the 
 father with whom he had himself been in correspondence down to 
 the time not only of leaving this country, but of his going on board 
 the * Bella.' 
 
 Mr. Se}Tiiour put another question to him which he thought a 
 very sufficient test of his identity. You remember, no doubt, that 
 amongst the most intimate friends of the father and mother was the 
 old General de IMondreville, who had always taken great notice of 
 young Roger, had always been kind to him as a boy, and made him 
 presents, among other things, of a breast-pin, which Roger wrote for 
 from Stonyhurst, and which in all probability he got the first time 
 he went to Paris, if it was not sent over to him before, and which, 
 from the circumstance of its being worn by him, would to the last 
 perpetuate the remembrance of the giver. Mr. Seymour asked him 
 if he remembered M. de Mandreville ; his answer to that was he did 
 not. Then, says Mr. Seymour, " I asked him about coming to see 
 my sisters. I did not get a satisfactory answer, and I made up my 
 mind that he was not Roger ; and I said so. I could not in any 
 way recognize him, and told him so, and told Mr. Hopkins so. 
 I said I was prepared at any time to see him at Upper Grosvenor 
 Street. I invited him to come and see my sisters, and said they 
 Avere Avilling to look at the question fairly and recognize him if they 
 could, and that they invited him through me to call upon them." 
 Mr. Seymour says that at the close of the meeting the defendant said 
 he would come the next day to Upper Grosvenor Street, and he 
 made arrangements for his sisters to meet him there ; and he wrote 
 to the GreeuAvoods to come up for the same purpose. We knoAV 
 Colonel GreeuAvood did come up. Mrs. GreeuAvood Avas ready to 
 come if a final meeting should be appointed, though she did not come 
 up that time. 
 
 One other incident occurred at this meeting Avith Mr. Sej^mour 
 Avhich I have omitted. According to Mr. Seymour, the defendant 
 brought out a helmet Avhich had been Roger's, Avhich had been 
 left behind at Tichborne, and Avhich Colonel Lushington, the then 
 occupier, had sent across to INIr. Hopkins as belonging to Roger.
 
 ( 679 ) 
 
 ]\Ir. Seymour says tlic helmet was tried on the head of the defendant. 
 He says it did not fit him as a lielmet Avould be expected to fit a per- 
 son for Avhom it was made. lie says, "The defendant went to the side 
 of the room and brought out a hemlet, which he said Avas his helmet 
 when he Avas in the Carabineers, and he tried it on his head, and it 
 seemed to me too small I'or liim. lie could barely get it on. He said 
 that Colonel Lushington had sent it to him out of Tichborne House." 
 Lastly, ]\Ir. Seymour says, and it is necessary to call your attention 
 to this part of the evidence Avith a A'ieAV to Avhat the defendant has 
 said to the contrary, " I expressed my impression, as strongly as 
 I could, as politely as I could, but \'ery decidedly, that he Avas not 
 Roger, and that I could not in the least recognize him. Q. Then 
 there was nothing in Avhat you said AA'hich AA'Ould lead any one to 
 suppose that you recognized him? — Certainly not : I did not Avish 
 to be unciA'il, but I spoke \'ery decidedly. Q. That is to say 
 politely, but decidedly ? — I suppose politely, but very decidedly. 
 Q. Did you ever at all in the least degree alter your opinion upon 
 the subject ? — Never in the least. Q. Or intimate that you had ? — 
 Never in the least : I meant throughout to assure them that I did 
 not recognize him, although I Avas perfectly willing that he should 
 come again." Then I asked him this, " Still you may have so 
 expressed yourself as possibly to leave that matter in doubt, or lead 
 to a different conclusion about it in their minds ? — I do not think so, 
 my Lord." Then Mr. HaAvkins asks, " Was there anything in your 
 manner or language Avhicli Avould lead anybody to suppose that ? — The 
 Witness : Most decidedly I should say no." 
 
 The evidence of Burdon goes strongly to confirm Avliat had prcAa- 
 ously been stated by Mr. Seymour. Burdon, as W'C knoAv, Avas several 
 years in the service of Mr. Tichborne. He Avas brought up on the 
 Upton estate, in the neighbom-hood of Upton House, and, when a 
 boy, Avas taken by the hand by Sir EdAvard Doughty, Avho was very 
 kind to him, and put him to school, and Avhcn fit for ser\ice he 
 Avas taken into the service of Sir James Tichborne as early as 1845, 
 and remained in it till Sir James came to England. He kncAv 
 Roger, therefore, perfectly avcII. He says : " When Ave met, Mr. 
 Seymour touched Mr. Hopkins on the shoulder and said, ' Good 
 morning, Mr. Hopkins ;' Mr. Hopkins said, ' Good morning, 
 Mr. Se}Tnour, Iioav are you ?' He immediately said, ' Sir Roger 
 Charles Tichborne — Mr. Seymoiu- ;' then that man's face turned as 
 red as the sun, comparatiA^ely speaking. He held his hand out, and 
 Mr. Seymour said, ' I cannot recognize you as Sir Roger Charles 
 Tichborne.' Then, turning to me, Mr. Seymour said, ' Do you 
 knoAv this gentleman ? ' The defendant made answer and said, 
 * I do not knoAV him. I think it is my uncle Nangle,' " He bears 
 out the statement of Mr. Danby Seymour in that respect. Then he
 
 ( 680 ) 
 
 speaks of questions that were put, in the same way as Mr. Seymour 
 does. The first was about the ship. He says, " Mr. Seymour asked 
 him several questions about the shipwreck, and he said he had been 
 lost in the ' Bella,' and picked up in a ship called the ' Osprey,' to 
 the best of his recollection, and taken on to Melbourne, and that he 
 got a berth as stock-rider in Gippcsland, and knocked about in one 
 part and the other." Mr. Seymour, he says, spoke to him in French ; 
 and he remembers Mr. Seymour said, " Est ce que vous parlez Fran- 
 9ais.' The answer Avas an evasive one to the question put to him. 
 He did not understand French." Now, as to that, you know, if you 
 picked up a man in the street and said, " Est ce que vous parlez 
 Fran^ais," he would know Avhat you asked ; it is one of those phrases 
 everybody knows. Then " He asked how it was, if he was Roger 
 Charles Tichborne, that he had been knocking about so many years, 
 and never communicated with his friends or relatives ? If he was 
 Roger Charles Tichborne, he should have thought the first thing he 
 would have done on his arrival in this country would have been to 
 call on him, or his brother, or some of his relatives. Q. Do you 
 remember whether the defendant said anything to that? — Stop a 
 moment : To the best of my recollection, his answer was, that his 
 legal advisers had advised him not to communicate with any one. 
 Subsequently he said : * I decline to speak unless my legal adviser is 
 here.' He spoke with a foreign accent at that time. Q. What do 
 you mean by that ? — The same that a Frenchman would that had 
 learnt English after sixteen or seventeen years. Q. The defendant 
 did ? — That gentleman there. Q. How had he spoken before that ? 
 — He spoke like a Frenchman who had been sixteen or seventeen 
 years in France, and came to this country and learnt English. 
 ' I do not know dis,' and, ' I do not know dat,' and that kind of style. 
 Q. At this interview ? — Yes. Mr. Justice Mellor : Did he use 
 any French words ? — I never heard one. Q. It was a French man- 
 ner, was it ? — It was French jargon. Mr. Serjt. Parry : French 
 accent ? — Yes, French accent. Q. You did not hear a single word of 
 French ? — I never heard a word of French pass." Then he makes the 
 same statement about his producing the envelope, and about the defen- 
 dant not knowing whose handAvriting it was, and the exclamation of 
 surprise and astonishment which Mr. Hopkins made. He also says 
 that Mr. Hopkins had treated him somewhat abruptly — and at first 
 ordered him out of the room ; but Mr. Seymour, as he was going to 
 leave, insisted on his remaining, saying he would not stop in the 
 room without a witness, and called him back again. Then he said a 
 thing Avhich is certainly a little startling, and perhaps may not meet 
 with ready belief: he says that as they were going aAvay, Mr. Hop- 
 kins manifested a good deal of anxiety, and said to him, " For God's 
 sake do not mention anything of this painful affair, for my honour is
 
 ( 681 ) 
 
 at stake." It certainly strikes one as a little strange, however strongly 
 Mr. Hopkins may have felt, that he should have thought it necessary 
 to make an observation of that sort, to beg Burdon to make no men- 
 tion of what had passed. I confess that it strikes me as something 
 not altogether credible. 
 
 Let us now see what is said by the defendant about this inter- 
 view. He begins by saying it was not Mr. Hopkins who first saw 
 Mr. Seymour. He said, " It was I who saw Mr. Seymour, not 
 Mr. Hopkins." Then he is asked : " Did Mr. Seymour say to you, 
 * If you are Roger Tichborne, you will remember this man who is 
 with me ?' — No, not exactly that ; he said, ' Who is this person here ?' 
 Q. I put it to you, he said : ' If you are Roger Tichborne, you will 
 remember who this man is Avith me ?' — Yes ; but he did not happen 
 to say that. Q. Did you look at him and say, ' Why that is my 
 uncle Nangle ?'— I said he looked very much like one of the Nangles. 
 Q. You said he looked very much like one of the Nangles ? — Yes. 
 Q. What I put to you is, Avhether you did not say to Henry Seymour, 
 ' That is my uncle Nangle ?'— No ; I did not. Q. What you say 
 is, you said that ' He looks very much like one of the Nangles ?' 
 — Yes ; that is Avhat I said." Then he is asked : " I think you told 
 me that this man who was like one of the Nangles was a youngish 
 man, betAveen thirty and forty ? — Yes. Q. And Mr. Nangle is about 
 70, is not he ? — The sons are not. Q. Your uncle— Roger Tich- 
 borne's uncle — is about 70 ? — I should think he woidd be all that. 
 Q. Did Mr. Hopkins say, ' No, no' ? — I wish you to understand I 
 never said my imcle Nangle ; I said he looked like one of the 
 Nangles ; I wish you also to understand that there are two or three 
 of the Nangles who are young men. Q. No doubt the sons would 
 be younger than the father ? — They usually are. Q. Did Mr. Ho])- 
 kins say, ' No, Sir Roger, that is William Burdon ?' — No. Q. He 
 did not ? — No ; perhaps you will allow me to teU you what did pass. 
 Q. Yes, you may say what passed ? — He came in with Mr. Henry 
 Seymour, and Mr. Hopkins said, ' Who is this ?' Q. Who do you 
 say he came in with ? — With Henry Seymour. Q. Burdon came 
 in with Mr. Seymom*, and Mr. Hopkins said, ' Avho is this?' — 
 Mr. Seymour then said, ' It is one of Sir James's old servants.' 
 I said, ' It is Burdon.' " — There is a little improbability on the face 
 of that, because Mr. Hopkins must have knoAvn Burdon, for he had 
 been with his master at Mr. Hopkins's house.— "Q. And then you 
 said, it is Burdon ? — Although I had seen Burdon a fcAV days pre- 
 vious to that, and recognised him and picked him out of a room fvdl 
 of people, I did not know him again then." — Whether the defendant 
 had seen Burdon and picked him out of a room fuU of people I do 
 not knoAv ; Ave have only his oaati statement, and, strange to say, 
 Burdon Avas not asked that question. " Q. You did not knoAv him
 
 ( 682 ) 
 
 again then ? — I did not know liira again then, and there was only a 
 few days elapsed. Q. Do you mean your memory for faces is not 
 good? — He looked so different a person. Mr. Seymour had got 
 him togged up so smart ; he came do^vn in a first-class carriage 
 with Mr. Sejmiour." Then he is asked : " Did you see him in 
 a first-class carriage with Mr. Seymour ? — No, my Lord ; but I 
 ascertained afterwards that it w^as the fact. Q. His coming in a 
 first-class carriage can have no bearing if you did not see him ? 
 — I was merely speaking of the Avay he was dressed." Then there 
 is a great deal of cross-examination about whether Burdon Avas 
 allowed to come into the room where they were, or whether there 
 ■was any discussion about it. I really do not think that is of much 
 importance. Then he is asked about JNIr. Se^-mour having ad- 
 dressed him in French. " Did you say you could not speak or under- 
 stand a Avord of French? — No, I did not; I answered him in 
 English ; it so happened that I did understand what he said ; I really 
 do not remember what it was; there was only three words spoken in 
 French; I told him I could not speak French. The Lord Chief 
 Justice : Are you able to talk French at all ? — No, my Lord : at 
 times I can make use of a few words, but it is entirely gone." Then 
 the Solicitor-General asks : " Did Mr. Henry Seymour ask you to 
 give an account of your escape from shipAA^eck? — He did not. 
 Q. Did you give it to him Avithout being asked ? — I did not. Q. You 
 did not give it to him at all ? — No. Q. Did you tell him that there 
 Avere seven or eight men saved Avith you ? — I never spoke of the sliip- 
 Avreck at all. I was only in the room, I should think, altogether 
 about five minutes : Mr. Seymour Avould not remain Avithout he had 
 Burdon in Avitli him, and Mr. Hopkins said that being the case, it 
 was as Avell that I should go into the garden and smoke a cigar Avhile 
 he had a talk Avith him. I did so, and Avhen I returned he was gone. 
 Q. Mr, Seymour's account does not seem to agree with yours, so I 
 must put it to you — Lord Chief Justice Bovill : As to the ship- 
 wreck, you have already called his attention to it, and he said he 
 never spoke about the shipAvreck at all. The Solicitor-General: 
 Do you mean to say that Burdon Avas not there ? — I never said that 
 Burdon Avas not there ; he Avas in the library." Noav, inasmuch as 
 Burdon has sworn that he heard AAhat passed betAveen Mr. Seymour 
 and the defendant, it is material to knoAv Avhether he was present; 
 the defendant positively contradicts him, and says he Avas not. 
 " Q- Was he there during the conversation? — No, certainly not. 
 Q. That is exactly what I asked you ? — Not in that room, no. Q. I 
 mean in the room ? — You did not say ' room,' you said he was not 
 there. Q. Do you mean to say Burdon was not in the room diu-ing 
 the conversation ?— Certainly. Q. Did not Burdon, during the con- 
 versation, put an envelope across the table and ask you if you kncAV
 
 ( 68:5 ) 
 
 the liancl writing upon it? — lie did not. Q. Did you say you did 
 not know it, and give it back to Burdon ? — I did not. Q. And did 
 Mr. Hopkins say, ' That is your father's writing, Sir Roger ?' — No. 
 Q. * That is your father's writing, Sir Roger ? ' — I tell you that 
 never happened; he was never in the room at all." Now there is 
 here a positive contradiction between the defendant and Mr. Danby 
 Seymour and Burdon on a matter Avhich is by no means immaterial ; 
 because a man not knowing his father's handwriting would naturally 
 be a startling thing. AVe have therefore here a contradiction of a 
 very serious character. The Avitnesscs must be perjiu-ed on one side 
 or the other, because this Avas a matter about AA'hich there could be no 
 doubt. The defendant must have knoAvn AA'hether an envelope Avas 
 shown to him at that meeting in the liandAvriting of his father, Avhich 
 he did not knoAv or recognize. If it Avas so, can Ave suppose that the 
 defendant's memory Avas so affected on a point of that kind, that on 
 the examination shortly after the transaction to AA'hich it relates he 
 should have forgotten it? Therefore it seems to me impossible to 
 reconcile this Avith any possible hypothesis except that of one or 
 other of those parties having told you that Avhich is false. Then, as 
 to the helmet; the defendant is asked: " Was there a helmet pro- 
 duced and tried on while you were there ? — While Mr. Seymour was 
 there? Q. Yes?— No. Q. No helmet at all?— Not Avhen Mr. 
 Seymour was there. Q. Did not Mr. Hopkins bring doAA'n a helmet 
 and put it on ? — He did not. Q. While Mr. Seymour was there ? — 
 No, he did not. Q. Did not Mr. Seymour say it did not seem to fit 
 Avell ? — I say it did not happen. Q. Did Mr. Hopkins bring doAvn 
 the helmet ?" I am not sure whether the Solicitor-General was not 
 wrong in putting the question in that form; because, according to 
 Mr. Seymour, the defendant himself brought out the helmet. " Q. I 
 do not mean that he put it on his head, but on yours ; you under- 
 stand me ? — It does not happen to be on the occasion that Mr. 
 Seymour Avas there. Q. Mr. Seymour Avas never at JNIr. Hopkins's 
 Avith you but once? — I have ansAA^ercd the question, that he did not 
 put any helmet on my head in Mr. Seymour's presence. Q. Nor did 
 you put it on your OAvn ? — Nor did I put it on my oaau. The Loed 
 Chief Justice : Did any one put it on in Mr. Seymour's presence ? 
 — Not on that occasion. The Soilcitor-General : Was there a 
 helmet produced in Mr. Seymoiu-'s presence at Mr. Hopkins's on 
 that or any other occasion ? — Not in Mr. Seymour's presence. 
 Q. While Mr. Seymour was there, so as to see it ? — Yes. Q. Did 
 Mr. Hopkins bring the helmet, saying he had got it from Colonel 
 Lushington, at Tichborne, and that it AA^as Roger's helmet AA'hen 
 he Avas in the Carabineers? — It Av^as never produced in Mr. Sey- 
 mour's presence at all. Q. Did Mr. Seymour ask you why you 
 did not go and see his sisters — your aunts ? — He did not. Q. Did
 
 ( 684 ) 
 
 he, at the end of the interview, say he did not believe you to be 
 Roger Tichborne, but if you had anything more to say to him he was 
 perfectly willing to see you again and hear anything you had to say, 
 if you called at 39, Grosvenor Sti-eet? — It so happened I did not see 
 him at the end of the interview; 1 Avas about five minutes in his 
 })resence, and he spoke two or three Avords in French; I answered 
 him in English. — He got up and said he Avould not remain in the 
 room without Burdon. — Mr. Hopkins said, if that was the case, it 
 was as well that I should go into the garden and smoke a cigar ; I did 
 do so; when I returned from the garden he was gone. Q. Did Mr. 
 Seymour at that time, or at any period, or any point of that inter- 
 vicAv, say that he did not believe you to be Roger, and if you wanted to 
 say anything more to him, or have any conversation, he would receive 
 you and hear anything you had to say, if you liked to call at 39, 
 Grosvenor Street ? — He did not in my presence ; I believe, from what 
 Mr. Hopkins told me, that that is what he told him, but not to me. 
 Q. He did not say it in your presence ? — Certainly not. Q. Mr. 
 Hopkins said he said it to him? — I believe he made some appoint- 
 ment. Q. Was it not to that effect, that he did not believe you 
 were Roger : but, if you wished to see him and have any more con- 
 versation, he was ready to receive yoii at 39, Grosvenor Street, if you 
 liked to call? — Just so; mind that was not said to me, but said to 
 Mr. Hopkins." Then he is asked as to a bundle of letters that Avere 
 introduced. By the way I omitted to mention, Mr. Seymour told us 
 a bundle was introduced of Roger's letters Avritten before he left this 
 country, and it struck his mind at the moment that there were mar- 
 ginal marks on the letters wherever a mis-spelling occurred, and he 
 wished to have the letters. Mr. Hopkins offered him the letters to 
 take and read; he at first declined, then it occurred to him he miglit 
 as well have these letters and peruse them carefully, and he asked for 
 them again, and then Mr. Hopkins refused. " Q. Was there at that 
 interview at Mr. Hopkins's, when Mr. Seymour was there, a large 
 mass, a great bundle, of Roger Charles Tichborne's letters produced? 
 — Letters — no ; not a letter of any description. Q. Not a letter of 
 any description ? — At least I never saw any letters; as for one of my 
 letters I never saw any at Mr. Hopkins's in my presence." Then 
 after a good deal more of questions and answers with reference to 
 these letters, he is asked : " Did Mr. Seymour the last time before 
 you went out treat you as his nephew or not ? — Oh, yes, certainly he 
 did. Q. He accepted you, you mean, as his nephew? — Upon my 
 word I do not know when you are talking of; you say the last time 
 when I went out. Q. I mean on the one occasion, and the one 
 occasion only, you could not have supposed I meant any other, when 
 he was at Mr. Hopkins's house at Alresford, when he came doAvn in 
 consequence of your letter to him— That is the time I am speaking
 
 ( 685 ) 
 
 of. Q. When he parted from you on that occasion — whether it was 
 you or he left the room I care not— when you and he parted, did he 
 part from you on the footing that you were his nephew ? — Well, con- 
 sidering he would not remain in the room without having Burdon 
 with him while I Avas there, I should not think he did. Q. Do you 
 mean that he disbelieved? Mr. Ser.tt. Ballantine : He does not 
 say that at all. The Solicitor-General : Do you mean that ? — 
 I simply tell you what took place. Mr. Serjt. Ballantine : What 
 he says is that he did not treat him as his nephew. The Solicitor- 
 General : Did he OAvn you as his nephew? — Certainly not." Then 
 Mr. Serjt. Ballantine interposes with this observation, which I do not 
 think the learned counsel was fair in doing, considering the man to 
 whom this inquiry referred : " That is quite a different thing to dis- 
 believing him." It is insinuating that Mr. Seymour did not dis- 
 believe him while ostensibly he assumed to do so. " The Solicitor- 
 General: Did he disbelieve your story? Mr. Serjt. Ballantine: 
 How can he tell whether he disbelieved it? The Lord Chief Justice : 
 What Ave have got is, that he did not accept him as his nephcAV, and 
 the plaintiff says that he heard from Mr. Hopkins afterAvards that 
 Mr. Seymour said he did not believe him to be Roger Tichbome. Mr. 
 Serjt. Ballantine: Certainly, my Lord; I concede the Avhole of 
 that. The Lord Chief Justice: That is the result of it; you have 
 got it altogether. The Solicitor-General: Did he throughout 
 the interview treat you as if you Avere not his nephew? — Yes, he did." 
 Now the importance of that intervicAv is, that it gave Mr. Seymour 
 an opportunity of judging of the defendant's identity, and nobody 
 could be better qualified to judge of it than he ; though of course he 
 might make a mistake like anybody else ; but Mr. Seymour, as the 
 result of that personal observation of the defendant, as well as fi-om 
 the questions he put to him and the answers he got, Avent away Avith 
 a disbelief in the identity of the defendant. Secondly, having the 
 opportunity of seeing Burdon, Avhom Koger knew, the defendant 
 made the double mistake of first believing Burdon was one of his 
 cousins, and secondly that of not knoAving Burdon, Avhom, unless his 
 memory failed him, Roger Avould haA^e recollected. Then there is 
 the fiirther circumstance of his Avholly ignoring M. de Mandreville, 
 one of the oldest friends Roger ever had ; and, lastly, the circum- 
 stance of his ignoring his father's handwriting. 
 
 After this intervieAv with Mr. Seymour the defendant Avrites a 
 letter to his mother, in which he refers to it. Let us see what he 
 says. She was coming over to the Lord Warden Hotel and he 
 writes to her. I observed to you when this letter of the 15th of 
 February, 1867, Avas read in evidence, that the date of the month is 
 not written in extenso, as most people Avrite the date of letters, but 
 in a way some people date, namely, writing not only the day of the
 
 ( G8G ) 
 
 mouth in fio-ures but tlie month itself also in fio;ures, and then as 
 usual the date of the year in figures — thus 15/2/67 ; and that is a very 
 common way of the defendant in dating his letters ; and it has been 
 seen that in no instance Roger ever dated a letter in that Avay, and 
 I think I may say that almost uniformly lioger dates his letter not at 
 the top of the letter but at the bottom ; he never dates a letter in 
 that respect in the way the defendant often does. But although that 
 has been observed upon, and although it is a circumstance which may 
 have more or less weight, I do not think too much weight should be 
 attached to it, and for this reason, that in the course of a certain 
 number of years people acquire different habits. A man may put 
 the date at one time at the top of his letters, and at another get into 
 the habit of putting it at the bottom ; a man who dates at one period, 
 writing in the ordinary way, 15th of February, 1867, writing the 
 month Avith letters and not in figures, may, seeing other people use 
 a different practice, acquire that habit himself. I do not, therefore, 
 attach much importance to that. At the same time it is a fact that 
 the undoubted Roger appears never to have done it. The letter is 
 as follows : " JNIy Dear Mamma I arrived here from Alresford night 
 before last so that I can come and meet you when you arrive at 
 Dover. My dear Mamma I have meet Avith many friends at Aires- 
 ford that knew me well, and have receved a very welcome reception 
 fi-om them, the Alresford Church bells rung very merrily when I 
 arrive. I receved a visit from Col. Lushington at Mr. Hopkins. He 
 lunch with us at Hopkins the next day with Mrs. Lushington Hojjkins 
 and myself then returned with them to Tichborne. I pointed out to 
 the Col. the picture that belong to me." Whether that is intended 
 to be " picture" in the singular, or Avhether, as sometimes happens, 
 he has left out the final " s," which Avould convert the singular into 
 the plural, I do not knoAv. The statement that he pointed out the 
 picture or pictures may have been right, as the recollection of the 
 real Roger would recall the picture or pictures that belonged to 
 Roger ; and, inasmuch as there were a good many more than one 
 that belonged to Roger, I should suppose that was intended to be in 
 the plural and not in the singular. You now see the importance of 
 any communication Bogle may have made about the pictures. Bogle 
 was desired to see Avhat ])ictures there were ; and if he came back 
 and said there is this or that picture, there Avould be nothing easier 
 than for the defendant to say, " Ah ! I recollect that picture ; that 
 is the picture of the Queen;" and, seeing the picture of a handsome- 
 looking woman, " Ah ! that is mamma," which would be quite 
 natui-al. The letter continues, " the Col. found my Helmet and 
 I put it on. it fit me now has well has ever, of cause." That, again, 
 is one of the charactei-istics of the defendant's spelling ; when he 
 means to write " course," he invariably writes it " cause," or
 
 ( C87 ) 
 
 " caurse" — " of cause the Col. is perfectly satisfied, and has acted 
 very kindly and told me. he woiild give up the house at any time 
 I wanted it. He invited me to go and stay with him and take my 
 wife there with me. but I cannot well do that at present, poor old 
 Stubbs and Noble knew me as soon has they see me. Likewise a 
 great many more about there, the Tichborne bells rung for two days. 
 And in fact I covild not have been receved more kindly." I may 
 mention here that the word " received" is spelt by the defendant over 
 and over again, indeed I may say uniformly, without the " i," which 
 is necessary for the correct spelling of the word. " I have receved 
 a very kind letter from ]Mr scott, and Mr and Mrs Mark." — I believe 
 the name is Marx — " I have seen Henry Seymore" — spelt " m-o-r-e" 
 — "but he had been so poisoned by Cullington and Gosford that at 
 first he would not own me. Mr. Hopkins very kindly had a long talk 
 with him and so did I." Now observe these words, " Mr. Hopkins 
 very kindly had a long talk with him and so did I" — I have just read 
 you his cross-examination, in Avhich he says the whole conversation did 
 not last above five minutes — " Mr. Hopkins very kindly had a long 
 talk with him and so did I. of cause he soon altered his mind a little." 
 You know Mr. Seymour says he never altered his mind at all, or 
 intimated that his opinion, once formed, underwent any change or 
 modification whatever — " he brought William Burdon there with 
 him. but as Mr. Holmes had found out that William had been 
 tampered with, I would not allow him in my company, nor Avould 
 Mr. Hopkins." Noav not a Avovd was said by Mr. Holmes about 
 William Burdon ha%dng been tampered with, nor was any objection 
 made on that ground by Mr. Hopkins to Burdon's presence, who, 
 according to ]\Ir. SejTnour's account and Burdon's account, upon 
 Mr. Seymour saying he insisted on having a Avitness to hear Avhat 
 passed, was alloAved to remain in the room and hear Avhat passed, and 
 take part in the affair himself by producing that envelope, and show- 
 ing it to the defendant—" Cullington had told Uncle Henry" — 
 There we have Mr. Seymour referred to as the uncle — " Cullington 
 had told Uncle Henry that I was a client of Mr. Hopkins, and a 
 great many more things that Henry did not know." Then the word 
 " falsehood" is interposed between that and the next line ; and I 
 suppose Avhat he meant was " a great many more falsehoods" instead 
 of " things," but he did not strike out the latter Avord. " Mr. Hop- 
 kins is now living independent and has only acted has a friend to 
 me there is a great many things that I Avish to speak to you about 
 as soon as you come. I am noAv Avaiting for your telegram to come 
 and meet you at Dover, my Wife and Child are quite Avell and very 
 anxious to see you. They send their love to you my dear Mamma, 
 and I remain your affectionate Son." In that letter of tAventy-seven 
 lines there are a great many mistakes; not less than nine mis-
 
 ( G88 ) 
 
 spellings ; half a dozen mistakes of grammar ; no less than ten mis- 
 takes as to the use of the capital letter. Let us next see what the 
 defendant says with reference to that letter when he is cross-examined 
 about it. " Now, how came you to tell Lady Tichborne that you had 
 seen Mr. Hem-y Seymour, but that he had been so poisoned by 
 Cullington and Gosford that at the first, he would not own you, that 
 Mr. Hopkins had at last talked with him, and so had you, and ot 
 course he soon altered his mind a little ? Is it true you had a long 
 talk with him ? — No ; I did not have a long talk with him. Q. 
 What did you mean by telling Lady Tichborne ' Mr. Hopkins had 
 a long talk with him, and so did I' ? — But I did not mean a long 
 talk with him. Q. ' So poisoned that at first' — ? — So Mr. Hopkins 
 told me. Q. ' Mr. Hopkins had a long talk with him,' and ' so did 
 I ; and of course he soon altered his mind a little' ? — Mr. Hopkins 
 told me his mind was very much altered when he left. Q. You say 
 you had a long talk with him ? — No; I said Mr. Hopkins had a long 
 talk Avitli him, and so did I. Q. ' So did I' ? — That does not impute 
 a long talk. Q. And it don't impute he altered his mind about you 
 in consequence of your talk? — No, it does not. Lord Chief Jus- 
 tice BoviLL : You say he altered his mind, and Mr. Hopkins told 
 you so ? — Mr. Hopkins told me his mind Avas very much altered when 
 he went aAvay. Q. I thought you said just now" — that is in the prior 
 part of the cross-examination — "the reverse of that? — They asked 
 me how he treated me while I was present. Q. Just now, I thought 
 you told me that Mr. Hopkins told you Avhen Mr. Seymour went 
 aAvay he said he did not believe you to be Roger Tichborne ? — When 
 I Avent out of the room : I think that Avas the ansAver. Q. You said, 
 Avhen he Avent aAvay he did not believe you to be Roger Tichborne ; 
 if you had anything further to say he Avas ready to see you at 
 39, Grosvenor Street? — Mr. Hopkins told me his mind was very 
 much altered indeed. The Solicitor-General : Did he say when 
 he Avent aAA-ay (according to Mr. Hopkins), he did not believe you to 
 be Roger; but if you chose to call at 39, Grosvenor Street, he would 
 see you? — What Mr. Hopkins told me, and the letter noAv reminds 
 me of it, was, he had made arrangements for Mr. Holmes to Avrite to 
 him, and make an appointment at 39, Grosvenor Street, and from 
 Mr. Hopkins's conversation he seemed very much altered in his 
 opinion. The Solicitor-General: Noav I ask you this, AA-hether 
 Mr. Seymour did not say to yourself that he did not believe you Avere 
 Roger Tichborne: if you chose to come to GrosA^enor Street at all he 
 was ready to see you ; whether it was not said to yourself, and whether 
 you yourself did not appoint to go to him at five the next day, and 
 accompany Burdon and Mr. Seymour to the door of Mr. Hopkins's 
 house ? — I did not : I take my positive oath and solemnly SAvear I was 
 in the garden Avhen Mr. Seymour Avent aAvay." Then he denies
 
 ( 689 ) 
 
 having made tlie appointment to see Mr. Seymour the next day. 
 Mr. Seymom- evidently so understood it, for he tells us he invited his 
 sisters and Colonel Gi'eenwood and such other members of the family 
 as were in town to come to Grosvenor Street next day. They 
 assembled accordingly, but the defendant never came. Instead of 
 the defendant making his appearance, Mr. Holmes writes this letter: 
 " February 14th, 1867. Dear Sir, I understood Sir Roger that, as 
 his mamma was hourly expected at Dover, he had left Alrcsford, and 
 was holding himself in readiness to start at a moment's notice to meet 
 her there upon receipt of a telegram. I shall not see him this 
 evening, and think our meeting Avith you had better take place after 
 your return from the country. I regret not being in when you 
 called, for I should like to have shown you some papers connected 
 with the business. Truly yours." Then there was a good deal of 
 cross-examination on the subject of the defendant not having gone 
 to Mr. Seymour's, the defendant complaining loudly of the conduct 
 of Mr. Seymour in not acknowledging him, and so accounting for 
 his not having gone to him again to obtain from him a recognition 
 of his identity. Pie gets angry ; the Chief Justice tries to soothe 
 him, and says: "Just consider for a minute; you get excited by this 
 conversation, but the question, as I understood it, was this, what was 
 there when you first came over that had occurred to prevent your going 
 to one of your nearest and most confidential relations? — That, I believe, 
 I answered some time previous; it was my mother's wish that I should 
 not do so. Q. After you had seen your mother, Mr. Seymour had 
 offered to see you again in Grosvenor Street; was there any reason 
 you should not have gone to him then ?— Yes, there was a reason. 
 Q. What was it? — I cannot exactly say ; I have no doubt Mr. Holmes 
 could state the reason ; it was Mr. Holmes's wish, and he wrote to 
 me telling me not to go there; he found out a reason for doing so. 
 The reason was stated to me at the time, but I certainly cannot state 
 now what it was." 
 
 Gentlemen, it is a circumstance well worthy of observation, that in 
 the foregoing letter of the defendant the name of Seymour is spelt 
 Sey-m-o-r-e. "I have seen Mr. Henry Seymore, but he had been so 
 poisoned by Cullington and Gosford, that at first he Avould not own 
 me." I do not know that you could have a more striking instance 
 of ignorance on the part of the defendant than that the name of 
 Mr. Seymour shovild be written by him m-o-r-e. The attention of 
 the defendant Avas called to it on his cross-examination. He Avas 
 then asked whether Roger Tichborne had ever Avritten the name of 
 Seymour in that way, and his ansAver Avas that the name as appearing 
 in this letter of his was intended to be Scy-m-o-u-r. I desired to 
 have the letter handed up to me, that I might see, and satisfy myself, 
 
 Y Y
 
 ( 690 ) 
 
 and that you might, by taking the letter into your OAvn hands, satisfy 
 yourselves, Avhether that name is written correctly. 
 
 Now, the Avord appears to me, beyond all question, as far as I can 
 judge, to be written, not, as the defendant says, Sey-m-o-u-r, but 
 Sey-m-o-r-e. But it occurs also in a prior letter — a letter of the 12th 
 of February, to the Dowager Lady Tichborne, Avhere the name is 
 beyond all question Avritten Sey-m-o-r-e. 
 
 Now, the fact that he Avrites in both these letters (which is quite 
 tznmistakable Avhen you come to look at them) instead of Seymour 
 Sey-m-o-r-e is strikingly significant. Roger Tichborne knew how to 
 ■write the name of Seymour just as Avell as he knew how to write his 
 own. He certainly never wrote the name of Seymour otherwise 
 than Sey-m-o-u-r. The only explanation offered by the defendant, 
 that he meant it for m-o-u-r, on the actual inspection of the letter 
 itself proves fallacious. There can be no possible doubt that the 
 word is Seymore in both instances. The learned counsel for the 
 defendant, hoAvever, treated it as unimportant; he said that, "in the 
 17 til century there AA^as a distinguished indi\adual of the name of 
 Seymom-, avIio wrote his name Sey-m-o-r-e." But can that haA^e any 
 effect on the present question ? The question is, how Avould Roger 
 Tichborne have Avritten the name of Seymour? Roger Tichborne 
 learnt a little history, but I do not think his researches were quite 
 so recondite as the learned coimsel's, or that he kncAv of this distin- 
 guished man who Avrote his name Sey-m-o-r-e. The question is, how 
 Roger Tichborne Avould have w^'itten it, and Avhether it is not a serious 
 incongruity on the part of the defendant that he wTote Sey-m-o-r-e. 
 
 The promised meeting at 39, GrosA'enor Street, not having taken 
 place, Messrs. Dobinson and Geai^e, acting at that time for the 
 trustees, Avrote a A^ery proper letter, I think, to Mr. Holmes : 
 
 " Dear Sir, — In our letter to you of the 7th of January last, we 
 stated that your client, Avhom you designate as Sir Roger Tichborne, 
 would doubtless be received by the Tichborne family with open arms 
 upon his identity with the eldest son of the late Sir James Tichborne 
 being established. In the instance of Mr. Danby Seymour only has 
 your client been alloAved to have an intervicAV with any member of the 
 Tichborne family (other than the DoAvager Lady Tichborne), and 
 then an appointment Avas made for a renewed intervicAv on the follow- 
 ing day, Avliich was not kept by your client; and again, another 
 appointment Avas made for the day succeeding, Avhich in like manner 
 proved fruitless. Thus your client has held himself not only aloof 
 but in secret from all whom he claims as his relatives, except the 
 DoAvager Lady Tichborne. It would seem to any candid mind that 
 tlie issue is a very simple one. It is not a question of remote or 
 intricate pedigree, but of mere personal identity, the times being of 
 the most recent date. When Mr. Roger Charles Tichborne left this
 
 ( 691 ) 
 
 country lie was twenty-four years of age, he had lived on the most 
 inthnate and affectionate and familiar intercourse with numerous 
 friends and relatives; there are scores of persons now living who 
 could identify him to a certainty; the great majority of his relatives 
 have no pecuniary interest in the issue whether he be dead or living 
 — they are persons of position and honour, irrespective of mere 
 fortune, far above all possibility of being influenced by any other 
 than honourable motives; there is not and there cannot be any 
 reason why members of such a family should not only readily but 
 eagerly acknowledge the identity of a relative long supposed to be 
 lost, and himself the rejjresentative and head of a family of distinction 
 and fortune. To our minds, it seems an imperative duty to try every 
 means of preventing litigation where litigation ought not to exist. 
 If you feel your client's claim to be Avell founded, you will not hesitate 
 in permitting him to meet the relatives and friends with Avhom 
 Mr. R. C. Tichborne lived and associated from early youth to the 
 time of his leaving this country. We require such a meeting on 
 behalf of those whom we represent, and it is a necessity, as we 
 conceive, that your client submits to such • requirements ; he may 
 surround himself with every protection and aid you think necessary 
 on his behalf ; counsel, solicitor, and friends ; choosing time and 
 place ; but if he still, after this offer, refuses to meet those who are 
 best able to form an opinion of his pretensions, he must expect to 
 have them dealt with as groundless, and Avholly unworthy of credit. 
 We hope, however, you will avail yourself of our suggestion, and 
 make arrangements for an early meeting. We are, dear sir, yours 
 truly, Dobinson & Geare." 
 
 Mr. Holmes might very well have said, " On behalf of my client, 
 I decline to agree to such a meeting, and for this reason : it is true 
 his relatives and friends are persons of position and character, but 
 they have conceived a strong prejudice against him, manifesting, 
 by what has happened, an entire disbelief in him, and any meeting 
 he might have with them would only expose him to be treated as an 
 impostor, and would be very unlikely to end in any satisfactory 
 result, and therefore I decline. If I thought their minds were still 
 perfectly open, I should have sought it ; as it is I decline." If he 
 had used that language, I could have understood it, but, instead of 
 that, he writes a letter in what I must call a very high and lofty tone, 
 and hardly, I think, such an answer as a gentleman entertaining the 
 honourable feeling a solicitor usually manifests in matters of this 
 kind, would properly wa-ite : "28th February, 1867. Dear Sirs. 
 Tichborne. In your communication to me of the 7th January, you 
 stated that my client ' would doubtless be received by the Tichborne 
 family — ' " and he then cites that passage from the letter which 
 I need not repeat. Then he goes on to say, " In your letter of 
 
 Y Y 2
 
 ( G92 ) 
 
 tlie 22iid iust., the receipt of which I beg to acknowledge, you 
 refer to that of the 7th January, and state ' to our minds it seems 
 an imperative duty to try every means of preventing Utigation,' 
 and further, ' if you feel your client's claims to be well founded 
 you will not hesitate in permitting him to meet the relatives and 
 friends with whom Mr. R. C. Tichborne lived and associated from 
 early youth to the time of his leaving this country.' You appear 
 altogether to ignore the fact that Sir Hoger Tichborne has already 
 been fully identified as the eldest son of the late Sir James Tich- 
 borne, by those with whom my client lived and associated from early 
 youth until he left England, and who could not possibly be mistaken 
 as to his identity, and I may add, by those who have no personal 
 interest one way or the other. As you have overlooked the important 
 fact, allow me to remind you that upon his return to this country, 
 Sir Roger went to Paris, and in the first instance visited his mother 
 the DoAvager Lady James Tichborne, and that she instantly recog- 
 nised him ; of this your clients are well aware " — Now the circum- 
 stances under which the recognition by Lady Tichborne took place, 
 and to which I called your attention yesterday, had been witnessed 
 by Mr. Holmes himself — " Again, Mr. Hopkins, of Alresford, who 
 acted as solicitor for Sir Roger and his father, has most unreservedly 
 identified him, and written to Lord Arundel and Mr. Danby Sey- 
 mour informing them of the fact. Mr. F. J. Baigent, of Winchester, 
 an old friend of the family, and many of the tenants, servants and 
 friends to Avhom my client was Avell known in his youth, have also 
 identified him. Surely, afler this abundant proof that my client is 
 Sir Roger, the eldest son of Sir James Tichborne, it is idle to talk 
 of any further identification being required. I have called your 
 attention to the course taken by Sir Roger, in visiting in the first 
 instance his OAvn mother, and then his family solicitor, and old 
 friends, tenants, and servants, and I may reasonably ask who ' the 
 Tichborne family' " — in inverted commas — " would suggest as being 
 better qualified than the mother of Sir Roger to establish the identity 
 of my client. But noAV allow me to remind you of what has been 
 done by or on the part of those interested in denying his identity. 
 As soon as they were informed of his arrival in England they caused 
 him to be hunted, and traced his footsteps, broke in upon his privacy, 
 and watched his every movement, as if he had been an impostor ; 
 and not satisfied with that, the press was even influenced to denounce 
 him as such. I know of nothing so painful as the position in which 
 Sir Roger has been placed by being thus treated. Is there the 
 slightest groinid for palliation of such conduct or for doubting the 
 object which they who ])ursued it had in view ? It was continued 
 towards him even after he had placed himself under my protection. 
 Sir Roger and his mother Lady Tichborne are now, and since her
 
 ( G93 ) 
 
 return from Paris have been, living in the same house in Croydon. 
 I have submitted your letter of the 22nd instant to them, and am 
 instructed to say that they feel indignant at the disgraceful conduct 
 rcfen-ed to. Sir Roger Avill certainly hold those who persisted in it 
 responsible to him. I cannot for a moment believe that you have 
 been privy to it, and I should be glad to be informed that it has not 
 been known to or countenanced by any of your clients. As soon as 
 possible after the receipt of your letter of the 25th of January, in- 
 structions Avere laid before counsel with the object of instituting 
 immediate proceedings to establish my client's rights; but in conse- 
 quence of your last letter, they will be delayed for a week, in the 
 hope that after the facts I have brought to your notice, such rights 
 will be admitted by jouv clients without suit. I fully agree with you 
 that in so clear a case as this, litigation ought not to exist if it can 
 be avoided. On the part of my client I insist that his identity has 
 already been sufficiently and fully established. At the same time I 
 request to be informed the names of those members of ' the Tichborne 
 family' for whom you are acting, and who, if any one, they would 
 suggest is better qualified to establish the identity of Sir Roger than 
 his own mother" — a sneering question — "and I must expressly 
 stipulate that your clients shall use their influence to prevent a repe- 
 tition of the annoyances so justly complained of. With regard to 
 your remark relating to Mr. Danby Seymour, my correspondence 
 with him shows that I was unable to keep his appointments, but that 
 there was no disinclination whatever either on Sir Roger's part or 
 mine to see him as many times as he wished. I am, dear Sir, yours 
 truly, John Holmes." Well, this Avas a letter written in a rather 
 lofty style, but ]\Ir. Holmes seems to have thought better of it 
 afterwards, and Mr. Radcliffe, now Sir Percival Radcliffe, and 
 Mrs. Radcliffe, having expressed a wish to see the defendant, he 
 informed them that they might see him at Croydon any day they 
 thought proper to do so ; and, accordingly, on the 8th of March 
 they went to Croydon for that purpose. 
 
 I now come to the first interview at Croydon, which is one of 
 considerable importance with reference to the things that occurred 
 at it, Mr. and Mrs. Radcliffe, accompanied by Mrs. Townley 
 and Mr. Plowden, went down on the 8th of March. When they 
 arrived, Mr. Radcliffe and Mrs. Townley went into the house, while 
 Mrs. Radcliffe remained for a time at the gate or door in the cab 
 with Mr. Plowden. They were shown into a room, described by the 
 witnesses as a back room on the same floor as the drawing-room ; 
 a small room with a large window in it, and which let in abundance 
 of light. When they had been there a little while the defendant came 
 in, and according to the statement of Sir Percival Radcliffe and 
 Mrs. Townley, he went up to the latter, addressing her as though she
 
 ( 694 ) 
 
 had been INIrs. Radcliffe, and said to lier, " How do you do, Kate ? " 
 You have seen Mrs. Townley, who certainly is not like Lady Radcliffe ; 
 but, if this evidence is correct, when the defendant came in and saw 
 her with Mr. Radcliffe, he jumped to the conclusion that she must be 
 Mrs. Radcliffe, and addressed her accordingly. We have the evidence 
 of Sir Percival Radcliffe as to what passed after this. He says he first 
 spoke to the defendant and said, " When did we last meet?" — "Well," 
 he said, " I have never seen you before, or I do not recollect ; I only 
 know you married my cousin. Q. Tell me, if you please, what 
 accent he talked to you with as regards language ? — He spoke in a 
 sort of attempted broken English — ' How — do — you — do ?' That sort 
 of style. * When — did — we — meet? How — are— you?' That sort 
 of style ; perhaps not as I am at this instant making it, but that 
 style of talking. Q. And he continued speaking in that style, 
 did he? — He continued during the whole conversation, more or 
 less ; but now and then he appeared to lose it, when he got a 
 little excited ; he returned again to it every now and then." 
 Then, according to Sir Percival, Mrs. Townley, who had gone 
 in with Mr. Radcliffe, interposed and said, " ' I have got a cousin 
 I have left in the cab below ; would you have any objection to 
 see her?' He said, 'Oh, dear no.'" She got up; the witness 
 says he was rising to do so, but Mrs. Townley got up quicker and 
 went out of the room, and fetched his wife in. He says, " Mrs. 
 Townley, on coming back, did not mention the name, or say who 
 the cousin was. When Mrs. Radcliffe came in, he shook hands 
 with her or spoke to her ; I will not be positive whether he shook 
 hands with her; he bowed or shook hands — I am not positive 
 on that point. Q. What did he say ? — He said, ' How do you do, 
 Lucy,' or ' Mrs. Townley.' " Then he is asked what time of the day it 
 was ? — " It was about three ; before three, I fancy. Q. What sort 
 of light was there in the room ? — A very light room ; there was a 
 large window to the room. Q. Are you able to say whether there 
 were one or two windows in the room ? — Well, it was a very large 
 one — that I am quite positive of, but whether there was any more 
 light in the room I cannot say. Q. But, however, there was full 
 light in the room ? — A very light room ; a small room with a very 
 large window. Q. Now, if you will go on with the conversation 
 after, ' How do you do, Lucy,' or ' Mrs. Townley ?' — Then I think 
 the next thing he asked Avas, ' How is Mr. Townley.' Mr. Justice 
 Mellor : Still addressing Mrs. Radcliffe ? — Yes, my wife. She 
 then sat down, and Mrs. Townley and my wife both sat down, and 
 I sat down, and they began to converse about different subjects. 
 The Lord Chief Justice : Did you say anything upon his 
 inquiring of your wife for Mr. Townley? Did you make any 
 remark ? — No, I made no remark. I remarked it to myself. I saw
 
 ( 695 ) 
 
 it at once, but I did not make any remark to lilm. Then they 
 began to talk about different things. I cannot recollect the whole 
 conversation, I can only recollect different little bits of the con- 
 versation. The matters they talked about were more matters they 
 were conversant with than I Avas. Therefore I did not speak very 
 much : but I made a fcAV observations myself. At one time I saw 
 the conversation was slacking — or before that, I must tell you, 
 after they had talked some time — he still believing them to be just 
 the contrary of what they really were — I should think they talked 
 for four or five minutes, or a considerable time, I cannot say the 
 exact length of time, but a considerable time, and he was under the 
 delusion that Mrs. Townley was Mrs. Kadcliffe, and Mrs. Radcliffe 
 was Mrs. To^vnley ; that is quite positive." Then Sir Percival says 
 that after the conversation had gone on for some time, seeing that 
 they were getting into a species of embroglio, to use a foreign term, 
 a state of confusion, from the ladies keeping up the characters which 
 did not belong to them, Mrs. Townley as Mrs. Radcliffe, and vice 
 versa, he at last said, "You do not seem to know whom you are 
 talking to ; you are addressing my wife as Mrs. Townley, and 
 Mrs. Townley as my wife." So that, any mistake under which he 
 may have so far been labouring was then set right. You will see 
 presently what he said upon that being done. 
 
 Now, Gentlemen, if the effect of the evidence be to satisfy you 
 that the defendant did mistake the two cousins one for the other, and 
 that he mistook Mrs. Townley for Mrs. Radcliffe, can he be Roger 
 Tichborne ? Does a man after twelve years forget altogether the 
 features of a woman with whom he has been passionately in love, and 
 whom he knew for several years ? A fortiori the observation would 
 apply if the intimacy went to such lengths as the defendant represents. 
 Does a man mistake for a woman with whom he has been so in love, 
 a lady who has nothing in common with her in point of appearance, 
 and who is considerably her senior in point of years ? It therefore 
 becomes a matter of much importance to see, first, Avhether this 
 mistake was made ; and, if so, Avhether it was made under circum- 
 stances which enable us to say that the defendant had a fair oppor- 
 tunity of seeing the two cousins, of whom he thus mistook one for the 
 other. Now that turns a good deal on a question on which the evi- 
 dence is not altogether uniform — namely, whether these ladies at the 
 time he made this mistake had their veils down or not ; and, if they 
 had their veils down, wliether the veils were sufficiently transparent 
 to enable him to see their countenances at the time the conversation 
 was going on. The ladies are not quite agreed upon the subject, and 
 I must call attention to what they say. As I have observed, the great 
 point to ascertain is whether he had a fair opportunity of distinguish- 
 ing between the two. Mrs. Townley is asked, " Did you stay for
 
 ( 696 ) 
 
 some time talking before it was made knoAvn who you Avere ? — Yes ; 
 we sat down for a few minutes together talking, and Ave both had our 
 A'eils down. Q. And then did Mr. Iladcliffe say anything ? — Yes ; 
 then Mr. KadclifFe said, ' You make a mistake ; this is ]\Irs. Townley 
 and that is Mrs. RadclifFe.' Q. And did you then lift your veil 
 up ? — I lifted my veil up. Q. Did Mrs. Radeliffe ? — I think not." 
 Then Lady RadclifFe is asked her version of it. " Upon entering 
 the room — tell me exactly, as far as you remember it, what occurred : 
 What was the first thing that was done? — I think he said, ' How do 
 you do, Lucy ?' The Lord Chief Justice : To whom ? — To me. 
 I think he said, * How do you do, Lucy?' That is ray impression. 
 Mr. Justice Lush : The defendant said that? — Yes. Dr. Kenealy: 
 She says ' I think.' Mr. Hawkins : As a matter of fact Mrs. Town- 
 ley is very much your senior ? — Yes, she is, some years. Q. And is 
 there any likeness between you ? — 1 do not know ; I do not think 
 so " — We can judge of that because we saw them botli^" Q. What 
 next after ' How do you do, Lucy ?' — Well, we tried to get into con- 
 versation : I forget what Avas said first. Q. You afterAvards sat 
 doAvn in the room? — We sat doAA^n opposite to him. I Avas nearly 
 opposite Mrs. ToAvnley on the right side, and my husband on that, 
 and he AA^as sitting in front of us. Q. Was your veil up ? — I pulled 
 it up. It Avas a thin spotted veil. There was no difhculty in seeing. 
 The Lord Chief Justice : White or dark ? — Black ; there was 
 no difficulty in recognizing a person through it. Mr. Justice 
 Lush : When did you pidl it up ? Before you sat doAvn ? — Just 
 after I sat doAvn, I think ; I am not quite sure ; very soon. The 
 Lord Chief Justice : Was it after or before he said ' Hoav do you 
 do, Lucy ?' — I think it was after. Mr. Haavkins : Did you sit in 
 the light, or how were you sitting ? — There was a strong light there, 
 a AvindoAv at the end of the room that fell across ; it was a very bright 
 light upon all of our faces ; it was in the afternoon. Q. Do you re- 
 member your husband making any observation ? — He said are you 
 quite sure you knoAv Avhich cousin you are addressing, or something 
 of that sort ; but that was after he had asked me about Mr. ToAvnley. 
 The Lord Chief Justice : It is very important to liaA^e it exactly 
 as it passed ? — Well, there Avere scA'cral questions asked. Q. Just 
 tell us AA'hat led to the question on the part of your husband to the 
 defendant, if he Avas quite sure Avhich cousin he was addressing ? — 
 Because he asked me after Mr. ToAvnley, he looked at me and said 
 ' How is Mr. ToAvnley ?' Mr. Justice Lush : That is after you 
 sat doAvn? — Yes, after we sat doAvn." Upon this I said to her, 
 " Try and recollect at the time he asked you after Mr. Townley, 
 had you your veil up ? — Yes. Q. Or Avas it before you had taken 
 it up ? — Oh, yes ; I am sure it Avas after I had taken it up. Q. It 
 Avas after you had taken it up ? — Oh, yes, I am sure it Avas."
 
 ( 697 ) 
 
 Gentlemen, if tliis Avas so, he had then full {)]i]if)rtnnity, ■with 
 abundant light in the room, of seeing their faces ; and if after that 
 he still went on under tlie delusion that it Avas Mrs. Townley he Avas 
 addressing, Avhen in point of fact it Avas INIrs. Kadclifle, the former 
 Kate Doughty, it AA^ould certainly be very staggering. 
 
 By one of the Jury : There Avas a marked difference in their A'oices. 
 
 The Lord Chief Justice : The obserA-ation Avhich you liaA-e 
 made, is certainly by no means an unimportant one. As the features 
 of anybody you liaAC loved remain impressed on the memory, the 
 tone of the voice you ha\'e listened to with strong feelings of affection 
 also remains there, so that you Avould not mistake it for that of any- 
 body else. The observation is one, I confess, that had escaped me, but 
 it is one AA'hich is by no means immaterial to the matter Ave are noAV 
 inqiiiring about. Noav the later statement of Mrs. Kadcliffe is that her 
 veil Avas up ; but it is not quite Avhat she said in the earlier part of her 
 examination, and the matter is left in some little ambiguity ; and if 
 there is any doubt, the defendant ought to have the benefit of it. But 
 still the question remains whether though the veils Avere doAvn,the de- 
 fendant had not an opportunity of distinguishing the features through 
 the veils ; and also Avhether, af^er the veils were taken up, his con- 
 versation did not exhibit a Avant of knoAAdedge of the person Avhom 
 he was addressing. Sir Percival Radcliffe's account of it is this : 
 " I perceived that the two ladies Avere getting rather into a dilemma, 
 they Avere asking questions A\diich made it exceedingly pvizzling, 
 forgetting they Avere acting the parts, the one of Mrs. Townley, 
 and the other of Mrs. Radcliffe, and they were making quite 
 a puzzle of the AAdiole thing ; so I saw it must come to a finale 
 somehoAv or other : and I thought he would discover Avhich 
 Avas Avhicli by the questions they Avere putting to him ; and 
 so I thought I Avould put it to him, and prove that he did not 
 knoAv Avhich was AA'hich ; so I said to him, ' are you quite positive 
 that you are speaking to your right cousins ?' and then immediately 
 he said, ' Ah ! I perceive noAv that you,' looking at Mrs. ToAvnley, 
 * are Lucy, and you are Kattie, INIrs. Radcliffe, because you look 
 older,' or 'you are older,' or some such remark as that." Noav if that 
 passed, it Avould be tolerably conclusive that it was not as a matter of 
 memory that he distinguished betAveen the tAvo persons by the recollec- 
 tion of their individual features, but by an act of the reasoning faculty 
 as distinguished fl'om the memory ; that knoAving that Mrs. Townley 
 must be older than Mrs. Radcliffe, he came to the conclusion on 
 observing the difference in their appearance in point of age, that the 
 one was Mrs. Townley and the other Mrs. Radcliffe ; not by the 
 exercise of his own memory about the features of one or the other. 
 Sir Percival gives us an account of what flirther passed. " After
 
 ( 698 ) 
 
 that did the conversation still go on ? — It went on, but it slackened 
 after a time very much, and I made a remark to the claimant and 
 said to him, ' Now, come, surely you tAVO cousins' — of course I was 
 considering him as the cousin at that time — ' cannot you two cousins 
 speak to some matters that occurred at Tichborne whilst you were 
 there ? and he looked in this sort of way" — then the witness described 
 to you as if he Avere reflecting and said, " 'We — did — pick — flowers' 
 — he said after a time. That Avas the only reply that he made." 
 Then the witness says, " I suppose I may observe he made a very 
 different statement as to what he said to me — it was a very pointed 
 thing. Q. Be kind enough to repeat the conversation first? — But 
 the answer he said he gave to that question was absolutely false" — 
 evidently referring to what had occurred on the former examination — 
 " If you will refer to the notes — to the answer the claimant gave to the 
 question I put to him — he swore before the court that when I put that 
 question to him — ' cannot you two cousins recollect something that 
 occurred at Tichborne,' he answered, ' What is it to you what passed 
 between me and my cousin ?' " Mr. Hawkins : " I have not for- 
 gotten that — No more have I. Q. It is a most important matter, 
 and I shall call attention to it presently, and ask you distinctly 
 whether he ever said anything of the kind ? — Most decidedly not. 
 Q. Then did he say to you at that interview, or at any other 
 time, ' What happened between her and me in old times is sacred, 
 and will never come to you' ? — Most decidedly nothing of the kind 
 or approaching it ; the reply he made was, * We — did — pick — 
 flowers.' Q. Now if you will continue your report of the conversa- 
 tion, do you remember your wife asking the same question as you 
 did as to when they last met ? — Yes, I do recollect her asking that 
 question. Q. What answer did he give ? — I think she put that 
 question after he knew which was her. Q. Well I have come to 
 that time Avhen you had revealed to whom he was talking ? — Yes, 
 after he knew that, he said he had last seen her at Tichborne ; 
 he had previously made the same remark to Mrs. Townley, fancying 
 she was my wife. That was before my wife came into the room, 
 to the best of my recollection. He said he had last seen her 
 at Tichborne ; and on my wife again putting the question in her 
 own person, he made the same ansAver, ' We last met at Tichborne.' 
 Q. Did he say any particular time, or aUude to any particular 
 event? — I think he did. Q. Do you remember whether he said 
 anything about Sir Edward's illness? — Yes, I think he did ; but you 
 see I did not know the whole history, and I did not pay great 
 attention to those points." Here Lady Radclifle's eAadence comes 
 in. She says after her husband asked the defendant, " ' Do you 
 know which cousin you are addressing ?' he said, ' I do not recognise 
 them ; they do not recognise me ; Ave are all so changed.' He
 
 ( 099 ) 
 
 spoke in a sort of broken English; then he said, addressing 
 Mrs. ToAvnley, ' I see now you must be Lucy, because you look 
 older,' or some words to that effect. ' I see now you must be Lucy, 
 because you are older.' " " Do you recollect, without my suggesting 
 to you," says Mr. Hawkins, "the order which the conversation took? 
 — Well, I recollect several things, but I cannot say the order which 
 they took. Q. Then did you ask him where you last met? — Yes, 
 where Ave last met. The Lord Chief Justice : You asked him 
 that ? — I asked him where we had last met ; he said, ' At Tichbome, 
 just before I went abroad;' or some words to that effect — that was 
 the sense. Then I asked him if he remembered any person who 
 stayed at Tichborne, and I think he said he did not. Mr. Hawkins : 
 He did not? — No, unless he named the Nangles; I am not sure, 
 he might have named them ; I will not be sure about that. Q. He 
 said just before he left England he had seen you at Tichborne ; did 
 he make any reference at all to your father ? — ' When Uncle Edward 
 was very ill.' Mr. Justice Lush: He said that? — That is what he 
 said, but Roger never called him ' Uncle Edward.' The Lord 
 Chief Justice : Now, during your father's illness, before Roger 
 went away, you say Roger Tichborne did not come to see you? — • 
 No, he did not. You were in the house at the time, were you ? — 
 I was." Then she is asked about a different matter. " Do you 
 remember anything being said about your horse ? — Yes, I asked him 
 whether he remembered anything about my horse, and he said, 
 * No ; I remember Uncle Edward's white pony that drew his chair.' 
 Q. Had your father any white pony who drew his chair? — No, 
 never ; formerly my father rode a pony, but never a white pony, 
 that I recollect. The Lord Chief Justice : Never a white 
 pony ? — No, and he never had a pony-chair." 
 
 Then Mrs. Townley's evidence comes in, especially as to the 
 conversation in which she took a part. She says, " I asked him 
 if he recollected my mother. Lady Tichborne, and he hemmed, 
 and hawed, and said ' Aunt Annie,' a name she was never known 
 by. She was never known as 'Aunt Annie.' Q. What was 
 her name in the family ?—' Aunt Tichborne' always. Q. Did 
 Roger know her as ' Aunt Tichbome ' ? — Always ; he never called 
 her ' Aunt Annie.' Q. Never — or anybody else ? — I never heard 
 her called by that name. Q. Did you ask him anything about 
 your sisters?— Yes; I asked him if he recollected my sisters, and 
 he said, ' Oh, yes : Eliza Elizabeth, Lady Dormer ;' and then 
 he said, 'Katie Greenwood, and Mrs. Higgins.' I then asked 
 him if I had not another sister, and he said, ' No.' Then I 
 mentioned Mrs. Hibbert. Q. What did you say ? — ' Don't you 
 recollect Mrs. Hibbert?' and he did not seem to know anything
 
 ( 700 ) 
 
 al)Oiit licr. Q. What did lie say ? — I do not know Avhat he said, but 
 he seemed not to have heard of her. Q. Was your sister, Mrs. Wash- 
 ington Hibbert, Avell acquainted with Iloger ? — I think so. I think 
 she must have knoAvn him quite as well as I did, or even better." 
 We know that Roger visited Captain and Mrs. Hibbert at their 
 seat, Bolton Grange. Then further on she is asked : " At this 
 interview did you ask the defendant Avhen he last saw you? — Yes, 
 I remember asking him on that subject. Q. What did he say ? — 
 He said, ' At Grove House, Brompton.' Q. Whose house did 
 he speak of that as? — My mother lived there for some years. 
 Q. But what did he speak of it as? — As Grove House. Q. He 
 did not mention your mother? — Yes, he said, * Aunt Annie's house.' 
 Q. ' Aunt Annie's,' and ' Grove House ?' — ' Aunt Annie's,' and 
 ' Grove House.' Q. Was that correct? — No, that was not correct; 
 my mother had left Grove House at that time. Q. When you last saw 
 Roger? — When I last saw Roger. Q. That was in 1853 ? — 1853 ; she 
 had then been living about a year at 12, Eaton Place, West. Q. Do 
 you remember asking him at all about his visit to Townley?" — 
 You remember, gentlemen, that Roger went over from Stonyhurst 
 in the early part of 1847 or 1848, one of the winter vacations, and 
 paid a visit to Mrs. Townley — " Yes, I did : I asked him if he 
 recollected paying a visit to Townley. First of all he said, No ; 
 then he said. Yes. I then asked him if he recollected the house, and 
 he said he had quite forgotten it. Then I said, ' You cannot forget 
 what part of England it is in,' and he said, ' Oh, no ; it is near Bath.' " 
 — We know it is in the north of Lancashire. — " Q. You are qviite 
 sure that he said Townley was near Bath ? — Quite positive. I then 
 asked him no further questions." In cross-examination she admits 
 that the name of her eldest sister, the present Lady Dormer, was 
 Elizabeth, and that she was usually called Eliza ; so that the 
 defendant, in speaking of Lady Dormer as Eliza Elizabeth, Avas not 
 very far out, because, although her name was Elizabeth, amongst 
 themselves she was called Eliza. 
 
 Another material statement was made by him on this occasion. 
 Sir Percival Radcliffe says : " I cannot recollect everything that Avas 
 said, but I recollect one very pointed thing that he said. He said, 
 ' I need not now make any more secret about it. I have the captain, 
 and I have seven or eight of the sailors that were saved with me.' 
 I particularly remember his making that statement. The Lord 
 Chief Justice : Are you sure he mentioned the captain? — Quite 
 positive, my Lord : but I am not quite positive as to the number of 
 sailors saved with him. ]\Iy impression is that he said seven or eight, 
 but he mentioned a great number. Q. Of the crew, or how did he 
 say ? — ' Of the sailors,' I think he said, ' that Avere saved AA-ith me.'
 
 ( '01 ) 
 
 He did not say the sailors of the ' Bella,' but he said ' the sailors that 
 were saved with me,' because it occurred to me afterwards, Avhcthcr 
 he meant the ' Bella' or the other shi])." Sir Percival says he was 
 desirous of leading him to South America, but, for some reason or 
 another, it appears that the defendant's laAvyers had for the time 
 tabooed that subject. Sir Percival says : " First of all, I must tell 
 you that when he spoke about this captain and crew, it appeared to 
 me that he was trying to draw on the conversation towards his loss, 
 or something of that sort. I knew nothing at all about the loss, and 
 I wished to draw the conversation towards lioger Tichborne's excur- 
 sions or travels in South America, about which I did know, and so 
 I said to him, ' Will you tell us,' or ' relate to us more of your adven- 
 tures in South America?' His answer was, 'No, my lawyers tell me 
 I must not talk upon that subject.'" Sir Percival is asked: "Do 
 you remember saying anything to him about Lady Doughty ? — Oh, 
 yes ; I reproached him. I asked him Avhy he had not gone to Lady 
 Doughty, because I knew Lady Doughty Avas exceedingly attached 
 to Roger. I have often heard her speak most affectionately of Roger, 
 and many times heard her say, before Ave heard of this man claiming 
 to be Roger, that she felt convinced that if Roger turned up she 
 Avould be the first person to Avhom he would come. Well, I put it to 
 him that I thought he Avas behaving very unkindly to her in not 
 going to her soon after his arrival, and he said he had heard she had 
 said unkind things of him. He had seen it in Avriting, or had seen 
 it in a letter ; he had heard she called him an impostor. There 
 Avas also another matter I put to him. I said, ' I thought he Avas 
 behaving exceedingly ungratefully to the widoAV of his uncle. Sir 
 EdAvard Doughty ; that Sir EdAvard Doughty had been exceedingly 
 kind to him in leaving to him property Avhich he might liaA'e left to 
 his OAvn daughter— not exactly leaving it, but going into those family 
 arrangements Avhich Avere carried into effect by the settlement.' 
 Q. That is the impression you had of Sir EdAvard Doughty's powers ? 
 — It Avas not impression, but it Avas the fact ; the property at Tich- 
 borne I refen-ed to ; I kncAV the Avhole history of it. Q. What did 
 he say to that ? — I thought this Avould be rather a crucial point, 
 putting that to him ; and he ansAvered, ' Oh, I made that all right in 
 Paris.' I did not knoAv Avhat he meant, because I kncAv Roger made 
 his Avill in London, and that Mr. Slaughter had made his Avill. 
 Q. You kncAv that from the knoAvledge you had of the family ? — 
 Perfect knoAAdedge, and kncAV all about Roger's Avill, of course. 
 Q. And he ansAA^ered you: 'I made that all right in Paris?' — 'I 
 made that all right in Paris.' " 
 
 Now these three Avitnesses agree that at that conversation the 
 defendant spoke with an assumed French accent. " In Avhat sort 
 of mode or accent did he speak to you ? — He spoke Avith an assumed
 
 { 702 ) 
 
 French accent. Q. Will you tell us why you use the word 
 
 * assumed ' ? What did you observe in it which makes you use the 
 
 expression ? — Because, when he seemed not to be thinking that he 
 
 was talking to us, he broke out in regular vulgar English. Q. Did 
 
 that happen more than once in the course of the conversation ? — Yes, 
 
 I think so. Q. At all events that was the impression left on your 
 
 mind ? — Yes." Then Lady RadclifFe was asked whether the whole 
 
 conversation Avas in English. She says, " Yes ; but he kept up a 
 
 sort of French accent the whole time." In another place she says 
 
 that, in addressing Mrs. Townley, he spoke with a foreign accent, 
 
 which the witness when in the box attempted to imitate. " Q. Now 
 
 you repeated what he said with something of a French accent in your 
 
 own way ; do I understand you that he spoke like that ? — Yes ; he 
 
 spoke in a sort of broken English. Q. Will you repeat what he said 
 
 as near as you can, with the accent with which he pronounced the 
 
 Avords ?" Then she imitated him : " ' Ah, I see you must be Li^cy, 
 
 because you are older.' Q. As he pronounced it ? — ' Ah, I do not 
 
 recognise them ; they do not recognise me ; we are all so much 
 
 changed.' Q. And with that sort of an accent ? — Yes, but much 
 
 more of an attempt at a French accent." Sir Percival told us the 
 
 same thing. 
 
 Let us now tiu'n to the defendant's account of this inter^dew, 
 
 and hear what he has to say about it. After this you must form 
 your own judgment upon it. He is asked, on cross-examination : 
 " I believe you had two interviews with Mr. Radcliffe, had you 
 not? — Yes. Q. Were you in the room on the first occasion, when 
 ]SIr. and Mrs. Radclifie and Mrs. Townley came in to see you ? — 
 I was not ; not in the room they went into. Q. Did you go into 
 the room where they Avere? — Yes. Q. Did you go up to Mrs. 
 Radcliffe and call her Lucy Townley? — No. Q. Did you call her 
 Mrs. Townley? — No. Q. Did you call her Lucy, and ask after 
 Mr. Townley? — No. Q. Did you address Mrs. Townley as Mrs. 
 Radcliffe ? — No." Then he is going to say something, " They 
 
 came " and the Solicitor- General says, "Wait a moment: I Avill 
 
 ask you, and then you shall give your account. Q. Had Mrs. Rad- 
 cliffe got on a spotted veil ? — I cannot tell, I am sure. Q. And was 
 something said about the veil being doAvn, and your being unable to 
 see the features? — Not a word. Q. Did she lift it? — You are speak- 
 ing of the first occasion. Q. I am speaking of the 8th of March, 
 which I believe was the first occasion ? — Nothing of the kind. 
 Q. Did she lift up her veil for a strong light, so as to have the light 
 come on her features fiill ? — No. Q. After you had talked to them 
 for some time, did Mr. Radcliffe say, ' Are you quite sure you are 
 addressing your two cousins by their right names ?' — No. Q. Did 
 you talk in a sort of broken accent to them ? — I did not. Q. A
 
 ( 703 ) 
 
 sort of little French accent? — I did not. Q. You swear that, will 
 you? — Yes, I swear that: I do not know if I had any accent or not ; 
 I spoke in my natural manner. Q. As you are speaking to me 
 now ? — Yes. Q. No more French about it than there is now ? — 
 No. Q. You did not put on a French accent at all ? — I did not. 
 Q. After Mr. Radclifl'e had said to you, ' Are you quite sure you 
 are speaking to your two cousins by the right names,' did you look 
 at Mrs. ToAvnley and say, ' Ah, I see, you must be Lucy Townley, 
 because you do look older than her, and you must be Katty Rad- 
 cliffe ?'— I certainly did not. Q. There is not a word of that true? 
 —Not a w^ord of it. Q. Did INIr. liadcliffe say, ' Then you do not 
 recollect your cousins ?' And did you say, ' No, I do not recognise 
 them ; they do not recognise me ; we are all so altered ?' — I said 
 nothing of the kind. Q. Did Mrs. Radcliffe then say to you, 
 ' When did we last meet ?' — No. Q. Did you say, * Do you not 
 recollect it was just before I left England'? — I did not. Q. ' When 
 Uncle Edward was so ill ' ? — I did not. Q. Did she ask you if you 
 remembered her horse, and did you say, ' No, I only recollect Uncle 
 Edward's white pony, which used to draw his wheel-chair'? — Good 
 gracious me ! I never said such a thing as that. Q. Nothing like 
 that? — No, nothing like that. Q. Was there no allusion to the 
 time when you and Mrs. Radcliffe had last met ? — No, I think not. 
 None. Q. You think not ? — No ; none. Q. Are you certain ? — 
 Quite certain. Q. Did you say anything about the illness of your 
 Uncle Edward ?— No. Q. Not a word ?— Not a word." 
 
 Then he is asked, " Where is ToAvuley ? — It is in Lancashire. Q. In 
 Lancashire is it?— Yes. Q. Are you sure of that?— Yes, pretty 
 nigh certain. Q. You are pi*etty nearly certain? — Yes. Q. Are 
 you quite certain ? — Quite certain. Q. You will swear it is in 
 Lancashire ?— Well, if it ain't, it must be on a line dividing it 
 from some other county. Q. You AviU swear it is in that part 
 of England? — Yes. Q. You will, really? — Yes. Q. That you 
 pledge your oath to? — That I pledge my oath to." Well, he 
 was right, and I do not know why the Solicitor-General went 
 on worrying him about it. The next is the important question: 
 "When Mrs. Townley came to see you and asked you in what 
 county it was, did you say it was near Bath ? — Certainly not. 
 Q. That you swear? — That I will swear; yes. Q. Did she ask you 
 where Townley was, and did not you say it was near Bath ? — No, 
 certainly not. Q. That is not true ? — Certainly not." Thus you 
 see the defendant is in absolute contradiction with these witnesses. 
 You must judge whether they are telHng the truth, or whether he 
 is. There must be falsehood on the one side or the other. He is 
 then asked to give his own account of what did pass. " You have 
 told me what did not pass ; tell me what did ?" Then he gives this
 
 ( 704 ) 
 
 account : " I was sitting in the front drawino;-room with my mother, 
 Avhen a cab drove to the front, and a lady and gentleman passed 
 through the front garden to the door, and they announced themselves 
 as Mr. and Mrs. liadcliffe ; they were shown into the other drawing- 
 room" — Mr. Radcliffe never said he took in Mrs. Townley as Mrs. 
 liadcliffe, nor was he in cross-examination asked anything about 
 it — " I then opened the folding-doors which divided the two rooms, 
 and my mother and myself were about to enter, Avhen Mr. Radcliffe, 
 in the most rudest manner possible, came and slammed the door in 
 my mother's face, and said, ' You are not wanted here.' That put 
 me in such a state I hardly knew what to do. It had been reported 
 about that I had refused to see people when they came to see me. I did 
 not wish them to go away and say I refused to see them, and I knew 
 my mother would be oftended if I remained with them. However, 
 I decided to remain and speak to them for a few minutes. Conse- 
 quently, when I went in, the lady walked up the room and said, 
 ' How do you do ?' and I said ' How do you do ?' and took her hand. 
 She w^as deeply veiled. I Avas speaking to her a few minutes. It 
 was not a light room. I found, to my great surprise, it was not 
 Mrs. Radcliffe, it Avas Mrs. Townley. I turned round and asked 
 Mr. Radcliffe what he meant by telling me it was Mrs. Radcliffe" — 
 Sir Percival was never asked a question about that, and we are left 
 in ignorance whether Mrs. Townley was announced as Mrs. Rad- 
 cliffe — " He said, 'Mrs. Radcliffe is outside in a cab,' and he Avent 
 and brought her in" — The statement of Sir Percival, confirmed by 
 the others, is that although he rose to fetch his wife, Mrs. Townley 
 slipped down before him and Avent and brought her in. " Q. That 
 is your accoimt? — Yes, and that is the true account. Q. That is the 
 true account ? — I do not hesitate to say that it caused a great deal of 
 unpleasantness between my mother and me that I remained the few 
 minutes I did in their presence. Q. When did you discover this 
 mistake, that you Avere speaking to Mrs. Townley for Mrs. Rad- 
 cliffe? — Before I had been speaking to her a minute and a half or a 
 minute. Q. Then it is quite untrue that the ladies came in together, 
 and you spoke to Mrs. Radcliffe for Mrs. ToAvnley? — Certainly it is. 
 Q. Absolutely untrue? — Absolutely untrue. Q. Did it occur to you, 
 Avithout intending any rudeness to Lady Tichborne, the object being 
 to test Avho you were and the question being Avhether you coidd 
 recognise your cousin, whom Lady Tichborne knew, but perhaps 
 you, if you Avere not the right man, would not know, that Lady 
 
 Tichborne might probably be ?" Then he breaks in before the 
 
 sentence is finished, " Do you think it would occur to you to see your 
 mother insulted by a feUow like that ?" — that is the Avay in which he 
 speaks of Sir Percival Radcliffe — " Do you think it would occur to 
 you to see your mother insidted by a felloAv like that in her OAvn
 
 ( 705 ) 
 
 house, and the door slammed in her face? Q. Answer my question? 
 — No ; it did not occur to me. Q. Did Mr. Radcliffe ask you why 
 you had not been to Lady Doughty? — No, he did not; the only 
 words Mr. Radcliffe said Avere, ' Now here is your cousin Avho knew 
 you, and you can talk about old times you know.' I said, ' What 
 happened between her and me in old times is sacred, and will never 
 come to you.' Q. That you said to Mr. Radcliffe ? — Yes, and that 
 is all Mr. Radcliffe said to me." Now that is positively contradicted 
 by Mr. Radcliffe in that part of his cross-examination which I called 
 attention to ; and I declare, if I were a friend of the defendant's, I do 
 not know which alternative I should prefer — that he should be thought 
 guilty of perjury in stating that that language had been used by him, 
 when it had not, or that he should have used that language to Sir 
 Percival Radcliffe. What should you think of a man who, having 
 had, if he ever had, illicit relations with a lady, and who under those 
 circumstances would be bound by every feeling of honour that ought 
 to animate a man to protect her reputation against the world, but 
 above all to take care that so far as he was concerned not a breath 
 shoidd reach the husband of what had passed between him and the 
 lady — shoidd use language to the husband which necessarily and un- 
 avoidably implied that he had had relations wath that lady before her 
 marriage, which must engender in her husband's mind a feeling 
 relating to her and towards her which would for ever destroy his 
 happiness and hers ? Because language like that could have but one 
 meaning ; " What happened between her and me in old times is sacred, 
 and will never come to you." If it was anything consistent with her 
 honour, there was no reason it should not become knoAvn to the hus- 
 band ; but if it was something which necessarily implied that which 
 was dishonourable to her, and which must go to shake the hvisband's 
 belief in her virtue, can you conceive a man using language which 
 implied anything of that nature to the husband himself? I hope it 
 did not pass ; because if it did it implies a baseness, a vileness, an 
 absence of every honourable feeling, of every feeling Avhich ought to 
 animate a man, to an extent compared with which — with the single 
 exception of the charge made by him against Lady Radcliffe, if that 
 charge should eventually prove to be untrue — it Avoidd be difficult 
 indeed to find a parallel. You will believe him or not, as you think 
 right. 
 
 The Solicitor-General further asks : " Did you not tell him you 
 were advised by your laAvyers to hold your tongue on the subject 
 of South America, and at a future time you would satisfy him ? — 
 I did not tell him anything of the kind. Q. Did you say to him at 
 parting, he being the last person in the room, ' Tell Katty I have 
 still got the little black crucifix that she gave me, and that she knows 
 of?' — I did not ; it did not happen to be a black one, it was a Avhite 
 
 z z
 
 ( 706 ) 
 
 one. Q. Did you say that to Mr. RadclifFe ? — I did not. Q. Did 
 he say that he woiild ? — I tell you I never spoke to the fellow at all.'' 
 That is the style in which he speaks of Sir Percival Radcliffe. It 
 would not have been worth while to observe u]>on this rvideness if 
 the learned counsel had not so strongly asserted that in the cross- 
 examination of the defendant you would find sparks of the mind of 
 a orentleman and a man of education and honour breaking out here 
 and there, and that upon the Avhole you Avould, as the result of the 
 cross-examination, be satisfied that his client was a man of high, lofty, 
 and generous sentiments such as should animate the breast and 
 regulate the conduct and demeanour of a man moving in Roger 
 Tichborne's position and rank in life. It becomes, therefore, neces- 
 sary that, in addition to the instances which the learned counsel 
 relies on, those also should be noticed in which something breaks 
 out which is inconsistent with the character he thus seeks to claim 
 for his client. When a man, supposed to be a gentleman, speaks 
 of another of equal rank with himself, and entitled, as everybody 
 is, to be spoken of in terms of respect, in low and coarse language ; 
 when he talks of a man like Sir Percival Radcliffe, because Sir Per- 
 cival disbelieves in him, and denounces the man who comes forward 
 to charge his Avife with want of chastity and virtue as an impostor, 
 as a " fellow," and, as you will find a little further on, says he Avould 
 have inflicted personal chastisement upon him if he had not been pro- 
 tected by the presence of ladies — language of that sort, by a person 
 placed in the circumstances of the defendant, certainly appears any- 
 thing but consistent with the character for high bearing and generous 
 sentiment which the learned coimsel claims for him. Of that, however, 
 you are the judges. The great point which the defendant has made 
 Avith resrard to this interview has been that there was rudeness exhi- 
 bited by Sir Percival Radcliffe towards his mother ; which so agitated 
 and excited him that he was not at all in a proper frame of mind to 
 enter on the conversation, or to answer any questions which they put 
 to him. Sir Percival Radcliffe, however, totally denies the defen- 
 dant's version of it; the way he explains it is this: — They went there 
 for the purpose of seeing the defendant, and of testing him, to see 
 whether, either fi-om his personal appearance, or from the answers 
 he might make to such questions as they should put to him, they 
 could draw an inference satisfactory to themselves as to Avhether 
 he was Roger or not. When he came into the room he left the 
 door open, and it occurred to Sir Percival as possible that some 
 one might be in the next room, and that Lady Tichborne might 
 make her appearance. They certainly did not wish for her pre- 
 sence, because she might have frustrated the object they had in 
 view, by interposing in the conversation, and giving assistance to the 
 defendant on any points on Avliich he might be at a loss; for, of 
 course, she knew a great deal, and would be able to suggest answers
 
 ( 707 ) 
 
 to the questions they put. When Sir Percival saw the door open he 
 got up and shut it. He positively denies that Lady Tichborne was 
 coming into the room at the time, or that he knew she desired to come. 
 He says something of this sort passed. The defendant asked, " Would 
 you like to see mamma ?" and the answer was, " No, we have come 
 here to see you, and we would rather see you alone." There was, no 
 doubt, a reiixsal by Sir Percival to see the mother, as they did not 
 wish that she should be present while the conversation was going on ; 
 but he denies that he saw her, or that she was attempting to come 
 into the room, still less that there was the slightest personal rudeness 
 or incivility offered her, or anything of the sort ; he merely shut to 
 the door, that what passed might not be heard outside, and that 
 nobody might come in without their being aware of it. Out of this, 
 great cause of complaint was raised by the defendant, as you will see. 
 The defendant was further asked whether, in the conversation 
 which took place, Mr. Radcliffe did not ask hoAv it was he had not 
 been to see Lady Doughty — how it was that after all the kindness 
 and affection she had shown towards him he had never written to her 
 after the shipT\'reck, or been to see her since his return to England, 
 and he denies it — as also whether Mr. Radcliffe did not sav he had 
 shown great ingratitude to her in retiu'n for Sir Edward's disposition 
 of the property, and whether he did not say on that, " I made that 
 all right in Paris," and he denies both. He says there was no such 
 conversation : " I said nothing of the kind ; he never spoke about it ; 
 the only Avords he spoke were when I tell you he came in, and what 
 he said when Mrs. Radcliffe came in ; that interview did not last 
 seven minutes altogether. Q. Did you speak of Lady Doughty, 
 throughout the interview, as Lady Doughty? — I do not know I 
 spoke of her at all ; I do not remember doing so. Q. I asked you 
 whether you spoke of her ? — How can I tell ? I was in such a state 
 of mind I do not know what I said. Q. You were in such a state of 
 mind you do not know w4iat you said ? — Yes ; I do not remember 
 what the conversation was. Q. You cannot say whether you spoke 
 of her a good deal throughout the interAdew, called her Lady 
 Doughty, and called Sir Edward, Uncle Edward ? — I do not think 
 we spoke of them at all ; if we did, it Avas but a passing remark. 
 Q. It was very little ? — It was but a passing remark. Q. Did you 
 repeatedly, in answer to questions Mr. RadcHffe put to you — ?" — 
 then he interposes, and says, " I told you, I say he never put any 
 questions to me — Q. That ' your lawyers would not let you speak, or 
 that they advised you not to speak on such subjects' ? — What subjects? 
 Q. Upon such subjects as he was asking you about ? — Certainly not; 
 he never asked me about any subject whatever. Q. Did you tell 
 him you had got the captain and several of the sailors who were 
 saved with you in the 'Bella'? — No, I did not. Q. Then, did 
 
 z z 2
 
 ( 708 ) 
 
 ]\'[r. Radcliife ask jou to relate some of your adventures in South 
 America to them? — He did, and I refused to do it. Q. Did you 
 give any reason ? — Did I give any reason ? Q. Did you give Mr. 
 liadcliffe any reason for refusing to tell him any of your adventiu'es 
 in South America ? — Yes ; I told him his conduct too much agitated 
 me to speak on such subjects. What ?" says the Lord Chief Jus- 
 tice. — "The Solicitor-General: 'Ao-itated'? — The AVitness: 
 'Irritated.' Mr. Serjt. Ballantine : Did you say 'agitated' or 
 ' irritated' ?— Agitated." 
 
 Such is the evidence relating to this interview, and it certainly 
 forms one of the important chapters in the history of this case. If 
 you bring your minds to believe that the defendant had foil oppor- 
 tunity of distinguishing between his two cousins, and either at the 
 outset made the mistake as to their identity, or after he had an 
 opportunity of seeing both their faces, continued in his error, and 
 still remained under the delusion that the one person was the other, 
 and vice versa, then I do not know any circumstance in the case 
 which coidd be more adverse to the defendant ; for, as I have said, I 
 do not believe it possible that Roger could have made such a mistake 
 so long as " memory held its own." I cannot conceive it possible 
 that he could have forgotten the lineaments of Kate Doughty ; and 
 I feel also the full force of the observation which your foreman made, 
 that he would not have forgotten the voice, but it would at once, 
 when it fell on his ear, have caused his whole frame to thrill with 
 emotion, as being the voice of the woman he had loved, whom he 
 had hoped for many a day to make his wife, and of whom there 
 cannot be the slightest doubt he entertained a fond remembrance 
 Avhen separated from her by the wide ocean. There are other parts 
 of the conversation which are not so important, but still are impor- 
 tant with reference to the knowledge Avhich Roger might be expected 
 to have of the incidents of the past. The defendant and the three 
 witnesses are directly at issue ; you must judge between them. We 
 are going on, step by step, and as we progressively advance through 
 this history we are accumulating contradictions, which must lead us 
 eventually to the painful alternative that either a multitude of 
 witnesses are perjured, or that the defendant is. On which side the 
 peijury lies it is your province, not mine, to determine. 
 
 We have now entered on the month of March — that interview was 
 on the 8th — and I find just about this time a letter written by the 
 defendant to Sir Talbot Constable, dated " Essex Lodge, Thornton 
 Heath, Croydon, 9/3/67." The date is marked as before by figvires. 
 " My Dear Talbot With great pleasure I receved yoiu- kind letter 
 last night I am very sorry to hear you have been ill I have not been 
 very well myself for this last ten days I had Radcliffe and Katty 
 and Lucy townley" — written Avith a small " t" — " here to see me
 
 ( 709 ) 
 
 yesterday the meeting was not as agreeable as I should have wished 
 it. because they would not see Mamma." — There is here no com- 
 plaint of the kind made by him on his cross-examination ; no 
 complaint of rudeness, but simply that they would not see his 
 Mamma — " You must know how I must have felt, but what Could 
 I do. If i had not seen them, they Avould have gone and said I was 
 frighten to sheAv myself, and it was my SoF Avish for me not to deny 
 myself I wish my dear Talbot you would come and spend a fue days 
 with me. my House is not very large, but we will find plenty of room 
 for you. I expect to be able to go to Upton before long. Col. 
 Lushino;ton who lives at Tichborne has been so kind to me. that I 
 really cannot turn him out. he offered to give up the House to me 
 the first time I went to Alresford where every one seemed against 
 me. But since my brother officers have been to see me everybody 
 seems to change Now they all Avant to be my friends. But I say no. 
 I do not Avant them. What right had they to Avrite such things about 
 me as they did. they reply that they Avare told it Avas not me. but 
 then they had no right to judge before they see me. they all say they 
 are sorry for what been done. But that does not alter the impressions 
 that those scandalious parapraphs have made on the minds of the 
 public against me. I have already entered actions against some of 
 them, and they do not seem to like it. I hope my dear Talbot to 
 have many a good Hunt Avith you yet. I hope you Avill remember me 
 to yoiu' father, who I hope to have the pleasure of seeing before long. 
 Of course I have seen a great many things since I have been aAvay. 
 that we can talk of Avhen Ave meet. Mamma tells me that you are 
 now Married So Ave shall both have the pleasure of introducing one 
 others wifes. I must noAv conclude for you knoAv I am not very fond 
 of writing Mamma is very thankful for your kind letter I am sorry to 
 hear that you have given up smokeing, for my part I have given up 
 buying retail, for I have to buy Wholesale noAv. but the D'- have put 
 me on short alloAvance lately they only alloAv me twenty a day noAv. 
 But I take care to get largest Cigars I can. This is the Longest letter 
 I have Avrote this ten years. So I shall noAv say good bye for the 
 present." Then comes a letter Avhich, otherwise unimportant, is in 
 respect of the spelling of one particular word a curiosity: " Dear Rous, 
 I am sorry to say I am not well anuff"— spelt "a-n-u-f-f " — " to come 
 doAvn this week. I have only been out of the House once since this day 
 week and I am not likely to get out for several days. I Avill AA'rite you to 
 morroAV full particulars five minutes to post." Now in these letters of 
 the defendant there are a great many mistakes of grammar and spelling 
 which cannot fail to create a smile. It Avould be certainly, so far as my 
 feeling is concerned, a very kindly and good-humoured smile if it in- 
 volved nothing beyond the want of orthographical knoAvledge. I do not 
 think one is entitled to sneer at a man because he has not had the same 
 educational advantages as oneself. If you receive a letter from one in
 
 ( no ) 
 
 the humbler station of life, who has had no better education than a 
 village school can give, you read his letter with a kindly feeling ; you 
 may smile at his mistakes, but you do not sneer at them. The only 
 importance of it here is — and it is for that reason I point it out — that, 
 although you find many mistakes of spelling, grammar, and composition 
 in Roger Tichborne's letters, they are of a totally different character. 
 They convey to the mind the impression that they are the mistakes 
 of a man who has imperfectly learned a language which was not the 
 language of his infancy and childhood, and who makes mistakes of 
 grammar and idiomatic construction from that cause. They are not 
 mistakes arising from original want of education, or rather from an 
 education in an humble sphere of life. Whereas the defendant's 
 mistakes are such as arise from a totally defective and imperfect 
 education, unless, indeed, you can give it another explanation. I 
 have more than once observed — and I shall have to do so again with 
 reference to the handwriting — that if you take the defendant's 
 letters and compare them wath the letters of Roger, whether in point 
 of spelling, of grammar, of composition, of style, or in respect of 
 the flow of language — if these two sets of correspondence were placed 
 in juxtaposition as having been w^ritten by the same man, within 
 anything like a short period of time, you would say at once that it 
 was impossible, utterly impossible, that the letters could be those 
 of one and the same man. The only suggestion that can be offered 
 is that during the life he led in Australia for a considerable number 
 of years, the persons in whose society he was thrown, being, like 
 himself, persons of defective education, he has adopted their manner, 
 their mode of writing, their style and manner of composition. 
 Therefore, when passing along these letters, if I point out to you 
 those mistakes, it Avill be, not at all with the vicAv of creating a laugh 
 at the expense of the defendant, but as a matter deserving of obser- 
 vation with reference to the identity of the two persons. 
 
 Gentlemen, the result of this first inter^dew at CroA don was not the 
 same on the minds of all the persons who had been present. Mrs. 
 Townley was perfectly satisfied that it was not Roger, and Sir Percival 
 Radcliffe appears to have been very much of the same Avay of thinking ; 
 but not having had the same intimate knowledge of Roger, never 
 having met him but once before, when at Burton Constable at the 
 commencement of 1847 or 1848, he did not think himself Avarran ted 
 in coming at once to a decision. When asked Avhether at that 
 intervicAv he had formed an opinion as to Avhether the defendant Avas 
 Roger or not, he says — " My notion at that time Avas that my 
 recollection of Roger Tichborne's countenance Avas not siifficient to 
 have led me to giA-e a decided opinion, Avhether he might be changed 
 to what this man was ; but there was nothing in my recollection of 
 Avhat Roger Avas about him, and also I thought the ansAvers he made 
 were extremely extraordinary." Lady Radcliffe seems to have been
 
 ( 711 ) 
 
 unwilling to decide without further inquiry. The thing tluit struck 
 her was, that there Avas something about the voice or the accent, 
 which she thought reminded her of Roger. I will give it to you in 
 her OAvn words. — " Before you left was anything said about another 
 interview ? — I am not sure whether it was said to him or not ; we 
 talked about it among ourselves. Q. You had an object, I believe, 
 in having another interview ? — Yes ; it was after Ave Avent out. Q. I 
 must not ask you AAdiat took place after you AAent out ? — We AA^ere 
 very anxious : I think we said to him, Ave Avished him to come and 
 see my mother. Q. You had no other intervieAv Avith him until you 
 saw him in court at the last trial ? — No, I missed the train on the 
 second occasion. Q. You Avere to have gone doAvn on another occa- 
 sion, but missed the train and did not see him ? — Yes. Q. You saAV 
 him frequently during the trial? — Yes, every day during the first 
 part of the trial. Q. At the close of your intervicAv — that is after 
 having had an intervicAv Avith him, and heard him speak, and what 
 he had to say, and hearing his A^oice — did you come to a conclusion 
 as to AA^ho it Avas, AA-hether it AA'as Roger Tichborne or not ?" She 
 gives this as the state of her mind — " I felt quite sure it Avas not ; 
 but, at the same time, I was unwilling to decide hastily ; his voice 
 rather deceiA^ed me. Q. You say he spoke wdth an accent? — He 
 spoke Avith a French sort of A'oice. Q. Still you say you felt sm-e it 
 Avas not ? — No." Then Dr. Kenealy interposes — " I did not hear her 
 say that." Then Mr. HaAA^kins asks her — " You afterAvards heard 
 him examined in court ? — Yes. Q. And heard him examined on a 
 great many days ? — Yes. Q. And you had then the fullest oppor- 
 tunity, not only of observing his features, but of hearing his voice and 
 his accent? — Yes, it AA^as quite different then. Q. You had an 
 opportunity of hearing that, and hearing him speak for a long Avhile ; 
 Avas his accent in court the same as the accent you had heard ? — No, 
 quite different. Q. Had his accent, Avhen you heard him in court, 
 any trace of broken English? — Oh, no. Q. After liaA^ng seen him 
 and heard him in court during the time you have mentioned, did you 
 then come to a positiA-e absolute conclusion as to aa'Iio he was, or was 
 not ? — Yes ; I was convinced he Avas not, because he kncAv nothing ; 
 
 he could answer nothing ; but at the same time I did not aa^sIi " 
 
 Then she is interrupted before she has finished the sentence — " I am 
 speaking after the whole opportunity you had, did you then come to 
 a decided opinion on the matter ? — Yes, I AAas quite decided. 
 Q. Then, is that Roger Charles Tichborne, the defendant? — 
 Certainly not. Q. When you saAv him in court, Avas there anything 
 about him then in the least degree like Roger Tichborne, Avhen you 
 had a ftill opportunity of seeing him ? — Not the least Avhen I saw him 
 in court." This seems, at all events, to have been the result of this 
 first intervicAv, that she Avas not to her internal conviction thoroughly
 
 ( 712 ) 
 
 satisfied, and desired another intervieAv, wliicli, of course, her husband 
 was perfectly willing should take place ; and the then Mr. — noAv Sir 
 Percival— RadclifFe wrote this letter to ]\Ir. Holmes,—" March 8th. 
 Dear Sir, Mrs. Townley, Mrs. RadclifFe, and myself went down this 
 afternoon to see your client. We regret to say that Ave do not feel 
 satisfied Avith our interview ; we should require some further conver- 
 sation before we could really be quite certain that he is the Roger 
 Tichborne we formerly knew. We tried to inspire confidence, but 
 apparently failed in inspiring him Avith the same. Unfortunately, 
 the train compelled us to curtail our visit, therefore, avc think that 
 for all parties it AA'oitld be much more satisfactory if he would kindly 
 meet us at our hotel on Sunday next, and you Avill oblige me by 
 giving me an ansAver to-morrow (Saturday) by as early a post as 
 possible, and name the hour." Mr. Holmes replies the next day — 
 " Dear Sir, I am glad that you and Mrs. Radcliffe Avith Mrs. ToAvnley 
 saw Sir Roger Tichborne yesterday at Essex Lodge. The more he 
 sees of his relations, the sooner I am comdnced Avill a satisfactory 
 ending be put to their doubts and uncertainties. But he tells me 
 that it AA^as most painful to him your declining to see his mamma. I 
 shall not see Sir Roger until this evening, and therefore cannot say 
 Avhether your appointment for Sunday Avill suit him. I am sure that 
 personally he will be happy to meet you. I Avill Avrite you again to- 
 night if the post serves." There, again, I must observe that the 
 utmost extent to Avhich the complaint goes is that they declined to 
 see the "mamma;" not that they had been guilty of any rudeness 
 towards her. On the 10th of INIarch, Mr. Holmes Avrites again, 
 " Dear Sir, I shoAved Sir Roger Tichborne your letter of the 8th 
 instant, last night. He desires me to say he Avould most Avillingly 
 go to your hotel, and see you and his cousins as you Avish, but he 
 feels he ought not to go so far Avithout his doctor's advice. He Avas 
 not out of the house yesterday, and is advised to be very careful of 
 his health during this trying Aveather. I assure you that Sir Roger 
 is placed in a most painful position by your refusing to see his mamma. 
 It is entirely OAving to her solicitude and exertions that he had heard 
 of his father's death, and is noAv back in England. You may, there- 
 fore, judge AA'hat a pang it gave him to find her so treated, although 
 she was in the house ready to receive you. She is natiu-ally angry 
 that her son did not adopt a similar course. I do sincerely hope that 
 whatever family differences exist, they may be reconciled, and the 
 plain truth be brought out. To help so far as I can an end so desir- 
 able for this ancient family, I propose that Lady Doughty, Sir Roger's 
 cousins, and myself, shall meet him at my house, Avhich shall 
 be freely placed at your disposal for the purpose, Avhenever you 
 please to appoint. Sir Roger tells me that he Avill be most happy 
 to see his Aunt Doughty there, or to call upon and thank her for
 
 ( 713 ) 
 
 her past kindness, as soon as he is quite well, and also at j-our hotel 
 if you are in town. Be good enough to fully understand that 
 I shall not be present at any interview which may take place." 
 I cannot quite understand that, because what Mr. Holmes proposed 
 to him before was, that Lady Doughty, Sir lioger's cousins, and 
 " myself should meet" — unless the word myself is a mistake for 
 "yourself" — He continues, "In order that you may not be incon- 
 venienced by not seeing him to-day. Sir Roger enables me to send 
 you this note by Thomas Carter, Avho was his groom during the 
 last fifteen months he Avas in England. You are quite at liberty to 
 ask Carter any questions you think proper." In pursuance of this, 
 after some fiu'ther correspondence, a meeting took place between the 
 defendant, his Aunt, Mrs. Nangle, and her daughter, Mr. Radcliffe, 
 and Mrs. Townley, at the residence of Mr. Holmes at Croydon, on 
 the 12th of March. Sir Percival Radcliffe and Mrs. ToAvnley, and 
 not Lady Doughty, but Mrs. and Miss Nangle, Avent doAvn in the 
 afternoon of that day ; Lady Radcliffe was to haA^e met them at the 
 station ; she had some engagement in toAvn Avhich detained her — as 
 sometimes Avill happen — somcAvhat longer than she anticipated ; and 
 Avhen she got to the station she found the train had gone, con- 
 sequently she Avas not one of the party. When the party got doAvn 
 to Croydon Sir Percival deposited the ladies at Mr. Holmes's — Mr. 
 Holmes was not there, and they Avere received by Mrs. Holmes — and 
 started in a cab to go to the residence of the defendant to fetch him. 
 The defendant got into the cab ; and then Sir Percival tells us A\'hat 
 passed as they Avere going from the defendant's house to Mr. Holmes's. 
 " Q. Did you, as you Avent along, have some conversation Avith him ? — 
 Yes, he entered into conversation Avith me ; I did not Avish to enter 
 into conversation Avith him, but he forced a conA^ersation upon me. 
 Q. Do you remember AA^hat that conversation Avas ? — Yes, I do very 
 clearly. Q. Tell us then Avhat passed? — The first thing he said to 
 me Avas, ' Have Ave ever met before ?' or some such remark as that ; 
 and I said to him, ' You told me before you had never met me : As 
 you do not recollect seeing me, I shall say nothing about it.' Then 
 he went on to speak about Burton Constable and Talbot Constable, 
 and I said to him, ' Where did you knoAV Talbot Constable ?' and he 
 said, ' I have knoAvn him at Burton Constable, at Pai'is, and other 
 places ;' and he said, ' I gaA^e Talbot Constable a black horse.' I 
 said, ' You gave Talbot Constable a black horse ? I never heard of 
 it.' And he said, ' Well, perhaps it Avas a broAvn horse.' The next 
 observation I made Avas, ' Where did you buy it ?' — ' Oh,' he said, ' I 
 bought it from one of the farmers.' Then I said, ' What Avas the 
 name of the farmer?' — ' His name Avas Lambert,' he said. Then all 
 of a sudden it flashed on my mind the incident that occurred at 
 Burton Constable. I gave a black horse to Talbot Constable, and I
 
 ( '14 ) 
 
 also bought a liorse from Lambert, but the horse I gave to Talbot 
 Constable was not the horse I bought from Lambert, but altogether 
 a different one. Q. As far as you kneAv, he had never given a horse 
 to him ? — I had never heard of Roger doing it, and made myself 
 sure. The Lord Chief Justice : Do I understand you did it 
 yourself? — I did it myself, and it occurred to me immediately — this 
 is a most suspicious thing ; this man is mistaking myself for Roger 
 Tichborne ; it occurred to me instantly. Mr. Serjt. Parry : You 
 youi'self had given a horse to him? — I had given a horse to Talbot 
 Constable. I gave a little black horse to him. Q. You had bought 
 that same horse of Lambert, although you had another? — I had 
 bought another from Lambert. I made further inquiries upon this 
 matter afterwards ; I do not know Avhether you will have it. The 
 Lord Chief Justice : No, we cannot." 
 
 Mrs. Xangle gives us an account of what passed after the defendant 
 came in. " Do you remember when he entered how you were 
 sitting ? — I was sitting in a little corner by the fire-place, quite away 
 fi-om the light. Q. Did you notice the defendant as he entered the 
 room? — When he came into the room I so little thoug-ht it was 
 iloger that I thought it was a servant coming to make up the fire. 
 Q. You saw in him no trace of Roger ? — Xot the least. Q. After 
 that, Avhat Avas the first thing that occurred that you remember ? Did 
 Mr. RadclifFe make an observation ? — Yes, Mr. Radcliffe said to the 
 defendant, ' Do you know this lady ?' and he replied in a sort of 
 broken English way, ' There are so many veils.' Q. You were veiled 
 at that time ? — I was veiled. Q. Was your veil down ? — Yes. 
 Mr. Hawkixs : What did you do upon that ? — I got up, took my 
 veil off, and stood in front of the -vAandow so that the light could come 
 right upon my face. I asked him if he kncAV me, but received no 
 answer." 
 
 Mrs. Townley says, " 1 remember perfectly well what took place. 
 He did not know my aunt Mrs. Nangle or Miss Nangle. Q. Do 
 you remember them lifting their veils up ? — Yes, I remember my 
 aunt pulling off her veil ; she completely pulled off her veil and said, 
 ' Now look at me and see who I am ?' Q. Was that in full broad 
 daylight ? — Quite in broad daylight ; and she turned towards the 
 window. Q. What did he say or do ? — He seemed very much con- 
 fused, and I thought he took her for Mrs. PloAvden. Q. You are 
 not quite sure ? — No ; I am almost positive he took her for Mrs. 
 Plowden. Q. That is your memory ? — Yes. Q. He did not know 
 her ? — Not the least in the world." 
 
 Then Sir Percival is asked, " The defendant came in, Avhat did he 
 do ? — I first of all said to him, ' Do you know that lady ?' (pointing 
 to Mrs. Nangle)." Then a question is put in contradiction of the 
 defendant. " Did you say that in a peremptory and rude manner, or
 
 ( ri.5 ) 
 
 anything of the kind ? — Oh, dear, no, nothing of the kind : I said 
 just as I say now : ' Do you know that lady ?' as well as I can recollect 
 they were the words I used. He made no answer at all, I think. I 
 think then Mrs. Nangle came forward straight up to him — she had 
 her veil down before, and she threw her veil up and came and stood 
 straight in front of him, quite near him, and said to him, ' Do you 
 know me now ?' He looked staggered and shook his head, and I do 
 not know what he said. Immediately afterwards Miss Nangle got 
 up and said, ' Do you know me ?' and I think Mrs. Nangle then 
 said to her in French, ' Speak to him in French.' Q. Before she 
 said that, did the defendant answer anything, or merely shake his 
 head ? — I cannot be quite certain about it. My conviction is that he 
 did not answer anything. He seemed puzzled. It was exactly like 
 a person who saw people that he had never seen before. That Avas 
 the impression on my mind at any rate. Then she spoke to him in 
 French." Then Sir Percival says that, turning to Miss Nangle, he 
 asked the defendant if he knew her, but he received no answer. 
 Then Mrs. Nangle tells her daughter to speak to him in French, and 
 she thereupon asked him if he spoke French, to which he ansAvered, 
 " Non, madame." Miss Nangle continuing to speak to him in French, 
 he exclaims, " This is not in the contract," and pvits an end to the in- 
 terview. The scene Avas described very graphically indeed by that 
 smart and clever young lady. Miss Nangle, Avhom you recollect no 
 doubt. " Tell us as nearly as you can recollect in your OAvn way 
 what occurred ; what did the defendant do or say, or any of you to 
 him ? — He looked A^ery much afraid. He looked all round, especially 
 at my mother, Avho Avas sitting in an angle of the room. My next 
 feeling was a sort of uncontrollable laughter; hoAvever, I did not 
 laugh. It was because it AA'as so ridiculous, five people in the room, 
 not one saying a word, looking at each other; then Mr. Radcliffe 
 came forward and said, in the most courteous manner, to the claimant, 
 pointing to my mother, ' Do you knoAv this lady ?' Q. Are you quite 
 sure that he said that in a courteous and gentlemanly manner ? — Oh, 
 I am certain of it, most courteous. Q. Not in a peremptory or 
 harsh tone ? — No, indeed not ; then he said in a sort of put-on French 
 accent, ' There are so many A-eils.' She Avas veiled. Then, after 
 that he said, ' Do you knoAv me ?' I believe it came in this order : — 
 The Lord Chief Justice : Did your mother keep her veils down ? 
 — I think she sat quite still a minute, and then he said, ' Do you 
 know me ?' and she said, ' Not for Avhat you represent yourself to 
 be ;' and then she started off her chair, pulled off both her A^eils, 
 turned round and faced the light, and then said, ' Look at me and 
 tell me Avho I am,' and then he looked dreadfully fi'ightened. * Oh,' 
 he said, ' I don't knoAV, I don't knoAv,' like that, in a frightened way. 
 Mr. Serjt. Parry : With a sort of French accent ? — Oh, yes ; that
 
 ( 716 ) 
 
 was put on, you know. After that he could not make any sort of guess as 
 to who she was, and then I went forward. I had a thin spotted veil on, 
 which I of course threw up ; it would have been dishonourable if I had 
 not done so ; and then I faced the light, and said, ' Look at me, and 
 tell me who I am.' He could not make that out at all. Q. He could 
 not make out who you were? — Not in the least. Q. What did he 
 say or do, or what Avas his manner? — He kept backing, and said, 
 ' I don't know, I don't know,' like that. Q. Backing from you? — 
 Yes, he seemed afraid of me. Q. Were you advancing to him ? 
 — Oh, dear no; I was quite close enough. Q. Do you remember 
 the next incident? — I was standing with my back to my mother, 
 and was looking at him, and then she whispered to me, ' Speak 
 French to him,' and so then I began. I always spoke French to 
 Roger, and I thought the best thing to do to test him was to ask 
 him, ' You speak French, do you not?' Q. What did he say to 
 that? — He said, ' Non, madame,' in a most atrocious accent, I thought 
 it myself. Q. He said, ' Non, madame ' ? — ' Oui,' — that was quite a 
 mistake, as he did not know French. Q. He said, ' Oui, madame ' ? 
 — Yes. Q. You are quite certain of it? — Yes. I did not mind that; 
 but I went on and said, in French, ' Well, let us speak French, as 
 we ahvays used to do in Paris, and tell me something of past times.' 
 Q. You said all this to him in the French language? — Yes; and 
 then he evidently did not understand a single Avord I uttered, and I 
 thought it perfectly useless to go on. Mr. Justice Mellor : Did 
 he make no reply to it at all? — No, not a word. He looked more 
 and more frightened. After that we both said in French, ' How is it 
 you do not speak French ?' Then he turned round, dreadfully angry, 
 towards Mr. RadclifFe, and said, ' This is not in the contract.' 
 Furious he Avas. Mr. Serjt. Parry : In Avhat accent did he say 
 that? — Oh, that Avas quite English. And then Mrs. ToAvnley, rising 
 to go, said, ' I think it much better that you should distinctly under- 
 stand that I am convinced you are not my cousin Roger Tichborne ; 
 and I shall be obliged to inform my family that I consider you an 
 impostor.'" Sir Percival says: " After Mrs. ToAvnley had spoken — 
 that is, after Mrs. ToAvnley had said that he Avas an impostor — 
 I said, ' And I do not believe you to be Roger Tichborne, because 
 you stated to me facts in the cab which never did occur.' I may 
 have also said, ' facts Avhich occurred to myself:' I do not knoAv; 
 but I said, ' You have stated to me facts in the cab which never did 
 occur.' Then he came toAvards me as if he Avas going to strike me ; 
 he came right up at me in this way (describing the manner of it). I 
 stood perfectly still, in amazement — that sort of way. He thought 
 better of it, and rushed out of the room, rushed across the passage, 
 and locked himself in a room ; I rushed after him, but he had locked 
 the door before I arrived." That is quite borne out by the ladies.
 
 ( 717 ) 
 
 especially by Miss Nangle, who says that the defendant went up in 
 a menacing way towards Sir Percival, as if to commit an assault upon 
 him ; but, however, fortunately he stopped short of that. 
 
 Now this is the defendant's account of this interview. He is asked, 
 " Did you in the cab introduce the conversation, and mention to 
 Mr. Radcliffe that you had known Talbot Constable very well ? — Yes. 
 Q. Did he ask you where you had known him, and did you say at 
 Burton Constable and elscAvhere? — Yes, very probably I did; I do 
 not remember the conversation, but that is what I should have 
 answered. Q. I do not ask the words, but is that the purport? — 
 That is true, and therefore I should imagine it is what I said. 
 Q. Did Mr. RadclifFe ask you to mention some other place besides 
 Burton Constable where you had seen Sir Talbot? — He did not. 
 Q. Did he ask you how long you had stayed at Burton Constable 
 when you were there? — I do not remember him doing so. Q. Did 
 you say six weeks ? — That would have been about correct. Q. Did 
 you say to him, *Did I know you there?' meaning Mr. Kadcliffe? — 
 No, but he told me he was there, and I told him I did not believe 
 him. Q. Did he say, ' You do not remember me, and cannot tell 
 me anything about it ? ' — He told me he was there at the time, and 
 I looked to him, and said, ' Well, if you was, I never saw you there.' 
 Q. That is the truth, is it?— That is the truth. Q. Do you mean 
 that you Avere there, and he Avas not? — I mean he Avas not there 
 during the time I was there, or otherAvise I never saAV him, and it is 
 a strange thing that several other people Avho Avere there do not 
 remember him" — Now Sir Percival says he had passed a fortnight 
 at Burton Constable at the time Koger came there on a visit from 
 Stonyhurst, and that they had actually taken a part in a play 
 together, acting the part, if I remember rightly, of tAvo French 
 students — The cross-examination goes on : " Now, Avhen you came 
 to Mr. Holmes's Avere you shoAvn into a room, or did you go into a 
 room and find some ladies there ? — I did. Q. \yas Mrs. Nangle — 
 she Avould be your aunt, Avould not she ? — Yes. Q. Was Mrs. Nangle 
 sitting Avith her back to the AvindoAA^, and her veil doAvn? — Yes, tAvo 
 or tlu-ee veils, I think, by the look of them. Q. And Miss Nangle 
 was there, Avas she? — Yes. Q. And Mrs. ToAvnley? — And Mrs. 
 ToAvnley. Q. Noav, did Mr. RadclifFe say, ' Do not you knoAV that 
 lady?' pointing to Mrs. Nangle. — No, he did not; that was not his 
 Avords. Q. To that effect? — There is a great deal in the effect of 
 Avords, you knoAv. Q. I do not ask you, and I do not care what 
 language : did he ask you if you kncAV that person ? — No ; he said, 
 speaking in a loud and peremptory tone, ' Now^, sir, Avho is that 
 lady in that chair?' Just like that. Q. Did you say, looking at 
 Mrs. Nangle, 'Do you knoAv me? Who am I?' — No, I did not: 
 I said, ' Considering I cannot see that lady, hoAv can I tell Avho she
 
 ( T18 ) 
 
 is?' Q. Did Mrs. Nangle say, 'I do not know you, certainly, for 
 what you represent yourself to be?' — Mrs. Nangle never said any- 
 thing of the kind. Q. And did you then say, ' There are so many 
 veils on?' — No; I immediately said, ' How can I tell, considering 
 I cannot see her face.' Q. Did Mrs. Nangle then turn up her veil 
 or veils (I will not struggle Avitli you as to whether there was one or 
 more), and walk up to you? — Certainly not. Q. And face the light, 
 and say, ' Now, now look at me, and tell me who I am?' — Certainly 
 not ; she never rose from her chair at all. Q. Never mind 
 about that — But she would have to do so before she could walk. 
 Q. Did she lift her veil up? — She did at my request. Q. And say, 
 ' Now look at me, and tell me Avho I am ?' — No, she did not. 
 Q. And did you say, ' I do not know, I do not knoAv, I do not know, 
 tAvo or three times over? — I said nothing of the kind. Q. Did you 
 say anything ? — I did, a good deal ; I was told by Mr. Radcliffe, 
 when I was going there, that I was going to see Lady Doughty and 
 my cousin Katharine. When I got there, I found a person crouched 
 down in the chair, trying to make herself as low as she possibly coidd, 
 and very thickly veiled. Mr. Radcliffe said, ' Who is the person in 
 the chair?' and I said, ' IIow can I tell when I cannot see her face?' 
 She raised her veil at my request, and I said, ' How dare you tell me 
 that I came here to meet Kate Doughty !' and I never looked at the 
 person at all, but got very angry ; and on leaving the room, 
 Mrs. ToAvnley stopped to address me, Avhen I went out. Q. I am 
 coming to that? — Yes, but perhaps I had better tell you at once. 
 The Attorney-General: I would rather put it in my own way, 
 and you shall put it in yours afterwards. Did Miss Nangle put her 
 veil up, and say, ' Look at me, and tell me Avho I am ?' — I did not 
 take any notice of Miss Nangle Avhatever; I Avas so much out of 
 temper, considering they tried to impose on me, that I did not look 
 at anyone. Q. And did you say, ' I do not knoAv, I do not know,' 
 tAvice oA^er? — No, I never looked at Miss Nangle; besides, if they 
 Av anted me to recognize them, what did they come thickly veiled for? 
 That is Avhat I Avant to know. Q. They thrcAv them up according 
 to my suggestion, and I think according to yoiu^s? — If you ask me 
 Avhether I said it was my aunt Nangle, I do not knoAA', because 
 I do not think my aunt could be guilty to lend herself to such 
 a purpose. The Lord Chief Justice : As I caught it, Mrs. Nangle, 
 and afterwards Miss Nangle, put their veils up ? The Solicitor- 
 General : Yes. The Witness : I cannot speak as to Miss Nangle, 
 for I did not take notice of her, seeing it Avas not my cousin 
 Katharine, though, of course, she is my cousin Katharine, but not 
 the other. Miss Doughty, as represented. Q. You say you saAV it 
 Avas Mrs. Nangle? — I told you it Avas Mrs, Nangle, for I have heard 
 since. I told you before, Avhen I kncAV it Avas not Lady Doughty
 
 ( 719 ) 
 
 I never even looked at lier: I knew it was not ray aunt Douglity, and 
 left the room. Q. When she put up her veil, when you said, how can 
 I tell, because there are so many veils on, and she put up her veil, did 
 you then say it was your aunt Nangle? — No, I did not; and I tell 
 you I did not know who it was, for the best of all reasons — when I saw 
 I was imposed on, I never looked, Q. But I should have thoug-ht that 
 you must have looked to know who it was? — I looked quite sufficient 
 to know it was not Lady Doughty. Q. But not sufficient to knoAv 
 it was Mrs. Nangle ? — No ; I never dreamt that she would lend her- 
 self to saying she was one aunt instead of another. Q. All you 
 know is, it was not that aunt you were going to see ? — The avmt it 
 •was represented by Mr. K-adcliffe I was going to see. Q. Was she 
 at all like a person you had seen ? — I tell you, I do not know : I did 
 not even look at the person. It may have been Mrs. Nangle, for 
 aught I know. Q. You must have looked, to know it was not Lady 
 Doughty ? — Certainly. Q. Seeing that it was not Lady Doughty, 
 did you look to see who it Avas ? — No. Q. It w^as one aunt instead 
 of another ; is that it ? — It w^as so represented to me. Q. However, 
 that is what you did not see at the time ? — No, I did not. Q. You 
 say you did not pay the smallest attention to Miss Nangle?— No, 
 I did not. Q. Did Mrs. Nangle say to Miss Nangle, ' Speak 
 French to him,' upon which Miss Nangle began to speak French to 
 you ? — I think not. Q. Will you swear not ? — I tell you I did not 
 take notice of Miss Nangle, or anything she said, if she did say any- 
 thing. Q. Did she say to you, ' Vous parlez fi-an9ais, n'est-ce pas ? ' 
 and you said, ' Oui, madame,' and she went on with a longer French 
 sentence, which I do not presume to read ? — If you ask me whether 
 I did that, I swear I did not. Q. Did she say a long French sen- 
 tence ? — I do not say she did not say anything. Q. A longisli 
 sentence in French to you ? — I tell you I did not take notice of her. 
 Q. But did you hear lier speak French to you ? — I did not. 
 Q. And did she say after that a long French sentence, ' Eh bien ! 
 nous allons parler fran9ais, comme nous faisions toujours dans les 
 temps passes ? ' and did you turn to Mr. Radcliffe, and say, ' This is 
 not in the contract ; this is not in the contract' ? — Contract ? No. 
 Q. That you swear ? — That I w ill swear upon my oath ; there was 
 no such word escaped me. Q. Did you say a word of French to 
 either of them ? — No, not a word. Q. Did they say any French to 
 you? — As I teU you, I do not know whether Mrs. Nangle spoke to 
 me or not. I have no recollection. Our visit certainly did not last 
 a minute and a half. The moment I saw I was imposed on, I went 
 out of the room, and on going out Mrs. Townley addressed me, and 
 I said, ' Lucy, you will be sorry, mind, for what you have done, yet,' 
 and I passed out of the room, and there was no further conversation 
 whatever. Q. We will leave the conversation with Mrs. Townley
 
 ( 720 ) 
 
 for a moment, Avlilcli you will probably deny ? — I do not think you 
 have a right to say, ' which I will probably deny': I shall not deny 
 it if it is true. Q. Did Miss Nangle say to you in French, ' Come, 
 tell me something of the past — Racontez moi quelque chose du 
 passe'? — I tell you I did not hear her speak at all. Q. And did 
 you a second time say, ' This is not in the contract ; this is not in 
 the contract'? — What contract? Q. And did Miss Nangle say, 
 ' Comment vous ne parlez done pas fi'an^ais'? — I tell you I did not 
 hear it at all : In the first place, I was not in the room a sufficient 
 time for the conversation you speak of to take place. Q. Did you 
 go on and say again about the contract being broken ? — I never 
 mentioned about the contract at all." Then a series of questions are 
 put with regard to the conversation with Mrs. Townley, as to which 
 the Solicitor-General, who was cross-examining, had clearly got 
 wrong, because these matters on which he was cross-examining the 
 defendant w^ere matters which, if they occurred at all, occurred at the 
 first interview, and not at the second, about which he was cross- 
 examining on this occasion. In the multiplicity of facts in this case, 
 it is in the nature of things that mistakes of this nature should occur. 
 " Q. Then as Mrs. Townley Avas going out, you told her, you say, 
 she would be sorry for it : I believe she said she thought you an im- 
 postor, and it would be her duty to tell her fi'iends ? — No, she did 
 not ; all she said was, * I knew my cousin Roger very well, and you 
 are not him.' I said, 'You will be sony for this,' and Mr. Radcliffe 
 spoke and said, ' I knew Roger very well, and you are not him,' and 
 I said, ' All I can say is, you are no gentleman.' I think it was a 
 very lucky job for him that there were ladies in the room. Q. No 
 doubt he Avas very much indebted to you ? — No, very much indebted 
 to the ladies, not to me. Q. Well, that is safe? — Yes, perfectly safe 
 for him there. Q. Do you mean to say Mrs. ToAvnley did not say 
 she was sorry to say you were an impostor, and she should feel it 
 her duty to tell her friends so ? — No. Q. Do I understand you 
 Mr. Radcliffe told you you Avere going to see Lady Doughty? — Yes. 
 Q. That you SAvear ? — And her daughter, that I positively SAA^ear. 
 Q. That he told you ? — That he told me : he not only told me, but 
 there are his letters to prove it : Read the correspondence betAveen 
 himself and my attorney. In the first place he Avrote to say he could 
 not come, and asked for another appointment." The result is that 
 the defendant admits that he did not recognize Mrs. Nangle, but he 
 accounts for that by saying, that expecting to see Lady Doughty, 
 and finding it was not her, he did not look to see Avho it Avas. Now, 
 I think there can be no doubt that he had been led to expect that he 
 was to meet Lady Doughty ; Avhether he would have knoAvn Lady 
 Doughty from Mrs. Nangle must depend on one or tAA^o things, 
 either on his being Roger, or on his having had some opportunity of
 
 ( 721 ) 
 
 seeing some likeness of Lady Doughty, or having had some descrip- 
 tion of her which would enable him to distinguish betAveen her and 
 the other lady, Mrs. Nangle. I have no doul)t he did go to that 
 meeting expecting to meet Lady Doughty, and I think the conver- 
 sation which passed between him and Sir Percival in the cab was 
 calculated to keep up that notion. Was it that Lady Doughty not 
 being able to go, Mrs. Nangle was substituted ? or was it a stratagem 
 they resorted to in order to see whether he would accept her as 
 Lady Doughty, which of course would have been completely fatal to 
 him ? I do not know. No question was asked about it ; but it is 
 quite clear that, having taken down Mrs. Nangle in place of Lady 
 Doughty, Sir Percival, when in the cab, did not undeceive him, because 
 this is what he said about it. He is asked, " Did you while you 
 were in the cab, or before, or when you invited him to accompany 
 you to Sydenham Road, ever say you were going to take him to see 
 Lady Doughty? — I told him I Avas going to take him to see his 
 aunt. Q. Did you mention Lady Doughty's name ? — I purposely 
 omitted the name of Lady Doughty, because I put the name of 
 * Aunt.' Mrs. Nangle was his aimt. I did not say 'Mrs. Nangle,' 
 but ' Aunt' purposely. Q. Did you say whether you were going to 
 meet her and anybody else, or simply her? — I forget; I am quite 
 positive I said his aunt, because I pm-posely said his aunt. Of 
 course I did not give the name." It is quite clear that he did not 
 mention Mrs. Nangle's name. The defendant says Sir Percival told 
 him distinctly he was going to see Lady Doughty. Sir Percival 
 does not admit that, but says he told him he Avas going to see his 
 aunt; but I think Sir Percival must have been quite aware, the 
 interview beino; on the understanding: that the defendant Avas to see 
 Lady Doughty and the then Mrs. Kadcliffe, and also Sir Percival 
 and Mrs. ToAvnley, that the defendant Avould naturally interpret the 
 term " aunt" — an ambiguous term, no doubt, AA^here you have more 
 than one — by what had gone before, and of course Avould imagine that 
 he was going to see Lady Doughty. I must say I think it Avould 
 have been better if no concealment about that matter had been prac- 
 tised ; if it Avas in fact a sti-atagem, so much the stronger is my 
 observation. If it AA-as that Lady Doughty could not, or would not, go 
 doAvn, and Mrs. Nangle Avent in her place, I cannot help thinking it 
 Avould have been much better if no deception of any sort had been 
 practised — not that it Avas necessary to tell him who Mrs. Nangle 
 was — if Sir Percival had said, " Lady Doughty cannot come, I have 
 brought doAvn another lady Avho is a relation of yours ; I Avill not 
 tell you Avho she is ; when you see her, you can tell me ; and if you 
 know who she is, that Avill be satisfactory, Avhile if you do not it will 
 have the opposite effect." That Avould have been much better. 
 I have a dislike to stratagem or attempts of this sort, and I think 
 
 3 A
 
 ( 722 ) 
 
 tliey are very much better avoided. Of course if the defendant had 
 said who it was, it Avould have been a false move on their part. As 
 it was it gave liim the opportunity of saying, " You tried to pi'actise 
 a trick upon me ; I resented that, and instead of prolonging the 
 interview, I cut it short in consequence." Nevertheless, the ques- 
 tion still remains. Should he have known Mrs. Nangle ? Mrs. 
 Nangle was Roger's aimt by blood ; Lady Doughty was his aunt by 
 marriage onl}^ ; and he had knoAvn Mrs. Nangle long before Lady 
 Doughty, and Roger had seen her quite as lately as he saw 
 Lady Doughty ; for the Nangles Avere staying at Tichborne on 
 the occasion of the last visit Roger paid to Tichborne before 
 he finally quitted this country. Mrs. and Miss Nangle were staying 
 in the house at the time ; he was therefore as familiar with Mrs. 
 Nangle's personal appearance as he could well be with the appearance 
 of any one. Now here was Mrs. Nangle, and according to the 
 evidence of all present she raised her veil, either at his instance — or, 
 as she says, by her own spontaneous act — and rose and faced him in 
 the light, and said, " Now tell me who I am ?" and he looked at her 
 and could not tell. His account is, that as soon as by the first glance 
 he ascertained it was not Lady Doughty who was then present, he 
 turned away and would have nothing more to say to any of them ; 
 except that som words passed as he went out between him and 
 Mrs. Townley and Sir Percival Radcliffe, towards whom, according 
 to the latter, he advanced in a menacing and insulting manner. 
 The defendant says he merely told him he was no gentleman, and 
 that with the exception of this conversation, he went out and never 
 looked at any of them. He denies that Miss Nangle spoke to him 
 in French, or that he took the slightest notice of Miss Nangle. Upon 
 that you must form your own judgment. If your opinion is that 
 these witnesses are telling you the truth, and that the defendant had, 
 as Mrs. Nangle says he had, full opportunity of looking her in the 
 face, when she had her veil up and was standing in the light, the 
 light falling on her face, and that he did not know Mrs. Nangle, and 
 had not the most distant idea who she was, then, of course, that is a 
 very strong fact against the defendant, that he should not have re- 
 cognised Roger's own aunt whom Roger had known from childhood 
 while living so many years in Paris ; who was resident at Tich- 
 borne from time to time afterwards, and whom, as I say, lie saw as 
 lately as his last visit to Tichborne. If you think that, as he says, 
 lie had not an opportunity of seeing her, or did not choose to look 
 at her, or avail himself of that opportunity, it falls to the ground. 
 If you think he had the opportunity, that he used the opportunity, 
 that he looked at her, saw her, and did not recognise her, certainly 
 it is very strong. 
 
 On the result of this interview Mr. Radcliffe wrote to Mr. Holmes,
 
 ( 723 ) 
 
 "March 12th, 1867. Dear Sh-, — After the second letter received 
 from you to-day (by which I perceived I omitted naming Wednesday) 
 we thought it better to go at once to Croydon. We had an inter- 
 view with your client, and are all thoroughly convinced he is not 
 Eoger Tichborne, and this not only because we failed to recognise 
 lioger Tichborne, but because he evidently did not recognise his 
 nearest relations. I beg again to thank Mrs. Holmes for her courtesy 
 to the ladies at her house. Yours truly, J. P. Radcliffe." Mr. 
 Plolmes replies, certainly not in the tone of courtesy with which Sir 
 Percival Radcliffe had Avritten ; he writes a letter in his usual arrogant 
 and offensive style : " The way in which you and the three ladies 
 who were with you yesterday behaved for the very few moments Sir 
 Roger Tichborne condescended to see you" — fancy this gentleman 
 taking on himself to write to Mr. Radcliffe, to say the least of it his 
 equal, in such terms — " condescended to see you, Avas an entire breach 
 of the arrangement we made at Alresford, and could only result in 
 his withdrawing himself. It is certain that if Sir Roger had been 
 treated by you and your party with even common civility, the litiga- 
 tion which must ensue would have been entirely avoided. Plowever, 
 neither my client nor myself can now be blamed. You did wrong in 
 going to my house Avithout a previous appointment, or in taking any 
 one there respecting whom we had not arranged. My wife was siu*- 
 prised that neither of the three ladies favoured her with their names. 
 Their remarks, while you were going to fetch Sir Roger, Avere 
 altogether unjustifiable, for they had not seen him. I am very sorry 
 indeed that your attempted surprise upon Sir Roger, and manner of 
 treating, were as unfair as the conduct pursued towards him by his 
 family since he arrived in England, but the same spirit evidently 
 animates all those whose interest it is that he should not succeed. It 
 is, however, a great satisfaction for Sir Roger to know that the Court 
 will disapprove the conduct complained of, and that, in the end, his 
 rights, which are founded on truth, must prevail." Well, there is 
 certainly one thing to be regretted, and that is, that this interview took 
 place otherAvise than according to the strictest regularity. If an ap- 
 pointment AA'as to be made, and they Avent down Avithout one, it is to 
 be regretted; because it gave Mr. Holmes and his client cause to 
 take exception to anything that passed. And I regret also that Mr. 
 Holmes should, from the beginning, have declined to be present at the 
 interview. It Avould have been very much better if the defendant had 
 had the advantage of the presence of some one who could control the 
 statements made afterAvards, and contradict them if they were not 
 according to the truth. Therefore, the effect of this interview must 
 be considered as subject to the observation, that perhaps the defendant 
 Avas not upon the Avhole as fairly dealt Avith as he might have been. 
 We are now in the month of March, and I Avill complete the occur- 
 
 3 a2
 
 ( 724 ) 
 
 rences of that montli by reading to you a letter written by tlie defen- 
 dant to Mr. Rous on the 31st of the month, but which is not, perhaps, 
 of any great importance. "Dear Rons,— We received last night" 
 — there the word " received " is for once spelt right, I believe it is the 
 only instance — "the Hamper you so kindly sent. And for which we 
 are very thankful for I do not know when I shall start for Alresford. 
 But I propose to do so as soon as INIamma returns from Winchester. 
 So I shall come and stay a we«lv or so this time. Lady Tichborne 
 beg to be remembered to you and Mrs. Rous. Let me know whether 
 you think it will be best to bring a Horse Avith me or not I find there 
 are two persons who have got judgments against me for Bills I drcAV 
 in Australia. I do not know if they entend to arrest me or not. I 
 tell them if they do they "will be longer Avithout their money. But I 
 am affraid" — this is a word he uniformly spells with two " f's" — " But 
 I am affi-aid the other side have got hold of them. I am affraid I shall 
 not be able to get money sufficient to settle them has I have only 
 ]\Iamma who will endorse. I can get a thousand pound if I give a 
 Bond for two twelve month after I get" — Then comes a word Avhich 
 is a perpetual stumbling-block, and that is the Avord " possession ;" in 
 this particular instance he spells the Avord " prosessian " — " after I 
 get prosessian. But I do not wish to throAV a thousand away like 
 that. But I must try and manage somehow Hoping Mrs. Rous 
 and family are quite Avell and that I shall soon have the pleasure of 
 seeing you. I remain Dear Rous, Yours truly R. C. D. Tichborne." 
 Next comes a letter to Mr. Hopkins, Avhich affects the testimony of 
 Mr. Bulpett; it is of the 6th of March. " My Dear Friend Hop- 
 kins I receved your letter the other day I should have answered it 
 before if I had not been so ill i got out a little Avhile yesterday for 
 the first time since thursday but to day it snoAving so hard " — there is 
 the unfortunate auxiliary omitted—" that I cannot go out at all I hope 
 i shall soon be able to come doAvn as I feel almost dead shut up in the 
 House so long I receved a letter from Bulpet and Hall this morn- 
 ing telling me he had placed five hundred to my credit at Alresford 
 this very much supprise " — Avritten Avith tAvo " p's " and Avithout the 
 " r " — " me has i did not expect or Avant it But I suppose by that the 
 Winchesters are begining to feel uncomfortable I hope you Avill for- 
 give me for not Avriting offener " — AA^itten Avith a second " f " instead 
 of " t " — " I have not forgot the Vermouth for Mrs. Hopkins I Avill 
 bring it doAvn Avith me Avhen I come please remember me kindly to 
 Mrs. Hopkins. I hope she enjojang good health. Mamma begs to 
 be remembered I think mamma Avill come doAvn to AVinchester soon 
 McCann my old valet has been Avitli me this tAvo day he is going 
 home to morroAv there are several of my brother officers are to call on 
 me this Aveek Carter my old groom got discharged for coming to see 
 me so i employed him myself again He got a letter yesterday when
 
 ( 725 ) 
 
 in London praying that lie Avonld not have any think to do with me 
 has so many would be ruined by it Carter says he told them that if 
 they were all to be hung He would not tell a lie for them. I hope 
 my dear friend soon to have the pleasure of seeing you." 
 
 We now get to the month of April, and there comes a letter, Avhich, 
 if it bears the signification Mr. Hawkins puts upon it — and I am 
 bound to say I do not see why it should not — is certainly of very 
 great importance, because it woidd seem to furnish a clue to some 
 of the knowledge exhibited by the defendant with regard to important 
 circumstances in Roger's career; it is to Lady Tichborne. "20th 
 April My dear Mamma I refrained from writing untill I had seen 
 the D'. He says I am a great deal better. But must not leave my 
 bed for several days yet. I Hope my dear mamma you have found 
 some of the letters" — What letters? What letters was he anxious 
 his mother should find some of? There Avere many letters, you 
 know, written by Roger to his father and mother. Many of those 
 letters had reference to Roger's expedition to South America, and to 
 the different things that happened to him, or took place in his 
 excursions or Avanderings in that country ; and upon those subjects 
 the defendant afterwards exhibited a considerable amount of knoAv- 
 ledge. Was that knowledge the production of his OAvn memoiy, or 
 was it derived from the perusal of those letters ? No explanation of 
 the letter in question has been given. But then the defendant's 
 mouth is closed. He cannot give us any explanation of it ; there- 
 fore we must not press it against him further than is reasonable or 
 fair. The letter was first found for this trial, and therefore there 
 is no explanation of it from the defendant. But it is evident that at 
 this time, the month of April, when things were progressing, and he 
 was about to take initiatory steps for the purpose of obtaining the 
 estates, there Avere some letters which the defendant here exhibits 
 anxiety that his mother should find, probably in order that he might 
 have the opportunity of seeing what Avere the contents of them. If 
 he did not get them then, they would of course afterwards come 
 into his hands when he took possession of her papers after her death. 
 The rest of this letter is not of importance. " Do not my dear 
 mamma encourage that Cook, he is trying to do me all the harm 
 he can in London. Surely my dear mamma, you will not pay for 
 a mans keep Avho is an enemy of mine. Mary and Agnes are quite 
 well, and longing to see you back again. I feel very lonely having 
 to lay in bed so long. I Hope your interview with Mr. Tucker as 
 been favorable. You asked me for the Address of the Lawyers that 
 hold the Bill. I do not knoAv. as I gave it to Mr. Holmes, and I 
 have not seen Mr. Holmes since to ask him. but I Avill let you know 
 if you do not return before Monday. Hoping my dear mamma soon 
 to see you I remain your affectionate Son R. C. D. Tichborne.'
 
 ( 726 ) 
 
 On the 2 9 til of April lie writes to Lady Tichbomc again : 
 " My Dear Mamma, I have sent Carter vip to London, so he 
 Avill call and leave you this note. I have sent both Horses to 
 be Sold. My reason for doing so is. that I knew they would be 
 seized for Cubitt Bill." — Cubitt had put that bill into circulation, 
 and the defendant had been sued on it — " The sheriff officer was 
 down here on Saturday night late. They thought the House and 
 Furniture belonged to me, I sent for Mr. Holmes and he came and 
 sent them away. He showed them the recept you receved from 
 Miss Lawerance. When they had seen the recept was in your name 
 they went away. The parties holding the Bill. Has promiced not 
 to molest me. as it Avould be against their own " — now here, again, 
 is a word which the defendant cannot get right, and that is the word 
 " interest " — " as it would be against their own entrets So I thought 
 it Avould be best to sell them at once. If I had sent one up to j'ou 
 Mama dear, they Avould sure to have found out where he had gone. 
 and I should not like to have had one seized in London, it would 
 have made such talk. You see Mama dear if I hire Horses when I 
 want them they cannot take them away. I will tell you all the 
 partuclars to morrow when I see you. I hope my dear Mamma you 
 are better than you ware. I am a great deal better now that it. 
 busted." — a remarkable piece of English, certainly — " Of cause I 
 am in less pain now. Mary and little Agnes are quite well, and 
 sends their love to you my dear Mama. Hoping to see to morrow. 
 I am my dear Mama, your affectionate Son, R. C. D. Tichborne." 
 Here we have in sixteen lines, no less than ten mistakes, and the 
 recurrence of" dear mamma" no less than six times. 
 
 The next letter is one of the " 1st May /67 My Dear Mama I 
 receved your note from Joseph, and am so glad to hear you are quite 
 well. We have seen the young woman you sent, and I think she 
 will suit very weU. so I think you had better engage her Mama 
 dear. I should like to get somebody at once, before Mary is Confined. 
 My dear Mama. I am glad to tell you Dr. Southerland says I am a 
 great deal better. So you see. Mama dear I shall soon be well. I 
 have sent you a letter I receved from Mr. Holmes and likewise the 
 agreement for the House for you to sign, it better for to take the 
 house in your name, for then they cannot molest me. You must 
 understand Mama, that in Mr. Bidpett proposal, you are not required 
 to pay one shilling, as the first year" — now we get to that uncom- 
 fortable word again, " interest," and here it assumes a different form 
 — " the first year entress and he will be paid out of the five thousand. 
 But I should advise you Mama dear to show it to Mr. Norris. the 
 entress will only be five per cent, and I shall place one thousand in 
 your Bank to your credit which will secure you for four years. I 
 Avish you would see Mr. Norris on this subject, or jMr. Tucker. The
 
 ( 727 ) 
 
 weather looks as if it was agoing to be fine." — He constantly writes 
 " agoing" for " going" — " tell Juggins lie as not paid Ebbat the 15. 3d. 
 yon gave him to pay last week. Mary and little Agnes joines me in 
 Love to you Mamma and I remain your affectionate Son R. C. D. 
 TiCHBORNE." Here there are, in seventeen lines, no less than seven 
 " mammas." 
 
 Gentlemen, the next letter is from the defendant to Lady Tich- 
 borne dated May 11th. At this time the defendant had transferred 
 his residence to another part of Croydon, and his letters are dated 
 from 2, Wellesley Villas, Wellesley Road : " My dear Mama I did 
 not write yesterday. Because I Avas not very well, and could not 
 spare Carter. I am sorry to say mamma, that Mary is very tmAvell 
 to-day and cannot leave her bed. Little Agnes was unwell yester- 
 day. But she appears a good deal better to-day. I saw Mr. Holmes, 
 last night. He says he Avill be ready to file the Bills on Tuesday. 
 But he wants five hundred pounds, before he can file them. I have 
 just receved a Bill fi-om Hamman and Pm-rott. AVhere we rent the 
 linen and plate from. I have enclosed it. for you to look at. it very 
 heavy. I have got about thirty pounds mama dear But that you 
 see mama dear is not sufficient, it allraost drives me mad. to think 
 •that I cannot pay my way. without taking your money. I paid a 
 man named Bance. yesterday £7 19s. 8d. Avhich I did not know was 
 owing. I Avill enclose it. that you may see what it Avas for I think 
 Mr. Blackman will have the Horses sold in a day or tAvo. if he does 
 of course I can pay these Bills at once. I hope mama dear you Avill 
 let me knoAv how you are. and if you have heard from Mr. Tucker 
 Its a week mama since you came to see me. and it appears so long. 
 But I knoAv it makes you ill to come, so I do not like to ask you to 
 come offener. Next Tuesday" — here Ave have instances of Avhat I 
 referred to, the omission of the " s " — " Next Tuesday is niary Birth 
 day and Mr. Long Father is coming to dine with us. so do try and 
 come mama dear You knoAv mama dear, it of great importance that 
 these gentlemaus come to see me. Because it gets all over Hamp- 
 shire, hoping to receive a fcAv lines from you" — the word "fcAv" 
 there is spelt right — " I remain your affectionate Son. R. C. D. 
 TiCiiBORNE."— the Avord " Son" being AATitten in the same line Avith 
 the signature — " INIary and Agnes sends their kind Love to you 
 mama dear." 
 
 The next letter is of " May 19th/67. My Dear Mamma I have 
 great pleasure in telling you that I have seen Mr. Biddup" — he 
 means Mr. Biddulph— " He called Avith Mr. Tucker and Norris 
 yesterday, and remained for about tAvo hours, the Meeting was very 
 pleasant, Mr. Norris said he thought you was not looking very Avell 
 when he last seen you. I hope mama dear you Avill let me knoAv Iioav 
 you are. Little Agnes is a great deal better, and Avill soon be able
 
 ( 728 ) 
 
 to come to yon. I liave caught a nasty Cold which as taken away 
 my Voice, so I have to remain in bed all day to-day. Mary is quite 
 well to-day except a tooth ake, If you are quite well you must write 
 and tell me all the news. But if you are not do not truble to write 
 a long letter, for it will fatigue you. Mary and Agnes joins me 
 mamma dear in kind Love to you And I remain your affectianate 
 Son R. C. D. TiCHBORNE." — the Avord " Son," in the last line, as in 
 the foregoing letter. Then on the 22nd May, '67 : " My Dear Mama 
 I spoke to Mr. Holmes about you agoing to call on him to-day. And 
 he says he will not be at home. This is the Derby day and they 
 have all gone to the races. It was very kind of you to send me the 
 oranges and sparrowgrass" — We had a discussion on the spelling of 
 " sparrowgrass," and it turned out there was authority for this form 
 of it—" Mary and the baby pass a very good night and are quite 
 well as also little Agnes. Agnes seems to be very fond of the baby. 
 as she crys" — Avhich would be the regular form of the third person 
 present of the verl^ " to cry," but it is an irregular verb, and that is 
 not the way to write it — " as she crys to go and see it every time she 
 go up stairs. I receved a letter from Talbot constable yestrday. I 
 hope he does not come until I am well, it make me so iU to be talking 
 so much. I am not very well to day. so I am keeping my Bed. and I 
 do not entend to get up to day to see anybody, the Dr. as not been to 
 day. yet He told me yesterday morning to go to bed and put a poltice 
 on. But i did not put it on until last night, when I Avent to bed. so I 
 think that make me Avorse to-day. But I Avill soon be all right Mama 
 dear, it only a little inflamed and Avill soon go aAvay if I keep quite." 
 — for quiet — " Will yovi my dear Mama ansAver talbot letter for me. 
 I don't lick" — for like — " the Avay he AAa-ites I think he been tampered 
 with by the other partis. We must be very careful my dear Mama. 
 NoAv my Case is so strong. If he Avas to come up to be Godfather 
 to my Son. and then say he did not knoAv me it Avould ingure my case 
 very much " — injure spelt Avith a " g" — " I Avill leave all to you my dear 
 Mama only be careful. Mary and little Agnes joins me my dear Mama 
 in kind love to you. Your affectionate Son li. C. D. Tichborne." 
 That is a remarkable letter in one respect. There are tAventy-one 
 printed lines, and there are no less than eleven mis-spellings, and 
 seven mistakes of grammar — eighteen mistakes in tAventy-one lines — 
 and no less than six " my dear mammas " in the course of it. 
 
 The next letter is of May the 23rd, to Lady Tichborne. " I receved 
 your kind letter last night. I am very sorry I forgot Talbot letter. 
 But I Avas so uuAvell I could think of nothink. I am a great better 
 to day thank God. As I hope this letter Avill find you the same." — 
 That is an expression that certainly never occurs in any of Boger 
 Tichborne's letters before he left this coimtry — " I reccA^ed a letter 
 for you Mama dear And it had a black Seal and I thought it Avas
 
 ( '29 ) 
 
 from Talbot, so I oppen it" — a strange way of writing " opened" — 
 " I did not read it Avhen I look at the signature. I expect Mr. Bulpett 
 here to night with Mr. Holmes I hope my dear Mama that I shall 
 see you on Saturday if it a fine day. But if it not. do not come out 
 in the wet. Mary and the little Boy are doing quite well, and poor 
 little Agnes as been plajang Avith me all day. She misses her Mama 
 very much. Let me know Mama dear if you have heard fi'om Mr. 
 Tucker and when he coming here And I Avould likewise like to knoAV 
 what Mr. Norris says about it. I think my dear INIama. I Avoidd not 
 bother with them any more, as I can get the money on those terms 
 much quicker. Hoping soon to see you. my dear Mama I Eemain 
 your Affectionate Son R. C. D. Ticiiborne." Here again in fifteen 
 lines there are no less than five mis-spellings, and six mistakes of 
 grammar, while " dear mamma" occurs six times in the fifteen lines. 
 He writes to Rous on the 23rd May. " I receved your kind 
 letter and thank you for your kind wishes Lady Tichborne and the 
 boy arc doing very well. And begs to be remembered to Mrs. 
 Rous and yourself. We are coming down to Alresford as soon as 
 Mary is able to go. The Dr. intends to keep me in for ten days 
 longer, so I hope to be quite well by that time. I got very fright- 
 ened yesterday morning. I thought I was agoing a hunting in 
 another country. But I am a good deal better to day. Hoping my 
 dear friends you are all well — " and so forth. He adds, " INIy dear 
 Friend. We have receved a very valuable letter, from Australia 
 But Mr. Holmes don't wish to let any one knoAv it. But Bulpett. 
 so don't say i told you. It an account of my arrival in Melbourne 
 in fifty four. It was sent by my Banker Mr. Captive" — that must 
 mean Cottee — " A. J. S. Bank, Wagga Wagga He thought I 
 might Avant it." On JNIay the 27th he Avrites : — " My Dear Mamma, 
 I have just receved your kind letter. Avith Mr. Tucker's enclosed" — 
 He Avas a money-lender from Avhom they hoped to obtain money — 
 " I think my dear Mama it Avill be the best to give Mr. Tucker the 
 50 per cent on conditions that he pays the money the day after the 
 Bill the filed. I am certain Ave shall not get it cheaper, as for Mr. 
 Yates I do not AA-ant anythink to do AA^ith him. it no use playing 
 Avith Mr. Tucker, the best Avay Avill be to tell him at once Ave will 
 give the 50 per cent. I AA^ould very much like to see him. if I do 
 not succeed Avith Mr. Tucker I propose to come to London on 
 Wednesday, and go Avare I knoAv I can get it. But still I Avould 
 have to give more than 50 per cent. I must get it some Avare for 
 I have not a pound. And Hammond and perrott. came this morning 
 and ask me for a Cheque, and of cause I could not give him one. 
 which makes me look very little, and feel very Miserable, sometimes 
 I allmost Avish I Avas out of the World." — " Allmost" and " allAvays" 
 are ahvays spelt Avith tAvo I's — " do not lose any opportunity Avith
 
 ( 730 ) 
 
 Mr. Tucker as I shall only have to give more. I am sorry that 
 I shaul cause you so much anxiety about my affairs. Had I have 
 known it" — you cannot well have a more ungrammatical expression 
 than that — " Had 1 have known it before I left Australia I Avould 
 have never wrote or come home to have cause you so much truble. 
 and to have been such a drag on your purse. hoAvever I hope to be 
 able to repay you all back again, and see you happy and comfortable 
 at Upton. I will send you a couple of photograpt of Upton, the 
 North and South Front. My dear you never say how you are when 
 you write, therefore I never know only by asking the servants. 
 Little Agnes and the Boy are quite well, and IMary joins me in kind 
 Love to you. And I remain my dear INIamma your affectionate Son 
 R. C. D. TiCHBORNE." Now I protest I am puzzled to pronoimce 
 the next word. " I regerestered the boy this morning Under the 
 name of Roger Joseph Doughty according I think as you desired it. 
 R. C. D. T. Do not worrat your self my dear Mama We shall be 
 all happy yet." That is another word ; the word " worry," either as 
 a verb or as a noun, is always Avritten by the defendant " worrit" or 
 " Avon-at." That is common, I believe, in a certain uneducated class, 
 but it certainly is Avholly inconsistent with the notion of any schooling 
 at all. On the 31st of the month he Avrites, " My Dear Mama You 
 will think it very strange that I did not write to you yesterday. But 
 I gave Bogle and Carter leave to go and see the races. And several 
 persons called, that the day passed away before I knew it w^as gone. 
 My dear Mama. Mr. Tucker called to see me last night. But did 
 not stay long. He Avas saying that he Avas coming doAATi on Saturday, 
 with you to haA^e baby christened. You must remember my dear 
 Mama that Mr. Tucker is a protestant and cannot be a sponsor. 
 Besides my dear Mama. I find he is not so respectiable as I should 
 wish. And a nother" — the " a" entirely distinct from " nother" as 
 though " nother" Avere a Avord by itself — " and a nother think my 
 dear Mama it Avould be AATong to make Talbot Godfather until I see 
 him. suppose when he came he did not remember me. And I know 
 Radcliffe as been continally Avriting to him about me. It Avould be 
 very serious, and injure" — there the Avord " injure" is written right — 
 " my case very much. My dear Mama, the Cook case is settled. 
 So do not woiTat yourself about that. I hope Mama dear you Avill 
 come on Saturday to see me. Although I should like to leave the 
 christening for some time yet. There is nothing to fear as they are 
 both so Healthy. Mr. Baigent is here, and I am so glad, as I Avas 
 so lonely before he beg to be remembered to you, my dear Mama. 
 Do not forget to let me knoAV Avho that Captain BarstoAV Avas. Mary 
 and Baby and little Agnes are quite well, and joines me in love to 
 you my dear Mama. I have not said anything to Mary about the 
 christening. But I have very strong reasons for not haAang it done
 
 ( 731 ) 
 
 on Saturday, which I cannot commit to paper. But which I will tell 
 you all about when we are alone. God Bless you my dear INIamma 
 from your Affectionate Son, R. C. D. Tichborne. Dear little 
 Agnes as just gave me a kiss to send to you." There the number 
 of " dear mammas" is in profusion. There are ten of them in tAventy- 
 two lines, besides eleven mistakes. 
 
 I may here observe, that in the letters to the Dowager Lady Tich- 
 borne the number of " dear mammas," and " mammas," is, on the 
 average, about one in every three lines. That is a moderate compu- 
 tation. It is impossible to read these letters, -with the eternal repe- 
 tition of " dear mamma" from a grown man, without its having the 
 effect of raising a smile, but that is all the effect it ought to have, 
 Avith this important exception, that Avhile it is perfectly characteristic 
 of the defendant, the total absence of anything of the sort is equally 
 characteristic of the undoubted Koger. As I pointed out some time 
 ago, Avith Roger it is " My dear mother," and he AA'rites in a simple 
 style, and there is no introduction of religion in an ordinary letter ; 
 and he ends his letter with " Your affectionate son," just as other 
 people do. Some people, it is true, put in " My dear father," or 
 " My dear mother," " My dear uncle," or " My dear aunt," occa- 
 sionally interspersed amongst the sentences of the letter, but Roger 
 never did that. But then the learned counsel for the defendant turns 
 to the paper given to Miss Doughty. There, undoubtedly, he uses 
 the expression " My dearest Kate," again and again ; but then it 
 must be borne in mind that he Avas Avriting under the influence of 
 very poAverful, passionate emotion, and under those circumstances 
 I can quite understand the repetition of a phrase of that kind Avhich 
 in an ordinary commonplace letter a person Avould not use. NoAvhere, 
 either in the letters to Lady Doughty or to his mother — the latter 
 the more important, of course, of the tAvo — in comparison Avith the 
 letters Avritten by the defendant to his alleged mother — is there 
 anything of the kind. Therefore, although unimportant in itself, it 
 is not unimportant in the comparison of the writing of the tA\'0 
 persons. 
 
 The next month, Jrme, begins Avith a letter of the 8th, again to 
 Lady Tichborne. "June 8'V67. My dear Mamma I receA-ed yom- 
 kind letter. Mary is delighted AAath the Canary, and much more so. 
 that you should think of her. I thought I spoke of receving in 
 your letter the other day. the £18 Cheque. But I suppose I forgot 
 it. Mr. Holmes told me that he had seen Mr. Porter, and told him 
 to call on me. But Mr. porter has not call yet. I remained at 
 Home all day my dear Mama on purpose to see you if you came. Of 
 cause I shall not go out on Monday until you come I heard my 
 dear Mama the other day. AA^here the Watch of my poor dear 
 Brother Alfreds was. So I sent to the man. Avho knew Avare it AA^as 
 and told him if it really was my Brothers Alfreds Watch I Avould
 
 ( 732 ) 
 
 give liim a pound to get it for me. He got it and sent it up to me 
 by post this morning. Its a buitifull" — a strange way of spelling 
 that Avord — " small Gold Watch, with his INIonagram let in with 
 Enamel at the back, it also as a secret back for a minature. it winds 
 up by the Handle, and was made by Harry Emanel. I think there is 
 no doubt, but that it Avas poor Alfreds Avatch. I Avould send it up to 
 you by Joseph only I am affi'aid he might lose it. I did not expect 
 the person to send it up. and its very aAvkward for me. has I have no 
 money to send him what he gave for it. But I will borroAv the 
 money of Mr. Holmes to night Avhen he comes it only tAventy five 
 pounds and one pound for himself. Of course my dear Mama the 
 Watch is for you if you Avish to have it. AA'hen you come doAvn. 
 And I Avill shoAv you hoAv to open it and Avind it up and Avare to find 
 the secret spring. I hope my dear Mama you are better, you 
 appeared to me the other eA^ening as if you Avare still suffering fi-om 
 your chest. We are all Avell here my dear Mama. And they all 
 join me in Kind Love to you my dear Mama. Many thanks my 
 dear Mama for you kind rememberance. Your dear little Agnes is 
 learning to say God bless Mama. God bless papa Hoping soon to 
 see you My dear Mama I remain your Affectionate Son B. C D 
 TiCHBORNE." In a letter Avritten the day after, he writes, " I have 
 just receved your kind letter and the cheque for £18 pounds. 
 I was out Avhen Joseph came, so he has been keep Avaiting some 
 time I expect. I have enclosed the Watch in the box it came in. 
 so that you should see who it Avas got it for me. I have Avound 
 it up. So if you bring it Avith you to morrow I will shoAV you hoAV 
 to Avork it. and ware to find the secret place for the miniature, it 
 as no key it Avinds by the handle and you shift the Hands by 
 means of a spring, it very simple Avhen you once knoAv Avhat to do. 
 Mary request me to give her kind love to you. And the beautiful 
 Bird sings very Avell. I have read the book my dear Mama you so 
 kindly sent me. I do not advise you to read it. as it is not much 
 account, it is Avrote by some foolish felloAv that been to Paris, and 
 thinks nobody else was CA^er there. I aa-IU send a cheque to Mr. 
 Porter to morroAv. it very strange that Holmes should tell me that he 
 told Mr. Porter to come to me. I dont think my dear INIama that 
 the Bill Avill be filed before next Monday that is to morroAv Aveek as 
 they are expecting ncAvs from Australia by the incoming mail, do 
 not go to Norris about the money any more, as I have seen a letter 
 fi'om Mr. Tucker. Avhich convinces me. he is a bore and is only 
 deluding us. I Avill tell you all about the meeting Avhen you come, 
 as I do not Avish to put it on paper. Francis" — that is Baigent — 
 " intends to return to morroAv for a few days. Your dear little 
 Agnes is quite well, and also little Roger Joseph. IMyseLf I am 
 quite Avell noAV. and the Doctor has done Avith me and my Wife too. 
 so Ave are all quite Avell noAv. I hope, my dear Mama you are better
 
 ( 733 ) 
 
 tlian when I last seen yon. Good bye ]\Iy dear Mama and God 
 Bless you. your affectionate Son K. C. D. Tichbokne." On the 
 12th he Avrites again: "I have only just returned, or I should not 
 have keep Joseph Avaiting so long. I have been with Mary to the 
 Palace. I had no object my dear Mama only I was agoing to dine 
 with a Gentleman at the Club. But Mary made me alter my mind 
 and go to the Palace Avith her and the Chilldred. So I did not go to 
 London to day at all. I expect to be in London to moiTOAv if I feel 
 well, and if I do I Avill call on you. I have no object my dear 
 Mama any more than I am getting tired of Croydon. I want to see 
 Mr. Bulpett if I can. But I dont know if he will be in London to 
 morrow or not. Mary is delighted with the Bird my dear Mama it 
 sing so beautiful, it was singing when I came in. You have wrote 
 me a very short note my dear Mama. I hope you will send me a 
 longer one to morroAv. My dear Mama I am quite Avell now only 
 Dr. Sutherland says I must get out in the open air. more than I do. 
 but I have been so pestered with people calling I have not been able 
 to get out anywhere. Captain Litchfield called yesterday but I 
 had been forAvorned that they entended to play a trick on me. So of 
 course Avould not see him he SAvore afful" — I suppose that is meant 
 for aAvful — "because I AA'ould not see him. He had one or tAvo more 
 waiting outside. And I think one of them was Bowker. I have not 
 seem them to day. God Bless you my dear Mama. Mary joines me 
 in our Love and thank for the Bird. Agnes and Roger are quite 
 well and Ave hope soon to see you again." 
 
 On the cross-examination of the defendant inquiry was made as to 
 Avho this Captain Litchfield Avas whom he referred to in the last 
 letter. It Avas supposed to be Captain Strickland- — the Walter 
 Strickland in the Lady Doughty correspondence, Avho had got on and 
 had become post captain. " I really AA'ant the information," says the 
 Solicitor-General, "I Avant to knoAV Avho the gentleman is? — I have 
 got the name on my tongue, only I cannot speak it. Q. Who Avas 
 he ? Can you recollect aa^io the man Avas Avho you had been 
 forcAvarned Avas going to play you a trick, and who SAVore aAvful ? — 
 Yes, I can recollect the man aa'cII enough. Q. Was he a relation, or 
 not? — No; no connection Avhatever. Q. Was he an officer in the 
 army Avith you? — I think he was a naval officer, the man I mean, he 
 Avas the same party Avho came doAvn to my house during my absence, 
 when Mr. Wells called to see me ; he found Mr. Wells there, and he 
 took him aAvay before I could see him. Q. Was he an old fi'iend 
 of yours? — He was a person I had knoAvn in my younger days. 
 Q. Not a relation or connection, but a person you had knoAvn in 
 your younger days : you had been forcAvarned of his coming, so that 
 you Avould not see him? — Who had forcAvarned me I cannot say, but 
 you may depend somebody had if I said so. Q. We will pass from
 
 ( 734 ) 
 
 the name for tlie moment : Can you recollect wliy you did not see 
 him, or what it was you had been forewarned about the trick ; what 
 did all that mean? — Yes, I believe it was something I had heard 
 from my attorney that they were coming down. Q. You believe it 
 was something you had heard from your attorney that they were 
 coming do^^ni ? —Yes, to play some trick upon me. Q. What trick did 
 you hear they were going to play on you ? — I cannot say Avhat trick 
 it was ; my mind does not bring it back to me. Q. Your mind does 
 not bring it back to you ? — It was one of the many that Avas played 
 on me, I suppose. Q. This gentleman, as I understand, whatever 
 his name is, had been a friend or acquaintance of yours in former 
 days? — Yes, quite so. Q. No relation? — No relation. Q. I will 
 suggest a name to you to see whether it was the name; Avas it 
 Strickland? — No. Q. Not Strickland? — Not Strickland — no; it 
 cannot be Strickland, that is quite evident. Q. Strickland would 
 meet some of the conditions, because he Avas an old acquaintance of 
 yours and was a naval captain? — Strickland Avas the name I was 
 trying to think of, but it is not the name. Q. Stricldand is the 
 name you were trying to think of; he Avas an old acquaintance, and 
 Avas a naval captain ? — Yes. Q. They used to say SAvear like a 
 trooper ; did he SAvear like a naA'al captain ? — He SAvore somcAvhat 
 as a sailor Avould do. Q. Perhaps it Avas Strickland, after all?" — 
 The defendant is humorous on this occasion, and says, " I do not 
 think there Avas anything very strict about him. Q. Strickland, I 
 said ? — No, I do not think that is meant for Strickland ; that is 
 evidently alluding to somebody else. Q. You cannot tell me Avhat 
 trick you expected to be played on you by this old acquaintance of 
 yours AA'^lio was in the navy ; AAdiat trick Avas it you expected to be 
 played ? — I am not alluding to Strickland ; that is not Strickland. 
 I think I ought to explain that, as regards Strickland, when he 
 called I Avas ill in bed, and the doctor had ordered that nobody was 
 to see me ; he did swear, and Avent on in a very great Avay. The 
 Solicitor-General : That seems rather like it ? — He Avent up to 
 toAvn, and it Avas reported all over London that he rushed up stairs 
 and found me in bed Avith my clothes on, Avliich AA'as false. Q. That 
 looks like it ? That is Strickland surely ? It looks a little like it, 
 that he Avas a navy captain, and SAvore aAArful ; hoAvever, you cannot tell 
 me. Did Strickland, in fact, die the other day ? — I belicA^e that he 
 died some two or three years ago. Q. Some two or three years 
 ago? — I Avill not be sure that he did so ; I certainly Avas told that he 
 went to Stonyhurst and died there." If this AA-as Captain Strickland 
 as suggested in the cross-examination, it is a curious thing the 
 defendant should AAT:nte of him as Captain Litchfield : he does not 
 seem to be able to suggest aa'Iio this person, of Avhom he Avrites as 
 Captain Litchfield, could otherAvise have been.
 
 ( 735 ) 
 
 On the 27tli June, lie writes to Ladj Ticlibome, *' My Dear 
 Mamma, I arrived quite safe back again — as I hope you did When 
 I got here I saw Mr. Holmes, he has seen ]\Ir. Norris and Tucker 
 to-day. I beleive the matter remains much about the same. I tell 
 you Avhat I wish you to do. my dear Mamma, that is has Gaurdian" 
 — spelt with the " a" and the " u" in the wrong place — " to Roger 
 Joseph, to engage Mr. Norris for him in this Suit, for Thursday." — 
 It was necessary to make his son, as an infant, by his guardian, a 
 party to the suit in the Chancery proceedings — " and if Mr. Norris 
 declines, let me knoAV at. Rous. Swan Inn Alresford. Of cause, 
 I will pay all expences. Mr. Bulputt was in town to-day. and seen 
 Mr. Holmes, and sent me a letter to say that on Monday he Avill 
 place fifty poimd to my credit. I have told Mary to send your 
 letter on to me. And have left a anvelope Address to myself for 
 that purpose. I am obliged to start fi-om here by the ten oclock 
 train, as there is no other train from Waterloo Station, that calls at 
 Farnbauo-h"— meaning; Farnborous:!! — " but the eleven o'clock train. 
 I Avill write to you on Saturday night so that you get it on jMonday 
 morning. And be sure and write me in return. It is not" — here is 
 a word which is one of his stumbling blocks — " It is not nesseary for 
 me to come back on Wednesday so most likely I shall stop for some 
 time. Be very careful what you say. My dear Mamma. Now that 
 the Bill, is filed, to anybody that calls on you. Mary and Roger are 
 quite well, as I hope my dear Mama yourself, and dear little Agnes 
 is. The people at Victoria Station showed me great attension" — 
 the last syllable spelt s-i-o-n — " to night Avhen I went back. God 
 Bless you, my dear Mama, and dear little Agnes. Ever your Affec- 
 tionate Son R. C. D. TiCHBORNE." 
 
 The defendant now went down again to Alresford, and on this 
 occasion began one of those progresses — for such I may almost call 
 them — which he from this time made into all parts of the country 
 where any Carabineers were to be found. Alresford is on one of the 
 South- Western lines, not very far fi-om Sandhurst. At Sandhurst 
 there were old Carabineers who had different appointments in the 
 establishment, and among others a man of the name of Cairns, who 
 had been Sergeant-Major in the regiment, who was an intelligent 
 man, and Avhose assistance appears to have been obtained by the 
 defendant, and to have been used upon one or two important occa- 
 sions. Carter at this time was in the defendant's service. He had 
 taken into his service both Carter, who had been so long the private 
 servant and groom of Roger Tichborne when Roger Tichbome was 
 in the regiment, and McCann, who had been his soldier servant for 
 a considerable time also. Carter was taken into his service as groom, 
 and McCann was taken into his establishment with no service at all. 
 McCann was past work ; he was an old man worked out, and who
 
 ( 73G ) 
 
 died not very long ago; but he Avas taken into the estahlishment, 
 and, of course, could give veiy important information if information 
 Avas required. 
 
 Carter was sent to Sandhurst ; he Avas supplied Avith money, AA'hich 
 Avould enable him to entertain the old Carabineers Avho Avere in the 
 regiment at the time he Avas Roger Tichborne's servant, and these 
 men at Sandhm-st Avere prepared by him for the reception of the 
 defendant. The defendant goes over, and I believe they all, Avithout 
 exception — there Avere three or four of them — accepted him as the 
 officer they had knoAAai in the regiment, and he Avi-ites to his mother 
 thus on the 30th of June, 1867 : " jMy Dear Mamma We ari-ived 
 here quite safe last night. After having been at Sandhurst. Avhere 
 Ave have been A-ery suxcusful" — observe the spelling of this Avord — 
 " in getting more Avitness. haA'ing meet Sergt. Cairns and his Avife Avho 
 kneAV me directly they seen me. I have only seen Mr. Hopkins and 
 Dr. Lipscombe at present, to day being Sunday. I am having a rest. 
 I receved your letter this morning Avith the cheque for ten pound, of 
 cause my dear Mama you have no need to send me the cheque for 
 tAventy this Aveek as I Avill pay the Bills out of AA^iat Money I got. 
 Mr. and Mrs. Hopkins begs to be kindly remembered has also the 
 Dr. To morroAv is to be our busy day. We have six person coming 
 from Sandhurst. Avho I seen yesterday and about thirty that live in 
 this neighbourhoods. I hope my dear Mama you Avill Avrite and let 
 me knoAV hoAv you are and dear little Agnes. I think I shall stay 
 doAvn here for tAvo or three Aveeks. I am agoing to meet Captain 
 HayAvood to morroAv one of my Brother officers. He staying here 
 Avith Mr. Sumner, and he is agoing to call on me to morroAv morning. 
 I Avill let you knoAV the result of the intervicAV to morroAV night. Col. 
 Lushington has come back. But I have not seen him yet. But I 
 shall to mon-OAv. dont forget to Avrite my dear Mama as I am very 
 anxious to hear fi'om you It a lovely day here. The sun is so Avarm 
 and beautiful. I have no more to say at present my dear Mama 
 except to thank you for your letter and the cheque." 
 
 In the last letter there is reference to his being about to see a 
 brother officer of the Carabineers, and Avho Avas at this time Major — 
 I mean Major HayAvood — and a somcAAdiat strange proceeding takes 
 place, Avhich I very much regret on more than one person's account. 
 Major Hapvood Avas stajang in the neighbourhood, and it Avas desir- 
 able he should see the claimant, and, if possible, identify him as 
 having been a brother officer ; but it Avas desirable that INIajor Hay- 
 Avood, like anybody else Avho Avas to pronounce an opinion on the 
 matter, should have the opportimity of forming his OAvn opinion 
 Avithout any bias on his mind or any foregone conclusion. But there 
 was, as I haA^e told yoia, this Sergeant-Major Cairns, a A^ery intelli- 
 gent, quick felloAv, avIio knew all about the regiment, and aa'Iio might
 
 ( 737 ) 
 
 therefore be a useful auxiliary ; and as soon as it was known that 
 Major Haywood was coming, Mi-. Holmes sends Rous over to Sand- 
 hurst to fetch Cairns ; and the time when Major Haywood would be 
 in Alresford being knoAvn, Cairns is placed in such a ])Osition as to 
 waylay Major Haywood, so as to have an opportunity of talking to 
 the Major before the latter saw the defendant. And the same man 
 is afterwards used for a similar pmiiose wdtli regard to another officer, 
 the witness who was called here. Major Norbury. He Avas sent down 
 to Malvern, near which Major Norbury lived, and sent over in such 
 a way as that it should be necessary for him to ride inside the car- 
 riage with Major Norbury, so as to secure him the same opportunity 
 of talking to Major Norbury as he had of talking to Major Haywood. 
 Cairns, when called here, was asked about this in cross-examination, 
 and the answers are instructive as showing how this matter w^as car- 
 ried out. " Did the defendant at that time ask you to assist him in 
 looking after military witnesses? — No. Q. Nothing of that kind 
 passed between you? — Nothing of the sort. Q. You have been 
 helping, have you not ? — Mr. Holmes asked me. Q. Before I ask 
 you about Mr. Holmes, did you go after this interview at Sandhurst 
 to Alresford ? — Yes." The defendant had been to Sandhurst and 
 had seen Cairns there. " When — on the Sunday evening ? Hoav 
 many days ago? — Next day; on the 30th. Q. You having seen 
 him and recognized him at Sandliurst? — Having seen him and 
 recognized him at Sandhurst. Q. Why did you go to Alresford ? 
 — Mr. Rous came for me. Q. What was the object ? — Mr. Holmes 
 sent him. Q. But Avhat for ? Allow me to ask you were you out 
 of employment at that time ? — No ; I was gatekeeper at the college. 
 Q. Why were you sent for, you having already recognized the defen- 
 dant as the Roger Tichborne you knew in the army ? Why were 
 you sent for to go to Alresford ? — To see Major Haywood. Q. He 
 was a witness, was he not ? — I believe so. Q. On the last trial on 
 behalf of the defendant? — On behalf of the defendant. Q. What 
 was said to you now about seeing Major Hayw^ood? — I said I should 
 like to see him on account of being captain of my troop. Q. You 
 say Rous came down from Alresford to Sandhurst to fetch you ? — 
 Yes. Q. What did he say to you? — He said Mr. Holmes had sent 
 him to me purposely to go and see Major Haywood on the Monday 
 morning. Q. But what for ? — Because I wanted to see him on ac- 
 count of being an old officer. Q. Do you mean to represent to the jury 
 that that was the reason you went ? — Yes. Q. First reflect what 
 you are about? — That is right. Q. I want to know what was 
 passing in your mind at the time ? — Nothing passing in my mind at 
 the time. The Lord Chief Justice : Had you at that time ex- 
 pressed any desire to see Major Haywood? — I told Mr. Holmes so. 
 Mr. Justice Lush : Before that ? — Before that time. Mr. Serjt. 
 
 3 B
 
 ( 738 ) 
 
 Parry: AVhen did you see Mr. Holmes? — On the 29th of June. 
 Q. You mean when you first saw the defendant at Sandhurst you 
 had expressed a wish to see Major Haywood ? — At the same time. 
 The Lord Chief Justice : When the defendant came to Sand- 
 hurst was Mr. Holmes with him ? — Yes. Mr. Serjt. Parry : Was 
 anybody else ? — Nobody else Q. Mr. Holmes was with him at the 
 time? — With the defendant. Q. Do I understand you then ex- 
 pressed a Avish to see Major Hajvvood ? — Yes. Q. But how long 
 before was it you had seen Major Ha^^wood ? W^hat time had 
 elapsed ? — Seven or eight years ; more than that. By the Jury : 
 Was Major Haywood an officer in the Carabineers? — Yes. I had 
 not seen him, I dare say, for sixteen years. Mr. Serjt. Parry : 
 How came you all of a sudden to express a wish to Mr. Holmes to 
 see this gentleman, your major, whom you had not seen for sixteen 
 years ? — Mr. Holmes told me he was at Alresford. Q. Then it Avas 
 Mr. Holmes told you he was at Alresford? — Yes." 
 
 Let us pause for a moment. Rous, the important person, is sent 
 to fetch Cairns, and Cairns, as you will see in a moment, has a con- 
 versation with Major Hapvood. But he says that was in conse- 
 quence of his having expressed a desire to see the officer whom he 
 had formerly known in the regiment, but whom he had not seen for 
 sixteen years. Now, I do not doubt for a moment that he did 
 express that desire, but inasmuch as he had nothing to say to Major 
 Haj'Avood on his own account, and did not say anything to Major 
 Haywood on his own account, his Avhole conversation Avitli Major 
 Haywood, according to his own evidence, having been confined to 
 the matter about the defendant, the way in which I understand his 
 explanation is this : AV^hen they told him at Sandhurst that Major 
 Haywood was staying in the neighbourhood, and Major Haywood 
 and the defendant were to see one another, he probably said : 
 " Let me see Major Haywood before he sees the claimant ;" and 
 accordingly before Major Haywood sees the claimant, Rous is 
 despatched all the way to Sandhurst to bring Cairns over. Cairns 
 is asked : " Did you tell Major HayAvood you recognised him ; that 
 you believed he Avas Roger ? — Yes. Q. Did you say to him you 
 believed if he saAv him he Avould recognize him also? — I might 
 have done. Q. Had you much further conversation ? Do you re- 
 member telling Major HayAvood — I believe you told him, did not 
 you, that he Avas much stouter than he AA'as Avhen he Avas in the 
 regiment? — I might have done so. Q. Did you ask Major Hay- 
 wood Avhether he remembered the twitching of the eyes that Roger 
 had? — I do not remember. Q. You might haA^e done so? — 1 do 
 not remember. Q. I mean in conversation ? — I do not remember. 
 Q. You do not remember AA^hether you said anything ? Did you 
 say anything about the tAvitching of his eyes ? — I think not. Q. You
 
 ( 739 ; 
 
 are not quite sure ? — I am not quite sure. Q. You miglit have 
 mentioned it? — I will not say. Q. Did you mention to Major 
 Haywood anything about the iqjper part of his face ? — No, I think 
 not ; only about the stoutness. Q. Did not you tell the Major how it 
 was you recognised him ? — I think not Q. How long were you with 
 him ? — We walked up the street together. Q. How far ofi' was it ? 
 — 200 or 300 yards. Q. A short distance ? — A short distance. 
 Q. And then you walked back Avith him, is that so? — No, I parted 
 with Major Haywood at the Swan. He went into the room where 
 Sir Koger was, and I Avent into another room." It is quite obvious 
 he had nothing to say to the Major on his own account. He waits 
 a certain distance from the Swan until the INIajor gets into the street; 
 he walks doAvn to the Swan with him, talking about nothing but 
 Roger Tichborne ; no doubt preparing the mind of Major Haywood 
 for seeing a man Avhom, if he had not been prepared, he might not 
 have recognised as Roger Tichborne. He waylays him for the 
 purpose, and walks doAvn Avith him to the SAvan. AfterAvards he 
 has an intervicAV Avith the defendant. He is asked whether he had 
 any further conversation Avitli the defendant. He says he had. 
 " What conversation had you Avith the defendant ? — He asked me 
 about the officers and several things in the regiment. Q. You 
 asked him ? — He asked me. Q. Do you remember the names of the 
 ofiicers he mentioned ? — Yes, about Major Bott and Captain Pinkney. 
 Q. And Captain Moreton, do you remember? — Yes. Q. How long 
 do you think you had the couA^ersation with him ? — A short time. 
 Q. And during this time you say he Avas asking you questions about 
 the regiment, and you ansAvered them ? — Yes. Q. Did he ask you 
 about the men as Avell as the officers ? — Some of them. Q. What 
 met! did he name ? — Pie asked about Fenton, Dempsey, and Linder." 
 Then he says, " I never put a question to him." 
 
 Here again, what was the purpose of this conversation, this man 
 having already acknoAA^edged the defendant ? A conversation of 
 that kind, about persons avIio had been in the regiment, officers and 
 soldiers, might be the means of obtaining from Cairns a good deal of 
 knowledge about matters Avhich the defendant, either being Roger 
 Tichborne, had knoAvn and forgotten, or, not being Roger Tich- 
 borne, had never previously knoAvn. Cairns Avas a very Avilling 
 instrument in his hands, righteously or unrighteously I Avill not say ; 
 but he makes himself active on one occasion Avith Major Haywood, 
 and on another occasion in going down to Malvern to Major 
 Norbury. 
 
 Then there is a letter from Alresford of the 2nd July, after the 
 meeting AAath Major HayAvood : " My Dear Mamma I receved 
 your kind letter this morning and I am delighted to hear Mr. Norris 
 is agoing to act for my son. We have succeeded first class since we 
 
 3 B 2
 
 ( 740 ) 
 
 been here. I met Major Haywood, here yesterday. He called on 
 me with Mr. Siimncr. the Bishop of Winchester. Son. He was one 
 of my Brother officers. He recognized me at once, and made an 
 affidavid at once. I likewise was very successfld at Sandhurst has 
 I met several there who I had not seen before. I had them all 
 down here, and they had their milatary " — a strange way of spelling 
 the word military for one who had been three j^ears an officer — 
 " clothes on. and I think they thougt I was agoing to take the town. 
 I hope my dear Mamma that you and Agnes are quite well. You 
 will see Mr. Holmes. I have told him to call on you. I will wi'ite 
 again tomorrow. I have seen Mrs. Stubbs, avIio remembered me 
 perfectly well, and begs to be kindly remembered to you. as also 
 Mr. Hopkins and several others here Avho enquii'e very kindly after 
 you. I am going to meet Mr. Gilbert Onslow " — it is a striking 
 thing he should call Mr. Guilford Onslow, a name Roger Tichborne 
 must have known, Gi\bei-t Onslow — " at Tichborne at four o'clock 
 this afternoon, and Mr. Shelley. Mr. Benson called yesterday and 
 left his card. Mr. Bishop, and the two Mr. Longs called yesterday. 
 Col. Lushington. and Mr. Brodie. and several others persons. 
 Mr. Bulpett has just called, so I must say Goodbye, my dear 
 Mamma for the present Ever your affectionate Son R. C. D. 
 Tichborne " — the word son again written in the last line. 
 
 On the 4th of July he writes to her from Croydon : — " I have 
 stayed in doors all day. in expections of your coming as Mary told 
 me you said you would come to day. I came home last night by 
 the last train. I shoidd have stopped longer, only I wished to get 
 my Bills paid. I have promise to return to Alresford on Saturday. 
 Mr. and Mrs. Marks begs me kindly to remember them to you. and 
 also the two Miss Onslows and Mr. and Mrs. Hopkins. You would 
 be surprised how all my old fi-iends called on me. I spent a day 
 With Mr. Marks, and a day with Mr. Benson, and Col. Lushington. 
 I hope my dear Mamma you are quite well, and also little Agnes, 
 who I expected to see to day. But it will do when you come. I hope 
 my dear Mamma you will let me know when you are coming so that 
 I can be in. I will have to go to London tomorrow about 1 2 o'clock 
 to the Poultry. I hope you have seen the telegraph " — I suppose 
 he means the newspaper, but it is Avritten with a small t — " their is 
 a long paragraph about me. Let me knoAv when you Avill come and 
 see me my dear Mamma because I might be away for two or three 
 weeks next time. It cost me very near all my fifty pound at Aires- 
 ford this trip." — Cost him nearly 50/. at Alresford this trip ! What 
 for ? He had only been there a few days ; how could he have spent 
 50/. ? To be sure if Carter was sent to Sandliurst, and the defen- 
 dant went over to Sandhurst, and there was treating going on by 
 way of conciliating favour, that Avould very soon run through 50/.,
 
 ( 741 ) 
 
 or a large portion of it ; otlicrwisc I do not sec liow going to Alrcs- 
 ford and staying a few days at the S^van could cost 50/. — " liut still 
 it all over now and as not to be done again. God bless you, my 
 dear ]\Iamma, Your Affectionate Son R. C. D. Ticiiborne" — 
 signed as in the last instance. Then he writes to Mr. lious, and 
 this shows the sort of way the claim of the defendant was made 
 matter of speculation among these people, who do not scruple to bet 
 on anything and everything: — " Dear lious Yours to hand, also the 
 Parcel, thanks. Bloxam and myself was much surprized, because 
 Mr. Yates had written to say that Dr. Lipscombe and yourself had 
 accepted a bet of a Hundred and fifty to fifty, and calling on Bloxam 
 to have the money ready by last Monday INIorning. Mi-. Bloxam 
 of course got the money ready and Avent to the appointed place of 
 meeting but found no INIr. Yates. I think it very foolish, of Mr. 
 Yates to play these practical Jokes as it does nobody any good. 
 I have to go to a Ball tomorrow Evening so shall not get away 
 before the end of the week My wife joins me in kind regards to 
 Mrs. Rous yourself and family. Believe me" — and so on. 
 
 It was about this time that a somewhat remarkable correspondence 
 took place between the defendant and Captain Polhill Turner. In 
 this month of July the defendant had some circulars Avi-itten, Avhich 
 appear to have been prepared in the office of his attorney in a very 
 formal style ; they are all in the same language, and evidently 
 circulars ; and he sent them round to various officers whom Roger 
 Tichbome had known, and this is one of them, addressed to Captain 
 Polhill Turner, of the 5th of July, 1867:— "Dear Polhill— No 
 doubt you have seen by the papers that I have returned to England 
 afiter a long absence and that I have to go to Law to get my Estates. 
 I intend to see all my old Brother officers. Will it be convenient 
 for you to see me if I call upon you some day next week. If so 
 I will do myself the pleasure of taking a journey for the purpose." 
 Captain Polhill Turner resided in the country, in the neighbourhood 
 of Bedford. He answers the defendant saying he will be happy to 
 see him at his place in Bedfordshire, and if he would come and have 
 lunch with him they might have their talk, and the defendant and 
 he might be better acquainted. Then on the 9th of July the defen- 
 dant writes, " I have much pleasure in accepting your kind invitation 
 for Wednesday next. Thanks for your letter. You will find me 
 much stouter than I was in the Carabineers. Yours faithfully, 
 R. C. D. Tichborne." But, instead of the defendant going down as 
 iuAated, and as he had agreed to do by accepting the invitation, he 
 sends a telegram : " From Sir Roger Tichborne of Croydon to 
 Captain Polhill Turner liaybury Hall Bedford I am suddenly 
 obliged to go into Hampshire this morning to see most important 
 witnesses who are going away Excuse me therefore being with you
 
 ( 742 ) 
 
 to day as arranged I Avritc you by this post." Then lie Avrites to 
 him: " 10th July, 1867. Dear Polliill I mtended doing myself the 
 pleasure of calling upon you to day. But my Solicitor found it 
 necessery" — he had got nearer the word " necessary," still he writes 
 an " e" instead of an " a" — " that I should start for Hampshire to 
 see some Friends Avho are about taking a Journey. And its very 
 important to my case that I should see them. But I hope it will not 
 be long before Ticli and yourself meets." On the 10th of July he 
 writes a letter to Lady Tichborne, which shows that the acceptance 
 of this invitation Avas altogether delusive. He had sent this circular 
 to Captain Polhill Turner, but never meant to go near him. It 
 would look as if he did not feel that Captain Polhill Turner was 
 a person whom as an old brother officer he would like to encounter. 
 Captain Polhill Turner had been the captain of the troop into which 
 Roger Tichborne was promoted or transferred as lieutenant. 
 
 The letter of the 10th of July is as follows :— " My D.ear Mamma 
 
 I saw Mr. Holmes has soon as I got back from the station. I told 
 
 him I did not entend to go to Lunch with Polhill at Bedford at all. 
 
 I told him what I thought, and he was quite satified. He had 
 
 receved a letter from Alresford saying. Mr. and Mrs. JMarks. Avcre 
 
 about leaving to go to Spithead. and they wished to see me at once. 
 
 as it was nesessary for them to see me again before they made their 
 
 Affidavids So I entend to start by the 11.40 train from Waterloo. 
 
 I shall only be away a few days. I will be sure and Avrite to you 
 
 every day. I am also agoing to call upon Mr. Scott of Hotherfield 
 
 park and the two Miss Onslows. as I wish to get their affidavids. 
 
 before I come back. I told you I would not go to Bedford, and 
 
 I am not agoing. I hope my dear INIamma you will Avrite and tell 
 
 me how you are and what going on. and when Mr. Tucker will want 
 
 me up to sign the Bond for the money. I will call on Mr. Norris 
 
 Avhen I come back but I will let you know so that you can meet me 
 
 there. Agnes. Iloger Joseph and Mary, are quite well, and jolnes 
 
 me in Love to you. my dear Mamma. I hope Joseph comes before 
 
 I start. But I write this in case he does not. God Bless you, my 
 
 dear Mamma. Mr. Leete called just before bed time and stayed for 
 
 a few minutes, he wished me to remember him to you. he is quite 
 
 well. This from your ever Affectionate Son E,. C. D. Tichborne." 
 
 This letter was read to the defendant on his cross-examination, and 
 
 he was asked the meaning of his having accepted the invitation of 
 
 Captain Polhill Turner, when from the letter it Avas apparent he had 
 
 no intention of going to Bedford at all. His answer is—" My 
 
 mother did not wish me to go ; I think she had an objection to my 
 
 going. Q. Had she? — Yes; I think so. Q. An objection to your 
 
 going to Bedford ? What was it ? — I do not know, I am sure : 
 
 I have some idea that she had some objection to my going there.
 
 ( 743 ) 
 
 Q. Have you an idea that she communicated tliat objection to you 
 before you wrote to Captain Polhill ? — No ; I think not before 
 I wrote to Captain Polhill. Q. Why did you Avrite to say you 
 Avould have much pleasure in acce})ting his invitation ? — There is no 
 doubt when I wTote the letter I intended going. Q. That is the 
 day before only — the 9th of July ? — Which letter is the 9th ? 
 Q. On the 9th of July yoii say you have much pleasure in accept- 
 ing his kind invitation ? — Just so. Q. Then, on the 10th, you say 
 you are suddenly obliged to go to Hampshire, and on the same day 
 you tell your mother that you had told Mr. Holmes you Avould not 
 go at all : perhaps you will explain that ? — It appears to me rather 
 a difficult matter to explain after the length of time. Q. So it 
 appears to me ? — There is no doubt that there was some cause at the 
 time, but I cannot recollect what it was. Q. And particixlarly as 
 you tell Mr. Holmes what you thought, not what your mother 
 thought, ' I told him what I thought ?' — Well, I wonder what it was 
 I told him, for I am sure I do not remember. Q. And in that 
 letter you told him you hoped you would see him before long. If 
 
 you have any explanation No ; I have not : I do not know what 
 
 the cause of it was, I am sure." It appears Mr. and Mrs. Marks 
 were made the excuse for his not going. He -s^a-ites again on the 
 same day from Alresford, " My Dear Mamma I just send you 
 a few lines to say that I arrived quite safe here. I have spent the 
 afternoon with Mr. and Mrs. Mark and they are quite willing to 
 make Affidavid now. I am agoing to dine Avith Mr. Hopkins to 
 night Mr. Scott has invited me to lunch to Morrow. I will write 
 to you every day my dear Mamma, until I return. I am so glad 
 I did not go to see that Officer to day. I was very glad when 
 Ilolmes was agreeable for me to start for Hampshire, for I know 
 I am amongst Friends here. I told Mary to send your letter on to 
 me. They Avare all quite well when I left Croydon. I hope my 
 dear Mama you Avill send me a few lines every day. so that I shall 
 know how you are. God Bless you Mama dear Ever your Affi3C- 
 tionate Son R. C. D. Tichborne." 
 
 We have now got to the month of July, and in the early part of 
 that month, the time had come when the defendant Avas to take his 
 initiatory step to begin litigation, and the first step, as I told you, 
 Avas an application to the Court of Chancery, on making Avhich 
 ai)plication it Avas necessary that he should file an affidavit stating 
 particulars connected with himself, from the time of lioger Tich- 
 borne's leaving to the time of his (the defendant's) return; and he 
 stated those facts shortly, but in sufficient detail for the purpose for 
 A\diich the affida\'it Avas filed. On his making this affidavit and 
 filing it, the opposite party Avere entitled to cross-examine him upon 
 it. They gave him notice of their intention so to do, and a barrister,
 
 ( 744 ) 
 
 Mr. Roupell, -was appointed by the Court for the purpose of taking 
 the evidence. 
 
 It here becomes important to consider what sources of information 
 the defendant was at that time possessed of, independently of his own 
 mind and memory, to enable him to answer the questions Avhich were 
 certain to be put to him on cross-examination on that affidavit. If 
 he were Roger Tichborne, he would know the things about which 
 he would be asked, but, inasmuch as one view of this case is that he 
 is not lioger Tichborne, we have to see whether Ave can account for 
 and explain the knowledge Avhich, if he Avere not Roger Tichborne, 
 he Avould ostensibly, but only ostensibly, possess. Let us see hoAv the 
 matter stands in that respect. In the first place, he Avas in constant 
 intercourse Avith Lady Tichborne. He Avas not living with her 
 at that moment, because she had left Croydon, and Avas residing at 
 an hotel in toAvn; but he had had Lady Tichborne for some time 
 living Avith him, and although she Avas no longer liA'ing AAath him, he 
 Avas in constant communication with her. Noav it Avould be quite 
 inconsistent, I think, Avith truth and justice, and certainly Avith the 
 vicAvs I have already expressed, to suggest that Lady Tichborne 
 would have lent herself to what she believed to be a fraud ; but she 
 started fi-om the beginning by assuming and believing that any 
 ignorance that the claimant might display Avas not to be set doAvn 
 against him in the account, because she believed his memory had 
 become impaired, and his brain more or less disordered, by all he had 
 gone through; and Avhen he could not state a thing that Roger 
 Tichborne might have been expected to knoAv, that was to be ascribed 
 to the loss of memory ; and Avhen he stated things Avhich it Avas 
 quite impossible Roger Tichborne, under any circumstances, could 
 have been supposed to state, that Avas put down to the disordered 
 state of his intellect. That being so, and she being confident he Avas 
 her son, she would naturally seek to assist and befriend him in this 
 state of helplessness of mind and memory ; and, instead of being 
 struck by inconsistencies and contradictions Avhich Avould have startled 
 anybody else, she only saw in them additional reason for coming to 
 his assistance. Therefore, I do not think there is any doubt that 
 wherever Lady Tichborne saw him in fault, she Avould, as far as in 
 her lay, come to his aid. 
 
 Besides that, he had scA'eral other sources from which he might 
 derive information. He had brought Bogle over Avith him, who kncAV 
 everything that had happened in the family for years, certainly during 
 all the period Roger Tichborne was living in this country and Avas in 
 the habit of fi-equenting Tichborne. 
 
 Then there Avas Baigent, avIio had become an active ally, and Avho 
 seems to have been a gentleman Avho was not particularly scrupulous 
 as to the means he adopted for being useful to his friend ; for this Avas
 
 ( 74.3 ) 
 
 the gentleman wlio went about the country taking notes of wliat 
 Carabineers and other people who were brought into the dei'endant's 
 pi'esence said, and then, liaving prepared affidavits, issued and circu- 
 lated those affidavits, so as to prepare tlie minds of persons, who were 
 afterwards to be dealt with, for accepting the defendant as the true 
 man. And that is not by any means all ; for we find that the state- 
 ments taken from the lips of the different witnesses, and afterwards 
 moulded into the form of affidavits, were, in several instances, as has 
 been proved in the course of these proceedings, most materially 
 expanded, enlarged, and altered for the better, under the skilful 
 manipulation of Mr. Baigent. Nobody knew more about the Tich- 
 bornes than Baigent, because he had been for some time collecting 
 materials for writing a history of the family, and he was by profession 
 an antiquary and archfeologist, and knew all about it. 
 
 As regards the life in the army, the defendant had taken McCann 
 into his establishment, without requiring any service from him, just 
 as he had brought Bogle over to this country most unnecessarily. 
 There was not the slightest reason why he should have put himself 
 to the expense of bringing Bogle over. He was settled in Sydney, 
 and surrounded by his family. In the same way he takes McCann 
 into his establishment (I will not say service, for McCann did 
 nothing) just at this period, when every scrap of information concern- 
 ing the military life of Roger Tichborne might be of infinite value. 
 Carter and McCann knew Roger's military life ; Carter had been 
 with him from 1851 till he Avent abroad, and, before that, he had 
 been in Captain Morton's service, an officer Avith Avhom Roger was 
 intimate. Carter had been in the service of officers in the regiment, 
 and so was in the regiment during the whole period of Roger Tich- 
 borne's life in it. Those three persons. Bogle, Carter, and McCann, 
 were persons whom it Avas not necessary for the defendant to take 
 into his service, and aa'Iio he knew, if the matter came to trial, Avoidd 
 certainly be called as Avitnesses on his behalf. Noav I have no hesi- 
 tation in saying that it was a most irregular and improper thing to 
 take into his service, or into his household, persons thus circumstanced, 
 who coidd afford him information on matters as to Avhich he Avould 
 afterAvards have to be examined, and as to which he ought altogether 
 to have kept aloof from extrinsic sources of information. When 
 you are going to call a man as a Avitness he ought to be independent 
 of you, as far as the thing is possible. I do not mean to say that if 
 the evidence of servants or persons in your employment or establish- 
 ment becomes necessary, you are to turn them aAvay, because they 
 are afterAvards to be your Avitnesses. Nobody would expect anything 
 so extravagant as that; but when you Avant persons to come forAvard 
 on your behalf as Avitnesses, the last thing you Avould think of is to 
 take them into your establishment ; especially to take them into your
 
 ( 74G ) 
 
 establishment not for the purpose of service, but where they are to be 
 entirely dependent on your bounty. The defendant might not have 
 been aware, not being conversant Avith the administration of justice, 
 that this course of conduct would be open to reprehension or be likely 
 to prejvidice him afterwards. But how his attorney, Mr. Holmes, 
 could have allowed him to do this I cannot understand. Mr. Holmes, 
 the moment he heard the defendant was going to take Carter into 
 his service, or to take McCann into his establishment, and allow him 
 to live on his bounty and charity — for it Avas no more — ought to have 
 said to him, " Do not do that on any account; you Avill expose your- 
 self and these people to serious observation ; it Avill naturally be said 
 you have taken them into your establishment for the purpose of 
 obtaining information from them, and also of so attaching them 
 to you, that they \vill afterAvards be unhesitating Avitnesses on your 
 behalf. Do not do it; it Avill expose you to observation Avhich you 
 had much better avoid." Mr. Holmes does not appear to haA'e made 
 such a suffo-estion to the defendant. I do not knoAv if Mr. Holmes 
 had any reason for alloAving conduct so exceptional; I can only say 
 I hope there is not any other solicitor aa^Iio Avould take the aIcav 
 Mr. Holmes appears to have taken of these proceedings, or Avho 
 would not have induced his client to abstain from taking so objection- 
 able a course. HoAvever, these people Avere about him, and you will 
 have to judge by-and-by whether they were made available for his 
 purpose. Do not let it be supposed that I mean to say Carter, or 
 McCann, or Bogle were leagued Avitli him in what is called a conspi- 
 racy to enable him to commit this fraud, if it shall appear to you 
 by-and-by to be a fraud. It is Avholly unnecessary to believe any- 
 thing of the kind; and yet they might very easily be made available for 
 his purpose, if the purpose AA^as a dishonest one. For, a clever man 
 like the defendant Avould not have the slightest difficidty in extracting 
 from these people, in the course of an apparently casual conversation, 
 any information they possessed and Avhich he wanted to obtain from 
 them. It would be the easiest thing in the Avorld. Suppose Carter 
 Avas occupied in his business in the stable, and the defendant was 
 aAvare that some particular officer Avas coming doAvn to see him. He 
 Avould get into conversation in the most natural and apparently artless 
 Avay about this officer: he AA^ould say, "Do you remember Captain 
 so-and-so ? He Avas in our troop, or he Avas in such a barrack or such 
 a ])lace," and immediately the man to Avhom this Avas addressed Avould 
 bring up matters connected Avith the officer in question. I do not 
 say this did happen, I only say it might happen, and in that Avay 
 information might be extracted. If a man is perfectly unconscious 
 that he is being played upon and made the tool of another who is 
 thus dealing Avith him, nothing is more easy than to lead him into 
 conversation, and you may get fifty things out of him. You begin
 
 ( 747 ) 
 
 conversation about sonietliing- connected with the regiment ; a man 
 is pleased to talk of old times; he goes on talking; one thing leads 
 to another; he mentions some circumstance or some anecdote; he 
 mentions some particidar name in connection with some particular 
 event; all of Avhich is treasui-ed up in the mind of the man who 
 knows he may have to use it, and it is brought forth and made avail- 
 able when the opportunity arises. All 1 mean is, that this is perfectly 
 possible ; and a man who surrounds himself with sources of informa- 
 tion of that kind, in defiance of ordinary considerations that ought to 
 operate on him, is necessarily exposed to observation and to inferences 
 that may be drawn from the exceptional line of conduct he thinks 
 proper to pursue. 
 
 Before I quit the persons from whom information might be 
 obtained, there Avas also, besides these, another person; that very 
 remarkable witness. Miss Braine, Avho not only came forward as a 
 Avitness for the defendant, but aa^io Avas staying in his house for 
 months at a time, a singidarly intelligent person, Avho in the twelve 
 months that she stayed at Tichborne Avith Lady Doughty, you may 
 depend upon it, acquired a great deal of information about the 
 Doughty and Tichborne families, and everything connected Avith 
 them ; and you Avill have, Avhen you come to her evidence, to consider 
 Avhether the course pursued does not fairly lay her open to the 
 observation of liaAong probably afforded the defendant any assistance 
 it might have occurred to her that he required. 
 
 Passing from the persons by whom he Avas surrounded, let us see 
 AA'hat documentary evidence he possessed. First as to the life of 
 Roger Tichborne at Paris : about that there Avas no document which 
 he could obtain which Avould throAV light on it. Next came the life 
 of Roger Tichborne at Stonyhurst. Does he do anything to prepare 
 himself for that ? His attorney takes care to get a list of the Stony- 
 hurst fathers, so that, if any question should be asked about the 
 Stonyhurst fathers and the people Avho Avere in authority at Stony- 
 hurst during Iloger Tichborne's time, that might be forthcoming as 
 a source of information. Did that come into the hands of the 
 defendant ? On that there Avas a very great struggle. On his cross- 
 examination he positi\'ely denied ever having seen this list, and 
 denied in the strongest terms all knoAvledge of its having been 
 supplied. He is asked, " Did not Mr. Anthony Norris procure, and 
 charge for procuring, a list of all the fathers of Stonyhurst for Lady 
 Tichborne to shoAV you? — I think not." Mr. Anthony Noms Avas 
 at this time Lady Tichborne's OAvn solicitor, she having discarded 
 Mr. BoAvker and taken that gentleman in his place. " Q. AVill you 
 go further? — Yes, I think I could go a little further: to the best of 
 my belief he did not. Q. Do you knoAv Mr. Norris's handAATiting ? 
 — Yes : Avell I Avould not like to say I knew his handAvi-itiug.
 
 ( 748 ) 
 
 Q, Ilavo not you ever corresponded a\ itli him ? — Yes, I have 
 corresponded with him. Q. Do you really mean to say that 
 Mr. Norris did not procure for the Lady Dowager Tichbome, and 
 that you did not see, a list procured by him of all the fathers at 
 
 Stonyhurst ? — I have no recollection of it. Q. You have no recollec- 
 tion ? — No. Q. Will you swear you did not? — No, I will not swear 
 I did not, but still I do not believe lie did so. Q. This is since 1867, 
 since you returned to this country ? — Yes. Q. What I am putting 
 to you is a list of the fathers of Stonyhurst College, procured by the 
 Dowager's attorney for the Dowager, on the 11th of July, 1867, 
 about a fortnight before the examination before Mr. Roupell ; a list 
 of the Jesuit fathers of Stonyhurst College between 1844 and 1849, 
 during the period that Sir Roger Tichborne was there, forwarded 
 to him by Mr. Holmes for the purpose of seeing them. What do 
 you say to that ? — What I have to say to that is, I believe it is a 
 great scandal on Mr. Norris and a great imputation on Mr. Holmes ; 
 I do not believe it happened. Q. You do not believe that it 
 happened ; a great scandal on Mr. Norris and a great imputation on 
 Mr. Holmes? — Yes, I think so." Then a long discussion takes 
 place on the admissibility of these questions. That being got over, 
 the Solicitor-General says, "Now what I asked you I ask you again, 
 whether you mean to swear Mr. Holmes, your attorney, did not send 
 to Mr. Norris, the DoAvager's attorney, with your knowledge, a list 
 of the Jesuit fathers, from 1844 to 1849, to be perused and checked 
 
 by him : I will tell you Mr. Serjt. Ballantine : Do not tell 
 
 him anything. The Solicitor-General: I have a right to tell 
 him this, because it is perfectly legitimate. I have sent for 
 Mr. Norris's bill. Mr. Serjt. Ballantine: No, that is not 
 legitimate. The Claimant : I am speaking from memory, and 
 all I can say is, I have no knowledge whatever of it. The 
 Solicitor-General : No knowledge of what ? — I have no know- 
 ledge whatever of that paper you are speaking of, and it stands to 
 reason — it is plain it is. Is it possible, if I had such a document, I 
 would go a fortnight afterwards and be examined and not remember 
 any man who was there ? Q. That depends : I am asking you now 
 on a question in which you say you had remembered them all just 
 before, and had been talking about that ? — No doubt. Q. Had you 
 the materials for knowing them all just before and talking about 
 them ? — Certa,inly not. Q. That you swear ? — That I swear, no 
 more than my memory. Q. Will you swear you did not see that 
 list? — No, I will not swear. Q. You will not swear? — Certainly 
 not : I cannot remember every document I have seen. Q. And read 
 it ? — No, I do not believe I did. Q. Will you swear you did not ? — 
 It is a very hard thing to SAvear, because one cannot remember every 
 paper and document they have looked at in their lives. Q. What I
 
 ( 749 ) 
 
 am putting to you is a list of the Jesuit fathers at Stonyhurst from 
 1844 to 1849, while Sir Roger Tichborne was there, which I suggest 
 to you was sent by your own attorney to the Dowager's attorney to 
 be perused and checked ; there are not many such documents. Now 
 I ask you on your oath — you will not deny that you saw it — will you 
 swear that you did not read it ? — I do not believe I did. Q. Will 
 you swear you did not ? — Well, I do not like to swear to a thing. 
 Q. Eh ? — I do not like to be so careless to swear to a thing like that : 
 In the first place, if Mr. Holmes had it, I do not believe he would 
 have allowed me to see it." Well, they get Mr. Non-is's bill, in 
 Avhich there Avas an item charging for having obtained this list, 
 having it corrected, and sending it to Mr. Holmes. Afterwards the 
 subject is resumed, and the Solicitor-General says, " The jury will 
 recollect about the list of the Jesuit fathers which was procured, 
 which was sent by Mr. Holmes to Mr. Norris for perusal and cor- 
 rection. We desired Mr Holmes to produce it, and he tells me it 
 was handed to the claimant. We have given notice to produce it. 
 Do you produce it ? — I have no recollection ; I am not aware that I 
 have seen it. Mr. Serjt. Ballantine : I concede everything that 
 is necessary for my learned friend to ask that question. Q. Will 
 you swear that Mr. Holmes did not give you that list ? — Certainly 
 not. If Mr. Holmes says he did I have no recollection of his doing 
 it. Q. You have no recollection of receiving fi-om Mr. Holmes a 
 list of the fathers of Stonyhurst, perused and corrected by Mr. Norris ? 
 — No, I have not. Q. The Dowager Lady Tichborne's attorney ? — 
 No, I have not. Q. Did you think it of no importance ? — I really 
 cannot say, inasmuch as I do not remember anything about it." Then 
 Serjeant Ballantine admits that Mr. Plolmes did get this from 
 Mr. Norris, and then the Solicitor-General says, " A list procured by 
 your attorney, sent to the Dowager's attorney for connection, corrected 
 by the Dowager's attorney, and returned to your attorney, and by 
 your attorney handed to you. Do you mean to say that you cannot 
 tell me when that was ? — No, I cannot indeed. Q. When did you 
 receive it ? — That I do not know, because I do not say I did receive 
 it. Q. Your counsel is good enough to admit that you did receive 
 it from Mr. Holmes. Mr. Serjt. Ballantine : There is an entry 
 in Mr. Holmes's book. The Solicitor-General : Yes, an entry in 
 Mr. Holmes's book shoAving that he handed it to you. The date 
 which is fm*nished by Mr. Holmes is the 22nd July, 1867. You 
 were examined before Mr. Roupell in Chancery on the 30th or 31st 
 of July, and the 1st of August? — Yes. Q. Now you received this 
 list procured by your attorney, I think, corrected by the DoAvager's 
 attorney, aa'Iio charged for pervising and correcting it, returned to 
 Mr. Holmes, given to you on the 22nd of July, the examination 
 being on the 30th and 31st of July. Do you mean to say you do
 
 ( 750 ) 
 
 not know what became of it ? — I do not : I am not aware that I have 
 ever seen it." Then he is very much further pressed on this matter. 
 He persists in saying he does not know what has become of it. He 
 has no remembrance of having seen it, and he is asked at last, 
 " What do you say about what you said about its being a great 
 scandal on Mr. Norris and a great imputation on Mr. Holmes ? — 
 I do not believe it happened. Q. Do you say that now ? — Well, I 
 cannot: if Mr. Holmes says it did happen, of course I have no 
 right to contradict. Q. You cannot, because it did happen, now that 
 ]\lr. Holmes says it happened. Are you of opinion still that it is a 
 great imputation on Mr. Holmes and a scandal on Mr. Norris ? — 
 No, I do not know that I am. Q. Did not you perfectly well know 
 when you gave me that answer on the 13th of June, that you had 
 had that from Mr. Holmes, your own attorney, about a week before 
 your examination before Mr. Eoupell ? — I do not know it, or I should 
 not have passed that remark if I had. Q. Is that true ? — Is what 
 true ? Q. Your last answer ? — Yes, it is." It is therefore certain 
 that this list of the Jesuit fathers, having been corrected, did reach 
 the hands of the defendant, and one must suppose it was not procured 
 without some purpose, and the inference Avhich may be dra^^^l from 
 such a list having been obtained is, that the defendant, from forget- 
 fulness if he was Roger Tichborne, or from ignorance if he was not, 
 was not aware of the names of the authorities in Stonyhurst in his 
 time, and therefore this list was procured. Whether he made diligent 
 use of it is a totally different matter ; but that it was procured for the 
 purpose of refreshing his memory, or affording him information, as 
 the case may be, can scarcely be doubted. So much for any docu- 
 ment relating to Stonyhurst. 
 
 As regards his life in the army, official papers were procured, a 
 fact which, of course, was unknown to the various officers and soldiers 
 with whom he came into communication. A paper was procured 
 li-om the Horse Guards at the instance of the defendant's advisers, 
 which gave a detailed account of all matters connected with the 
 service of Roger Tichborne individually ; and also a second and more 
 elaborate paper, containing all the details and particulars relating to 
 the movements of the regiment, and mentioning the names of the 
 different officers and the dates of their promotion, and various other 
 particulars connected with the regiment during the time it was in 
 Ireland, and afterwards when it Avas at Canterbury. To a man Avho 
 took the trouble to study these papers, there was a rich mine of 
 information relating to Roger Tichborne and the regiment, of which 
 a person disposed to make iise miglit, of coiu'se, readily avail himself. 
 When, therefore, the defendant came into contact with the various 
 officers and soldiers connected with the i-egiment, he would have at 
 hand a variety of details aaIiIcIi he could make available ; and again,
 
 ( 'ol ) 
 
 from his conversation with them he would gather information which 
 might be brought forward afterwards. 
 
 At the same time, it is not absolutely necessary, because those 
 papers were obtained by the advisers of the defendant, and he had 
 the opportunity of studying them, to come to the conclusion that this 
 was done because he was not Roger Tichborne. For there are many 
 things connected with a man's career that, ten or twenty years after- 
 wards, may have slipped out of mind and memory. If any one of us 
 knew Ave were going to be examined in a court of justice on matters 
 connected Avith our past history, Ave might be desirous of refreshing 
 our memories. If a man had a diary, or had documents to which he 
 could have recourse relating to his past life, he might say, inasmuch 
 as I may be asked about past events and may not have ansAvers ready 
 at a moment, let me go through the documents Avhich Avill refresh 
 and revive my recollection, and enable me to give satisfactory ansAvcrs 
 rather than be at a loss, and have it supposed either that I am not the 
 individual I represent myself to be, or that I have knoAvledge on 
 these subjects and have an object in concealing it. I quite under- 
 stand, therefore, that a man's attorney might get such documents for 
 his use, and the man might use them quite fairly and quite legiti- 
 mately Avithout having any dishonest idea in his mind at all. All 
 I mean to say is that papers of that kind, Avhile they might be 
 legitimately used, might also be made aA'ailable for a dishonest pur- 
 pose — that of informing a man as to matters, not Avhich he had 
 forgotten, but which he had ncA^er knoAvn. 
 
 Besides those papers there Avere the letters — and possibly it was to 
 those letters that the passage in the letter of the 20tli of April to 
 Lady Tichborne, asking her Avhether she had found some of the 
 letters, may refer— the letters of Roger Tichborne to his father and 
 mother, many of Avhich had been kept, and some of Avhich — Avhether 
 all Ave haA^e no means of knoAving — liaA'e been produced before us. 
 The letters AA'hich came fi'om South America gave a copious and 
 detailed account of Roger Tichborne's proceedings there. You know 
 that he sent to Lady Doughty a long extract from his journal, Avliich 
 contained an account of all his moA^ements from the time he landed 
 at Valparaiso to the time Avhen, having crossed the Pampas, he came 
 doAvn to Buenos Ap-es. He had promised some time before to send 
 a like extract to his mother. Having promised this, it is probable 
 he did send a copy of the extract to his mother at the same time that 
 he sent one to Lady Doughty. He had full opportunity of sending 
 it to his mother at the same time, and one can see no reason why he 
 shoidd not have fulfilled that promise ; and, though the defendant 
 on his cross-examination denied having sent his joui-nals home to his 
 father or mother, he has himself in another part of his re-examination, 
 when he Avas being asked about another subject, stated that he did
 
 ( 752 ) 
 
 send a copy of that jom-nal to his mother. On his cross-examination 
 he was asked: "At the time that you sent yom' daguerreotypes home 
 to Lady Tichborne, did you at the same time send home to Sir 
 James and Lady Tichborne your journals ? — I think not. Q. Upon 
 your oath, did you not send home to Sir James and Lady Tichborne, 
 at the same time you sent your daguerreotype, your journals ? — I 
 believe not. Q. Will you swear you did not ? — I have no recollec- 
 tion of having done so. Q. Will you swear you did not ? — No, I 
 cannot swear I did not. Q. Did you keep journals ? — Yes. I did keep 
 a diary. Q. You did keep journals? — I do not know about journals. 
 I kept a diary." But on re-examination by his own coimsel, with 
 reference to the passage across the Andes, and the accident to the 
 mule, the defendant asserts that he sent the same extract from his 
 journal to his mother as he sent to Lady Doughty. Serjeant 
 Ballantine asked him with reference to the accident : " Was there 
 any English person with whom you had any acquaintanceship 
 coming up in that way ? — No ; excepting those I wrote to about it. 
 Q. Then nobody but those you wrote to on the subject knew 
 anything about it ? — No. Q. And Jules Barraut ? — No. Q. And 
 the letter you wrote seemed to have been to a Mrs. Seymour? — 
 I wrote a copy of that letter I wrote to my mother to Mrs. Seymour 
 too ; it gave the same statement, because I took it from my diary. 
 Q. You took it from your diary, and therefore gave the same state- 
 ments ? — Yes." We may be certain, therefore, that the same extract 
 from Roger's journal as Avas sent to Mrs. Seymour reached Lady 
 Tichborne. The defendant would not have made that statement 
 unless, if Roger, he had sent the extract, or, if not Roger, he had 
 seen it. 
 
 He says he took it fr-om his diary and sent it to his mother. Where 
 is the letter ? where is the extract ? Lady Tichborne would have 
 been as likely to keep it as any other of the letters he wrote her from 
 South America; indeed, more likely to keep it than any other, 
 because it was the one which contained the fullest details. If so, 
 where is it? Whether the defendant had seen the letters at the 
 time of his first examination must depend on whether Lady Tich- 
 borne had found the letters and the defendant had got possession of 
 them. That he had possession of them after Lady Tichborne's death 
 is certain. The letters, certainly all those which have been pro- 
 duced before us, were for some time in his possession. Lady 
 Tichborne died on the 12th of March, 1868. The letters and 
 documents belonging to her, which he was ordered by the Court of 
 Chancery to give up in order that they might be detained until the 
 issue of the litigation Avas determined, were all in his possession from 
 the date of her death until the month of June when they were 
 delivered up ; and if he was anxious that she should find some of the
 
 ( 753 ) 
 
 letters, it may be but reasonable to conclude that when for three 
 months he had them in his possession, he would take care to read 
 them, and if he did, and still more if he took any note of them, he 
 would have the South American information all ready to his hand. 
 I do not say he did this, I only say he had the opportunity of 
 doing it. 
 
 Then there is another head of information which is more or less 
 conjectural, but which still ought not to be lost sight of altogether : 
 What has become of Roger Tichborne's diaries? That Koger 
 Tichborne kept a diary is quite certain, and that he did so from a 
 comparatively early period. Whether he kept a diary when he was 
 at Stonyhurst we have no certain information, but we know that when 
 he came to reside at Tichborne House, Avhich he did in the latter part 
 of 1848, remaining there until the latter part of 1849, he did keep 
 a diary. Mr. Gosford — in whose office he used to come and sit and 
 read and write and do the work that he had to do, and who, there- 
 fore, constantly saw him, was asked whether Roger Tichborne kept a 
 diary. He says, " I know he kept one, as far as one can know 
 a thing that one cannot say one has seen. My reason for saying 
 I know it is that in conversation, when anything struck him, or he 
 met with some remark in anything he Avas reading, he would say, 
 ' I must make a memorandum of this in my diary.' And another 
 thing I can as Avell remember as yesterday, in lively conversation in 
 the drawing-room of an evening, I have heard him say to his Aunt 
 Doughty many a time, 'Ah ! that is very good, I shall put that 
 down in my diary.' Therefore I have not a shadow of doubt that 
 he did keep a diary, but I cannot remember that I ever saw him 
 Avriting in one. I should think there are members of the family who 
 can corroborate that." Lady Radcliffe is asked whether, to her 
 knowledge, Avhen at Tichborne, he kept a journal ? — " Yes, I know 
 he did. He frequently alluded to it. He frequently said, ' I will 
 enter that in my diary,' or words to that effect. Q. Have you any 
 scrap of paper which confirms your memory on the subject ? — Yes ; 
 I have." A paper Avas produced by her with these Avords, most 
 unquestionably in the handvv'riting of Roger : " I must try and write 
 something of my journal to night if I possibly can." So that it 
 would appear that he had allowed days to pass and facts to accumu- 
 late, and he seems to have thought to himself, " I must not delay 
 this any longer, I must try and Avrite something of my journal to 
 night if I possibly can." Lady Radcliffe is asked Avhere she 
 got that from, and she says, " He gave it to me at the time. 
 He wrote it on that scrap of paper. I forgot all about it, and 
 only found it last year just about the time of my own exami- 
 nation. There it is ;" and she produces it, and it is in the 
 undoubted writing of Roger Tichborne. That conclusively proves 
 
 3 c
 
 ( 754 ) 
 
 that he kept a journal at that time ; that he did so on his travels 
 is also quite certain from the fact of his having sent over an extract 
 from it. 
 
 Now the defendant agrees that Roger TichLorne did keeji a diary, 
 that is to say, he says he himself did. It is put to him : " You men- 
 tioned to my learned friend that while you were out in South America 
 and those parts you kept a diary : Avhen did you begin keeping a 
 diary? — You heard I kept a diary, where? Q. I thought you men- 
 tioned it to my friend ; I may be wrong, but at the time you were out 
 in the ' Pauline ' and afterwards in South America, I mean you had 
 a diary of what took place day by day: You said so, did not you? — 
 Yes, very likely. Q. I want to know when you began to keep a 
 diary ? — I think the diary I spoke of was one I alluded to in my last 
 trip to South America ; I think so. That is the diary I alluded to, 
 but I do not mind telling you, as you Avish to know, I did keep a 
 diary previous to that. Q. I thought you alluded to it, and I wanted 
 to know Avhen the habit began ? — That is very hard, but I daresay I 
 can do it. Q. Did you keep one at Stonyhurst ? Had you one as 
 early as that ? — No, I do not think so. Q. Are you sure ? — No, I 
 am not sure ? Q. What is your impression ? — My impression is 
 that I commenced a diary about 1852. I do not say I did not keep 
 one before, but to keep a regular diary. Q. You do not say you 
 did not keep a diary, but you began to keep it regularly in 1852, 
 that is what you say? — Yes. Q. When is the earliest time you 
 recollect keeping a diary at all ? — I used to make notes in a book 
 from time to time. Q. As far back as Stonyhurst ? — No, I do not 
 think as far back as my first days at Stonyhurst. Q. Your first 
 days— no; but I say at any period during the time you were at 
 Stonyhurst did you keep a diary ?— I believe towards the latter part 
 I did. Q. Then may I take it you kept it intermittently onwards, 
 and then in 1852 you began to keep it regularly? — Yes. Q. That 
 is a correct account of it, is it ? I may take it you left Stonyhurst 
 in 1849?" — That is a mistake of the Solicitor-General's; he left in 
 1848 — " Should I be wrong in saying you began to keep a diary, 
 from time to time, as far back as 1847 or 1848 ? — About the year 
 1848, I think. Q. What did you keep your diary in at that time — 
 pocket-books, or special diary books, or what ? — No, I think I used 
 generally to put a note in a pocket-book and then transfer it. Q. And 
 wdiat did you do wdth your diaries?--! am sure I do not know what 
 became of them ? Q. Did you leave them behind when you Avent 
 away to South America? — I do not know; I have not the slightest 
 idea what became of it ? Q. You took no heed ? — That is to say, I 
 do not know what became of them. Q. You did not take them with 
 you, I suppose? — I think not. Q. Have you seen them since? — 
 No, I think not. Q. Have you looked for them?— I do not think
 
 ( 755 ) 
 
 I have even thought of them. Q. You cannot tell me Avhether they 
 were left with Lady Tichborne? — No; they were not. Q. With 
 the relic and the other things?— No; they were not. Q. Then can 
 you tell me, as you know they were not left with Lady Tichborne, 
 where they were left ? — To the best of my belief they were left with 
 Mr. Gosford. Q. Left with Mr. Gosford ?— Yes. Q. To the best 
 of your belief? — Yes. Q. Did you ever ask him for them ? — I tell 
 you I have never even thought of them vuitil you asked me a question 
 about it." 
 
 This you see is virtually an admission on the part of the defendant 
 that there were diaries. He Avould know it of course if he is Roger 
 Tichborne, but he might also know it from the circumstance of the 
 diaries having been preserved and his having seen them. They 
 were not left with Gosford if we may believe Gosford's positive 
 assertion. Gosford denies that these diaries were ever left with him 
 at all. What became of them ? A man Avho keeps a diary keeps it 
 for the purpose of being able in after-life to revive his recollection 
 of past events by referring to minutes he himself has made. He 
 does not therefore destroy the record which he has thus purposely 
 made. W^hen Roger Tichborne was going away from this country, 
 while on the one hand he would not think of taking diaries of that 
 kind Avith him to the distant country to which he Avas about to go, 
 he certainly would not on the other hand destroy these memorials of 
 his past life; he would preserve them somcAvhere. Whom Avould 
 they be likely to be left Avith? Probably Avith flxther or mother, 
 and more likely Avith the latter. He Avent three times to Paris in 
 the last four months of his stay in England, and it is very probable 
 that he Avould take over there his papers and documents and things 
 he had any regard for. Or he may have left them Avith some one 
 here. Or he may have carelessly left them behind and they may have 
 fallen into some one's hands. They Avould have no interest for any- 
 body except for the immediate and near relations of the man Avho 
 had gone aAvay, more especially if he had had the misfortune to 
 perish ; and therefore in all human probability those documents, if 
 not left with mother or father, but Avith any one else, or if they had 
 fallen into any one else's hands, would be handed over to the father 
 or mother. If they were left Avith the father, Avhen the father died, 
 they woidd be taken possession of by the mother : if left with her, 
 they Avould naturally be preserved as precious relics of the son whom 
 she had lost, or Avhom, if not lost, she hoped to see again. Therefore 
 if diaries Avere kept by Roger Tichborne, there is nothing irrational 
 or extravagant in supposing that those diaries Avere preserved, and 
 if preserved, as the papers of Lady Tichborne came into the de- 
 fendant's possession, there is nothing irrational in supposing they 
 may have found their Avay into the defendant's hands. If that should 
 
 3 C 2
 
 ( 7o6 ) 
 
 commend itself to your judgment as a thing likely to have happened, 
 then we might find in the fact of those diaries having been preserved 
 and having got into his hands, the solution of more than one difficulty 
 over whicli at the present moment mystery hangs, and which Ave 
 have not, through the evidence, the means of explaining and clearing 
 up. It is only a possibility, I cannot say that it is a conclusion at 
 Avhich you must necessarily arrive. It is only one which I suggest 
 for your consideration as capable of affording a solution of some of 
 the difficulties by which this case is surrounded. 
 
 ONE HUNDRED AND SEVENTY-NINTH DAY. 
 
 Friday, February 13, 1874. 
 
 The Lord Chief Justice : Gentlemen, I mentioned to you 
 yesterday the different soiu'ces of information from Avhich it appeared 
 to me possible that the defendant might have obtained some assistance. 
 Whether he did, for the purpose of preparing for his examination in 
 Court, have recourse to the documents to which I have referred, or 
 to the information which the people by whom he was surrounded 
 could furnish him, is, of course, only matter of speculation. He 
 himself denied on his cross-examination that he had made any prepa- 
 ration for his examination at all, but then he was met by a letter to 
 Lady Tichborne of the 28th July, which certainly would point to a 
 different conclusion. It seems that he had made some eno-ao-ement 
 either to see her or go to her, which he did not keep, and he writes : 
 — IMy dear Mamma I did not go yesterday has I expected, was 
 surprised to hear that you Avas at Mr. Norris." — that Avas her attorney 
 — " if I had known it I should have been there to. I was quite 
 close by. I shall be in London all day to moiTOw preparing for my 
 examination on Tuesday, so I am affraid my dear Mamma I shall 
 not see you until Wednesday. I would not send another nurse " — 
 This relates to another matter, but there are words here to Avhich it 
 is necessary your attention should be specially directed — " I Avould 
 not send another nurse until you see me. It appears Elizaberth" — 
 not "beth" — "did not Avrite the letter, so ]\Iary says. But I have 
 the letter, and she wrote one to you. so we can compare them and 
 see. the Chilldren are all quite Avell, as I hope ]\Iy dear Mama you 
 are. I Avill Avrite again to-morroAv." You remember Arthur Orton's 
 way of Avriting the name " Elizabeth." The defendant spells the 
 word in the same Avay not only in this instance, but also in an 
 affidavit Avhich he drcAv up Avith his OAvn hand. Of course it Avas
 
 ( '-57 ) 
 
 copied in right when the clerk came to copy the affidavit, bnt in the 
 draft itself, which is in the defendant's own writing, it is spelt in that 
 Avay. That will be an important circumstance Avhen we come to the 
 Orton case, which we are fast approaching. Then he is cross- 
 examined as to having prepared for his examination, and he declares 
 he did not. When that last letter is shown to him for the purpose 
 of proving that he did, he says that was merely an excuse to his 
 mother to explain why he did not come to her. Beyond that I do 
 not know that any great importance attaches to it. 
 
 Gentlemen, on this preliminary examination, the defendant was 
 cross-examined and re-examined. I do not pro2)Ose, in the present 
 stage of this inquiry, to go into the subjects on which he was exa- 
 mined, or the ansAvers Avhich he gave ; because all that will more 
 properly find its place when Ave come to see Avhat were the tests 
 applied to the defendant to try his knoAvledge of the life of Roger ; 
 and I shall therefore reserve the observations I have to make upon 
 that till I come to that part of the case : but there are one or tAvo 
 things connected Avith his examination, Avhich took place on the 30th 
 and 31st July, and the 1st August, 1867, Avhich require a Avord in 
 passing. This Avas the first occasion on Avhich the defendant appeared 
 in public, and the first occasion on Avhich any member of his family 
 Avhom he had not sought, or who had not sought him, had an 
 opportunity of seeing him, and they Avere present in considerable 
 numbers on the occasion. Lady Doughty was there ; Lady Rad- 
 cliffe Avas there, Avho had already seen him ; Mrs. Washington 
 Hibbert was there, Avho had not seen him ; Mrs. Greenwood was 
 there, Avho had not seen him, as Avell as her husband. Colonel 
 GreenAvood. Then there Avere the two Messrs. Seymour, one of 
 Avhom had seen him and the other had not, and there Avere four 
 officers of the Carabineers, All those Avitnesses say that the defen- 
 dant failed altogether to recognise them, and a great deal has been 
 made out of that on the part of the prosecution, naturally enough, 
 on the ground that it Avas an extraordinary thing that Roger Tich- 
 borne should be there in the presence of so many persons Avith Avhom 
 he had been familiarlv intimate and should not recos-nise them or 
 take the slightest notice Avhatever of them. Well, the force of that 
 argument depends very much on the meaning to be attached to the 
 Avord " recognise." If by that Avas meant taking outAvard and visible 
 ■ notice of them by going up to them and boAving to them, or pro- 
 posing to shake hands, or offering any of those signs of recognition 
 Avhich are customary between people acquainted with one another, I 
 do not feel the force of it, because I quite agree with Avhat the learned 
 counsel for the defendant said : I do not think that, looking to the 
 peculiar position in Avhich the defendant Avas placed at that time, it Avas 
 to be expected that he should seek any recognition outwardly from these
 
 ( 758 ) 
 
 parties. He knew perfectly well, fit all events as regards tlie Messrs. 
 Seymour and the members of the Tichborne family, that they disbe- 
 lieved in him, and looked upon him as an impostor. And I must 
 say I do not think a man can be expected to go up to people in a 
 public room, where there are a number of persons present, and stand 
 the chance of meeting with a rebuff, which would in all probability 
 have been the case if he had gone up to speak to Lady Doiighty or 
 to speak to any of the others. They would have said, " We know 
 nothing of you." Therefore, I do not think that argument has much 
 weight. I quite agree Avith what Dr. Kenealy said about that. He 
 also said it might have been pride, and treated it as the feeling of a 
 proud man Avho Avould not stoop to ask recognition from persons 
 Avho he kncAV Avei'e adverse to him. I should be more inclined to 
 accept the explanation on the lower ground, which is, that he was 
 not called upon to expose himself to the mortification, Avhich Avould 
 probably have attended such a proceeding on his part, of meeting 
 with a repulse in the face of the persons assembled. But there is 
 another form of recognition Avhich perhaps may apply in this case. 
 You may go into a room full of people, and may see some one 
 there Avith \Adiom you are perfectly acquainted, but Avith AA'hom you 
 are, from some circumstance or another, not on speaking terms. 
 I take it, that if, under such circumstances, your eyes met, you 
 would be perfectly conscious of the presence of the person Avhom you 
 kncAv but did not desire to speak to, and he, in like manner, would 
 be perfectly conscious of yours. There is a sort of look Avhich comes 
 over the face, a look of the eye, AA-hich tells you AA'hether you are 
 knoAvn or not. Several of those Avitnesses say they looked at the 
 defendant, and he looked at them, fi-om time to time, Avliile this 
 examination Avas going on, and there did not pass across his face 
 the slightest sign of recognition. Amongst others, ]\Ir. Alfred 
 Seymour tells us that he Avent into the room before the examination 
 began ; that he Avas in the room ten minutes, looking the defendant 
 full in the face, standing opposite to him, so that he could not fail to 
 see him, and that his strong impression is that the defendant had 
 not the most distant knoAvledge of him ; and so Avith one or tAvo other 
 of the Avitnesses. Noav, if that Avas a failure of recognition on the part 
 of the defendant, I should think it a circumstance well Avorthy to be 
 taken into account ; because I should hardly suppose that Roger would 
 find himself in the presence of persons Avith Avhom he had been so 
 intimate, his own relations, and that there Avould not pass over his 
 face some indication of his knoAving they Avere there, although he 
 might not choose to speak to them. With regard to the officers, 
 perhaps the remark I made in the defendant's favour does not so 
 strongly apply, and for this reason, he could not tell at that time 
 -Avhether they Avere fi-iends or foes. He had tAvo opportunities of
 
 ( 759 ) 
 
 recognising them, even if it were only in the most formal manner. 
 First, after the examination was over, as he was going down stairs 
 to hand Lady Tichborne to her carriage, he passed the officers 
 standing on the staircase, and they all say — there were foiu' of them, 
 General Jones, Avho had been the colonel of the regiment, INIajor 
 Phillips, who had been riding-master. Captain Fraser, who had 
 been quartermaster, and Captain Polhill Turner, who had been 
 captain of the troop in which Roger Avas lieutenant — they say he 
 passed them and took no notice of them whatsoever. His explana- 
 tion is that he knew at that time they Avere his enemies. IToav he 
 should know that I am not aAvare. They say they followed him 
 downstairs, and while he was handing Lady Tichborne into her 
 carriage they passed, and then stood to let him pass them again ; 
 and again, when he was going in the opposite direction, they met 
 him full front, looked him in the face, and he showed no sign Avhat- 
 ever of recognition. It may be that they were mistaken in the fact ; 
 I only give you their evidence. 
 
 I pass on from that examination for the present to the corre- 
 spondence, and I come now to a letter to Lady Tichborne of the 
 5th Sept., 1867. " I did not Avrite again yesterday as I promised. 
 But I hasten to do so this morning Mr. Cooke the gentleman I men- 
 tioned in my last letter as just started. He goes to Ireland to morrow 
 his Friends live at Clonmel. He has been away twenty nine years 
 and as only writen home to his Friends twice in all that time, and 
 they dont know he is on his way to see them noAv." He seems to 
 have been another of those persons Avho go away to Australia, and 
 do not communicate with their friends. Bear in mind that this 
 Mr. Cooke, the gentleman who you will find in the course of the 
 correspondence had become intimate Avith the defendant, Avas a 
 gentleman Avho Avas acquainted Avith the Kelletts and Captain 
 Sankey. I am not sure Avhether he was connected Avith them, but 
 he Avas so Avith people Avho lived in their immediate neighbourhood ; 
 so that Avhcn he came back, as he did after some months, and stayed 
 Avitli the defendant again, he Avould come back Avith the full recollec- 
 tion of the Irish friends and neighbours of his family, and of Captain 
 Kellett and Sankey, and so on, and Avould talk about them, AA'hercl^y 
 the defendant Avould acquire, if he had not before acquired, some 
 knoAvledge of those parties, and thus, Avhen he saAV Captain Sankey 
 Avould be able to converse pretty familiarly Avith him about those 
 friends and persons, and strike Captain Sankey, as he appears to 
 have done, Avith the extent of his information on that subject. " I 
 hope my Dear Mamma you Avill not drink any Water at paris, if 
 you do it will be sure to make you bad." That certainly is not the 
 expression of a person of education. " I hope, my dear Mama you 
 will send me your Address at Pau So that I can Avrite direct to you.
 
 C 7G0 ) 
 
 I seen jNIr. Holmes yesterday. And we arranged to meet Mr. Cooke 
 in Ireland in the End of September. Mr. Holmes wanted me to go 
 down to Eastbonrne and stay a week. But I declined I should very 
 much like to go to Calias " — by which I suppose he means Calais — 
 *' for a month I think it would do me more good than going to 
 Hampshire, for I am thrown into so much temptation there. Poor 
 Little Agnes was very unwell this last two nights. I think She Avas 
 suffering fi-om her double teeth. She is A great deal better this 
 morning. Dear little Roger is quite well and laughs at every one 
 he see now. I hope we have no truble with him in his teething. My 
 dear Mamma I have not yet receved any letters for you. from Mr. 
 Savare or in fact from anybody It very strange if he wrote, that the 
 letter did not come, praps he sent it to Dorset Street. I wish you 
 would ask him my dear Mamma, where he directed it to. So 
 that I can make some enquires about it." — The final syllable of 
 enquiries Avritten "res."— "I have not heard any think from 
 McKennel yet. he promised to write last Saturday. But he has 
 not done so. I think my dear Mamma it would be best to have 
 nothing further to do with him. I Avould call on him myself, only I 
 am forbiden " — written with one " d " — " to leave the House for a 
 few days. My Tailors address is 100 North End Croydon. His 
 name is Lodge. I dont know my dear Mamma Avhy you wanted it 
 but I have sent it. Mr. Hammond called on me yesterday and told 
 me he Avould have to take proceedings against me at once for his 
 Bill. He said that when he went to you. you refered him to 
 Mr. Holmes, and when he went to Mr. Holmes he refered him to 
 you and he was agoing to put up with it no longer. I dont know 
 what I am to do." — Now look at the rate at Avhich people were 
 plundering him — " I must give my Bill, a Thousand for one hundred 
 and fifty. I suppose. It really very A normous. But it cannot 
 be helped. It will play the duce Avith me after I am in " — tlien 
 comes that unspellable word; it should be "possession," but it is 
 here " proussion." — " I have just given Rosa the house maid. Notice 
 to quit this day month. I cannot put up with her sluvenly ways, 
 any longer, she seemes to get worse every day. Sarah the cook, is a 
 very Good servant, and I am very lucky to have got her. she gives 
 me no truble Avhatever. I hope my Mamma you will write me a 
 long letter, for you see I am keeping my promise and writing you 
 a long letter, every day. It very wet here and of cause it makes it 
 very unpleasant. But Ave must not grumble at God's Avill. My 
 dear Mamma I see they still are a going to try. the Bella plan. 
 Mr. Holmes got a letter from one spy yesterday. He had seen the 
 Men. Avho says, they were saved from the Bella." — What is meant 
 by "one spy "— Avhether a spy of Mr. Holmes', or of the other side, 
 with Avhom INIr. Holmes had got into communication, I do not
 
 ( 7G1 ) 
 
 know — "who says, they were saved from the Bella. He asked 
 them hoAV it Avas they got wrecked at Cape Hatteras. when the boat 
 was picked up near Rio He said that was easy explained, that a 
 heavy Sea. struck the ship two days after they left Rio and swep " — 
 without the final " t " — " the boat away. He forgot my dear Mama 
 that a part of the ship was picked up as well as the boat. All I can 
 say my dear Mamma is that I hope God in his great mercy, will 
 forgive those wicked people, that as persuaded these poor Sailors to 
 pergure themselves for a few pounds." — perjure written with a " g " 
 — " I menshion this my dear Mamma. For I know that that person 
 is above the ordinary Class of Life. And one Avho ought to know 
 better"— I wonder to whom that would most appropriately apply — • 
 " My dear Mamma since Avriting the above, a gentleman has called 
 on me who I knew in Melbourne. This gentleman says, that I was 
 pointed out to him in Melbourne has a Son of Sir James Tichborue 
 By Mr. Hodges, w^ho was M.P. for Kent, and Avho I knew before I 
 left England. Avhen I was stationed at Canterbury. He says that 
 Mr. Hodges pointed me out to him and several other gentlemans. 
 Avho he named, and who I remember well. Now my dear Mamma 
 if this is true Of course his evidence will be of great Value to me. 
 I Avill let you know in my next, what becomes of it. I have just 
 sent for Holmes But I am affraid he started for Eastbourne. Mary 
 is quite well and joines me my dear Mamma in our Love to you. I 
 feel very anxious to know my dear how you are do let us know in 
 your next letter." 
 
 Then he writes to Mr. Rous on the 11th : " Dear Rous I have just 
 receved your kind letter. I am very sorry to hear your buisness is 
 so bad. I hope it will emprove before long. I am aifraid my dear 
 Rous the " — interest he should have Avritten, but it is — " entres you 
 have taken in my behalf has done you harm. But you may depend 
 I shall not let you loose by that. I should have been down last Aveek. 
 Had it not been that I receved some very important evedence. and 
 had to telegraph for Holmes to come up from Eastbourne. I do not 
 like to trust to paper So I shall reserve the pleasure until I come 
 down. Both of the Rabbits you so kindly gave me are now heavy in 
 young, And one of my others, had young this Morning. I saw Mr. 
 Yates Sen. yesterday he Avas rather surprised to see me he thought 
 he was agoing to see somebody else. I think by the way that he ay as 
 surprised. I shall not say much about him. I shall let him tell his 
 OAvn tale. Lady tichborne begs to be kindly remembered to Mrs. 
 and Miss Rous and yourself. She very much Avants to come down. 
 But I cannot bring her Avell at present. I long to get aAvay fi-om 
 this dull place. And have a day or tAvo shooting. But I am affraid 
 I shall not be able to getaAvay yet. I think a nother tAvo month like 
 this Avill put an end to all my trubles in this Avorld. Avhatever they
 
 ( 762 ) 
 
 may be in the next. But tlicy cannot be much worse than this. I 
 try to keep my spirits up but I cannot, I find. I begin to wander 
 very much at times. I have no doubt another four month will find 
 me in A Lunnitick Asylum " — a curious Avay of writing lunatic — • 
 "it to be hoped not for the sake of my Friends has w'ell as myself." 
 
 Then comes a letter of the 14th, written in an evil spirit certainly: 
 *' Dear Rous I receved your kind letter I shall be sure to start on 
 INIonday or Tuesday, as I have an appointment Avith Mr. Bulpitt on 
 Wednesday, (Morning). Please remember me to all friends. Mrs. 
 and Miss Rous shall be sure to see you next week. I suppose you 
 know I have one enemy the less in Harris death, my Enemy seem to 
 go by degrees. Captn. Strickland who made himself so great with 
 the other side went to Stonyhurst to see his Brother and died. A 
 week before that he call on me and because I was not in he abuse me 
 shamefully. So they will all go some day." Now, Ave learn from 
 that letter, written, as I say, in a bitter and evil spirit, a fact that we 
 did not know, and that is, that Captain Strickland, Avho had been the 
 friend of Roger's youth, and on such intimate terms Avith him and 
 his family, had declared himself on the other side, and Avas taking an 
 active part against him, Avhich Ave can only suppose, from a man in 
 his position, must have proceeded from a conviction, on the part of 
 Captain Strickland, that the defendant Avas not the man he repre- 
 sented himself to be. We should have knoAvn nothing of that, but 
 for the passage I have just read to you. 
 
 We noAV come to an incident in the progress of the intercourse 
 betAveen the defendant and Lady Tichborne, Avhich is not altogether 
 uninstructive, and that is the design of the defendant to take a place 
 in the neighbourhood of Alresford, called Itchen Abbas, " Abbas " 
 being the old Avord for abbot, and Itchen being the riA^er fi-om Avhich 
 the place derives its name. The defendant proposed to take that 
 place and live there instead of at Croydon ; and, inasmuch as this 
 Avould separate the doAA^ager, Avhen in England and living in London, 
 from him, it made her very angry. The subject gave rise to the folloAA^- 
 ing correspondence. "Swan Hotel Alresford Hants Sept. 23rd /67. 
 My ,dear Mamma I only receved your kind letter on Saturday. I 
 am staying doAvn here shooting Avith Mr. Bidpett. I hope my dear 
 Mamma you Avill not stay in Paris. The Avater is so bad. and Avill 
 make you bad, and ill. I have been here since Wednesday. I have 
 been out shooting every day since. I find it do me a great deal of 
 good. I Avas never better in my Health in my Life. I reccA^ed a 
 letter from Mary this morning. She quite well as also the Chilldren. 
 My dear Mamma I think it Avould be as well, if I took a House 
 doAvn' here. Inchino; AbA^s is to let. and I think it Avould suit me 
 so much better than Croydon. I find I could live for half the money 
 here. The rent is only 3. per Aveek. And every thing is so cheap
 
 ( 7G3 ) 
 
 ■here, to what it is in Croydon, and Inching Abjs is so secluded, no 
 Neaghbours to annoy us. But I will Avait my dear Mamma and take 
 your advice on the subject. Croydon is a very dear place and takes 
 every shilling from me. ware I ought to live on half the Money you 
 so kindly allows me. Mr. Haping" — I suppose that is meant for 
 Mr. Hopkins; if so, it must have been an accident in writing, 
 because he knew Mr. Hopkins's name quite well — " jNIr. Haping is 
 agoing to tiy and rise " — Avhicli is the vulgar use of the neuter verb 
 instead of the active. — " Mr. Haping is agoing to try and nse some 
 money for me. I have been to dine Avith him and avc talked the 
 matters over. I hope my dear Mamma you have arrived quite safe. 
 And I also hope my dear Mamma it Avill not be long before I 
 shall have the great pleasure of seeing you again. If you do 
 not like to come to England. I Avill come over and see you for 
 a few days. I forgot to menshiun I receved the Cheque, many 
 thanks my dear INIamma I have sent it away for to pay the Bills, 
 as I am a week behind Avith them. My Friends here are stiU very 
 kind to me. Everyone almost places their shooting at my disposal, 
 or rather command. I hope my dear Mamma soon to ha\'e another 
 letter from you. As it Avas xerj near a Aveek. betAveen the tAvo letters. 
 Mr. & Mrs. Rous begs to be kindly remembered to you. As 
 also Col. Lushington and several other Friends. I am agoin" — you 
 observe, Avhere anybody else Avould use the Avord "going," he 
 uses Avhat Avith persons of defective education is the more common 
 and vulgar expression " agoing " — " to call on Mr. Scott to-morroAV. 
 I have got my Horse here Avith me. But I find it very difficult to 
 ride on account of being so stout. Noav my dear Mamma all I 
 have to say. is God Bless you. and I hope our Holy Mother will 
 take care of you. no more at present from your affectionate Son, 
 R. C. D. Tichborne." Upon that letter this obsen^ation presents 
 itself: Itchen Abbas is Avithin a fcAV miles of Alresford, and a name 
 which must be avcII knoAvn to Hampshire people, and the Itchen is 
 as Avell knoAvn doAAn there as the Thames is to a Londoner — a name 
 Roger Avould be familiar with, and Avould knoAv hoAv to spell : there- 
 fore, it is remarkable that the defendant instead of Avriting Itchen 
 Abbas should Avrite it " Inchin Abys." We have another letter 
 fi-om him of the 24th. " My dear Mamma, I have just recev^ed your 
 kind letter, I think my dear Mamma you Avill find several letters at 
 Abble Salis Avaiting for you. I menshioned in one of my letters 
 that I was about to take Inchin Abbas" — Here he has "Abbas" 
 right, but the " Inchin" is still Avrong — " I have noAv taken it. As 
 I find it makes a great difference in my expenses. I can live here 
 comfortably for ten pound a Aveek. and it Avill serve my cause a great 
 deal, as all the Gentry will call on me. I hope my dear Mamma 
 you Avill not be angry Avith me for not Avaiting for your advice.
 
 ( 7G4 ) 
 
 I Tliouglit it would be better to take it at once. As other persons 
 were after it. I intend leaving Croydon about Tuesday, so if you 
 would not mind my dear Mamma I would like you to send me 
 Thirty pound and deduct it from the next week. So that I can pay 
 all the tradesmens before I leave, but I do not Avish you my dear 
 IVIamma to distress yourself. I might be able to borroAV ten pound 
 fi-om Mr. Bloxam. Bloxam is at NcAvmarket Races but he will be 
 home on Friday. I hope my my dear Mamma you will not drink 
 any water in Paris, it will be sure to make you bad. I have my 
 Horse down here, and drive round and see all my Friends. I call 
 to-day on Mr. Benson and Mr. Onslow, who receved me very kindly. 
 I have been out several day shooting with Mr. Bulpett. And I find 
 it as done me a great deal of good. I certainly was never better in 
 Health in my Life. Besides the exercise is making me a great deal 
 thiner. I find I can walk eight or ten miles without difficulty. I have 
 been over Ichin Abbas, to-day INIamma dear and it a beautiful place. 
 I hope my dear INIamma. you will come and stay a few days with me 
 when you come to England. Do not stay long my dear Mamma in 
 paris I know my dear JNIamma you Avill be ill. if you do. Please 
 remember me to Abbe Salis. and to INIr. Savage if you see him. 
 Hoping my dear Mamma you will write to me as soon as possiable. 
 I receved news that the Chilldren are quite well to-day. Carter has 
 just come from London, and they are all quite Avell at Croydon. No 
 more my dear Mamma except God Bless you and I hope he Avill 
 watch over you. Good bye my dear Mamma for the present. 
 I remain your affectionate Son R. C. D. Tichborne I have sent 
 you a paper and you Avill find something about me." Then comes 
 a letter from Lady Tichborne who, as I said, became much displeased 
 at the notion of his taking this place : *' My dearest roger, I am 
 very sorry I did not hear from you this morning. I expected to 
 have a letter from you. I am quite unhajipy about it. I hope you 
 have received my letter Avitli the cheque for 15/. I Avished you to 
 come over to me, and that Avas sent for your travelling expenses, but 
 noAv I think you had better not come as I mean to return to England 
 at the beginning of next Aveek, & it closes" — she is referring to the 
 Exhibition— " next Monday, at least they say so. I regret my 
 having taken this apartment for a fortnight, as the air does not agree 
 Avith me at all ; it is so sharp and keen. The Champs Elysees are 
 full of English Avho like the open and bracing air, but it does not 
 suit me at all. The Rue Montaigne is in the Champs Elysees or 
 opens into it ; therefore I think you had better not come this year, 
 as I will join you almost immediately, but I do not like a house in 
 Hampshire, my dearest Roger, as we should be at so great a distance 
 one from the other. You knoAv that I am your best friend, & I think 
 it is better that I should be near you. Your house is nothing to do
 
 ( 765 ; . 
 
 with what you receive every week. And I pay it besides the 20/. ; 
 therefore your house has nothing to do with tlie 20/. All what is 
 glittering is not gold, my dear Roger, and you miist not believe that 
 all those protestations of friendship are true, since nobody will lend 
 you any money. I hear many things coming straight from England ; 
 & you would think as I do, that if we are not on good terms, your 
 enemies will take advantage of it. I have just had your letter dated 
 the 23rd. I am very sorry to find you have taken Itchen House so 
 far from here" — She knows hoAV to spell it — " And it is a great pity 
 you value Mr. Hopkins's society more than mine, and I feel very 
 much that notwithstanding all that I do for you, that you have taken 
 that house away fl-om me. I believe, however, that Mr. Hopkins is 
 not your friend so much as I am, as he refused to assist you Avith 
 money when I asked him to lend you some" — She put the trying- 
 test to Mr. Hopkins's faith in the claimant when she asked him to 
 advance him some money ; but Mr. Hopkins shook his head at that, 
 and would not do it — " and I do not think that Mr. Bulpett is so 
 much your friend as I have always been to you. I beg you to break 
 it off, and not take Itchen by all means. I cannot think how you 
 can hurt my feelings to that degree. It is a cruel thing to me to 
 consider that I have given you so many proofs of my affection, and 
 that you prefer Mr. Hopkins and Mr. Bulpett's society to mine, and 
 wish you to break it off immediately, and not to go and live at 
 Itchen, if you wish not to show yourself ungrateful to me. It Avill 
 also have a very bad effect in the world, you being on bad terms 
 with me, as I cannot help feeling very much the preference you give 
 to your friends over me." One could not have better proof of the 
 all-engrossing feeling of this lady towards anyone for Avhom she had 
 affection ; all their affection was to be centered in her, to the total 
 disregard of everybody else. These persons had supported the 
 claimant, had received him as Sir Koger, had countenanced him, 
 and given him every assistance except that of lending him money ; 
 but he was not to rely on them, or have recourse to them, or rest on 
 their friendship and assistance, he must be exclusively and entirely 
 devoted to her. She continues : " As I have always been your best 
 friend, and I am about the only one now, or at least I am the 
 sincerest, but I beg you to break it off at any price, and to give up 
 the thought of going to live at Itchen, if you care for me, which is, 
 I am afraid of very little consequence to you. And if there is 
 another person about it, you mtist let that person have it, and you 
 have only to tell your friend Mr. Hopkins to arrange it for you, or 
 to Mr. Holmes, but I should think Mr. Hopkins being on the spot 
 is more likely to do it for you, as you must not live at Itchen at any 
 price. I am going back to London immediately. I cannot send 
 you the 30/. you ask me, and have sent you 15/. yesterday, and I am
 
 . ( 766 ) 
 
 going to send yon the 201. to pay your weekly bills. I cannot do 
 more. Ilemember to let that other person have Itchen who Avishes 
 to have it, and to give up the thought of living at Itchen away from 
 your only sincere friend. H. F. Ticiiborne. The last word 
 between you and me is repeated and go over to your adversaries, and 
 Avhen they know we disagree, of course they will be very glad. 
 Yonr adversaries will take it as a proof against your identity, your 
 despising my society and preferring your Alresford friends to me. 
 But you must get rid of Itchen at any price." 
 
 Well, of course after such a letter as that there was no alternative 
 but to give up Itchen Abbas. No doubt looking simply to the 
 character of lioger Tichborne, we should say that Koger would have 
 flown in his mother's face if she had written him such a letter as that, 
 and woidd have told her he was old enough to take care of himself 
 and judge of his own affairs, and would have requested her to leave 
 him to act on his own judgment. But I cannot say that Roger in the 
 position of the defendant must be expected to have done that, because 
 to him, circumstanced as he Avas, her recognition Avas everything. If 
 she had floAvn off from him and said, " Well, do the best you can for 
 yourself; if you do not choose to comply Avith my Avishes, look out for 
 yourself," that Avould haA'e been fatal, and I do not knoAv that Ave can 
 apply the test of Roger in independent circumstances to the defen- 
 dant in the circumstances in Avhich he was placed relatively to 
 Lady Tichborne. He writes back, " My dear ]\Iamma I receved 
 your very kind letter this morning. I am very sorry, my dear 
 Mamma, that I did not wait for your advice about the House in 
 Hampshire. But you must have receved a letter from me since your 
 posted the letter I have receved In AA^hich I mentions that I had 
 already taking Itchen Abbas." — He has noAV learned from her letter 
 hoAv to spell it right. — " I am very sorry my dear Mamma to have done 
 anything that you do not approve off. But you see my dear Mamma 
 I had already taken it before receving your kind letter. I am also 
 sorry I cannot come over to Paris on account of removing. I cannot 
 have this House after the 7th of next month. I shall not go to Itchen 
 Abbas now until I hear from you again, which I hope I shall do Axry 
 shortly. I am very much annoyed my dear Mamma to think I have 
 done anytliink contrary to your Avishcs. But Avhat can I do noAv. 
 I cannot brake my Avord"— that Avork " bi'cak" occurs in several 
 places, and it is aWays spelt "brake" — " It Avould be the talk of 
 Hampshire. For it got all over Hampshire that I am going to live 
 there. I shall feel very miserable until I hear from you again. For 
 God knoAvs my dear Mamma. I Avould not do anything to offend you 
 if I kncAv it. I hope my dear Mamma that I shall soon see you. it 
 I Avas not to be here my dear Mamma Avhen removing. I should lose 
 half the little things I have. I Avish my dear Mamma you had let
 
 ( 767 ) 
 
 me known, about going to Paris before, and I should have arranged 
 things accordingly. I could start from here on Saturday week, that 
 would be in a week fr-om now. Bogle is also very ill. but is getting 
 better. You dont knoAv my dear Mamma, how miserable I feel 
 through not being able to comply with your wishes, and more so as 
 I wished very iiiuch to see Paris again. I receved the Cheque for 
 Fifteen pound, many thanks my dear Mamma. I shall keep that 
 for the purpose it was sent. I receved the 20 cheque you sent me 
 every Aveek my dear Mamma, except this. I think my dear Mamma 
 I know an office, that Avill advance me the five thousand poimd. It 
 will be through Mr. Hopkins, the same ofiice that he rose" — again 
 using the neuter instead of the active verb — " the same office that he 
 rose the 37 thousand pounds from. Mary and the chilldren are quite 
 well, dear little Agnes still enquire after you, and Roger Joseph is 
 growing a fine Boy. It now post time, my dear Mamma. So I 
 must say God Bless you. and good bye for the present. From your 
 affectionate and beloved son, R. C. D. Tichborne." There are 
 here fourteen " mammas" in thirty lines only — a very considerable 
 sprinkling of that mode of address. Now, on an expression in that 
 letter, the learned counsel for the defendant founded a singular argu- 
 ment. Desiring to disparage Mr. Holmes, who, no doubt, has ceased 
 for a long time to be the friend, as he has ceased to be the legal 
 adviser of the defendant, the learned counsel seized on that observa- 
 tion of the defendant — " The same office that he rose the 37 thousand 
 from — " and said, " Here is Mr. Hopkins raising 37,000/. for the 
 defendant ; Mr. Holmes had it all, and here, as early as the 2 1 st 
 September, 1867, all of it is gone. No wonder," says he, " that 
 when Mr. Holmes had sucked the orange dry, he cast the peel away." 
 So he accounts for Mr. Holmes having abandoned his client's case. 
 Now, that was perfectly impossible. We know that the defendant 
 had not, at that time, raised 37,000/., though he succeeded in raising 
 a large sum from first to last ; but as to the large sum of 37,000/. 
 having come into Mr. Holmes's hands, and his having spent the 
 whole of it, still having, as we know, a bill for 5,000/. for his costs — if 
 this had been true, Mr. Holmes Avas a man who ought to have been 
 expelled the profession. But when we came to enquire, it turned out 
 that the learned counsel had not even asked his own client ; and the 
 moment I interposed, and said that if this were true, we must know 
 more about it, and wdiat had been done with the 37,000/., the defen- 
 dant himself set his counsel right. My learned brother reminds me 
 that he did not set him right until we insisted on the matter being 
 enquired into, and said we should give time to ascertain at what 
 office this money had been raised, and what Mr. Holmes had done 
 with it. Then the defendant said : " No, no ; that is not what I 
 meant at all. You have got that wrong. What I meant was the
 
 ( 768 ) 
 
 money that had been raised by jNIr. Hopkhis under the settlement of 
 1850. The money had been raised for the purpose of satisfying the 
 requirements of that settlement. It Avas not money raised for me 
 since I have been in England :" and so that was set right. 
 
 One cannot but blame the recklessness of a gentleman of the bar, 
 who, without waiting for a word from his OAvn client, Avhich would at 
 once have set him riglit, makes a charge against a professional man of 
 having misappropriated the sum of 37,000/., besides still having a 
 claim to the amount of 5,000/., and makes that charge Avithout the 
 slightest shadow of foundation. That is but a sample of many 
 occasions on which in the course of the defence character has been 
 calumniated (I can use no other word) ; and for interfering Avith the 
 learned counsel in the use of such accusations and calumnies, aa^c have 
 been charged Avith liaA'ino; invaded and interfered Avith the liberties 
 and privileges of the bar. My leai-ned Brother Lush reminds me, 
 too, that that explanation Avas not given until Ave had declared that 
 Ave must have a further inquiry into so serious a matter, and the 
 Court had adjourned for luncheon ; and it Avas not until we came 
 back into Court that the admission Avas made by the learned 
 counsel for the defendant that there was no foundation for this 
 charge. 
 
 The defendant Avrites to Lady Tichborne again on the 30th 
 September, and it is quite clear that at this time he Avas labouring 
 under pecuniary difficulties, and Avanted to raise money, and could 
 not get it. " My dear Mamma, I Avas much disappointed at not 
 having receved A letter from you this morning. I start this after- 
 noon for Hampshire. INIary and the chilldren go Avith me. Mr. 
 Holmes Avas also going. But cannot on account of Mrs. Holmes 
 taking bad." — One cannot conceive Avorse grammar — " He Avill 
 follow me doAvn tomorroAv or the next day. Of cause my dear 
 Mamma. I have not taken Itchen Abbas. I cannot imagine my 
 dear Mamma, Avhat made you Avrite that letter to Mr. Holmes" — I 
 gather from this that, in addition to Avriting the strong letter to the 
 defendant Avhich I read to you just noAv, Lady Tichborne must have 
 Avritten some strong letter to Mr. Holmes. " You must have been 
 Avell aware, that I should do nothing against your wish. I am taking 
 Mary doAATi for two or three days, she so anxious to see Tichborne 
 that I should have had no pease if I did not." — the Avord " peace" 
 being AATitten, as if it were " pea" in the plural number — " I hope 
 my dear Mamma you will let me knoAv has soon as you arrive, so 
 that I can come and see you. I am begining to get A^ery tired of 
 so much Avorrat. I cannot say Avhat I shall do with myself yet. I 
 Avish my dear Mamma you was here to give me your advice oh how 
 much happier it Avould have been for me to have remained in 
 Australia my dear Mamma only for the pleasure and comfort of
 
 ( 769 ) 
 
 having you near me. and seeing you again. I had a very severe fit 
 of spasms, at Mr. Holmes the other night, it was a strugle with me 
 for life and death, for about five minutes. But I have not had them 
 since. My dear Mamma I hope you will Avi'ite as soon as you arrive, 
 so that I can come and see you. I hope you have seen Mr. Savage. 
 I have seen Mr. Colmridge and like him very much. I shall be at 
 the SAvau until Thursday, and then, if you do not arrive before. I 
 entend to go to Worcestershire from there to Bath. I shoidd very 
 like to see you before I go So of course will come up if you arrive. 
 I am very dull and cannot A\a-ite any more today. So good bye my 
 dear ]\Iamma for the present. I remain Yours affectionate Son, 
 R. C. D. TiCHBORNE." On these letters the defendant Avas asked 
 this not unimportant question. " Now, just tell me hoAv you came, 
 as you were a Hampshire man, not to knoAv about Itchen Abbas ? 
 It is not above a mile and a half fr'om Tichborne ? — More than that. 
 Q. HoAv much, two miles? — Over tAvo miles. Q. And you had 
 knoAvn it all your life ? — Who said I did not ? Q. Hoav came you 
 to spell it Inching Abys ?" The ansAver is, " There is no accounting 
 for my spelling." Q. I do not take an ordinary thing: you knew this 
 place all your life, ' Inching Abys' ; you have knoAvn it all your life ; 
 how came you to spell it so ? In the second letter you got the Abbas 
 right, but the Inching remains the same ? — Lord Chief Justice 
 Bovill: I took it doAvn as Inching Abbis. The Solicitor- 
 General : Abys, my Lord. Q. You cannot tell me. Am I right 
 in supposing that you got Itchen Abbas fi-om Lady Tichborne's 
 letter?" He ansAvers, "No." But he does not gi\'e any further 
 explanation of hoAv he came to spell it Avrong at first. It certainly is 
 open to observation, and the Solicitor-General so implied by the 
 question, that one Avho, if Roger Tichborne, had knoAvn Hampshire 
 so many years of his life, shovdd not kuow hoAv to spell the name of 
 a place connected Avith the river on Avhicli Tichborne House stands, 
 and the name of which is of course knoAAai to everybody in that part. 
 Then on the 1st October he Avrites to Lady Tichborne fr'om 
 Alresford : — " I receved your very kind letter this morning, dated 
 the 27th Sept. I Avrote to you yesterday, before I started I do not 
 remember if I mentioned receving the 20/. cheque. I receved it last 
 Saturday. Mary and the chilldren ai^e here Avith me. We have 
 been very aa'cU reccA^ed here. They gave us a long and merry peel 
 fi'om the Church BeUs" — He spells peal Avith an " e" instead of an 
 " a"—" We have been all over Tichborne House today, and a great 
 many of the neighbourhood have call on us. Mr. Holmes Avas 
 coming doAvn here Avith us But Mrs. Holmes, took iU just 
 as Ave Avare starting, I have not heard fi-om him to day. But 
 expect him here tomorroAV. Of cause my dear Mamma, I haA'e 
 got out of taking Itchin Abbas. I am agoing from here, to 
 
 3 D
 
 ( 770 ) 
 
 see Capt" Slierston and distance in "Worcester. Bnt will try and be 
 in London by Saturday. Mary will return on Thursday evening. 
 My dear Mamma, it is very kind of you to write to Mr. Lodge lias 
 I was affraid lie Avould give me some truble. My dear Mamma I 
 think I have an idea where I can get the money advance me. I will 
 tell you all particidars. when you come. I do not entend to let 
 Mr. Holmes knoAv anything about it. God Bless you my dear 
 Mamma. I am sorry you Judged me so hastly before, for you see I 
 only did what I did subject to your approval. I remain my dear 
 Mamma your Affectionate Son K. C. D. Tichborne." 
 
 He starts from London to go down to Poole. On his way, he 
 passes through Salisbury. He Avrites to Colonel, now General 
 Custance, who was one of his witnesses on the former trial, but who 
 has not appeared before us on this. " Dear Col Having to go Bath 
 I thought I would take the opportunity of calling here to see you 
 and Capt. Pinckney. and I am sony to say I find you both live a 
 long Avay from here, my engagement in Bath compels me to be there 
 early. So I must start by the first train in the morning. I shall be 
 back on Saturday about ten a.m. And should feel much obliged if 
 you could spare time to drive over and see me. As I have to start on 
 Saturday afternoon for Poole. And I should very much like to see 
 you both. I have wrote and asked Capt. Pinckney to come. 
 Hoping dear Col. distance I shall have the pleasure of seeing you 
 on Saturday. I remain truly yours R. C. D. Tichborne." I call 
 attention to that letter, as showing that at this time, the 9th October, 
 he was on his way to Bath. It will not be imimportant to bear in 
 mind by-and-by, when we come to what he said about Bath in con- 
 nection with Roger's visit to Bath in the spring of 1849, that one of 
 the places the defendant visited was Bath. In the month of October 
 he gets back to the Swan, and writes to Lady Tichborne on the 13th 
 of the month: — " My dear Mamma I am afi-aid you AviU never for- 
 give me for not w^riting so long. I have been traveling every day 
 this week, and have not been one day at one place. I have not 
 receved a letter from you since I wrote to you last. I told them to 
 send my letters to Poole as I expected to be there yesterday. But 
 Col. Custance and Captn. Pinckney keep me so long I could not 
 get away. I forgot to mention they have made an aflfidavid So 
 I start on Tuesday morning for Poole. I hope my dear Mamma 
 you have got better of your caught" — That is a curiosity in the way 
 of orthography, or rather want of orthography ; cough is spelt 
 " caught" — " you have got better of your caught and cold. I have 
 not heard fi*om my wife or chilldren since I left croydon. I feel 
 very anxious my dear Mamma to hear from you. I was at 
 Winchester yesterday afternoon. I stayed at the George for about 
 two houi-s. Mrs. White"— that is the landlady—" Mrs. White
 
 ( 771 ) 
 
 begs to be remembered to you. she a very nice person. There are 
 many things my dear Mamma I wish to speak to you about, so 
 I hope I shall soon have the great pleasure of seeing you in Eng- 
 land. Its reported about Winchester, that you refuzed to pay a 
 quarters rent of Itchin Abbas, for me of course it some of Bowkers 
 tricks. I will make a Bowker of him before I have done with him" 
 — I do not know what he means by that. I never heard the expres- 
 sion before — " God bless you my dear Mamma and our Holy Mother 
 protect you. From your affectionate Son li. C. D. Tichbokne." 
 
 He next went to Poole, and there we know he succeeded in obtain- 
 ing the adhesion of several people Avho afterwards became Avitnesses. 
 He writes from Poole to Lady Ticliborne : " London Hotel Poole 
 Octb. 14th /67. My dear Mamma I have only just receved your 
 kind letter with the cheque enclosed. My dear Mamma you will 
 think it ungrateflil of me not "writing before. But I did not know ware 
 you Avould be. I wi'ote to you last night fi-om Alresford To your 
 address in Paris. I was travelling all last week, and you knoAV 
 yourself My dear Mamma how aAvkward it is to A\Tite when you are 
 not stationary. I haA^e been very successM in my tour. I have 
 seen Col. Custance and Capt. Pinckney They have each made an 
 affidavid and Col. Custance a very strong one. A very strange 
 thing happened Avhen I arrived here. I got out at the train, and an 
 old man looked at me. and AA^alk up and said hoAv do Sir Roger, he 
 knew me m a minute and nobody knew I Avas coming. For I even 
 Avrote to Mr. Holmes and told him that I Avas not agoing to Poole 
 until Wednesday. I hope my dear Mamma you have got better of 
 your Cold : And be very carefid not to sleep in damp sheets again. 
 I hope to be \'ery successful here and then, my dear Mamma. I shall 
 be on my Avay to see you. I hope my dear Mamma you A\dU go and 
 see my dear Chilldren. And let me know how they are. I have not 
 heard from them since I left Croydon. I hope my dear Mamma 
 you have arrived safe, and that you Avill Aviite to me at once, so that 
 I may knoAV Avare to send my letters to you. I will send this one to 
 Croydon, and Avrite to Bogle to forAvard it to you. I Avill come up 
 to see you my dear INIamma as soon as I knoAv you have arrived. 
 Hoping my dear Mamma you are Avell and that I shall soon hear 
 from you 1 remain my dear Mamma your aflE'ectionate son li. C. D. 
 Ticliborne." Here in tAventy-four lines he has no less than nine 
 " dear mammas." 
 
 He gets back to Croydon, and thence Avrites a letter Avhicli in the 
 case we are going to inquire into presently, the Arthur Orton case, 
 Avill be found to be important : " Oct^ 20th 67. My dear Friend 
 Rous I am very sorry that Vagabond of a servant of mine, should 
 have giA-en you any abuse. I only receved your letter after I Avrote 
 last night to you. I have not seen him since I discharged him at 
 
 3d2
 
 ( 772 ) 
 
 the Station. I shall never employe him again thats certain. We 
 find the other side very busy. With another pair of Sisters for me 
 one of them been to see Mr. Holmes, they had been three days at 
 them, and they are quite sure of success. Only there is this diffe- 
 rents which they cannot make out. The brother of these young 
 Womans is dark and very much marked with smalls pox. very much 
 about the face. But they are still very sure I am him. I wonder who 
 I am to be next. The man they think I am is still living at 
 Wagga-Wagga under an assumed name" — Arthur Orton had not, 
 therefore, you see, arrived either at the time the defendant went 
 down to Wapping, or in the interval, so far, at least, as the defen- 
 dant was aware ; because he states here on the 20th of October, 
 many months after he went down to Wapping, that this man, " the 
 man they thought he was, was still living at Wagga-Wagga under 
 an assumed name." He adds, " I suppose this accounts for the 
 Independents of George Greenwood." I must call yom- attention to 
 the passage, '' The brother of these young Womans is dark and very 
 much marked Avith smalls pox." That is his account of it. But the 
 witnesses, called here on the part of the defendant vnth reference to 
 this part of the case, and who say, what a great many of the Avitnesses 
 do not say, namely, that Arthur Orton Avas marked Avith the small pox, 
 agree in saying that if marked, he was but slightly marked. There- 
 fore the defendant's description of him here must be incorrect. But 
 there is another and still more important obserA'ation AA'hich arises on 
 this head. The defendant here gives a description of Arthur Orton's 
 face. Of course, if anybody could give a description of Arthur 
 Orton, the defendant could give it much better than the witnesses 
 AA'ho had not seen him as late as he tells us he saAv him — as late as 
 1866, at the very time he Avas making his Avill at Wagga-Wagga; 
 and therefore he must have retained, especially after all that long 
 intercourse in the bush, on Avhich his counsel dAvelt so earnestly, a 
 recollection of the face of Arthur Orton. He gives a description of 
 it, and he refers to the marks of the small pox, but says not a single 
 word about the scar. The scar is introduced by the defendant's 
 Avitnesses for the first time. The defendant has giA'en his OAvn 
 description of Arthm' Orton, and made no allusion of any sort or 
 kind, direct or indirect, to this scar, and he says that he is a dark 
 man, Avhereas every Avitness called Avith reference to the Orton part 
 of the defence, has been called for the purpose of saying that he Avas 
 a fair man, having fair hair, and therefore could not be the defendant. 
 " I suppose this accounts," lie says, " for the Independents of George 
 Greenwood" — that is Colonel GreeuAvood, a distinguished officer, a 
 gentleman who ought not to be spoken of by anybody, certainly not 
 by Roger Tichborne, in any other than the respectful Avay in Avhich 
 you would speak of a gentleman and an officer, a man of standing
 
 ( 773 ) 
 
 for j^ears in tlie army. He continues, " They say I was born in 
 Waping. I am glad they have found a Respectable part of London 
 for me. I never remember having been there. But Mr. Holmes tell 
 me it a very respectable part of London. Lady t. begs to be kindly 
 remembered to Mrs. Rous and self." — "/ never remember having 
 been there'''' — I must ask you to consider if you think he could have 
 forgotten the visit he had paid to Wapping by night only ten months 
 before. 
 
 On the 23rd he A\T.-ites to Rous — " My dear Friend Rous, I am 
 affraid I cannot come to Hampshire for some time. Somebody has 
 been amuseing themselfs by telling Mamma a whole lot of lies. And 
 she will not consent to me going again for some time. I wish you 
 to send the Horse Mr. Onslow sent for me upon Friday and I will 
 meet him at the station myself. The Mare is rather to fresh for me. 
 and she is not a good Hack. I slioidd like you to Telegraph and 
 let me know by which train you Avill send him. I can then take him 
 out every morning for gentle exercise myself. You need not pay 
 for him at Alresford. I can pay at Waterloo. I am very near dead 
 for the want of exercise. I suppose you have seen that paragraphs 
 in the Australian paper It very nice indeed. There is no doubt 
 it some of the MacKenzie work." He is referring here to Mr. 
 McKenzic, the agent sent out to Australia to work up the case. You 
 have the characteristic omission of the auxiliary verb twice running. 
 " Of course knowing it not true. I care very little about it. We have 
 bought up all that Ave coidd get in London, some six hundred copies 
 to prevent them getting about. We ha^^e also sent out Instructions 
 to Coimsel there, to take proceedings against them. I hope my dear 
 friend to see the da}% that I can tell them the ti-uth fr'om lies. Tell 
 Hasted to send about the same quantity of meat for me. But none 
 for Mr. Holmes. His Butcher has lowdered everything a penny 
 a pound. Mrs. Holmes was confined of a fine son last night. 
 Mother and child both doing Avell. My mfe sends her kind love to 
 Mrs. Rous and the chilldren. Hoping my dear Friend you are 
 well, I remain Yom-s faithfully R. C. D. Tichborne." There is 
 another letter to Rous of Novembei' 3rd ; but there is nothing very 
 important in it. He says : " I receved your kind letter j^esterday I 
 am afraid I shall not be able to come down. Holmes wants to huny 
 me here & there — and he liiu-ry me till I in my grave — I don't 
 think he believes I was ill at all. I enclose A photo of my Wife for 
 Mrs. Rous, it not a very good one. I believe she intends to get a 
 large one done for her. She joines me in our kindest regards for 
 you both and your daughters and sons and believe me Yours faith- 
 fully R. C. D. Tichborne." 
 
 On the nth of November, having been down to Brighton to see 
 Colonel Sawyer, also a former witness for him, but who has not
 
 ( 774 ) 
 
 appeared on tliis trial, lie -wiites: — " My deav Mamma I have just 
 returned from Brighton. I am very sorry I Avais not at Home. Avhen 
 you came yesterday. But its so nesesary that I should get all the 
 ■wdtnesses I can I saAV Col SaAvyer at Brighton yesterday and he Avas 
 very glad to see me. I do not Avish you my dear Mamma to tell any 
 one that I have seen him yet. As I have not yet got his Affidavid. 
 he Avas out Himting to day and Avdll sign it to morroAv I have not 
 been home long, or I should liaA'e come up to see you to night." 
 There is nothino- further in that letter. Then he AAO^ites to Rous on the 
 9th December, 1867. " My dear Friend I receved your kind Letter 
 this morning. I am very glad to be able to contradict that Win- 
 chester report. For I have been very Avell this last fcAV days, last 
 Thursday night. I Avas taken very bad Avith the spasms, but I dont 
 think you heard of that, for it happened in a place Avare I Avas not 
 knoAvn. and I never spoke about it to any one. They remained on 
 me for about half an hour, of com-se I feel no effect of them after 
 they are past, except a little AA^eak. I think Ave start for Ireland on 
 Wednesday morn, my throat is stiR bad. but I take no notice of it. 
 Dont mention about om- starting for Ireland to anyone but Mrs. 
 Rous. For I dont Avant the others to be before me. Lady T. sends 
 her kind Love to Mrs. Rous and your Daughter. I receved a 
 Letter from TugAvell he Dont Avish Mrs. Tugwell to make an affi- 
 david. So it dont matter. I Avill Avrite to you. almost every day 
 and let you knoAv Iioav Ave get on. Please give my kind respects to 
 Mrs. Rous. I had no time to say good bye. WiK you tell Hasted 
 not to send any Veal, at any time." Then comes a singular piece 
 of composition : " Theirs nobody in my house eat it. I should 
 like some Pork Avhen he has it small. I dont like large Pork, 
 please tell him to send his Book. I Avant to send him a cheque 
 Dont forget the affidavids. No never mind. I forgot. They are 
 all being printed. I can get them then try and get up for a day 
 or tAvo Avhen I come back if you can. Please remember me to all 
 kind Friends." 
 
 ThercAvith ends the correspondence of 1867, and Ave come to 
 the year 1868. On the 21st January in that year he Avrites to 
 Mr. Rous :— " I saAv Mr. Holmes last night he Avas sorry he did not 
 see you. before you Avent aAvay. I have arranged Avith him, that you 
 eo Avith us to Colchester Avith Francis and after that you and me 
 goes to Ireland by ourselves. I am only Avaiting to get rid of my 
 Cold and then Ave v,n\\ start. Mr. Holmes only receved one Letter 
 from Melbourne and that stated the people Avas all mad about Prince 
 Alfred arrival. There is one thing that I am sure of the man Avho 
 Avrote the letter Avas drunk for he could not spell neighbourhood" — 
 Well, if inability to spell " neighbourhood " necessarily carries Avith 
 it the imputation of drunkenness, I think I shall be under the neces- 
 
 &
 
 ( 775 ) 
 
 sity of pointing out furtlier on that tlie defendant must on one 
 occasion have been drunk too, for he aflterwards gets the word 
 " neighbourhood " to spell, and he spells it wrong. No very great 
 importance attaches to the spelling this one word wrong, but that is 
 what he says. He adds : " Do not let any one know of our going to 
 Ireland on any account. As Ave shall have some company, and that 
 we don't want." There is nothing more of importance in that letter. 
 In this month of January, the defendant goes do^Yn to Colchester, 
 where I think there was a detachment of the Carabineers, and having 
 done what he had to do at Colchester with the Carabineer soldiers 
 there, he goes over to Yarmouth, and from there writes to his 
 mother : — " My dear Mamma We came here fi'om Colchester to day. 
 I was very fortunate in getting four affidavids this morning before 
 A\'e left. They are made by men of the 6th D. G. Poor fellows 
 was very glad to see me. They have made their affidavids very 
 strong. After I had done with them. I had a look round Colchester, 
 at the Castle and Camp. Its a very clean Town, and I was much 
 amused with what I have seen. I cannot say anything about Yar- 
 mouth for it Avas nine oclock before we arrived, and quite dark. I 
 Avrite to night because the mail goes at eight to morrow morning. 
 1 have not heard if the Gentleman I have come to see is here or not 
 yet. I Avill Avrite and let you knoAV all about it to morrow." Noav 
 comes a sentence which one is almost ashamed to read out in open 
 court, but we cannot help it. These things AviU happen on trials, 
 and Ave may noAv and then have a piece of evidence Avliich one Avould 
 rather not have occasion to refer to, but we cannot help ourselves. 
 Here is the passage I am noAV about to read to you, and you Avill 
 judge for yourselves Avhether a man Avho had been brought up as a 
 gentleman, as Roger Tichborne undoubtedly Avas, and who was used 
 to the decencies and refinements of life, could have penned this 
 passage AA^hen Avi-iting to a lady, his mother : " I haA^e just sent Mr. 
 Rous out to get me a piU for I have not been to stool since the day 
 before I left Croydon." In the first place, you knoAV, as it Avas not 
 any serious indisposition, there Avas no need to Avrite to his mother at 
 all on the subject ; in the second place, if he did, could a man Avith 
 any decent education AA^ite to a lady in language so coarse and 
 offensive as that Avliich the defendant uses here ? The learned 
 counsel for the defendant says, '' Oh yes, but it is in perfect keeping 
 Avith Roger; he had quite as coarse a mind, and Avas capable of 
 using quite as coarse an expression ; for Avhen Lady Doughty writes 
 to him, or his mother Avrites to him, saying she had heard he was ill 
 and anxiously inquiring about him, he AAT.'ites : " It was nothing at 
 all serious ; my stomach Avas out of order." To my mind tliere is 
 just all the difference betAveen the tAvo phrases ; the one is a 
 ])hrase a gentleman might use in Avriting to a lady, the other is not.
 
 ( 776 ) 
 
 There is no Aiilgarity -wliatever in the one ; it is only what you would 
 say to a person avIio said she had heard you were poorly : " Oh, it 
 was nothing ; it was only that my stomach was out of order." 
 
 The Avord affidavit occurs twice in this letter. It also occm-s in 
 numerous instances in other letters. You aa^II observe that the 
 defendant never spells the Avord right. He invariably ends it Avith a 
 ''d" instead of a" t." 
 
 The defendant had noAv got to Yarmouth ; and the gentleman he 
 refers to in the letter I have just read Avas Captain Fi-aser, aa^Iio had been 
 in the Carabineers so long. He Avas the regimental sergeant-major at 
 the time Roger joined, and AA^as promoted afterwards for meritorious 
 services. He obtained his commission as captain of a ti-oop and Avas 
 quartermaster in the regiment, and kncAv Roger perfectly; and what 
 is more, had been remarkable for his kindness to this yoimg officer, 
 whom the other lads there, in the bent of their mischief and rioting, 
 Avere in the habit of making a fool of, playing those practical jokes 
 on him Avhich I hope are noAV entirely got rid of in the English 
 army. He AATites to Captain Fraser, taking this opportunity of 
 doing so while at Yarmouth, Avliere Captain Fraser resided : " Dear 
 Fraser As I Avas at Colchester I thought I Avoidd run doAAni this far. 
 to see you. 1 have sent my friend Mr. Rous Avith the Note, so 
 that you can say if you liaA'e any objection to come and see me. and 
 haA'e an hour conversation and Judge for yourself if I am myself or 
 not my Friend AAdll shoAv you Sherstons AffidaA'id. and you will see 
 by that. That he did not know me at first till he couA^ersed Avith me 
 a little Avhile. Hoping that I shall have the pleasure of seeing you 
 before I start I remain Dear Fraser tridy yours R. C. D. TiCH- 
 BOENE." This note AA^as accompanied not only by the affida\'its of 
 other people, but by a copy of the Castro correspondence, to Avhicli 
 I shall have to call your attention further on. Captain Fraser gives 
 us the foUoAving account of the interview. " I was pressed to go and 
 call and see Sir Roger. At first I objected and explained that I had 
 seen the defendant at the LaAv Institution, and had perfectly satisfied 
 myself he Avas not Tichborne. I said to Mr. Rous at the time, ' I do 
 not like to go doAvn to the Victoria Hotel and tell a man he is a liar. 
 I am perfectly satisfied.' He said that Sir Roger AA^ould be very 
 glad if I Avould come. My wife also said, ' You had better go, 
 it Avould be more satisfactory to you to see him and speak to him.' 
 On that I said, ' I Avill.' I Avanted to do what Avas right and just." 
 Accordingly, the Avitness goes to the ' Victoria Hotel,' and arriA^es 
 at about eleven o'clock, and finds the defendant there Avith Rous 
 and Baigent, He is asked to tell Avhat took place at the interAacAv, 
 and does it in these words : " I sent up my card, and I Avas 
 directed by the Avaiter to walk upstairs; and AA^hen I got to the 
 door he opened it, and the defendant Avas standing nearly in
 
 ( 777 ) 
 
 the centre of tlie floor, just opposite the door. He said, ' How do 
 you do. Captain Eraser?' The words 1 made use of were, 'I do not 
 know you.' I was then asked to take a chair, which I did. I sat 
 down, and the defendant placed himself on my left. We sat and con- 
 versed for some time. Rous and Baigent and the defendant w^ere ask- 
 ing me questions. I found that some things belonging to the regiment 
 he knew pretty well. I said at the time, ' There are a good many cir- 
 cumstances which, if you are Roger Tichborne, you could tell me, 
 which nobody knows but ourselves, no servants having been there.' 
 He coidd not tell me anything at all. I then referred to an affair at 
 Canterbury: ' If you can tell me the affair that occurred at Canter- 
 bmy, I will try to believe you are Tichborne.' He could not tell 
 me anything about it, I said, ' Do you remember anybody coming 
 to my room during the time you were there ? ' He said, ' No.' 
 I said, ' Do you remember John Irwin ? ' He said, ' Who is John 
 Irwin ? ' I said, * My good feUow, that is just what I said to you 
 before ; you know nothing about the regiment.'" Captain Eraser 
 tells us " this John Irwin had been the mess waiter in the regi- 
 ment I dare say a quarter of a century: he Avas the mess waiter 
 during i\\e whole time Roger Tichborne Avas in the regiment, 
 and a man that Avas thoroughly Avell liked by all the officers in the 
 regiment, and nobody coidd be in the regiment Avithout knoAving he 
 was mess AA^aiter. Q. You told him, ' You knoAA^ nothing about the 
 regiment:' Did either Baigent or Rous say or do anything? — They 
 were putting questions about his personal appearance. He AA^as 
 sitting a little m advance of me ; I saAv a slight inclination to likeness 
 at the side part of the fiice. I said, ' I fancy I see a slight likeness,' 
 but the claimant was far too good looking for Roger. His hair at 
 that time was much fairer, lighter, than AAdiat it is noAv; inclined to 
 curl toAvards his neck. His hair was different from Roger's; I told 
 him so at the time. He AA^as much taller and stouter than CA^er 
 Roger was. Q. You told him that he kncAv nothing about the regi- 
 ment: what further took place before you parted on that day? — We 
 were perfectly good friends. He pressed me to take some sherry; 
 I woidd not take any. Of com-se he helped himself. He pressed 
 me to stay to lunch ; I would not do that either. He asked me to 
 pay him a Adsit ; saying he AA'oidd show me a horse he had paid 200 
 guineas for; I refused that also. I got up to leave. He said, 
 ' Will you shake hands ? ' I said, ' I liaA'e no objection to shake 
 hands AA^th you, but not as Roger Tichborne.' I then left him. 
 Q. You then left him ? — Yes." A long cross-examination of Captain 
 Eraser ensued, in order to extract an admission from him that he 
 saAv a likeness, and AAdiat it comes to is that he thought he saAv 
 a slight likeness. He says it was not in the eyes at all, but in the 
 length of the jaw from his chin upAA'ards behind the ear. But no
 
 ( 778 ) 
 
 admission was made by him, althougli much pressed about it, as to 
 having found, or said he found, any likeness in the eyes, or eye- 
 brows, or anything of the kind. 
 
 Let us next see what the defendant's account of this inter^dew is, 
 and then we will see Avliat answer Captain Eraser makes to it. 
 " Q. Did you put out your hand to shake hands -with him? — I 
 believe I did. Q. Did he say he had no objection to shake hands 
 with you, but he saw nothing about you to remind him of his former 
 friend Roger, who had served with him in the Carabineers? — I fancy 
 that must be a slight imagination on his part. Q. Did he say any- 
 thing like that? — I do not think he did. Q. That he did not mind 
 shaking hands with you, but he saw nothing about you to remind 
 him of his former fi-iend Roger, who had served with him in the 
 Carabineers? — He did not say anything about shaking hands \vith me. 
 Q. Did he say he could see nothing in you to remind him of his 
 old fl'iend? — I believe he passed some remarks about my stoutness, 
 that he could not recognize me by my size. Q. Did he say he could 
 see nothing in you to remind him of his old friend ? — No, I do not 
 think he did say so. He did say he could see nothing about me. 
 Q. That you were stouter, or something of the sort? — He did say 
 that. Q. Did he say except the stoutness, you were the same man ? 
 — No, he did not say that. Q. AVhat did he say? — He sat down, 
 and we conversed together about an hour. Q. Did he say that he 
 could not see anything in you to remind him of his old fi-iend ? — Yes, 
 I believe at the end of it he said he could not see sufhciently in me 
 to swear to my identity. Q. At the end of it he did say that he 
 could not see sufficient to swear to your identity? — That is no more 
 than I expected he would do ; I only wished to give him the oppor- 
 tunity. Q. And you ran round from Colchester to Yarmouth for 
 the purpose? — The fact of the matter was I was going round. 
 Q. That is what you told him. 'As I Avas at Colchester, I thought 
 I would run down thus far to see you?' — Just so. Q. Were Baigent 
 and Mr. Rous present? — They were. Q. Did Captain Fraser say 
 that if you coidd tell him a matter that had begun in the mess-room 
 and had ended in his — Captain Fraser's room — to you and him alone 
 a thing you could not forget, that he would try to believe }'ou were 
 Roger Tichborne, and would do all in his power to help your cause?" 
 Then says the defendant, " That ' try to believe ' is very nicely put 
 in ; but he did not say that, you know he did not. He told me this : 
 He said : If you can remember one thing that happened in my room 
 and tell me what it was, I Avill make an affidavit and swear to yom* 
 identity. That is what he told me. Q. Did he not say that there 
 was a matter Avhich had begun at the mess ? — He did not. Q. And 
 ended at his room, you and he alone, that you could not forget; if 
 you could tell him that, he would try to believe you were Roger
 
 ( 779 ) 
 
 Ticliborne, and did you ? — That ' try to believe ' he never pnt in : he 
 said if I could tell him the one particular thing, he ^vould make an 
 affidavit of my identity: he said nothing- about the mess-room 
 altogether. Q. Did he say also that it occurred on the mess a night 
 or two only before Roger Tichborne left the regiment? — He did not. 
 Q. And fix, as I suggest to you, the date and the place, and all 
 about the circumstance? — He did nothing of the land. He asked 
 me if I remembered a particular thing that had happened in his room. 
 I thought of many things that did happen there, and told him, and 
 he acknowledged it Avas correct. Q. He acknowledged it was correct? 
 — Several things that I told him, but it was not the one particular 
 thing that he wanted to know. Q. That one particular thing you 
 could not recollect? — You are aware, of course, Mr. Phillips and him 
 are connected together. Q. Did you, the next day, send him a 
 letter? — I believe I did." A letter from the defendant to Mr. Holmes, 
 of the 30tli January, was then read, in w^hich he writes — " Dear 
 Holmes, I hope youreceved the four affidavids I sent from Colchester. 
 We arrived here last night. I Avrote Fraser and Rous took it to him 
 this morning. He Fraser came to see me about 11 and stayed till 
 two. He would not make an affidavid. He says he recognise me 
 by the upper part of my face and also from my conversation. And 
 if I can remember anything that happened in his room before I left he 
 will swear to me anywhere." Captain Fraser, you will remember, was 
 asked Avhether that statement was true, and he said, " No such words 
 ever passed." Then the letter goes on — " He left me in the most 
 fr-iendly manner possiable and as promised to come and spend a couple 
 of days with me at Croydon, he is quite convinced only he as told 
 Bowker that he did not know me. He said he was sorry he had 
 done so. We go on from to Peterboro' to-night." Here, again. 
 Captain Fraser was asked : " Is there any truth at all in that ?" and 
 he answers, " None Avhatever, except that I told Baigent and Rous 
 that I fancied I saw a slight likeness on the side of the face ; but 
 any part of the conversation, such as you have read now, is totally 
 imtrue." On the 2nd of February comes a letter fi-om the defendant 
 to Captain Fraser. Noav, he himself admitted that the result of the 
 intervdew with Captain Fraser was that he had not been able to state 
 to Captain Fraser the particular circumstance which Captain Fraser 
 had in his mind. But, on the 2nd of February, he Amtes him this 
 letter — " Dear Fraser I have been thinking ever since to try and 
 find or bring to my memory about Avhat we Avere speaking. Do you 
 mean the time I gave you a silver snuff Box. if so I remember that 
 very well. I should like to hear fr-om you if it is so. I have seen 
 Mather the Trumpeter and also Barry Col. Hay servant. They are 
 both at Leeds. You remember Mather. I haA'e no doubt he was 
 as much a Frenchman then as I Avas but he noAv speaks English very
 
 ( 780 ) 
 
 well. Tliey have both made very strong afficlavids for me. Hoping 
 Dear Fraser I shall have the pleasnre of receving a line from you 
 I remain truly yours E. C. D. Tichborne." Upon this the defen- 
 dant — that passage in his note being read to him, " Dear Fraser, 
 I have been thinking ever since to try and find or bring to my 
 memory about Avhat we were speaking. Do you mean the time 
 I gave you a silver snuff-box, if so I remember that very well. 
 I should like to hear from you if it is so " — is asked, "Did you give 
 him a silver snuff-box ? — I did. Q. When Avas that ? — At Canter- 
 bmy. Q. Do you remember the circumstance ? — I certainly cannot 
 tell you the day and the hour. Q. Neither do I expect the day 
 and the hour : the circumstance is what I ask you, not the day or 
 the hour. What Avere the circumstances of the silver snuff-box ? — 
 I do not knoAv that there was any circumstance about it. Q. You 
 merely gave it to him, Avithout anything particidar to fix it ? — To 
 the best of my recollection I lianded it to him to take a pinch of 
 snuff; he put it in his pocket, and I told him he might keep it." — It 
 certainly Avould have been a very cool proceeding on the part of Cap- 
 tain Fraser, if a gentleman handed him a snuff-box to take a pinch 
 of snuff, that having first taken a pinch he should put it into his 
 pocket — a A'ery strange proceeding on the part of an officer in her 
 Majesty's service, or indeed of any one else, and equally surprising 
 on the part of the OAvner, that Avhen a man puts his snuff-box into 
 his pocket, he should say, " You are welcome to it." — The cross- 
 examination proceeds : " That is hoAv it came about ? — Yes. Q. No 
 more about it than that ? — No, there was no more about it than that." 
 NoAV observe the precise ansAvers given AA-ith reference to this snuff- 
 box. " Was it an old snuff-box of yours ? — Yes, it was pretty old. 
 Q. Had you bought it, or had it been given to you, or hoAv came 
 you by it ? — I had bought it. Q. Did you have it any length of 
 time ? — Yes, I had had it some time. Q. Did you buy it in France 
 or England ? — I bought it in England to the best of my recollection. 
 Q. Perhaps you can tell me Avhere you bought it ? — I really cannot 
 tell you Avhere ; in Piccadilly, I think ; it was an old box AA^ien I 
 bought it. Q. He put it in his pocket, and there Avas an end of it ? 
 — Yes. Q. Do you remember AA^hether the snuff-box had any mark 
 upon it ? Had it the Tichborne crest upon it, or your initials ? 
 Should you know it if you saw it again ? — I should. Q. Has it got 
 the Tichborne crest, do you knoAA^, do you recollect, or your initials ? 
 — I knoAv it has got my initials: I belicA^e so; to the best of my 
 recollection. Q. Has it got the Tichborne motto? — I do not think 
 it has. Q. Under the initials I mean ? — I think not. Q. What is 
 the Tichborne motto? — Pugna pro patria. Q. What does that 
 mean ?" and then he gives a doughty ansAver, " Fight for my country : 
 it is slightly altered ; I have to fight for myself noAv." Not a bad
 
 ( 781 ) 
 
 answer at all. We have thus the circumstances of the gift of this 
 snuff-box in flill and precise detail — a silver snuff-box— bought 
 second hand — to the best of his recollection in Piccadilly — which he 
 had had for many years, and which, to the best of his recollection, 
 had his initials upon it — which silver snuff-box was taken possession 
 of by Captain Fraser, on an occasion Avhen it was handed to him for 
 the purpose of taking a pinch of snuff, and then liberally abandoned 
 by the man who had so offered it. Noav let us hear what Captain 
 Fraser says about it. He is asked : " Do you remember before 
 Roger Tichborne left Canterbmy his making you a present ? — Per- 
 fectly. Q. Of what Avas it ? — A small wooden snuff-box about tAvo 
 inches in length, and li or H inches in width, a wooden snuff- 
 box. Q. Do you remember how that present came to be made ? — 
 Yes, I will explain that. Q. First, I may ask, I believe the box 
 itself you have lost ? — The heat on the veneer waqjed the box and 
 caused the lid to come away " — This happened in India where it is 
 very hot ; the wooden snuff-box got spoilt, and he threw it away — 
 " Tell me the history of it ? — I was not at mess that evening but sat 
 in my own room. My room was on the same passage as the mess- 
 room was, and he came rushing into my room in his usual way. 
 I said, ' What is the matter now, Tich ?' and he told me the young- 
 fellows had been bothering him the whole night at dinner, and 
 I said, ' Why do not you take my advice ?' I said, ' Sit doAvn.' 
 He Avas threatening to report it the next day, as no superior officer 
 Avas present at mess. I said, ' Sit doAvn.' I opened the door and 
 called out for John IrAvin, the mess AA^aiter. He came up in mess 
 di'ess. I said, ' Jolm, bring a bottle of champagne.' He went and 
 brought it, and I made Tichborne sit down, and we di'ank the bottle 
 of champagne, and after the champagne was di'unk, I called out to 
 IrAA'in again, and made him bring a bottle of port. After that Roger 
 thanked me for the trouble I had had with him at his driUs, and for 
 the kindnesses I had shoAvn him in the regiment. He then Avent 
 iTpstairs, he was not sleeping in his OAvn room, he was expecting 
 daily to be gazetted, and he slept in a brother officer's room over my 
 head. He came back and said, ' I AA'iU make you this handsome 
 present.' They Avere the Avords he used, and that he wished me to 
 keep it in remembrance of him. I looked at him and did not knoAv 
 whether I should take it or turn him out, but I took it. Q. You took 
 the handsome present ? — Yes, and kept it for some years when Ave 
 Avere in India." On cross-examination he is asked this very apropos 
 question, Avhether Roger Avas sober ? By the time they had finished 
 the champagne and port, he may not have known the difference 
 betAveen a silver and a AA'ooden snuff-box. " Was Roger quite sober 
 when he made you a present of this Avooden snuff-box^ and said ' I 
 Avill make you this handsome present ?' — You can understand if you
 
 ( 782 ) 
 
 drank half a bottle of cliampagne and hall" a bottle of port, probably 
 you would not l)e. Q. I never tried that mixture, therefore I cannot 
 tell. — I tried it, and I Avas perfectly sober." Then he adds what, as 
 he had been in the regiment all the time Koger was, and had known 
 him so intimately, must go, I think, very much to take away from 
 the effect of some of the evidence of his being a drmikard — " I do 
 not think he was drunk , I never saw him under the influence of 
 drink in my life. Q. He handed you a miserably wretched little 
 snuff-box, and he said, 'I make you this handsome present:' did he 
 do it ironically? — No, nothing of the sort. Q. Did he do it seriously ? 
 — Yes. Q. You said you Avere going to drive him out ? — I said I 
 looked at the box and I looked at him. Q. You said something 
 further ? — I said I did not know whether to tliroAv it out or not : 
 I Avas disappointed, I might say, at the paltry thing that Avas given. 
 Q. He thoroughly understood Avhat he Avas about? — Tichborne and 
 myself both. Q. Tichborne and yourself? — Yes, thorouglily. 
 Q. Am I correct in supposing if he had been able to describe that 
 to you entirely as it happened, you Avould have believed him to be 
 the man ? — Well, no ; I had my doubts, but I certainly Avould have, 
 because there Avas no person present, no servant there that could 
 convey the information to the party. Q. You had not conveyed the 
 information to anybody ? — No, certainly not : I have spoken of it 
 since this case commenced to others. Q. At the time you put that 
 testing point to him, as I understand from you, nobody kncAV it 
 but yourself? — I do not think there Avas ; I am not aAvare. Q. You 
 Avere not aAvare of any person having knoAvn it at the time you put 
 that point ? — No." This, then, is Captain Fraser's account of it. 
 The young felloAA^s had been tormenting Roger at the mess. He 
 comes aAvay in a distressed state of mind, and pours out his vexation 
 into the ears of Captain Fraser, and Captain Fraser thinks the best 
 way to quiet him and make him get rid of this feeling of vexation 
 and annoyance is to call for a bottle of champagne, and after that 
 a bottle of port, and these tAVO officers sit and finish that, and Avhether 
 Roger thought, because he had had the snuff-box some time, and 
 there might be a little curiosity about the Avorkmanship of it, he 
 would make Captain Fraser a present of it, and that he Avould 
 value it as much as he himself did, I do not knoAV. It Avas a curious 
 thing to do ; hoAvever, he did it. If you believe Captain Fraser's 
 statement, then it is quite clear that the defendant's version must be 
 en'oneous, because the box AA^as not a sih-er but a Avooden one, 
 and given from a sense of kindness and gratitude for the fi-iendship 
 the other had shown him, and not a box appropriated under the 
 circumstances stated by the defendant — that is to say, of a man 
 putting it in his pocket Avithout its having been given' to him at alh 
 NoAv such is Captain Fraser's account of it, and nothing is more
 
 ( 783 ) 
 
 curious than this, that the defendant shoidd know of the fact of 
 Roger Tichborne having given Captain Fraser a snuff-box, and yet 
 should know nothing Avhatever about the circumstances under which 
 that snuff-box passed into the possession of Captain Fraser ; should 
 know nothing whatever of the character of the box at all ; shoidd be 
 totally -wrong about its being a silver snuff-box or anything of the 
 kind. It is one of the curious incidents which occur in the course 
 of this inquiry which may admit possibly of the explanation which 
 I shall submit to you presently. It may be said, and it is a curious 
 incident in the inquiry, of which one does not readily see the solution, 
 how could he know Roger had given Captain Fraser a snuff-box at 
 all ? He certainly writes to Captain Fraser after he had gone away 
 to some other place, and says, " I remember my having given you 
 a snuff-box, is that Avhat you are alluding to ?" He had not remem- 
 bered it at the time, but it is quite possible that though he did not 
 remember it at the moment, it might afterwards, in the coui'se of 
 the next forty-eight hours, while he was travelling, have occurred to 
 his mind on reflection, " Oh, I know what he means now, he must have 
 meant my giving him a snuff-box." If he had said, " I remember 
 giving you a snuff-box," and coidd have stated the circumstances 
 under which it was given, it woidd have been a very strong fact in 
 favour of the defendant, if Captain Fraser is right in saying (which, 
 hoAvever, possibly may not be the case — he may be wrong as to 
 that) — that he never mentioned it. It may have been known in 
 the regiment. He may have gone to his brother officers and said, 
 *' Look at this foolish boy, Tichborne. He came last night to my 
 rooms, and we had a couple of bottles of wine, and he got up after- 
 wards and brought me doAvn this Avooden box as a handsome keepsake." 
 Notliing is more likely than that an observation of that sort should 
 be good-naturedly made at that time about the foolish Avays of the 
 particular individual, and so have got out : and then from travelling 
 in the society of some of these military people the defendant may 
 have heard the story, and got hold of the Avrong end of it. But 
 there is another solution AA^iich is possible, and that has reference to 
 Avhat I suggested yesterday. Roger liaAdng kept a diary, it is more 
 than probable he kept one Avhile in the regiment, and the defendant 
 on those military progresses — that is to say, going from place to place 
 to see persons Avho had belonged to the regiment — because that Avas 
 the specific pm^ose of his going to Colchester as it Avoidd be of his 
 going on to other places — if not the true Roger, Avould probably take 
 care to arm himself Avith that particular source of information, and 
 then if afterAvards, looking into the diary, he saw some such note as 
 " Gave Captain Fraser my old snuff-box," Avithout mentioning whether 
 wood or silver, the natm-al conclusion being that he woidd give him 
 something better than a Avooden snuff-box, it may have occurred to
 
 ( ^84 ) 
 
 the defendant to say, " Oli, I dare say that is Avhat he was referring to ; 
 at all events, there is no harm in firing the shot. I will write and 
 ask whether the gift of the snuff-box was the circumstance to which 
 he was alluding. If it is not, there is no harm done ; and if it is, 
 and I can get him to answer me that fact, it Avill be a very striking 
 thing in my favour, that I remember giving him a snuff-box, and 
 that this was the thing he had in his mind as a thing only known 
 to him and me. It Avill be a thing to be put forward hereafter to 
 convince people that I am the man." If there was no mention of 
 what the snuff-box was, it may have misled him, and then when 
 asked about the snuff-box, he answers at random, " It was a silver 
 box ; I bought it in England, to the best of my recollection ; I 
 think in Piccadilly. It was an old box when I bought it. I believe 
 it had my initials on it. I offered him a pinch of snuff; he put 
 the box in his pocket, and there was an end of it." Gentlemen, 
 you must judge; it is certainly a circumstance that he did laiow 
 of the gift of the box, and referred to it in that note. On the 
 other hand, you may set against that, that he, I will not say 
 totally forgot, but, at all events, misstated the circumstances under 
 Avhich it Avas given, as also the material of which the box Avas made, 
 and all the things he might be expected to knoAv about it. Before 
 I leave I should add that he (Captain Eraser) Avas one of those Avho 
 saw the defendant at the examination before Mr. Roupell, and Avliom 
 he passed Avithout any sign of recognition ; Ijut it may have been, as I 
 said, Avhen speaking on that subject, that he did not choose to acknoAv- 
 ledge those gentlemen ; that it Avas a voluntary act of his, and not 
 resulting from any failure to recognize them. ' 
 
 The defendant goes back to London, and then AATites to Rous on 
 the 14tli February, " I have just receved your kind Letter. I pm-- 
 pose to start on Monday morn : for Ireland and A\ill meet you at 
 Mr. Holmes Office at ^ past ten. I hope that will be convenient for 
 you. Mr. Holmes Avill ha\^e all prepared. You are mistaken about 
 me being unAvell for I am in first rate fettle. Lady t send her kind 
 regards to Mrs. & Miss Rous and the boys. I had heard of Gos- 
 ford's visit to Winchester and also that he had seen Mr. Colenridge 
 I Avas at the Theatre last night so am rather drosy to-day — please 
 give my kind regards to Mr. Hopkins if you see him. I shoidd 
 have AA'rote to him only I thought he Avoidd be so much depressed, 
 and it AVoidd Avorry him." There he has got " Avorry" right at last* 
 " The Chilldren are gone to London to-day to see their Grand 
 Mama, tell Miss Frances I hope she receved plenty of Valentines." 
 On the same day he Avrites to Rous again the second time. " I Avrote 
 you this morning saying I Avould be ready to start for Ireland on 
 Monday I doubt noAV Avhether I go at al for the present. Mr. Holmes 
 receved a letter from INIr. OnsloAv. Avhich appears to me to liaA'e
 
 ( 785 ) 
 
 rather frightened him. For he been speaking to me to-night in a 
 way I don't like, for I have tokl him before, that Avhen he anything 
 to say to say it to me by myself and not before Mrs. Holmes and my 
 Wife. I entend to send Mr. Onslow his Horse back on Monday 
 and sell the other, as Mr. Holmes think I spend to much. But I 
 also entend to stay my case until, I have more funds so that I can 
 pay him Avhat I owe him and need not have to be spoken to in such 
 away. I have no doubt Mr. Onslow entended to benefit me in what 
 he did and I don't think he would have caused me such misery if he 
 knew it. But however I cannot pay him for his Horse so I will ask 
 him to take him back and I will make him some compensation for 
 the use of him. I am taken rather aback by Mr. Holmes to-night 
 so much so that I entend to brake up the whole of my establishment 
 and go to lodgins. Please give om- kind regard to Mrs. and Miss 
 Rous and your Sons." On the 18th, he writes : " Dear Rous I 
 receved yoiu- kind Letter yesterday morning. You must have read 
 my letter wrong, it Avas because Mr. Holmes wanted me to send aAvay 
 my horses and servants that I was annoyed. He wanted me to do 
 so that he might continue the case for two years I said I should not 
 do so the fact is I should never live under the anxiourty" — a singular 
 form of the word anxiety — " I have never seen him since and don't 
 know Avhat news he has receved fi-om Australia I receved two 
 letters last night from my Wife Friends. I was very much excited 
 when I wrote to you last It was past one on Sunday night and I 
 think I had drinked to much Brandy. I receved A letter this 
 morning fi-om Francis Baigent he still go on about why don't I do 
 this and that and about the people at Winchester being frightened. 
 Just if it mattered to me if they are such fools to be gulled by A 
 parcel of lies, I say let them." 
 
 Then there is a letter of February without a date to Lady Tich- 
 borne — " My dear Mamma I have just receved your kind letter Avith 
 the cheque many thanks my dear Mamma I am quite of your opinion 
 as regards cm' Visitor, but still her affidavid is very usefull to surport 
 your own. and I must act politely to her. till I get her affidavid." I 
 wonder who the visitor was. Could it have been the ever faithfiJ 
 and attached Miss Brainc ? If so, it shows that, Avhile she Avas 
 devoting herself to the service of the defendant, the defendant and 
 the DoAvager Lady Tichborne had not that exalted opinion of 
 Miss Braine as the paragon of her sex Avhich the learned counsel 
 for the defendant has represented her, and that they Avould have 
 been very glad to get rid of Miss Braine, if it had been politic to 
 do so. I should be very sorry indeed if I misrepresented this, but 
 I knoAv of no one fi'om the correspondence Avho could at that time 
 have been a visitor of the defendant, and Avho afterAvards made an 
 affidavit in his favour, being a female and a visitor, but Miss Braine ; 
 
 3 E
 
 ( 786 ) 
 
 and if so, I think Miss Braine must be liiglily gratified if this letter 
 shoidd come to her knowledge. " I am quite of your opinion as re- 
 gards our Visitor" — that is, I do not at all like her, and should be very 
 glad to get rid of her, but I must get her affidavit — There is nothing 
 like policy in this Avorld — " I have not seen Mr. Holmes since you 
 left. Mr. Kingston and we had a talk after you went I showed him 
 Holmes Bill. He was much suprised at his charges, and said if he 
 had Icnown Mr Holmes intended to charge me. when he asked any 
 question about me he would not have done so. He also remarked 
 that he had done a deal of Avriting for me. but he done so as A friend, 
 he said he thought Holmes had made the Bill only to show the other 
 side that he acted AAath no partiality towards me. It very good but 
 I cant digest it. Hoping my dear Mamma that you did not catch 
 Cold from the long drive you took yesterday, I remain your affec- 
 tionate Son, E. C. D. Tichborne. Mary Agnes and Roger are 
 quite well and sends their kind Love to you, my dear Mamma. I 
 receved a very nice letter fi-om Rous to day, in answer to one I wrote 
 when almost mad on Saturday night." 
 
 Now comes the first and only reference in his correspondence and 
 intercourse Avith Lady Tichborne to the supposition that he is Arthm' 
 Orton. He wi-ites: "Feby- 19*''- 1868. My dear Mamma I am 
 glad to say I am much better to day. but it such a miserable day 
 here, that I cannot go out. When I Avrote to you yesterday. I had 
 not seen the report of my case in the Times, in fact I did not know 
 of it. till some gentlemans that was here last night told me of it. I 
 had to send for Mr. Holmes last night to see a gentleman that Avas 
 here, but I had no opportunity of speaking to him for he left Avith 
 the others. The gentlemans that Avas here Avas some Friends of 
 Mr. Bloxam It appears that the other side are trying to make out 
 that I am not myself but a person named liorton. This person that 
 came happened to be a schoolfelloAV of this Horton. and in cause of 
 biisiness mentioned it to Bloxam. and told Bloxam that Detective 
 Witcher had been to him three times. He told Bloxam he could 
 SAvear to this person Horton AA'herever he seen him. so I told Bloxam 
 to bring him here and let him see if I AA'as his old schoolfelloAv. As 
 soon as he saAV me. he said. I have ncA'er seen this person before, he 
 certainly is not Horton my old schoolfelloAA'. I then sent for Mr. 
 Holmes, and he told JNIr. Holmes that the lies they have told him 
 Avas dreadfiill. He told Mr. Holmes that the person, the other side 
 told him I AA-as. AA^as a sailor and had been a sailor all his life. He 
 said this person Horton had marks on his hands that Avould never 
 disapear. from pulling on ropes, he looks at my hands and said he 
 Avould SAvear I had never been a sailor ;" — As to Arthur Orton haA-ing 
 been a sailor all his life, AA*e know that is not so ; hoAvever, I pass 
 that by — " This gentleman is named Page, and is a very rich man.
 
 ( 787 ) 
 
 He owner of ninety vessels on the river, and is a director of the South 
 Western Railwas. This will be a heavy blow for the other side, for 
 they will see that they have again broke down. I wonder who they 
 will try and make me next. Now my dear Mamma I have Avrotc 
 you a long letter, and have nothing further to say. except that 
 Mr. Holmes told me last night, that the Rev. Mr. Cooper was going 
 to make an affidavit against me. and that I dont believe. Dont you 
 ask him not to do it. on any account. Agnes and Roger arc both 
 quite Avell and Mary joins me my dear Mamma in our kind love to 
 you. Your affictionate Son R. C. D. Tichborne." 
 
 Next comes a letter to Rous, which shows that Mr. Cooke, who 
 had been to Ireland, had now come back, Avhen of course he would 
 converse a good deal about Clonmel, where his friends all lived, 
 and where the regiment had formerly been. " Dear Rous I receved 
 your kind letter. I have many things to say to you if you could run 
 up for day or two and if Mrs. Rous can spare Miss Rous bring her 
 with you. I have nobody here but Mr. Cooke from Ireland. I am 
 not going anyAvhere at present and Lady t would be so glad if Miss 
 Francis could come and stay a few days with her. I have every 
 reason to believe that my case AviU noAv go on without delay. I have 
 a great deal to say to you that I cannot well put on paper. Drop 
 me A line and say when you will be up and if you know any one that 
 Avants to bet. Mr. Hingston Avants to lay out a few hmidred now. 
 he has commissioned Bloxam to bet for him but must have money 
 down. I am sure you will like to make Mr. Cooke acquaintance, 
 hoping soon to hear from you." See the sort of way in which this 
 was going on — betting upon the issue of this litigation. I am glad 
 Mr. Bloxam has not appeared as a Avitness either on the former trial or 
 on this, as he had bets on the issue. The next letter is : — " Dear Rous 
 I receved yours of the 29th and 1st inst and also one from Mr. 
 Onslow Avho says he Avill call on me through the week. I saAV 
 Mr. Hingston yesterday — he had seen Mr. Leete and White, and 
 told me to Avait a fcAv days and he thought all Avould be right — Mr. 
 Leete father is dead and I think they entend to Avait till the fimeral 
 is over and they entend to see holmes together'' — ^Avritten AAath a small 
 " h" — ■'' I knoAv he had been telling Mr. OnsloAv a lot of humbug. I 
 have sent you your Cigar Case and put the Eyeglass inside. I am 
 very thankful to you for seeing Mr. OnsloAV for I do not think I 
 have myself stoped the case five minutes. Mr. Holmes Avrote me a 
 letter on Saturday night, it was evidently AA^rote that he might shoAV 
 the copie to any one and put the blame on me. I have sent you a 
 copie of it, and you will find it directly opposite to Avhat he 
 told you." 
 
 He next Avrites to Major Kellett, Avho has been a Avitness before you^ 
 " 3rd March. Dear Kellett Mr. Cooke has just sent you a fcAv lines, and 
 
 3e 2
 
 ( 788 ) 
 
 I liave sent you a lew of the afficlavids. I have a hundred and eighty 
 of them altogether, but I thought you Avould like to read one or two 
 of them. I am allraid I cannot leave here just at present. So if you 
 would like to have a trip over I shall be most happy to see you and 
 also Mr. Sargent if he woidd come or Mr. Morton." Mr. Morton 
 was the gentleman at Clonmel Avith whom Roger was so very intimate, 
 at whose house he constantly was. Observe this part of the letter. 
 He writes to Major Kellett, and gets Mr. Cooke to send a few lines, 
 in Avhich, no doubt, Mr. Cooke would tell him this was the real 
 Roger, Avho was anxious to see Major Kellett himself, with a view of 
 inducing him, who had kno^vn Roger very well, to come foi^ward as 
 a Avitness on his behalf ; and he has recourse to the practice Avhich 
 seems to have been uniformly resorted to Avhenever he was Avriting 
 to a party he desired to make a witness of — that of sending him some 
 of the affidavits already made. Whenever they got a man to re- 
 cognize the defendant, Baigent and Rous, who accompanied him 
 everywhere, and always present Avhen he saw one of the Carabineers, 
 or anybody it Avas desired to make a Avitness, Avere ready, pen in hand. 
 They took doAvn the name, and began at once to draAV up an affidavit, 
 putting everything in the strongest possible way, as Ave knoAV from 
 the affidavits produced, and from the men who made them, avIio, 
 Avhen called as witnesses, Avere obliged to admit that they had not 
 said all that Avas to be found in the affidavits — that, at all events, the 
 affidavits had most materially strengthened the statements they had 
 made previously. These affidavits Avere printed ; there Avere abundance 
 of them. The affidavits of A. and B. are sent to C. C. is partly 
 persuaded by the affidavits Avhicli he then receives, and says, " Dear 
 me ! if So-and-So say he is the man, he must be ;" and having seen 
 these affidavits he goes A\dth a bias on his mind Avhicli prepares him for 
 the recognition of the defendant. Then C. makes an affidavit, and 
 then the affidavits of A. B. and C. are sent to D., and so it goes on, 
 until at last the defendant states in this letter that the affidavits have 
 reached the number of 180. The supposed mother's affidavit, and the 
 affidavits of everybody else, and the Castro correspondence (Avhich Avas 
 supposed at that time to make in the defendant's favour) — all that is 
 printed and circulated. I must say (and I say so Avith the sanction of 
 my learned brethren) that this course of proceeding Avas one discredit- 
 able to Mr. Holmes, as the professional adviser of the defendant, and 
 I hope it is a system that never Avill be resorted to again. The idea 
 of inducing a Avitness to adopt a vicAV or express an opinion Avhich is 
 not the result of his OAvn vmbiassed judgment, but Avhich he is induced 
 to come to by haAdng the opinions, the judgment, and the statements 
 of other persons placed before him, in order to induce him to be 
 biassed by their judgment, instead of forming his own independently 
 of aU other considerations, is a system unknoAvn to us in the course
 
 ( 789 ) 
 
 of the preparation for the trial of an issue, and obtaining witnesses 
 for the purpose of supporting that issue. This system is one Avhich 
 is altogether unprofessional, and which must he considered — I do not 
 hesitate to say so — discreditable to any professional man Avho adopts 
 it, as Mr. Holmes in this case did. It is one which I hope will not 
 be resorted to again, but, if it shoidd be, I hope it will be denounced 
 and reprobated, as, in the discharge of my duty, I take this 
 opportunity of denouncing and reprobating it on the present 
 occasion. 
 
 Then there is a letter to Mr. Eons, of the 4th March. " Dear 
 Rous I receved your kind letter. I shall start from Waterloo by the 
 first train on Friday morning. Will you kindly arrange for Mr. 
 Hopkins Mr. OnsloAV and the Col. to meet me at a convenient hour 
 has I shall have to return the same night. I will bring Mr. Hingston 
 uith me. if I can — considering he has lent me so much money I think 
 he ought to be A party to all my counsel with others — I know him 
 to be a Gentleman and a friend — and therefore I don't think my 
 friends at Alresford will mind making his acquaintance." We have 
 not been introduced to Mr. Hingston. I do not know what he is, 
 but I should gather fi-om his lending so much that that gentleman is 
 one who deals in lending money, and takes very good care to get 
 abundant interest, or promises of abundant interest, for the amount 
 lent. 
 
 On the 6th of March, the defendant writes a letter remarkable only 
 for the character of the spelling of a word which occurs in it. " I am 
 very glad you have got that House on those terms. I saw Mr. Holmes 
 last night and he told me about it. Francis has just started for home, 
 he has promised to meet me at your House on Wednesday. Poor 
 fellow he is nearly nocked up." That Avord is a curiosity, because 
 the " k," Avith which the w^ord " knocked " should commence, is left 
 out, and that that is not a slip is shown by the recurrence of the 
 word -with, the same spelling — " We were both very ill when w^e left 
 Liverpool — but I have quite recovered again thank God. I had too 
 much talking, that and cold together quite nocked me up. I intend 
 to start by 5 p.m. train to morrow evening," and so forth. Then there 
 is a letter to Rous again of the 6th, and this is a curiosity again in 
 point of orthography. " I am afi'aid my friends will think very bad 
 of me for not coming doA\ai, but it was next to an imposseabilite" — the 
 last syllable spelt "te" instead of " ty" — " I left Croydon last night 
 to stay in London, so as to leave by the first train this morning, and 
 went to spend the evening at Bloxams to my great surprise Mamma 
 came there about ten o'clock almost frantic and I could not get her 
 to go home before I promised not to go and it would not do for to 
 brake my Avord Avith her has she has been so kind to me" — You see 
 she Avill not let him go out of her sight — " I enclose a letter she sent
 
 ( 790 ) 
 
 in search of me before she foimd out where I was. This mornhig I 
 receved a letter from Mr. Holmes. I entend to keep out of the way 
 at present, but wall be here from 3 to 5 to morrow, if I am arrested 
 I shall be declared Insolvent and cannot appoint an Assignee has I 
 am not in possession. I met Mr. Hmgston on Wednesday night he 
 had seen holmes an holmes had told him that all he required was 
 security for what he might lay out of pocket. But when I told him 
 of Norris letter he was sm'prised and said he Avoidd go and ask 
 holmes what the D he ment by it. I suppose this has annoyed 
 holmes and he told these partys to Avrite to him — it almost drives me 
 mad has holmes persuaded me to let them have a judgment against 
 me and of course they can arrest me at any minute. I conld manage 
 praps to pay the two hundred and od pounds" — odd spelt with one 
 " d " — " but if I did that I should have to pay all the others of course 
 that I cannot do I don't know Avhat to do holmes is evently playing 
 me false has he told me some time ago these Bills w^ere all right, 
 and the parties would consent to wait. If you see my friends who so 
 kindly was to meet tell them it appears to me has if I Avas standing 
 in a place surrounded by fire, and which ever Avay I go I go into it 
 tell Mr, Onslow I should be most happy to receve his advice and 
 also that of Mr. Hopkins & Col Lushington I hardly knoAv hoAv to 
 do or hoAV to act. The only Avay I knoAv of is to go over to France 
 tiU they come to some arrangement Avith Mr. Holmes for me. I am 
 very sorry I sent Norris to Holmes, has he Norris, I find cannot be 
 depended on, for I have found out that he also is playing false. My 
 God is this not dreadfull to find everyone I trust selling me like a 
 Horse at a fair" — suspicious, yovi see, of everybody. Mr. Norris, 
 the solicitor, Avas the attorney of the alleged mother. 
 
 On March 7th, he Avrites to the DoAvager, " My dear Mamma, I 
 had the Waggonette up to start the first thing this morning, but 
 coidd not on account of the diarhea. There are also some suspicious 
 looking fellows about, so I don't want to go out. There is a Train 
 starts from Bed Hill which is tAvelve miles fi-om here at 9/15 p.m. 
 so I shall driA^e over there and meet it to night. I Avould like you 
 my dear Mamma to come doAvn, and bring that letter loith you that 
 I shoiued you last nightr That was a letter fi^om Mr. Holmes 
 proposing to throAv up the case. Then he goes over to Boulogne to 
 get out of the Avay, and on March the 8th he AAi-ites, " My dear 
 Mamma, I have great pleasure in leting you knoAv I arriA^ed safe. 
 We had to stay all night at Folkstone, but arrived here quite safe 
 this morning. I have told Bogle, my Mama, to send you two letters 
 that I left Avith him to shoAv Mr. Hingston, one is the letter you 
 saAV The other is a letter from Mr. Holmes giving up the case. I 
 would like you to go to Mr. Norton and ask him if he Avill take up 
 the case and show him Mr. Holmes letter, if he Avill shoAv him the
 
 { 791 ) 
 
 other and get him to go and stop it so that I can come back. I can 
 do no more now till I hear from you. This seems a very quite 
 Hotel " — quite for quiet — " and we are very comfortable as yet. We 
 had a very stromy passage across, the wind blew very hard, send my 
 kind Love to my Avife and chilldren and some kisses to my dear little 
 Agnes and Roger. The felloAv that Avas Avatching me at Croydon 
 yesterday came to Folkstone this morning, but being Sunday morning 
 he could not arrest me. Waiting noAv till I hear from you my dear 
 Mamma. I remain your Affectionate Son, R. C. D. Tichborne." 
 
 At this time there occurred a startling event. On the 12th of 
 March Lady Tichborne died suddenly; it appeared there AA^as 
 disease of the heart. She was sitting in her chair in her apartment, 
 and AA'hen some one Avent in she Avas found dead in her chair. On the 
 23rd of March the defendant Avrites to Major Kellett, " Dear Killett 
 I should have AA-ritten to you before in ansAver to your kind letter, 
 but I liaA'e no doubt you haA-e heard of the great loss I have sustained 
 in losing my poor Mother. It noAv necessary that I shoidd get all 
 the AA'itnesses I can to support my case. It necessary to have all 
 Affidavits filed before the end of this Aveek Will you therefore be so 
 good as to help me. by coming over Avith Capt" Sankey on Wednesday 
 or Thursday next. I am Avriting at my Solicitors office, and I have 
 no other paper I am sorry to give you such short notice but I am 
 driven up in a corner." Then he writes to Rous on March 28th, 
 " 2 Wellesley, Croydon, March 28/68 Dear Rous I receved your 
 kind letter yesterday. I hope you Avill soon get me a house" — the 
 mother being gone there Avas no longer any one to restrain him fi'om 
 going to liA^e in that part of the country — " in yoiu-" — noAv comes the 
 Avord AAdiich he said a man must be drunk not to be able to speU — 
 " neighborhood I am very unAvell here I had A letter from Mr. OusIoaa- 
 he says he thinks he can soon get one I have got tAA'o more Affidavits 
 one fi'om Sarg' Major Mac Court and one from Searj* Major Mankan 
 and Miss Braine sign hers on Monday, poor Francis is here working 
 A'ery hard for me. I should be quite lonely only for him, Mr. Holmes 
 seems to throAv himself Avell into the Case noAv. I only hope he will 
 continue to do so. My wife has just come in and sends her kind 
 regards to you all we are aU very Avell in health thank God. I am 
 trubled a little bit of A night AAath my" — noAv this is an aAvkAvard 
 AVord AA'hich he has a difficulty in spelling — " cought but nothing to 
 speak of. I hope Mrs. Rous is better and that Miss Rouse and the 
 Boys are quite Avell. I am most happy to receve A line from you 
 any time you liaA^e time to AAante." Then he appears to have AA^ritten 
 to a Mr. Shield in Australia, to AA'hom he had made application at 
 some previous time — aa^c have not the letter and I do not knoAv Avhat 
 it Avas — ^but this letter has been put in of April 7th : " Mr. Shield. 
 Dear Sir, My Solicitor i\Ir. Holmes has just shoAvn me your letter of
 
 ( 792 ) 
 
 tlie 24*'' Dec /67. You do not appear to remember me. I lived with 
 Mr. Ward -wlio went by the name of Parramatta Jack. You must 
 remember me. I am the party who went out and run the Black boy 
 down, who had committed an assault on a little child and who the 
 Police could not catch. You must remember making a promise to me 
 with Sub Inspector O'Neal, that if I went and caught him you would 
 not summon me at the trail" — he means trial — " I am also the party 
 who wrote the letters Mr. Sinclair left in your charge, in case I shoidd 
 die. I have no doubt you remember I had to write to Mr. Robenson 
 before you would give them up to me there. Avas no telegraph to Hay 
 in those day The TelegTaph House or office must have been built 
 after I left I left just after some Villans put your carraige in the river. 
 I remember Mrs. Shiell ^-ery well also her Servant Mrs. Murphy the 
 constable Wife." On the 14th he writes to Rous. There is nothing 
 particular in the early part of the letter. Further on he says, " We 
 have not heard anything further from the swindling side " — that is, 
 his opponents — " I wonder what their next move Avill be. Col. 
 George found his lies was no good so he thought he would try and 
 talk Mr. Onslow away from me. Mr. H. had a letter from Mr. 
 Norris saying he had just receved a letter from a gentleman a friend 
 of Lord Arundell's beging of him to have nothing to do with my 
 case, that he knew for certain I had left the country. Mr. Norris 
 had seen me between the time the letter was wrote and receving it, 
 so it was sure to have a great effect on him." He continues, further 
 on: "I Avas much disappointed not meeting Francis at the Station 
 the day I left. I thought he said he would come. I have here 
 nothing to do. but I should liked his company much. I met a 
 person at Woking Junkion. I thought it was Mr. Falke. I find it 
 was not. I think it must be some one fr-om Alresford. I must 
 have looked very foolish, for he could not have known what I Avas 
 speaking about, I thought I Avas speaking to Mr. Falke, Mr. 
 Hingston Brother-in-laAv " — leaving out the " s " — " I can never 
 remember a person after meeting them, if you should find out Avho it 
 Avas please apologise for me. Sincerely yom-s." There is a passage 
 in that letter Avhich strikes one's attention. " Colonel George " — 
 that is GreeuAvood — " found his lies Avas no good." Is that the Avay, 
 even if Colonel George Green Avood had refused to acknowledge him, 
 or had taken part against him, that Roger Avould have spoken of 
 Colonel George GreeuAvood, Avho had been so kind to him as a 
 youngster, Avho had gone over Avith him to Sandliurst to befriend 
 him, as far as he could, on the occasion of his examination, and of 
 Avhom, Avhen the undoubted Roger Avrote about him, he ahvays Avrote 
 in a respectful manner? Unless you can account for it by his 
 Australian life, is such a passage as " Col. George found his lies was 
 no good " either as regards tone or style the language of an educated
 
 ( 793 ) 
 
 gentleman ? Would Roger have spoken of Colonel George Green- 
 wood in that way ? 
 
 We have next a letter to Rous of the 18th, in which he says this : 
 *' I was at Hackney seeing Orton two sisters yesterday. They g.ave 
 Mr. Holmes a very strong Affidavid exposing much that had been 
 done by the other side. I hope they will go on with this Case. Do 
 not mention this to my Lady or they will not put it on record. I 
 believe it has been reported that I have been ill. I am thank God 
 very well and have been so lately." Next comes a letter of the 20th 
 April, the last passage of Avhich is of the most vital importance. 
 " Dear Rous, I receved your letter this morning. My reason for 
 not coming down last week was because Holmes had taken the 
 house for A nother week " — the syllables are divided in " another " 
 as on former occasions — " I shall be glad when I get out of this, for 
 we are miserable here. They are going to apply on Thursday for a 
 Recever. So I suppose I cant get away untill Satm-day. as I shall 
 have to give up my Mother Boxes. Let me know as soon as the 
 house is ready, for we are so miserable in the way Ave are. Ave 
 have had everything packed up for more than a Aveek. even our 
 Bed. We shall have to stay a day or tAvo Avith you till Ave get the 
 things fixed. AA^hen Ave do come. Francis is here helping me all he 
 can." Then comes the important passage : " We have rece\'ed a 
 nother letter from Senor Don pedro Castro of much importance, 
 inasmuch has they have offered him a bribe, he has sent part of 
 my Hair back, in the letter. You shall have a copy." If that 
 " he has sent a part of my hair back in the letter " is to be treated, 
 as the language imports, as an acknoAA'ledgment that the hair Avhich 
 Avas sent back — under Avhat circumstances Ave shall see presently 
 Avhen Ave come to the Castro correspondence — Avas the defendant's 
 hair, which had been cut off, as that correspondence states, by an 
 old lady aa^Iio had taken a fancy either to Arthur Orton Avhen a lad, 
 or to Roger Avhen he was out there as a man, and avIio had cut a 
 lock of hair from his head — if that is to be taken as the defendant's 
 hair, it is, for the reason I shall point out to you by and by, con- 
 clusive of this case. The defendant, though he there acknowledges 
 that it Avas his hair, and though he acknoAA'ledges that again in the 
 answer Avhich he writes to the sender, has since denied that it is his 
 hair, and that denial must be taken as CAddence giv^en by him in the 
 cause, and must be taken into account. You Avill have by and by to 
 consider Avhether that is the defendant's hair or not ; but undoubtedly, 
 in the consideration of that all-important question in this cause, this 
 letter Avhich I shall present to you again for your careful consider- 
 ation by and by constitutes a material element. There is the ac- 
 knoAvledgment in terms that a portion of his hair has been sent by
 
 ( 794 ) 
 
 Pedro Castro. He speaks of it as "my hair," and therefore lu 
 terms acknowledges that it is his hair. 
 
 We are now coming to a very important part of this case, which 
 occurred in the year 1868. It having been stated by the defendant, 
 both in his affidavit and in his examination before Mr. Roupell, that 
 he had passed some time at Melipilla — some days at all events, and 
 had there made the acquaintance of Castro, Avhose name he after- 
 wards assumed in Australia, inquiries were naturally made in that 
 quarter as to whether Roger had ever been heard of there, or, if 
 Roger had not been heard of, Avhether some other young Englishman 
 had been, and if so, who he was — above all, if a person of the name 
 of Orton had been heard of, and the facts which came to the 
 knowledge of the defendants in the ejectment led them to apply for 
 a commission to be sent out to Chili to examine witnesses there 
 on this most important part of the case. The issuing of that 
 commission was opposed by the defendant. He made an affidavit in 
 the month of June, 1868, that the application Avas made solely for 
 vexation and delay, and for the purpose of adding to his embarrass- 
 ments. In his affidavit, in which the name of Arthur Orton appears 
 for the first time, he sets out a paragraph that had aj)peared in 
 the Australian newspapers. He says in this affidavit, " Various 
 paragraphs adverse to me have appeared in the Australian neAvs- 
 papers since my return to England, and which I believe emanated 
 from the same Mr. McKenzie. The foUoAving is a coj)y of a 
 paragraph from the *Hobart ToAAni Mercury,' Avhich my solicitor 
 recently received fl-om Australia: — ^ The Tichbome Baronetcy. 
 Mr. John McKenzie, a gentleman of the legal profession, Avho has 
 been in these colonies for some months past, prosecuting inquiries in 
 the above cause under an order from the Court of Chancery, has 
 again paid Hobart ToAvn a visit. We understand Mr. McKenzie 
 has ascertained, as the result of his investigation, that the Australian 
 claimant, Avho was knoAAii in Ncav South Wales as Tom Castro, is 
 identical Avith the young man named Arthur Orton, Avho, early in 
 the year 1853, arrived in Hobart Town from London in the ship 
 * Middletone,' Captain Stone, noAV of the * HarroAvby ' in this port, 
 in charge of tAvo Shetland ponies imported by Mr. T. D. Chapman. 
 Orton signed ship's articles as a butcher, and Avas afterwards in the 
 employment of various butchers in this tOAvn, and ultimately Avas 
 engaged here by Mr. John Johnson to proceed to his station at 
 MeAvbvirn Park, Gippsland, to act as a stockman and general servant. 
 We also understand that the photograph of Tom Castro, aa'Iio is 
 knoAATi in England as Sir Roger Charles Doughty Tichborne, 
 Baronet, has been recognised by his former employers and other 
 parties here as correct likenesses of the above-mentioned Arthur
 
 ( 795 ) 
 
 Orton." Then the affidavit, after setthig that out, goes on thus: 
 " I knew the said Arthur Oi'toii referred to in such paragraph. 
 He was the son of a butcher in Wapping/' Then he describes 
 the face of Arthur Orton, and again says that Orton's face was 
 " pitted Avith small-pox," but makes no mention Avhatever of a scar 
 on his face. 
 
 Well, the application for a commission to Chili was granted. It 
 w^as so obviously necessary as to make it impossible that the learned 
 judge would refuse to grant it, and a similar application for a com- 
 mission to examine Avitnesses in Australia Avas also made and 
 acceded to. On the part of the defendant an application Avas made 
 by his attorney to postpone the execution of the commission to 
 examine Avitnesses in Australia, on the ground that his presence 
 AA^as essentially necessary at both places ; that it Avas necessary 
 he should go to Chili for the purpose of being identified by the 
 Avitnesses there, and equally necessary that he should go to Aus- 
 tralia for the like purpose ; and as he could not be in tAvo places at 
 the same time, it Avas asked that the execution of the Australian com- 
 mission should be postponed ; and Avith a view of showing that that 
 Avas only a reasonable application, the defendant makes an affidavit 
 of the 3rd September, 1868: "I, this deponent. Sir Roger Charles 
 Doughty Tichborne, for myself, say I haA-e made the necessary 
 arrangements for proceeding immediately to Chili and Australia, 
 to be present upon the examination of AAatnesses there imder the 
 commissions issued in this action. I have also retained and paid 
 counsel to represent my interests in Chili, and have paid his pas- 
 sage-money, as Avell as that of myself and attendants en route there, 
 and I distinctly SAvear that it is my positive intention to carry out 
 such arrangements, and after the execution of the commission in 
 Chili, to proceed direct from thence to Australia for the like pur- 
 pose." Then, the affidavit being a joint one of the defendant and 
 Mr. Holmes, Mr. Holmes goes on : " I, this deponent, John Holmes, 
 for myself say that the said plaintiff's leading coimsel have advised 
 that it is necessary and proper that the plaintiff should himself pro- 
 ceed to Chili and Australia, and be present upon the execution of 
 such commissions. I know that the said plaintiff has made an-ange- 
 ments for going to those countries at once. I haA'e instructed coimsel 
 on his behalf to accompany him to Chili, and I have also instructed 
 my agents in Australia to retain local counsel there for him upon the 
 execution of the said commission to that colony." Well, the applica- 
 tion seemed perfectly reasonable, and the summons coming on to be 
 heard before Mr. Justice Hannen, then a judge of this court, Mr. 
 Justice Hannen made an order of the 8th of September " that on the 
 defendant's imdertaking to present himself on the appointments for 
 executing the commissions in the republic of Chili, and in the colonies
 
 ( 79G ) 
 
 of Victoria, New South Wales, and Tasmania, when required by the 
 acting commissioners or commissioner, as the case may be, on having 
 reasonable m-itten notice for that purpose, the execution of the com- 
 mission, dated the 3rd September instant, for the examination of 
 witnesses in the said colonies of Victoria, New South Wales, and 
 Tasmania, be suspended until the 4th day of March, 1869, and that 
 from and after such day the defendants be at liberty to proceed with 
 the execution of the last-mentioned commission as if this order had 
 not been made." An undertaking was accordingly given on the part 
 of the defendant that he Avould attend at the Chili commission at the 
 time. On the 9th of September the defendant, then the plaintiff in 
 the ejectment suit, started Avith a gentleman of the name of Hall, a 
 member of the bar, as his counsel, and Mr. Stephens, Mr. Holmes's 
 managing clerk, in the * Oneida ' steamer for Rio, on their way to 
 Chili, and they arrived at Rio on the 3rd October. From Rio the 
 passage was taken for all three by the steamer which goes round Cape 
 Horn, through the straits, to Valparaiso, that being their destination, 
 in order to have this commission executed. But, notwithstandino- 
 the passage had been taken for the defendant, he said he shoidd not 
 go by sea; he did not like it; he shoidd go by land across the 
 mountains. Accordingly, Hall and Stephens start by steamer ; the 
 defendant goes by land. He gets as far as Cordova, a place betAveen 
 Rio and Mendoza, the latter being at the foot of the mountains. He 
 stays at Cordova a short time, and then turns back under circum- 
 stances which I shall have to give you in his OAvn language presently ; 
 he turns back, comes back to Rio, holds no communication whatever 
 with Mr. Hall and Mr. Stephens, leaves them to take their o"\\m course, 
 and, indeed, to take their chance, and ships himself quietly in the first 
 steamer starting for England ; and, to the astonishment of Mr. Holmes 
 and of the persons Avith whom he had gone out, ostensibly to meet the 
 AA'itnesses in Chili, he quietly comes back by himself. 
 
 In the meantime, Mr. Holmes, altogether unaAvare that he AA^as 
 coming back, had applied for a further postponement of the execution 
 of the Australian commission under circumstances Avhich he states in 
 his affidavit. He says : " The plaintiff, accompanied by his coimsel, 
 Mr. W. E. Hall, of the Western Circuit, and my managing clerk, 
 Mr. John Stephens, left England by the mail ship ' Oneida ' on the 
 9th day of September last, and the arrangement then Avas that the 
 party should proceed to Chili, by Avay of Rio de Janeiro, Buenos Ajn^es, 
 and the Straits of Magellan, so that the plaintiff might, If required, 
 be present upon the appointments to examine Avitnesses in Chili under 
 the said commissions, pursuant to the said order; and after the said 
 commissions to Chill Avere fully executed, then that the plaintiff and 
 my said clerk should go from Chili to Melbourne for the purpose of 
 enabling the plaintiff to be personally present, if necessary, and pur-
 
 ( 797 ) 
 
 suant also to the said Mr. Justice Hannen's order, upon the appoint- 
 ments to examine witnesses imder the said commissions to the said 
 colonies. Since the said departm-e of the plaintiff' and my clerk, I 
 have received letters from them, to the effect that the plaintiff" had 
 resolved, upon his arrival at Buenos Ayres, to travel overland, across 
 the mountains, fi-om thence to Chili — as he stated he had done pre- 
 viously — and that Mr. Hall and Mr. Stephens parted company with 
 him at the last-named city, and proceeded by steam-ship through the 
 said Straits of Magellan to Valparaiso, where they both arrived in 
 due course. I am informed, and verily believe, that the journey across 
 the mountains from Buenos Ayres to Chili in the months of November 
 and December is fi'aught Avitli difficulty, danger, and delay, on account 
 of the snow, the Indians, and other causes. On the 13th day of January 
 instant, I received a letter fi'om my said clerk, Mr. John Stephens, 
 dated Santiago, 28th November, 1868, in which he reports to me the 
 non-arrival of the plaintiff", but expresses his belief that he is travelling, 
 and will jom him shortly; also that the commission would be opened 
 on the first day of December, and that Mr. Purcell, the coimsel who 
 Avent out fi'om England on behalf of the defendants, the Honourable 
 Teresa Mary Josephine Doughty Tichborne " — I cannot help remem- 
 bering that that name has come across me before. I think I have 
 already observed that the defendant christened liis daughter in Aus- 
 tralia not Theresa Mary Josephine, but Mary Agnes Theresa, which 
 seems a striking coincidence, more especially, as afterwards, on having 
 a son born, he added the name of Joseph to that of Roger. Where 
 he got those names, of course, it is impossible to say ; but they appear 
 in the mention of the lady Avhom Sir Alfr'ed had manied, in the 
 obituary in the ' Illustrated London News.' Certamly it is an odd 
 coincidence that the defendant shovdd hit on the two names borne by 
 the daughter of Lord Arundel, whom Alfred had married. It may 
 be a coincidence, but it is a remarkable one, if it is nothing more, 
 because Roger could not have known that his brother had married, 
 except fi'om such a source as that ; he could not have known it until 
 long after he left England, because it did not take place imtil 1861 — ' 
 The affidavit goes on to say : " that the counsel for the Honourable 
 Teresa Mary Josephine Doughty Tichborne, and the Honourable 
 William Stourtou, liaAing leave to defend this action, had stated his 
 intention of calling many Avitnesses, and that he thought he should be 
 obliged to resort to the local courts, in Avliich case it Avould take tAVo oi* 
 three months ; that the journey fr-om Chili to Melbourne would take 
 tAvo months, and it Avould be impossible therefore to reach there in time 
 for the opening of the commission to the colonies on the 4th day of 
 March next. The only question to be decided in this action," says 
 the deponent, " relates to the plaintiff''s identity, and I have ahvays 
 held and expressed a decided opinion that he A\'as bound in the interest 
 of justice to go abroad and personally present himself to the Avitnesses
 
 ( 798 ) 
 
 ■\vlio might be called upon citlier side to give evidence under tlic said 
 commissions, both in Chili and Australia ; and in support of my said 
 opinions I have put myself to the greatest possible inconvenience by 
 sending out my said managing clerk to accompany the plaintiff." 
 Now, in these affidavits it is stated that the arrangement Avhich had 
 been made by Mr. Hall, the defendant's counsel, was, that all should 
 proceed to Rio, and thence by the Straits of Magellan to Valparaiso ; 
 but when they arrived at Rio, the defendant declined to go with the 
 others in the steamer, saying that he shoidd go across the mountains. 
 He never did go across the mountains ; he never did try that passage, 
 nor was he delayed by the snow, or by the Indians, because he stopped 
 at Cordova, when he had only got half-way to the mountains, and 
 came back. Now, of com^se, on his aiTival in this coimtry people held 
 up their hands and said, " How is this ? To what can it be ascribed 
 except to a desire not to meet the witnesses out there, who might still 
 remember the appearance of Arthur Orton, and who might say that 
 instead of being any one whom they had known out there as Roger 
 Tichbome, he was the person they had known there as Arthur 
 Orton." It must be admitted that it woidd be by no means an unfair 
 inference to draw fi-om such conduct. The execution of the Australian 
 commission had been postponed on his application by the learned judge, 
 on the ground that it was essential to the ends of justice, whether he was 
 the right man or the wrong, for his sake, or for the sake of the other 
 party, that he shoidd be personally present Avhen those witnesses Avere 
 examined, in order that they might have an opportimity of seeing 
 whether he was the real man or not, and on that gromid the execution 
 of the Australian commission was deferred, on his affidavit that he was 
 prepared to go all the way to Chili to be present at the execution of 
 the commission, and on his giving an imdertaking to do so. Of 
 course, when he came to be examined in court lie was interrogated 
 as to this, and asked for an explanation of what appeared to be so 
 strange a proceeding. The learned counsel for the claimant broke 
 ground first ; he did not leave it to be brought out on cross-examina- 
 tion, he smoothed the way by inquiring on the examination-in-chief: 
 " I think you went on the 9th September, 1868? — We started fi-om 
 Southampton. Q. At the time of your leaving, in September, 1868, 
 had you been suffering fi-om any complaint ? — I had. Q. What com- 
 plaint had you been suffering from ? — Erysipelas. Q. I believe you 
 got as far as Lisbon, in the first instance, where you had a corre- 
 spondence, I think, with Mr. Norris — I do not want to go into it at 
 present? — Yes; Avith Mr. Norris. Q. Did you proceed on your 
 journey fi'om Lisbon to Rio ? — Yes. Q. What was the condition of 
 your health during the voyage ? — Not very well. Q. When you arrived 
 at Rio, did you make any arrangement to proceed to Valparaiso ? — 
 Yes. Q. Did you make the an-angcment yourself, or did you 
 leave it to Mr. Stephens and Mr. Hall ? — I left it to Mr. Stephens
 
 ( 799 ) 
 
 and Mr. Hall to choose what route they would take to Chili from 
 Rio. Lord Chief Justice Bovill : You all went together to Rio ? 
 — Yes, to Rio. Q. Mr. Stephens, Mr. Hall, and yoiu'self ? — Yes." 
 Mr. GifFard then asked him who those gentlemen were. " I may as 
 well ask you at once — those gentlemen were on your side? — They 
 »vere. Q. Do you know by what route the other side were going ; 
 it is not very material ; they were not with you, at all events? — No. 
 Q. Did you go as far as Monte Video ? — I did. Q. From Rio ? — 
 From Rio. Q. What Avas your state of health when you were at 
 Monte Video ? — Very bad. Q. At that time had it been arranged 
 whether you three should go to Buenos Ayres or not? — It was 
 arranged at Rio Janeiro that we should go to Buenos Ayres, and 
 then take the overland route. Q. Then go overland from Buenos 
 Ayres ? — Yes. Q. In consequence of something that was heard — it 
 does not matter what, at this moment — did they go by a different 
 route from you ? — Yes, went by the Straits of Magellan. Q. Hoav 
 did you go ? — I attempted to go overland." Now you see there is 
 here at once a conflict between these two statements. According to 
 Mr. Holmes, the arrangement was, that they should all go fi'om Rio 
 by sea, all three together, and the passage of all three was taken 
 and paid for, but it Avas the defendant's act in determining to go 
 overland, contrary to the arrangement Avhich had been come to. He 
 says the reverse ; he says they were aU to go by land, but he left 
 them the option, Avhether they Avould go by land or Avater, and they 
 preferred Avater ; but he adhered to the original resolution to go by 
 land. Mr. Holmes, in his affidavit, and the defendant are at issue on 
 that point. " Q. Where did they go to ? " — that is, Mr. Hall and 
 Mr. Stephens — " To Valparaiso. Q. And then you contimied your 
 original route on to Buenos Ayres ? — I did. Q. Your stopping at 
 Monte Video AA-as on the Avay, I presiune? — Yes, it was simply 
 according to form ? Q. When you got to Buenos Ayres, Avhat was 
 the state of your health then? — I AA-as not Avell. I had to remain 
 three days on board the steamer before I Avent ashore. The Lord 
 Chief Justice: What? — I remained on board of the *Anio^ 
 steamer three days before I went ashore. Mr. Giffard : The 
 * Arno ' Avas the steamer that had taken you from Rio to Monte 
 Video and fr-om Monte Video to Buenos Ayres ? — Yes. Q. When 
 you got to Buenos Ayres did you make any arrangement to go on ? — 
 1 did. Q. Ultimately you did not go on, but retm-ned to England ? 
 — Well, I Avent about 1,100 miles of the journey* Q. Hoav far did 
 you go ? — I got to Cordova. The Lord Chief Justice s CordoA^a 
 seems to be about half Avay, according to the map. Mr* Giffard ; 
 He says about 1,100 miles. Mr. Serjt. Ballantine: It is at the 
 foot of the Cordilleras ? — No, not quite, I think. That is Mendoza.'' 
 NoAA^, the statement that Cordova is 1,100 miles fi'om Rio seems to
 
 ( 800 ) 
 
 me a very gross exaggeration, that is, if Koger, who went the whole 
 route on horseback, rightly represents the distance; he says the 
 distance from Mendoza to Cordova is 400 leagues, which he makes 
 1,200 miles. I do not beUeve 400 leagues is 1,200 miles, for I believe 
 it is a popular delusion to suppose that thi-ee of our miles go to 
 a league ; in reality it is about 2^. However, if you look at the map, 
 you will find that Cordova is not much more than half way, which 
 would reduce the 1,100 miles of the defendant's statement to 600. 
 Even that is imdoubtedly a tolerably long distance ; still it is not right 
 to exaggerate it. Then Mr. Giffard goes on: " It was at Cordova that 
 you finally stopped on your journey ? — Yes. Q. How came that to 
 pass ? — I was waiting at Cordova to be joined by Captain Burton, 
 and Major Richards, and the Honourable Constable MaxAvell." He 
 does not explain to us how he had arranged Avith them to go -with 
 him or why he waited for them. However, " Having waited some 
 time, did you at last make up yom- mind to start by diligence 
 for Mendoza ?— I did. Q. On the night of the 26th of November, 
 did you send all yom- luggage down to the diligence oiRce ? — Yes. 
 Q. When was the diligence to start ?— At five o'clock the next morn- 
 ing : there were three of them. The Lord Chief Justice : Three 
 diligences do you mean? — Yes. Q. Which started at the same time 
 do you mean ? — Yes, my Lord. Mr. Giffard : Q. As a fact, you 
 did not start by it ? — I did not. Q. How came that ? — I was taken 
 ill in the night. Q. Did any one attend you ? — The landlord, Colo- 
 rado, and his wife. Q. Wliat was the residt ? were you able to go 
 on yom- journey or not ? — No. Q. Did you finally return to this 
 country? — I did. Q. Did you do that of your OAvn motion, or was 
 that under advice ? — Partly under advice, on account of my state 
 of health." He is cross-examined about this, and he is asked 
 Avhether the rest of the party, that is the other two, Mr. Hall, his 
 counsel, and Mr. Stephens — "Did they A^dsh you to go round 
 by the Staits of Magellan to Valparaiso, and you declined? — I 
 declined ; yes. Q. Why ? — Because I gave them the option in Rio 
 of taking Avhicli route they thought proper, and they chose to go over- 
 laud Avith me. When they got to Monte Video they Avent ashore and 
 saAv the consid there. Major Munro, Avho Avas the agent for the 
 Panama steamer, Avhich Avas then lying in the harbour, and the Major 
 persuaded them that the Indians were very bad, and they woidd have 
 their throats cut, and I don't know Avhat all, and so frightened them 
 that they Avent by the steamer and I AA^ould not go. I made up my 
 mind to go overland." So that you see they were going overland, and 
 then this crafty Major, being the agent of the Panama steamer, and 
 Avishing to secure them as passengers, tells them a pack of lies about 
 the Indians, and so forth, and so fr-ightens them that they AviU not go 
 overland, and then the defendant, not being intimidated by fears of
 
 ( 801 ) 
 
 that kind, determines to go, and goes part of the way. " I attempted 
 to do so," the defendant says. " Q. However, they Avent round by 
 the Straits of INIagellan to Valparaiso ? — Yes, I was very ill at the 
 time. Q. Did you write to Mr. Holmes and inform him of this 
 change of intention of theirs ? — I don't know whether I did or not ; 
 I don't think I did." Then Mr. Holmes's affidavit is read to him : 
 " Since the departm-e of the plaintiff and my clerk, I have received 
 letters from them to the effect that the plaintiff had resolved, upon 
 his arrival at Buenos Ayres, to travel overland across the mountains, 
 from thence to Chili, as he stated he had done previously, and that 
 Mr. Hall and Mr. Stephens parted company with him at the last- 
 named city?" — And he says: "I say it Avas not at Buenos Ayres. 
 — Q. Is that true ? — It is true if you put in the name of 
 Monte Video in place of Buenos Ajres. If you were going 
 through the Straits of Magellan, you would not go to Buenos 
 Ayres. I Avill put it Monte Video if you like. You asked me if 
 it was ti'ue. If I had said yes, you Avould have made an attack on 
 me. I will put it Monte Video." Then the passage is read again 
 " Is that true ? — Yes, we resolved to do it before we got to Rio ; it was 
 not when there that I resolved to do it. Q. Then, that is not correct ? 
 — We made our preparations to go that way. Q. This conveys an 
 incorrect impression ? — I don't know that it was done for the purpose. 
 I am not suggesting that Mr. Holmes did it for the purpose ; you 
 see we all took and paid for our passage at Buenos Ayres." Then 
 the Chief Justice says, " Did I understand you to say ' we had all 
 taken oiu* passage at Buenos Ap-es, and paid for them ? ' — Yes, they 
 were all taken. Q. The whole party ? — Yes, the whole party had a 
 free passage. The Solicitor-General : It is incorrect to say they 
 were keeping to their plan, and you resolved to change it? — That 
 would be incorrect certainly." Well, neither Mr. Hall nor Mr. 
 Stephens has been called, but the fact that the defendant admits that 
 the passage was taken for aU three certainly would seem to favour 
 Mr. Holmes's statement, that the original plan Avas that they should 
 go romid by the Straits of Magellan. The defendant, however, states 
 that that is not correct, and that it was not he Avho departed from the 
 original plan, but the other two. Then comes the question about his 
 being prevented by illness, and I think one must say that there 
 certainly never was a man so imfortunate as the defendant has been 
 with reference to a great many of the critical conjunctures of this 
 case, that he shoidd be so frequently taken ill, just at the very time 
 Avhen it Avas most essential he should be Avell. I do not knoAv hoAV 
 many instances of the same kind occur. Repeatedly he is either ill 
 or drunk. He is drmik Avlien he goes on board the ' BeUa ;' he is 
 delirious Avhen he is on board the ' Osprey ;' he is ill at the moment 
 Avhen he should be up to meet his mother ; and he Avas ill on this 
 
 3f
 
 ( 802 ) 
 
 occasion, wlicn it was so all-important that he should go to Chili to 
 meet the witnesses who were to be examined with reference to his 
 identity. There are a series of occasions on Avliich, unfortmiately, 
 at the moment Avlien it is most desirable he should be well, he is 
 overtaken by illness. Unless you are satisfied that he was in the 
 state of health he describes, his returning to England instead of 
 going across the mountains to Chili in execution of the commission, 
 is a circumstance fl-om which an adverse inference may be drawn. 
 If his health prevented his going, we can only regret it. One thing 
 I cannot help thinking ; if he was well enough to start by steamship 
 to come back to England, he must have been Avell enough to go by 
 steamship to Chili, and he had nothing to do but to write from the 
 town of Cordova where he was. The diligence was going across the 
 mountains, and I presume the post also, and if he had sent by any 
 of those diligences, or by the riding-post, which goes across the 
 momitains, a letter to Mr. Stephens or Mr. Hall, and said, " My 
 health is such that I cannot come to you across the mountains, but 
 I am going back to Rio as fast as I can, I will take a steamer and 
 join you," possibly the commissioners would have said there was 
 reasonable ground for delaying the execution of the commission 
 till the arrival of the next steamer. At all events if he had made 
 that attempt it woidd have been good proof of his bona fides in 
 alleging that the state of his health prevented him fi-om crossing the 
 mountains. He does not, however, attempt this, nor does he take the 
 slightest notice of Mr. Hall or Mr. Stephens. He is asked, " Did 
 you know Mr. Stephens and Mr. Hall were going to Valparaiso to 
 execute the commission ? — Of coiu'se, I knew that. Q. Did you 
 know you had parted fl-om them on the full understanding that you 
 w*oidd present yom'self at Chili to be confronted Avith the Avitnesses ? 
 — Certainly, I did — at least, I do not knoAV : of course, I intended to 
 go overland. Q. Did you part Avith them on the fidl understanding 
 and expectation of meeting them again in Chili, that you Avoidd 
 present yourself in Chili to be confifonted Avitli the Avitnesses? — 
 Certainly I did. Q. There is no doubt about that? — There is 
 no doubt Avhatever about it. Q. When you tm'ned back from 
 Cordova, and that understanding and expectation could not be 
 fiilfilled, did you Avrite to Mr. Stephens to tell him? — I do not 
 think I did. Q. Why not? — If you ask me AA^iy, I do not 
 say I did not ; I only tell you I do not think I did 5 I have no re- 
 collection of having done so. Q. Cannot you tell me whether you 
 wrote to your attorney and counsel, AA^ho were going on to Valparaiso 
 to execute the commission ?^ — No, I do not think I did. Q. Cannot 
 you tell me for certain Avhether you did or not ? — No, I cannot for 
 certain. Q. What is your belief? — My belief is I did not at Buenos 
 Ayi-es. Q. At Cordova, when you turned back from Cordova, did
 
 ( 803 ) 
 
 you Avritc to them at all wlicii you turned back ? — You mean over- 
 land? Q. No, I do not ; I do not say overland or over sea ? — But you 
 say did I Avrite to tlicm when I turned back from Cordova ? What 
 "was the use of my "writing -when I was going back myself? The 
 post was stopped over the mountains, so the only way the letter could 
 be conveyed w^as by the Straits of Magellan, and therefore, if I "wrote 
 at all, it would be from Buenos Ap'es, and not from Cordova." The 
 diligence was going at that period, and if the diligence Avent over the 
 mountains, I take it for granted the post went. I do not knoAV 
 Avhether the bags went by the diligences, but if these Avent the post 
 Avould go. Something Avas afterAvards said about the diligence being 
 stopped by brigands, but he did not knoAV that at the time, and of 
 coiu'se, he must be assumed to have taken for granted that if the 
 diligence could go the post coidd, and therefore he Could have sent 
 a letter. He is asked, "Did you Avritc to Mr. Stephens or Mr. Hall 
 to let them knoAV the undertaking and expectation upon Avhich they 
 had proceeded to Valparaiso Avould not be fulfilled ? — Oh, dear no ! 
 I Avas not so formal as that. Q. Eh ? — No, I never took so much 
 trouble as to Avrite and tell them. Q. Did you Avrite to them at all ? 
 — Yes, I Avrote to Mr. Stephens fi^-om Cordova when I first got there. 
 Q. From Cordova ? — Yes. Q. After you turned back is my ques- 
 tion? — After I turned back I do not think I did Avrite to them. 
 Q. Not at all — Avliy not ? — I tell you I do not think I did ; Avhat 
 more do you Avant? Q. Why not? — I suppose you Avill find a letter 
 or something to prove I did — is that it? Q. Why not? — Why not? 
 I keep telling you I did not ; Avhat more do you Avant ? The Soli- 
 citor-General : My lord, if my question is regular I am entitled 
 to have it ansAvered. Lord Chief Justice Bovill : I Avill intei-pose 
 and check the plaintiff if you Avish it ; but it is sometimes material to 
 see the mode in Avhich the Avitness answers the questions, and Avhether 
 he ansAvers them or makes observations ; and again, the tone and manner 
 of the observations the jury may sometimes judge of. HoAvever, if you 
 Avish me to stop him, I AviU." I suppose that Avas the reason Avhy the 
 Lord Chief Justice of the Common Pleas did not interpose on many 
 occasions on Avhich, judging only from the printed report, I should 
 have thought it would have been necessary to inteipose in order to 
 preserve the outAvard appearance of that decorum and decency of 
 behaviour Avhich ought always to be exliibited in a court of justice, 
 especially by a Avitness in the Avitness-box, spealdng under the sanc- 
 tion of an oath. OtlierAvise Avhy the defendant should have been 
 alloAved to go on making insolent ansAvers, Avhicli I find him to have 
 done in very many instances Avithout being interfered Avith, checked, 
 or reprehended, as he certainly Avoiild have been by me, if I had been 
 sitting on that trial, I confess I do not knoAVi 
 
 Later oil there comes a most startling statement that he left 
 
 3 F 2
 
 ( 804 ) 
 
 England witliout any intention of going to South America at all. 
 He says his intention was to return from Lisbon, and that he was 
 only prevented from doing so, firstly by illness, and secondly because 
 he could not get his luggage. He is asked, "Do you recollect 
 whether before you went you were averse to going to Chili before 
 you started for Rio ? — Yes, I was. Q. You were averse ? — Yes. 
 Q. Did you say to several persons, amongst others to a Colonel 
 Lushington, you would not go to Valparaiso? — I believe I did: 
 I believe I promised both Mr. Marks and Mr. Scott that I would 
 not leave England, that I would come back from Lisbon. I break- 
 fasted with Mr. Marks the morning before I started, and Mr. Scott 
 came down and breakfasted with us, and they both persuaded me not 
 to leave England at all. I said I was compelled, my things had 
 gone on board. I promised to come from Lisbon and should have 
 done so if I had been well enough to have done so. Q. When was 
 that ; just before you started ? — The day before I started. Q. Did 
 you let Mr. Holmes know that? — I do not think I did. Q. Did you 
 let Mr. Hall or Mr. Stephens know that ? — I do not think I did cither. 
 The Lord Chief Justice : Do you mean you started with them, and 
 that having undertaken to go to Chili, you intended to come back 
 from Lisbon ? — I told Scott and Marks that I would do so. Q. Did 
 you intend to do so ? — I did intend to do it : it was very much against 
 my friends' Avishes that I should leave England at all. The Solicitor- 
 General : You having sworn that you intended to go ? This was after 
 the affidavit, and the execution of the commission being suspended upon 
 that affidavit ? — I think I might as Avell mention at the same time 
 there were two medical gentlemen who gave their certificate that it 
 was most dangerous for me to attempt to leave England at that time. 
 Q. Who were the two medical gentlemen who gave that certificate ? 
 — Dr. Lipscombe and Dr. Covey of Alresford. Q. Did you 
 commvmicate those certificates to Mr. Holmes ? — They were pro 
 duced to counsel before I went. Q. Dr. Lipscombe and Dr. Covey 
 said that it was dangerous for you to leave England ? When did 
 you get those certificates ? — When did I get them ? Q. Yes ? — A 
 day or two previous to my leaving. Q. A day or two previous to 
 your leaving ? — Yes. Q. When, exactly, did you leave ? — I am sure 
 I could not tell you ; it was in September. Q. You started, I think, 
 on the 9th ?— Yes, on the 9th of September. Q. You swore on the 
 3rd that it was necessary; you allowed it to be sworn for you in the 
 affidavit, that counsel had advised that it was necessary and proper 
 you should go, that it was your positive intention to cany out the 
 necessary arrangements for proceeding immediately to Chili and 
 Australia. That was on the 3rd of September; on the 9th you 
 started. When was it that the illness supervened, or did it supervene 
 at that time ? — Oh no, I had been ill a long time previous to that.
 
 ( 80o ) 
 
 Q. Did you tell your leading counsel wlien, as you alloAved it to be 
 sworn, he said it was necessary and proper tliat you should attend, did 
 you tell him then you were unable to go on account of your health ? — 
 I did." Mr. Seijeant Ballantine, who was pi'csent, evidently appears 
 to have begun to feel uncomfortable at this, and says, " ' Who 
 was the leading counsel ? ' The Solicitoh-G eneral : I do not 
 know. And on the 3rd of September you swore: 'I, this deponent 
 for myself, say I have made the necessary arrangements for proceeding 
 immediately to Chili and Australia, to be present upon the examina- 
 tion of witnesses mider the commission.' On the 3rd of September 
 you allowed it to be SAVorn that *the leading counsel had advised 
 that it Avas necessary and proper.' What I Avant to know is, betAveen 
 the 3rd and 9th did you obtain these certificates ? — I cannot ansAA-er 
 that question. Q. Jiave you got them ? — Have I got them ? Q. 
 Yes ? — No. Q. Do you knoAV Avhere they are ? — I have ncA^er seen 
 them since they Avere exhibited to counsel. Q. I slioidd like to see 
 those certificates if you can find them, your leading counsel haA'ing 
 advised on the 3rd that it Avas necessary and proper you shoidd go, and 
 you saying it Avas your positive intention to do so ? — I do not knoAA^, 
 my Lord, Avhether I may speak to anyone Avhile I am here : I should 
 like to ask Mr. Holmes's clerk to produce them. Lord Chief 
 Justice Bovill : Certainly. The Solicitor-General : HoAvever, 
 you distinctly SAvore on the 3rd that it Avas your intention to go on 
 the 9th : You started six days after ? — Yes. Q. Am I to miderstand 
 that between that time you obtained certificates from medical gentle- 
 men that it Avas unsafe for you to go ? — I really cannot tell you fi^-om 
 memory. Q. You really cannot tell ? — It is quite impossible for me 
 to tell. Q. Did you obtain them after you had distinctly SAvorn it 
 Avas your distinct intention to go, and got a postponement of the 
 execution of the commission upon that affidavit? — Upon Avliich 
 affidavit ? Q. Upon the affidavit in Avhicli you swore that it Avas 
 distinctly your intention to go ? " Noaa^, the ansAver is remarkable — 
 '•' Well, I did go, did I not, part of the Avay ? " — As if an intention 
 distinctly SAvorn to, to go to Valparaiso Avas satisfied by going as far 
 as Lisbon and back again ! — " Well, I did go, did I not, part of the 
 AA'ay ? " Then the language of the affidavit is read over again, and 
 he is asked, " Am I to understand that betAveen the 3rd and the 9 th 
 of September you obtained certificates that it was unsafe for you to 
 go ? — I do not think I gaA' e you to understand that. Q. I ask you 
 so as to understand about it ? — I tell you I have no memory on the 
 subject. Q. You haA^e no memory on the subject ? — I think, if you 
 Avish, the certificates could be forthcoming. Q. I AA^ant to knoAv 
 Avhen you got them ? — That I do not knoAV. Q. I point out to you 
 AA'hat you SAvear, and Avhat you alloAv Mr. Holmes to SAvear for you in 
 your support — I mean on the 3rd — and I point out also from an
 
 ( 806 ) 
 
 affidavit that yon started on the 9tli ; that is only six days. I want 
 to know Avhether yon mean to say that yon obtained the certificates 
 between those times ? — No, I do not think it Avas. I think it was 
 previous to that." There are several more questions on the same 
 subject. It comes to the same thing in the end. He says his friends 
 did not Avish him to go. And then he is asked this — " In spite of 
 them, you had determined to go ? — Yes. Q. And in spite of them 
 your leading counsel had advised that it was necessary and proper 
 you should go ? — One of them did. Q. You started, intending, as 
 you say, if you could come back from Lisbon, you would come back ? 
 — That Avas by the advice of my friends after that, after the affidavit. 
 Q. After the 3rd and before the 9th, is that Avhat I imderstand you 
 to say ? — Yes, that is so. Q. Where Avas that advice given ? — 
 Where ? Q. Yes ? — It Avas given in Mr. Marks' house at Aylesbxny, 
 near Alresford. Q. Mr. Marks and Mr. Scott together ? — Yes. 
 Q. Did Marks and Scott knoAV that you had SAvorn that ? — Really 
 I cannot SAvear that. Q. Did you tell them ? — No, I did not : I 
 really thought no more of the affidavit, I thought it Avas a thing as 
 a matter of course that must be made, and took no notice of it. 
 Q. You thought it Avas ? — Yes, merely a formal document. Q. It 
 
 had ansAvered its purpose Mr. Seejt. Ballantine : That is 
 
 not a question." Then the Solicitor- General says — " Had it ansAvered 
 its purpose by getting the postponement of the commission till the 
 9th of March ? — I cannot say Avhat purpose it Avas for. The Lord 
 Chief Justice : Did you tell them that you had given an under- 
 taking before the judge that you Avoidd go out and attend the 
 commission ? — I should think not : I do not think I remembered any 
 more of it. The Solicitor-General : Perhaps you thought that 
 was a formal document too, did you ?— Well, I should not say formal 
 document, perhaps I use the Avrong term, the affidaAdt is draAvn up by 
 the solicitor : I look through to see if it is correct or true, then I 
 SAvear it. I really do not know AA'hat purpose the affidavit Avas for, 
 and I do not suppose I inquired. Q. The affidavit SAVorn here Avas 
 that it Avas your intention to go ? — No doubt at that moment it really 
 was my intention to go," and so it goes on. Then he says, "I do not 
 think I have the slightest idea for Avhat purpose it Avas Avanted. 
 Q. You had no notion that it Avas to give you more time to execute 
 the commission, scA^eral more months, you did not know that? — I 
 might have been told at the time ; I do not remember. Q. You 
 have no recollection Avhatever? — No, I have no recollection. Q. You 
 have no recollection AA^hether Avhat you Avanted was done on your 
 swearing that you AA^ould go." Then he ansAvers again — "And did 
 go part of the Avay. Q. Yes, and intended to return ? — That came 
 from you, not from me. Q. As you said yourself, intended to come 
 back from Lisbon ? — From Lisbon, just so: I explain that Avas by
 
 ( 807 ) 
 
 tliG advice of my friends the day before I started. Q. Did you think 
 that was a performance of yonr undertaking-, intendino- to come back 
 fi'om Lisbon if yon conhl ? — I thought my health would demand of 
 me to come back. The Lord Chief Justice : If that was under- 
 stood, why did you not communicate with Hall and Stephens ? — For 
 all I know, I might have done, my Lord : I cannot say that I did 
 not. Q. I thought you told us you did not? — I have no recollection. 
 Q. I imderstood you so ? — I say I have no recollection of having 
 told them. The Solicitor-General : Did you say you were so ill 
 at Lisbon that you could not get back ? — I Avas very bad with erysi- 
 pelas. Q. At Lisbon? — Yes. Q. Have you any recollection of 
 writing about your health from the ship ? — No, I have not." Now 
 he is going to be met by a most staggering contradiction, a contra- 
 diction under his own hand. You see his account is that he went out 
 from this country after having made an application to postpone the 
 execution of the Australian commission on the ground of his presence 
 being necessary at Chili, and supported that by an affidavit in which 
 he swore that he had made all necessary arrangements for starting 
 for Chili ; that, notwithstanding that, he had intended to go back 
 from Lisbon, but when he got to Lisbon the state of his health was 
 such that he could not leave the vessel, and consequently Avas carried 
 on the Avhole distance to Rio. This being so, a letter to Mr. Rous is 
 put into his hands of the 12tli September, 1868. We knoAv they had 
 started on the 9th. " Ship Oneida, near Lisbon," Avhich he explains 
 to mean that they Avere sailing near Lisbon, and that this was written 
 on the night of the 12th or the morning of the 13th, when they Avere 
 going up the Tagus. " Dear Rous So far aa'c have had most lovely 
 AVeather. and I have been very Avell, the Eyresiplas has quite dis- 
 appeared." So that this illness, for AAdiich he had obtained the certificate, 
 as he tells us, of medical gentlemen, that it Avas dangerous for him to 
 leave England, had, fortunately for him, quite disappeared by the 
 time he got to Lisbon. The effect of the three days' fine sea air and 
 lovely Aveather had made the erysipelas entirely disappear. " Stevens 
 and Mr. Hall are both quite Avell. in fact everyone on board. She a 
 very fine Ship and every comfort tliats required. I did not like 
 Holmes geting me to sign that Will, at Southampton, as I dont 
 knoAv Avhat is in it. he told me it was the same as the other, but if 
 so Avhy not have let the other remained, My poor dear Mothers 
 death could not have made any differents. I dont like it. the more 
 1 think of it the Avorse my thoughts are about it I Avill send a Codical 
 desiring my old Will and Codical to stand, and get you to forAvard 
 it to Wilkins and Bligli. I hope Holmes will not take any mean 
 advantage in my absence. I dont knoAv hoAV I could have been such 
 a fool to sio;n a Will. Avithout first reading; it. but the fact is that 
 man has the poAver of Faccinating " — spelt Avith tAvo " c's " — " me.
 
 ( 808 ) 
 
 like a black snake, dear Rous I trust entire to you to to look after 
 my dear Wife and chilldren in my absence, do all you can to amuse 
 her. Give my kind regards to Mrs. lions and Miss Rous and the 
 Boys, and to Mr. and Mrs. Huggins and all the rest of kind Friends 
 I have left behind " — Now mark this — " I will Avrite again from Rio 
 and let you know the remainder of the journey." That is from the 
 man who tells us he intended to turn back from Lisbon, but was 
 prevented from doing it by ill-health, yet Avho writes very near 
 Lisbon, Avithin twelve hours' steam of Lisbon, to say that the 
 erysipelas had quite disappeared ; that everybody on board sliip was 
 well, that he is going on to Rio, and Avill write from thence. Of 
 course when this letter was put to him it must have created some 
 little consternation in his mind. The Solicitor-General says to him : 
 — " I suppose the illness came after this ?" Then he says, " There 
 was some reason why I did not come back from Lisbon, and I 
 believe it was on account of the erysipelas. The Lord Chief 
 Justice : Q. Do you know what the reason was ? What was the 
 reason ? — I Avas under the impression it Avas my legs, my Lord ; 
 they Avere very bad Avith the erysipelas. Mr. Serjt. Ballantine ; 
 It is near Lisbon, not fi-om Lisbon. The Solicitor-General : Is 
 your recollection that the serious illness Avhich would have made you 
 come took place at the date of that letter near Lisbon ? — ' Made me 
 come ' if I possibly could ; I never said that. Q. You said you 
 AA'ould have come back from Lisbon, if you Avere not too ill ? — That 
 would have prevented me coming back. Q. Did the illness that 
 prevented you coming back fi-om Lisbon come on betAveen the date 
 of that letter and arriAdng at Lisbon ? — I cannot say that ; I believe 
 Mr. Scott had a letter in AA'hich I state my reasons Avhy I do not 
 come back from there. The Lord Chief Justice: Does the fact 
 of haAdng Avritten that letter recall to your mind now the reasons 
 Avhy you did not return fi-om Lisbon ? — Yes, it has, my Lord, a 
 portion of my luggage AA^as doAvn beloAv, and it could not be got at." 
 So that you see entirely ncAv ground is here taken. First it is because 
 he is too ill to leave the ship, and then, Avhen his OAvn letter is shoAvn 
 to him, in which he says he is perfectly Avell, then it is " a portion of 
 my luggage was down below, and could not be got at." Q. " That 
 is the reason Avhy you did not come back from Lisbon ? — Yes, my 
 Lord, and you Avill find that in Mr. Scott's letter." The Lord Chief 
 Justice reads his note : " The reason Avhy I did not come back fi-om 
 Lisbon Avas, a portion of my luggage Avas doAvn beloAv, and could 
 not be got at ? — Yes, my Lord." Then the Solicitor-General calls 
 attention to the last passage. " I Avill Avrite again fi-om Rio and 
 let you IcnoAv the remainder of the journey. Q. What do you say 
 to that ? — What do I say to Avliat ? that is right enough. Q. Had 
 you made up your mind to come back from Lisbon Avhen you
 
 ( 809 ) 
 
 va^ote that letter? — Very probably I had not heard that I could 
 not recover my luggao-o. Q. You were not near Li.sl)on? — We 
 were not far from it, it was only a few days out. Q. You were 
 half way to Lisbon ? — Within a very few miles of it. The Lord 
 Chief Justice : Did the vessel discharge any cargo at Lisbon ?" — 
 I sup})ose that Avas asked with a vicAV to sho'w that if she had dis- 
 charged cargo, he coidd have got his luggage. — " I think not, my 
 Lord ; I think she merely called there to coal ; she might take a 
 few packages. The Solicitor-General : Will you venture to 
 swear that you had made any inquiry whatever about your luggage ? 
 — Yes. Q. Of whom? — Of the steward, I suppose. Q. The 
 steward ? — I cannot say so, but somebody in authority — the purser. 
 Q. The purser? — He would be the person. Q. You had inquired 
 about your luggage ? — Most decidedly I had. Q. When you wrote 
 this letter ? — I cannot say when I wrote that letter. The Lord 
 Chief Justice : Were the passengers and baggage discharged at 
 Lisbon, or not? — Yes, my Lord, but I think they booked for 
 Lisbon only. I had several portions of my luggage put on board, 
 not wanted for the voyage." First he gives the one reason and 
 then he gives the other. The question is whether you believe him 
 as to either. He is pressed Avith this again by the Solicitor- 
 General, and the letter is again read : " I have been very Avell ; the 
 eyresipelas has quite disappeared. Stevens and Mr. Hall are both 
 quite well, in fact everyone on board she a very fine ship and every 
 comfort." Then he says, " I should not imagine it would be that 
 day. Q. It was not that day ? — I should not think it w^ould be ; 
 I suppose you A^dll allow persons frequently say they are quite Avell 
 AA^hen they really are not so?" Then the Solicitor-General AAath 
 considerable point, says, "People sometimes invert the process — 
 say they are not Avell Avhen they are. You have seen that done at 
 times ? — Yes, I have seen that done." 
 
 One Avord upon the subject of that Avill AAdiich Mr. Holmes in- 
 duced him to make before leaving — at least, Avhich the defendant 
 says he induced him to make — and I must say that in this I belicA^e 
 him; and I cannot help saying that it Avas a most disgraceful 
 transaction for Mr. Holmes to have induced him to make that Avill, 
 Mr. Holmes being his solicitor and bound to protect him against 
 anything that could interfere AAdth his interests, Avho Avoidd be abim- 
 dantly repaid for anything that he did by the costs Avhich he Avoidd 
 be entitled to charge, or, if he made any adA'ance of money, by 
 the terms AAdiich he might stipulate for in making that advance. 
 Mr. Holmes had no business to induce him to make a testamentary 
 disposition in his favour, such not being the just and legitimate 
 rcAvard of his professional serA'ices. What does he do ? He makes 
 •Jiim bequeath a series of legacies, AAdiich are as folloAvs: — Mr,
 
 ( 810 ) 
 
 Baigent is to get 5001. — tlmt is " Francis," who was so actiA'c in 
 assisting liim ; Carter is to lia^e 50/. ; Kous is to liave 200/. ; Mr. 
 Leete, who introduced Mr. Ilohnes and accompanied the parties to 
 Paris, is for that special service to have 500/. ; Mr. Adams, the 
 soUcitor at Ah-esford, Avho assists in getting up the affidavits, is to 
 have, in addition to his professional remuneration, 200/. ; John 
 Holmes is to have 1,000/., but that is a very small portion of Avhat 
 Mr. John Holmes was to receive. Upton, Avith all the land be- 
 longing to it, is to be John Holmes's for life. Finally, John 
 Holmes is to be one of the executors of the will, as which he is 
 to get 500/. more ; and, lastly, Avith a vicAV to the other trusts of 
 the Avill, Mr. Holmes is to have the management of the estates, 
 Avitli a salary of 1,000/. per annum. I do not Avonder that the 
 defendant should Avrite as he did, and blame himself for his folly in 
 having executed such a Avill as that Avithout having read it, and I 
 cannot help thinking that somehoAv or other Mr. Holmes must have 
 had a poAver of fascinating the defendant ; but that he should haA^e 
 taken advantage of his position, and of the doubtfid circumstances 
 in AA^hich the defendant Avas placed, to induce him to make that will 
 AA'hich in the event of the defendant's succeeding and dying before a 
 neAV Avill Avas made, or in the event of the defendant dying, and 
 Mr. Holmes, on his son's behalf, being able to carry the cause 
 through to a successful issue, should give Mr. Holmes such advan- 
 tages as those — a legacy of 1,000/., a second legacy of 500/., making 
 1,500/., and Upton and the land belonging to Upton for his life, and 
 1,000/., a-year as long as he liA^ed beside, as manager of the estate, is 
 a thing one cannot understand in a gentleman belonging to the 
 honourable profession of which Mr. Holmes is a member. 
 
 Well, the defendant comes back from Chili, having failed to face 
 the Avitnesses aa'Iio Avere to be examined under the Chili commission. 
 And then Mr. Holmes feels that this must bring such disrepute upon 
 the case that he determines to liaA'e nothing more to do vnth it, and 
 to Avash his hands of it, and he does so. From that time Mr. Holmes, 
 either because at last his sense of justice Avas aAvakened, or that he 
 felt that the refusal of the claimant to face AAdiat he had pledged 
 himself to face, that is the Chili Avitnesses, AA^ould bring discredit on 
 the cause and every one connected Avith it, determined to abandon 
 him. I must say, after all that Mr. Holmes had done — after the 
 affidaA'it system, and other things in Avhich Mr. Holmes Avas mixed 
 up — I cannot help thinking myself the defendant might Aery Avell 
 have saijl of him as King Richard did of Buckingham, 
 
 " Hath he so long held out with mo untired, 
 And stops he now for breath ?" 
 
 HoAvever, ]\Ir. Holmes thought proper to quit him and give him up, 
 and for some reason or other, I do not knoAv A\hat, Mr. Eons, Avho
 
 ( 811 ) 
 
 had accompanied him iu all his progresses in the country, and stood 
 by him as a staunch friend, turns round upon him, abandons him, 
 and denounces him, and hands over all his letters to the other side. 
 I do not wonder at the defendant saying, " A pretty friend that was !" 
 HoAvever, so it was, and if these letters tend to show that the defen- 
 dant's cause is a dishonest one, and if in the end you should be of 
 opinion that it is a dishonest one, we need not trouble ourselves about 
 the motives of Rous, or stop to inquire Avhether Rous was actuated 
 simply by a love of justice, or whether he abandoned and beti-ayed 
 his former friend from any other less worthy and reputable motive. 
 It is quite enough for us, that in some way or other the abandon- 
 ment of the defendant by Rous has been, or may be, instrumental 
 in establishing and bringing about a knowledge of the truth. 
 
 Gentlemen, on the retmii of the defendant, ]Mr. Holmes ha^dng, 
 as I have said just noAv, determined to give him up, a meeting of his 
 friends took place at Alresford Avliich Mr. Holmes attended, and the 
 question there Avas, Avhether the return of the defendant, Avithout 
 having gone to Chili to face the Chili Avitnesses, Avas sufficient to 
 induce these gentlemen Avho had, up to that time, been supporting 
 him, to give up his cause. At this meeting INIr. Holmes produced 
 the evidence given before the Chili commission. That evidence 
 A;v'as read by some of the gentlemen there, and I can only express my 
 very great regret that, the evidence so taken not being admissible on 
 this trial, we have not had more evidence from Chili in the shape of 
 Avitnesses produced here before us. If those Avitnesses coidd speak to 
 the identity of the defendant one way or the other, it Avould have been 
 very desirable to have them here. Why Ave have not had more of 
 them here I certainly do not knoAv. If it has arisen from any ill- 
 judged parsimony on the part of her Majesty's government AAdio insti- 
 tuted this prosecution, I think it is A'ery much to be regretted, or if 
 it has arisen from any other, to us luiknoAvn, motive or ground, I 
 think in the interest of justice it is equally to be regretted no matter 
 AAhat the cause. There Avere Avitnesses there Avho could have throAvn 
 light on this inquiry. We have had but one : a second AA^as brought 
 over AA'lio Avas very little likely to be of any use after the state 
 of mind Avhich he had been in, and AAdiich he Avas in AA^hen 
 he came here to be examined as a Avitness. The body of the 
 Avitnesses examined under the Chili commission have not been pro- 
 duced on this trial, and I express my unhesitating opinion that they 
 ought to have been. I say the same thing Avith regard to the 
 Avitnesses examined under the commission to Australia ; it AA'as most 
 essential they should be produced. I can only say this, that AA-hen 
 the State undertakes a prosecution there ought to be no difficulty 
 about the production of Avitnesses, although it may be expensive to 
 bring them. Either drop the prosecution and leave it alone, or if
 
 ( 812 ) 
 
 yon take it up yon onglit to do it energetically, in a Avay calcnlated 
 to ensure tliat justice may be done. And I very mucli regret, and I 
 express my unbounded surj^rise and dissatisfiiction, that many 
 witnesses, who I know, from having read their e'V'idence on the com- 
 mission, coukl have given important evidence and otherwise throAvu 
 light on the inquiry, have not been brought before you. 
 
 The defendant attended the meeting to which I have just referred, 
 and in addition to the evidence taken before the Chili commission, 
 ]Mr. Holmes, I presume for the purpose of explaining his OAvn con- 
 duct and justifying his abandonment of the defendant's cause, pro- 
 duced also the letters the defendant had written to the Orton sisters, 
 with whom ]Mr. Holmes had been in communication, and from Avhom 
 he had obtained these letters. That is they way these letters have 
 been brought before you and produced at this trial. Of course these 
 letters addressed to the sisters of Arthur Orton after the time when, 
 on the part of the defendants in the ejectment suit, the defendant 
 himself had been said to be Arthur Orton, together with the fact 
 that the Chili commission had been granted with the view of ascer- 
 taining whether he was Arthur Orton or not, and that he had omitted 
 to face it, were circumstances calculated to operate to the defendant's 
 disadvantage Avith those friends who met to consider Avhat was to be 
 their course of conduct in the future. The defendant met those 
 letters with the emphatic assertion that they were forgeries, and his 
 assertion to that effect produced an impression on the friends as- 
 sembled there. They thought he had not acted properly in not going 
 to Chili as he had undertaken to do : on the other hand they did not 
 believe those letters were his letters ; they did not believe he had 
 been in communication with the Orton sisters in this way, and they 
 came therefore to a sort of modified resolution. This is what the 
 defendant said about it. "Were there some letters produced by 
 Mr. Holmes, and laid before the meeting from a Mrs. Tredgett and 
 a Mrs. Jury, do you recollect ? — I do not know who they were from. 
 I do not know Avhether they were from Mrs. Tredgett ; there was one 
 from Mrs. Jury. Q. Were there any letters produced to Mrs. 
 Tredgett and Mrs. Jury, said to be in your handwriting ? — That is 
 what I mean, I do not know if Mrs. Tredgett's name Avas in it or 
 not. Q. Mrs. Jury? — Yes. Q. They AA'ere produced by Mr. 
 Holmes ? — They Avere. Q. Said to be in your handAATiting ? — Yes. 
 Q. Have you got them ? — Me ? no. Q. Were they in your hand- 
 Avriting? — They Avere. Q. Did you say they Avere not? — I did." 
 The Lord Chief Justice is startled at hearing this, and he says : 
 " Did I hear you rightly, ' They Avere in my liandAvriting, I said they 
 AA^ere not' ? — Yes. The Solicitor-General : They AA^ere in your 
 handAATiting, and yoii said they AA^ere not, Avhy — Because I thought I 
 should lose my friends by saying they Avere." It appears the friends
 
 ( 813 ) 
 
 were never undeceived till the defendant made tliis admission, and 
 Mr. Scott, who we know from questions put to the defendant was 
 examined on the former occasion as well as IMr. Marks, came mto 
 the witness-box, under the impression that the defendant had stated 
 the truth in saying these letters were forgeries. Whether, if 
 Mr. Scott had kno"\\^i the deception which was practised on him on 
 that occasion, he would have resumed his support of the defendant — 
 for I should state that they resolved he had not slio-\\ai sufficient 
 candour and fairness and they came to a modified resolution that they 
 could not support him any longer ; but Mr. Scott and one or two 
 more afterwards thought they had been a little hard on him, and they 
 resumed their relations Avitli him and still supported him — whether, 
 as I say, if Mr. Scott had been undeceived, and had known of the 
 deception practised on him, he would have come forward on the 
 former occasion and continued his support, I do not know. Mr. Scott 
 is unfortmiately dead, and we can only speculate on that. It is quite 
 certain that on some of the defendant's friends this disclosure of fr-aud 
 and falsehood had no effect. There are people who think that pro- 
 vided your end is fair and reasonable, there is no baseness you may 
 not stoop to, and no falsehood you may not have recourse to. They 
 do not think the worse of a man because there are those blots upon 
 his escutcheon — those things which tend to show, whether he be A 
 or whether he be B, that he has been guilty of dishonourable baseness 
 and bad conduct. When once they have taken up a cause, there are 
 people who will go through Avith it, no matter Avhat opprobriimi or 
 Avhat darkness may attach to it; nay, there are even some, as far as 
 one may judge from Avhat one has seen and heard, Avho only hug a 
 man the closer, the blacker he may appear to them to be. These 
 falsehoods, however, must not operate imduly to the prejudice of the 
 defendant beyond this, that falsehood is a badge of fraud ; and a case 
 which is sought to be supported by means of deception may, prima 
 facie, \\i\i\i the contrary be shown, be taken to be a bad and dishonest 
 case; and frirther, the recourse to fraud and falsehood necessarily 
 engenders distrust. But the fact that the defendant did make this 
 solemn denial of the genuineness of letters, which he afterAvards was 
 compelled to admit Avere in his oavu handAvriting, ought not to 
 operate to his prejudice in the way I have stated, unless you can 
 otherwise see your AA'ay on the Avhole of the evidence before you to the 
 conclusion that he is not the Roger Tichborne Avlioni he has repre- 
 sented himself to be. 
 
 NoAV, gentlemen, before I pass to the branch of the case Avhich the 
 facts and materials before us will shortly enable us to enter upon, 
 I mean the question whether the defendant is Arthur Orton or not, 
 it is necessary to complete the series of facts material to the elucida*- 
 tion of that question, by laying before you Avhat has passed betAveen
 
 ( 814 ) 
 
 the deiendant and tliis Orton family. Yon Avill remember that tlio 
 first tiling lie did upon coming to this conntiy was immediately to 
 seek out the Ortoiis. Yon will remember that he did so under 
 a feigned name, and under circumstances of suspicion ; that as soon 
 as he had discovered what he wanted to know, as he himself tells us, 
 he dropped them, put them on a false scent by telling them to write 
 to him at Liverpool, and took no further notice of them; and so 
 things remained until the latter part of the year 1867, when the 
 Arthur Orton theory was started on the part of the defendants in the 
 ejectment suit, -with a "vdew of showing that the defendant was 
 Arthur Orton, and therefore could not be Roger Tichborne. Then 
 the relations with the Orton family were resumed, and it appears 
 that from that time to the time the defendant went abroad on his 
 way to Chili, he was in communication with Charles Orton and the 
 Orton sisters, and Avas in the habit of supplying them with money. 
 He is asked on cross-examination, " How soon after the receipt of 
 that letter upon which I asked you some questions yesterday, did you 
 call on Mrs. Jmy ? — Which letter ? The Lord Chief Justice : 
 There Avere tAVO. Give him the one. The Solicitor-Geneeal : 
 The letter I cross-examined you upon yesterday, in Avhicli you say, 
 * I cannot call on you at present, but Avill do so before long' " ? — 
 That, you know, was one of his early letters — He answers, " I never 
 called on her at all. Q. Did you call on any of Arthiu* Orton 's 
 sisters ? — Yes, I called on two of them in company Avith my solicitor. 
 Q. AYho Avere they? — Mrs. Tredgett and Mrs. Jury, I think. Q. You 
 say you think : do you mean that you do not knoAV ? — Yes, it is so : 
 I believe it is said so in the affidavit. Q. That may be ; I ask you 
 noAv if it is so ; you say Mrs. Tredgett and Mrs. Jury ; Avhich 
 Mrs. Jury ? — Not the one I Avrote the letter to, Mrs. Captain Jury. 
 Q. This Avas not Mrs. Captain Jury? — No. Q. The one you 
 called on was Mrs. Captain Jury, was it ? — No, the one I Avrote that 
 letter to Avas Mrs. Captain Jury. Q. And the one you called on 
 Avas the other Mrs. Jury? — Yes. Q. With your attorney?— With 
 my attorney. Q. When Avas that? — I could not tell Avithout looking 
 at the affidaA'it ; I dare say that will give you the date. Q. Never 
 mind ; cannot you tell me about the time ? — No, I cannot tell you 
 Avlien it Avas. Q. Cannot you tell me hoAV soon after these letters ? — Not 
 for a long Avhile after. Q. What do you mean by ' long' ? — If the 
 date is there, Avhy not let us get it ? Q. Do not ask me questions ; 
 I Avant to kiiOAV when you called ? — AUoav me to look at the affidavit, 
 then I can tell you. Q. AnsAver my question, and tell me Avhen 
 about you called? — I cannot tell you. Q. About; I do not as^k you 
 the day? — I believe it Avas about tAvelve months afterAvards. Q. Had 
 you commimications Avith them betAveen ?— Yes, I had. Q. Did 
 you pay tlicm money ? — Yes, I let them have some money* The
 
 ( 815 ) 
 
 • 
 
 Solicitor-General : Did you let them have money before they 
 made their affidavits? — I cannot say, I think I had; yes. Q. Have 
 you any doubt ? — You see I do not know the date of the affidavits, 
 but I believe it was so ; yes. Q. Have you any doubt it was so ? — 
 
 Considering you will not let me look at the date Q. Have you any 
 
 doubt, whatever was the date of the affidavit, you let them have 
 money before it was made ? — No ; I believe it was so. Q. Have you 
 any doubt ? — I cannot speak for dates. Q. Never mind about the 
 date of the affidavit : before it was made, whenever it was made, had 
 you given them money? — I think I had; yes. Q. Do not you Icnow 
 you had ? — That is another question ; I am aware I let them 
 have money, but I do not recollect Avhen it was. Q. Do not you 
 know, before they made affidavits on your behalf, you had given 
 them money ? — I tell you I believe I had done so. Q. Was there 
 a brother of Arthur Orton called Charles ? — Yes. Q. Had you given 
 him money? — I had; yes. Q. Before he made any affidavit ? — I am 
 not aware he made any affidavit. Q. Before he made any statement? 
 — Yes, I believe it was. Q. How did you send the money to them ; 
 did you give it to them with your own hands? — No, I never saw 
 them until I saw them in the presence of my attorney. Q. How did 
 you send the money to them ? — By letter. Q. Do you mean by 
 cheque ? — Yes ; some was by cheque, I think, and some was in notes. 
 Q. Did Charles Orton correspond with you under the name of Brand? 
 — I believe he did in the latter part. Q. You believe he did? — Yes. 
 Q. What do you mean by ' the latter part' ? — Well, at first he did 
 not. Q. What do you mean by * the latter part' ? about when ? — 
 I thinlc it was the beginning of 1868. The Lord Chief Justice : 
 Who Avas it used the name of Brand? — Himself, my lord. The 
 Solicitor-General: The cheques had been paid, had they?— - 
 I suppose so ; yes. The Lord Chief Justice : Besides his using 
 the name of Brand, in your communications with him, did you use 
 the name of Brand? The Solicitor-General: I am coming to it, 
 we shaU have some letters. Q. Have you got the cheques? — No. 
 Q. Have they been paid? — I could not tell you, I am sure. Q. You 
 suppose they have been paid ; if paid you must have them ? — I do 
 not see that that follows. Q. Or you must have the means of 
 getting them? — Certainly. Who did you draw upon when you 
 paid by cheques ? — What bank ? Q. Yes ? — I could not tell you at 
 the present moment. Q. Do you mean to say you cannot recollect 
 on what bank you drew? — No. Q. On what bank you drew in 
 paying the brother and sisters of Arthur Orton? — It was the brother 
 I spoke of 5 I did not send the sisters any cheques, I think. Q. You 
 did not send the sisters any cheques, you think : Are you sure ? — Yes» 
 Q. Sure ? — Yes, I am pretty sure of that. Q. How did you pay 
 them ?— I think I generally sent them notes. Q. You think you
 
 ( 816 ) 
 
 generally sent tliem notes ? — Sent them a note ; yes. Q. Do you 
 mean a bank note ? — Yes. Q. With letters ? — Yes, I dare say Avith 
 letters. Q. You dare say there are letters ? — Well, there was sure 
 to have been a letter Avith it, certainly. Q. You paid Charles Orton 
 by a cheque? — I know I sent him one. I do not know that I sent 
 him more. Q. Cannot you tell on whom it was drawn? — No. 
 Q. Who were your bankers ? — Bulpett and Hall, of Alresford, and 
 Robinson, of the Union Bank, at Croydon." Then an inquiry is 
 made about his pass book, and an objection taken as to due notice 
 not having been given, so as to entitle the Solicitor-General to the 
 production of the cheques. Then the examination goes on. " Did 
 you get acknowledgments, when you sent the cheque or cheques, and 
 the note or notes, of the receipt of them, from Arthur Orton's sisters ? 
 — I should think the probability would be I did. Q. And Arthur 
 Orton's brother? — I should think so. Q. Where are they? — Oh 
 they are destroyed, if there were any ; I have some letters. Q. Do 
 you swear they were destroyed ? — Well, I think so ; I think I used 
 to destroy them. Q. You say, * I have some letters ;' what letters ? 
 — There are some letters from Mrs. Jury, I think. Q. Where are 
 the letters from Mrs. Jury? — They are here, I think. I do not 
 think they refer back to that date you are speaking of. Q. What 
 I want is an acknoAvledgment from Mrs. Jury? — I do not think there 
 is any. Q. I thought you said so ? — I do not think I sent Mrs. Jury 
 any money at all, if you ask me. Q. I am asking you if you sent 
 money to the sisters and brother of Arthur Orton? — Yes, so I 
 understood your question. Q. And I ask you if you had an 
 acknowledgment of the money so sent ? — No, I think I sent money 
 to one sister and to the brother. Q. You believe ; do not you know? 
 — I tell you I know I sent money to one sister and the brother. Q. To 
 which sister? — To neither of the Mrs. Jurys. Q. To Mrs. Tredgett? 
 — To Mrs. Tredgett ; Yes. Q. Did you send no money to either 
 of the Mrs. Jurys ? — To neither of the Mrs. Jurys. Q. That you 
 swear ? — That I swear. The Loed Chief Justice : Money or notes ? 
 — Well I should mean money by notes, of com-se ; the notes would 
 be considered money, would not it? Q. I should have so imder- 
 stood it, but I rather collected that you said the other way ? — No. 
 The Lord Chiee Justice: No, it was about calling on them. 
 The Solicitor-General : You said just noAv you sent money to 
 the sisters? — Yes; to the sister I ought to have said, perhaps. 
 Q. Ought to have said ! The statements are different : Did you 
 send money to more than one sister ? — No, only to the one. 
 Q. Only to the one, Mrs. Tredgett ?— Mrs. Tredgett. Q. Was 
 she living in the same house with one of the Jurys ?^^— I believe she 
 was. Q. Which?— Not Mrs. Captain Jury. Q. The Mrs. Jury 
 you first va'ote to ? — No, I never -wTote to the other INIrs. Jury at all.
 
 ( 817 ) 
 
 Q. Who was the sister yoii wrote to ? — ISIrs. Captain Jury and 
 Mrs. Tredgett. That is the only two I "wrote to. Q. The first letter, 
 you know ? — That was to Mrs. Captain Jury. Q. Have you got 
 any of the letters that Charles Orton sent to you under the signature 
 of Brand ? — No ; I have not. Q. What has become of them ? — 
 I destroyed them. Q. Will you swear that ? — I will swear that. 
 
 Q. You destroyed Brand's letters, did you ? — Yes. Q. Do not you 
 know that some of those letters were given to Holmes ? — If so, then, 
 of com-se, Mr. Holmes has got them. The Solicitor- General : 
 We call for them ? — But I do not think I gave any to Mr. Holmes. 
 Mr. GiFFARD : Only one. The Solicitor-General : Let ns have 
 that one, then." Then an objection is raised as to whether 
 Mr. Holmes should be called on to produce this letter. That is got 
 rid of, and it turns out Mr. Holmes has none to produce. Then 
 a letter is put in signed in the name of Brand, sent to the defendant's 
 wife after the defendant had gone away to South America. 
 
 Gentlemen, Charles Orton, when he found the defendant had gone 
 away to South America, was extremely angry at finding that no provi- 
 sion had been made for him during the absence of the defendant. He 
 first wrote to the defendant's wife, and receiving no answer, he went 
 over to the other side and told the whole story. That is really what it 
 amounts to. He first Avrites this letter: — "No. 1, Melon Grounds, 
 Marten Road, Peckham, Surrey. To Lady R. C. D. Tichborne. 
 Madam — I have taken the liberty of Avriting to you to ask you if Sir 
 R. C. D. Tichborne left any letters or message for a party of the name 
 of Brand before he went aAvay. If he as I should feel much obliged if 
 you would forward them to the above address, as I think it is strange 
 that he did not ansAver the Tavo letters that I Avrote to him before he 
 went. Please to burn this as soon as you have read it." This letter 
 having been read, the defendant is asked : — " Noav had you some 
 letters before fi-om Charles Orton under the name of Brand ? — Yes, 
 several. Q. What alloAvance had you been making him ? — WeU, for 
 tAvo or three months I alloAved him 51. a month, I think. Q. What 
 did you alloAv any other of the relations of Charles Orton ? — I did 
 not make any allowance ; Avhenever they AAT^ote to me and Avanted 
 any — Avere in distress^I used to send them some. Q. You say 
 they Avere in distress: had Mrs. Tredgett any other means of subsist- 
 ence besides Avhat you aUoAved her ? — I reaUy cannot say ; I do not 
 know anything about her affairs. Q. You do not knoAV anything 
 about her affairs? — No. Q. You mean to swear that? — I swear 
 that positively. Q. That you do not knoAV Avhether she had any 
 other means of subsistence besides that? — Not the slightest idea 
 more than you have. Q. What about, noAv, did you alloAv her ? 
 What did it come to ? You say you sent it to her AA'hen in distress ? 
 — AYell, I have never sent her more than 5/. at a time. Q. Hoav 
 
 3 G
 
 ( 818 ) 
 
 often do you think you sent her 51.? — I suppose I sent the two of 
 them, in all, betAveen 30/. and 40Z. Q. ' The two of them, in all,' 
 who do you mean ? — The brother and the sister. Q. You mean to 
 swear you have never given the others any money at all — the other 
 two sisters ? — I swear that positively. Yes. Q. Never a farthing ? 
 — Never one farthing to my knowledge. Q. That you swear? — 
 That I swear."" Then a letter is read from the defendant to the wife 
 of Captain Jury, Mrs. Captain Jury as she is called, dated the 11th 
 July. This was before he left. " Dear Madam — I have just receved 
 yoiu" letter and hasten to reply to the same. I receved a letter from 
 your Husband Captn Jmy. but not knowing his writing I did not 
 know if it was a Trick of my enemys or not. therefore did not 
 answer it I have not heard from your brother Arthur since, but 
 I have advertisements for him in the Australian papers. I had an 
 Interview -with Capt. Angell and your brother Charles the other 
 day at my Solicitors Office in presents of Col. Lushington and 
 Mr. Holmes. It appears the Solicitors of the other side got Capt. 
 Angell to make an Affidavid before he left England on his last trip 
 stating that my photograph was the photo of your brother Arthur. 
 However since he has seen me he is convinced to the contrary, and 
 is going to make an Affidavids as also your brother Charles in my 
 favour. I shall be in Town early next week and mil make arrange- 
 ment to meet you. I will write to you again before that, your 
 Sisters have been most kind to me and I am affraid have had to put 
 up with much annoyance on my account. I have sent you by book 
 post a portions of my Affidavids. w'hich contains them of your 
 Sisters." — So that we gather fi-om that letter that these two sisters 
 had by the 11th Jidy made affidavits in favom- of the defendant — 
 " I have no doubt you Avill be \dsited by detectives and other as soon 
 as it is knoAvn you are in England." I suppose she had been away 
 and had only a-ecently come to England. The rest of the letter is 
 wanting. On the 15th of July he writes to her: "I shall be at my 
 Solicitor's to morrow about eleven o'clock where I should have great 
 pleasure in meeting you If convenient for you to come if not write to 
 me there and let me knoAV where you can meet me and when Lady t 
 thanks you kindly for your kind washes. I remain Dear Madam 
 truly yours R. C. D. Tichborne." 
 
 Then the defendant is asked — " Did you see them often, these 
 sisters ? — I have only seen them on one occasion, in the presence of 
 my attorney. Q. Was that after you made this appointment? — 
 Yes, after I made that appointment. Q. After the 15th July, 1868 ? 
 — I really "will not confine myself to dates : It was after that letter." 
 The Solicitor-General repeats the date of the letter. " You did not 
 see them until the appointment made by that letter ? — No ; not till 
 the appointment. Q. You did not see them until after this letter ? —
 
 ( 819 ) ' 
 
 No. Q. One Is the lltli, and the other is the 15th Jnly? — Yes. 
 Q. You did not see them until after those letters ? — No. Q. None 
 of them? — No. Q. Not at all? — Not at all. Q. Had you many 
 letters from them ? — Yes, I had a good many from them. A good 
 
 ? — Yes. Q. There were letters from them ? A good many ? 
 
 — Yes ; I think there were from them. Q. From aU three ? — No ; 
 I told 5^ou before I destroyed all letters of Charles Orton. Q. From 
 all three sisters ? — No. I think one sister never wrote to me at all ; 
 I do not remember her having done so. I only remember two 
 wi'iting. Q. What has become of those letters ? — They are in the 
 possession of my attorney, I suppose. Q. The letters from Arthur 
 Orton's sisters to you ? — Yes. Q. You say you had several letters ? 
 — Yes, I have. Q. At what date ? When did you have the letters 
 from her ? You have only spoken of one at present ? — At different 
 periods. Q. You landed at the end of 1866 ? — Yes. Q. You made 
 an appointment to see one of them : Which one was it that you 
 Avrote these letters to, that you made an appointment to see in July, 
 1868 ? — That was Mrs. Captain Jury. Q. If I have collected your 
 e^ddence rightly, from the time you landed at the end of 1866, till 
 July, 1868, you had never seen either of them? — No, I had never 
 seen either of them. Q. And then made an appointment to see 
 Mrs. Captain Jury ? — Yes. Q. And I suppose you did see her ? — 
 And did see her. Q. Now, what I Avant to know is, from which of 
 the three sisters — there are three, Mrs. Tredgett, and two Mrs. Jurys? 
 — Yes. Q. From which of the tliree sisters had you received letters 
 in the intermediate time, between the end of 1866, and July, 1868 ? 
 — From Mrs. Captain Jury and Mrs. Tredgett. Q. And more 
 than one from each ? — I think so ; yes. You read two or three, 
 from one, yom'self. Q. Have I ? — Yes. Q. I was not aware of it. 
 I think that must be like Mrs. Someone else's dream ? — I thought 
 you had done so last night. Q, I think not, as far as I can 
 remember ; there were several then, or at least more than one from 
 each of them ? — Yes, I think so. Q. From Mrs. Captain Jury and 
 Mrs. Tredgett ? — Yes. Q. And do you say you think all those 
 were handed over to Mr. Holmes? — No, I think they were destroyed. 
 Q. Which ? — I destroyed all the letters I received from them up to 
 going to South America. Q. You destroyed all the letters you 
 received from them up to the time you went away to South America ? 
 —Yes. Q. Did you destroy other letters ? Did you keep some ? — 
 Yes, there were some letters I kept. Q. Are you speaking of those ? 
 —Generally. Q. Why did you destroy those? — I was not aware 
 they would be of any use. Q. Did you think them of any import- 
 ance — the letters of Charles Orton and his sisters ? — None whatever. 
 Q. Mrs. Tredgett you know you were fi-om time to time supplying 
 Avith money? — Yes. Q. Did you not think it was important to keep 
 her letters ? — No, I did not. Q. Then what are the letters — because
 
 ( 820 ) 
 
 you used tlic ])lural number — that you did hand over to Mr. Ilohnes? 
 — To Mr. Hohnes? I never said I handed Mr. Holmes any. 
 
 Q. That Mr. Holmes has? — I did not say that Mr. Holmes has. 
 
 Q. That Mr. SpofForth has? — The letter I received from Mrs. Jury? 
 
 Q. Since you came back from South America? — Yes. Q. AYhat 
 I want is, any letters Avhich you had before you went to South 
 America ? — There was none : I think I destroyed them all fi'om 
 those parties." 
 
 That, Gentlemen, is the important part. The defendant having 
 been in the habit of supplying sums of money to these people, or 
 some of them, to Charles Orton certainly, and to Mrs. Tredgett 
 living in the same house with Mrs. Captain Jiuy, and having letters 
 written to him, which letters, fi'om their internal contents, would 
 have enabled anyone who examined them critically to judge Avhethcr 
 the correspondence was carried on on the footing of the defendant 
 being Sir Roger Tichborne, or on the footing of his being a con- 
 nection or a brother of these people, one wovild have thought that 
 for his own sake, if it was in the character of Roger Tichborne they 
 were corresponding with him, he would have kept the letters, in 
 order to be able to show that the intercourse betAveen liim and them 
 had been one of a perfectly innocent character. Instead of which 
 the defendant tells us that he deliberately and purposely destroyed 
 those letters. Then there is a witness, a man of the name of Scowen 
 —who proves that, being a railway porter at Croydon, he Avas 
 employed by the defendant to take a parcel to the place where this 
 Mr. Charles Orton was residing, and to deliver it there to him, it 
 being addi'essed to him imder the name of Brand. 
 
 The result is what I have been telling you. The defendant puts 
 himself into communication with the Orton iimiily; he obtains fi*om 
 them the information Avhich he desired to get, or all he could get, 
 such as it was ; he then drops them for twelve months ; then he takes 
 them up, gives them pecuniary assistance, has communication Avith 
 them in the Avay of letters, and destroys those letters; denies all 
 knoAvledge of them, or of CA^er having been to Wapping, Avhere he 
 Avent in search of them; goes aAvay to Chili, forgets to make any 
 provision for Charles Orton in the meauAvhile — and then Charles 
 Orton, finding he had gone, betrays him. 
 
 NoAV all this forms, you Avill doubtless think, an important chapter 
 in the history of this case, look at it in Avhat Avay we Avill. If you 
 look at it Avitli reference to Roger Tichborne, Avhy shoidd Roger 
 Tichborne have taken this course ? Why should he have sought out 
 the Ortons as the defendant did, or if he thought proper to find out 
 about the Orton family and relieve them, Avhy should he have 
 shrouded it in mystery and concealment? If you look at in the 
 other vicAV Avith reference to the Arthur Orton case, you Avill have to 
 consider Avhether it does not tend very strongly to shoAv that this
 
 ( 821 ) 
 
 intercourse was kept up with tlie Orton sisters and diaries Orton, 
 because it was necessary to keep tliem quiet — because they could, by 
 asserting that the defendant Avas not their brother, give him most 
 valuable assistance and protection in that respect; while, on the 
 other hand, if they knew he Avas their brother, their coming forward 
 to state it might most seriously damage and endanger his case. 
 That these facts staggered Mr. Holmes, and influenced him in 
 giving up the case, would appear from a letter which Mr. Holmes 
 wTote in the month of October to Mr. Rous. On the 13th October, 
 1868, he writes to him: "Dear Sir, I regret to say it is perfectly 
 true that Charles Orton has made an affidavit that Sir Roger is his 
 brother. I traced the fellow out at Peckham last Saturday, and 
 obtained the admission from his own lips. He states that he did so 
 after seeing Whicher and Lord Arundell, because Sir Roger did not 
 leave him anything before going abroad. Of course I complained 
 of the deception he practised upon me. Colonel Lushington, Mr. 
 Bulpett, and Mr. Scott, each of Avhom he told at different times 
 that Sir Roger was not his relation, but he excused himself for so 
 doing upon the ground that since May, 1867, he had been acting as 
 Sir Roger told him. He says he destroyed all the Avriting he 
 received from Sir Roger with the exception of two scraps, containing 
 promises to send him money, and which he handed over to Mr. 
 Bowker. I learned from Charles Orton on Saturday the startling 
 piece of ncAvs that Arthur Orton had been to Valparaiso, and 
 remained some time in Chili before he left England in 1852 for 
 Hobart Town, and could speak some Spanish. I have since made 
 searches at the Seamen's Registry Office, and find that Arthur 
 Orton did sail in the ship ' Ocean ' for Antwerp and Valparaiso in 
 1848. Mrs. Tredgett, his sister, told me this morning also, that 
 Arthur came home fi'om Valparaiso just before going on board the 
 ' Middleton ' to Hobart Toavu. I write all this to Sir Roger and 
 Mr. Stephens by the mail of the 16tli inst." 
 
 These are the facts connected Avitli the intercourse of the defen- 
 dant Avith the Orton family, forming, I think you Avill be of opinion, 
 an essential feature in the Orton case, Avhicli case I am about to 
 submit to you ; for Ave have noAv brought the case up to the point at 
 AA'hich it becomes necessary to enter upon one of the main issues in 
 this cause : is the defendant Arthur Orton or is he not ? It is to 
 this most vitally important part of this inquiry that I shall next 
 proceed to direct your attention. 
 
 END OF VOL. I. 
 
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