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COURT OF QUEEN’S BENCH.—Fes. 2 (Before the LorD CHIEF Justice and Justices MELLOR and Luss.) ONE HUNDRED AND SEVENTY-FIRST DAY. THE SUMMING-UP. The trial at bar was resumed yesterday morning. The Juries took their seats at thirty-five minutes after 10 o'clock, when The Lord Chief Justice, reminding the Jury that he had brought down Roger Tichborne to the end of 1850, said he had any omitted one fact—viz., that in November he passed his second examination at Cahir on his promo tion to the rank of lieutenant. In January, 1851, accurl inge to one of his letters, he dismissed Tom Muston from his service for incapacity sn carelessness, showing how regular and methodical he was in his habits. Muston had said he lismissed himself. On the 5th of the same month he obtained a fortnight's leave of a lisence to visit his father and mother in Paris, and called at Upton on going and re turning. On the 31st he wrote to Mr. Slaughter about the family settlement, and his will, and received a reply giving very explicit information on the subject. His Lordship read the former and other of Roger's letters to Slaughter and Hopkins, to show how far he understood that subject, on which the defendant was entirely ignorant, and how far he was a man of business. His Lordship then continued: He writes on the 12th of April to Mr. Gosford, expressing the utmost surprise at a suggestion made to him by his father, that he should endeavour to get married to a young lady he mentioned—a lady who, Mr. — Gos ford told us, was not much known to Mr. James Wichborne, and still less to Roger. He asks Mr. Gosford if he could supply any information on the sub ject. In the same letter he says he has heard from 4ir. Slaughtar, from which he finds the settlements as he wished them to be made would be “a long business,” and that the present deeds almost frighten him out of it alto gether. ‘Then he writes to his aunt on the 20th, telling her that he has been ‘‘ putting all his papers to rights,” and has found a scrap of her writing which gives him great pleasure, and which he intends to keep with all her letters. She replies on the 24th of April, enclosing some religious pictures. In this letter occurs the remarkable passage from which much matter of observation has been derived. She says, ‘‘ You put a withered leaf in your letter. Was it an emblem of yourself? If #0, throw it aside, look to the bright green leaves now opening about us in spring, and say ‘I will not be a withered leaf.’ I pass the withered leaf by for the present. It has been so strenuously urged uponou, aa having some mysterious and hidden meaning, that we shall have to consider it by-and-bye; but I must say that in my opinion it ought never to be forgotten as one of the curiosities of forensic oratory. Now comes a matter which has been introduced by the defendant in his history of his military career in connection with Captain Polhill ‘Turner—namely, some confusion that Captain Turner's troop is said by him to have got into a top inspec tion. I have pointed out to you that in the year 1850 there were two inspections at headquarters at Cahir. ‘This seems to have been an inspection at Clonmel. Writing on the 15th of May he says they have had an inspection by the general commanding the district. He speaks of two inspections ; one at Cahir in May, 1850, and another at Clonmel in May, 1851. In the former the general was ex tremely well pleased with the way in which the regiment performed its evolutions. In this instance he says nothing except they looked very well, and makes no observation which will bear out the defendant's statement. I find no reference to an inspection in October, 1850, and it is pos sible there may have been some incident on that occa sion such as the defendant mentioned. We shall have to consider that by-and-bye. In a letter of the 23rd of May Lady Doughty advises him to be more careful about his dress and appearance in the morning; and he writes back on the 26th, asying he can guess who has made remarks about his dress, and when he Gods him out they may have a little row. Then he writes to Mr. Vincent Gosford about an exchange which he is in hopes of making. I do not think there is anything of importance there. Lady Doughty writes, in answer, that if he attempts to fix on anyone as the person making the charge he might do great injustice, and incites him to religious amendment. She refers to the opening of Stapleton Church, and says that for several days the house would be filled with bishops and priests, but that the family would be glad to see Roger afterwards. You will observe that on July 29 Roger Tichborne arrived again at Clonmel. While he was away Captain Polhill Turner's troop was ordered to Waterford, and for some regimental reason Roger was ordered to Clonmac, and instead a gaming bis gid tren +7 became connected with Captain Martin’s troop. As he got back to Clonmel you will notice that he could not have got back to Brighton ; £ 0 when you come to the Brighton card case you will bear this in mind. On Friday, July 30, having got home the previous night, he writes to Gosford. In this letter he diverte to the fact that at Upton there was one gentle man, if not were, who paid particular attention to Miss Doughty. He seems to have feared that some more bril liant admirers might make way in her affections. He says that when he say Lady Doughty she seemed to have something on her mind which she wanted to disclose, and adds,‘ I have no doubt you, being her confidant, will sooner or later hear all about it. He refers to the names of Lord Lovat and Mr. Walter Strickland, and the possibility of seeing some announcement in some of the papers under the head of “ Marriages in High Life. We know that in the middle of 1851 Miss Doughty had begun to feel a tender inclination towards Roger Tichborne, whose attentions to her she must have been perfectly aware of. But young ladies will sometimes—even if there be a favoured lover on whom they have fixed their choice— indulge in a little bit of coquetry at the expense of the lover who really has possession of their hearts, and will show temporary preference to someone who pleases their imagi nations without touching their affections. I cannot help thinking that perhaps when Miss Doughty saw Roger boo grave and sullen at the Master of Lovat she played him off a little instead of undeceiving him, and hence this sort of expression, which we find in his letter, of having no doubt that in the next year there would be in the columns of the newspapers the announcement of her marriage with the Master of Lovat. It had not, however, struck Mr. Gosford in the same way, because he did not ‘think there was anything serious in what was passing at Upton.” He writes to Roger in that way, and Roger writes to him: “I was surprised you did not make the same observation that I did when I was at Upton.” Then again he writes,on the 20th August :—‘ I have been long expecting a letter from you which would give me some news of ‘Tichborne. I hope that everything goes on well between my father and my uncle. I received a letter from Walter Strickland, which states that there is much company at Tich borne, Lady Doughty has not written. She has some thing against me, but I cannot make out what it is.” Then Lady Doughty writes him a long letter, but does not touch on the subject which was nearest to his heart, and he, dissatisfied with this letter, cails it in a letter to Gosford ‘tacool, long, and erypolite letter.” Then he writes to him on the 40th of October, and says that Lady Doughty, he believes, has given him up, and then goes on: ‘‘ Have you observed anything further about what I mentioned to you in my first letter? I cannot help thinking that something must be afloat now.” Then he writes to his aunt: ‘I don't think there is any chance of our going abroad. I don't know that I have offended you. What makes me make this remark is that I have never been so long without receiving a letter from you.” Then she writes to him on the 21st October: ‘* You have reason to reproach me for my silence to you, but the affectionate interest I have felt for you from childhood is the same.” In the same letter she advises him to occupy his two months’ leave of absence in travelling through Europe. Then he writes to Gosford with regard to the suggestion that he doesn't feel inclined to do so. Then he writes to her: ‘It is some time since I knew my regiment was to be sent to India. I have spoken about it for some time, and you must not be surprised that Sam pleased at it. I am much obliged for your inquiries if have any wish. ] have none at present.” But he goes on to say that he would pay them a last visit, and she writes to say, in reply: ‘It is useless to tell you how many sinful thoughts a last visit to us would cause, still we will be very happy to see you.” Then there is a letter to Mr. Vincent Gosford, which shows what this man was, and how strong his will when he had once decided upon anything. He sips; ‘I intend applying for leave of absence from the 18th of December to the 1th of February. If I can’t take arrangements with yet about the stables, I shall sell my horses before I leave there. I expect much blow ing up when I go to Paris, I intend to stand some of it, but if it comes too strong I shall go away at once. I don’t intend to remain to be scolded all day. That does not do. It don't pay.” He writes on the 23rd November to Gos ford again, telling him that he is coming over, and then he asks him to meet him at Bath. [In the same letter he says he has been obliged to tell his father of his intention to go abroad.] He got leave from the 15th of December to the 15th February, and he came on Christmas Eve to Tichborne ; and what he himself tells us would leave very little doubt that if he had any misgivings as to the result of what he can at Upton, and as to the feeling of Miss Doughty towards him, her reception and her manner, when he came to Tichborne, very soon dissipated any anxiety on that score. He was satisfied that his affection was returned, as far as a young lady of her age, and with her sentiments of delicacy and maiden modesty, disclosed what was passing in her mind. He saw this, but no doubt he was perfectly aware of the difficulties which stood in the way of the accomplishment of his wishes—marraged his cousin He knew very well that Lady Doughty was no T means anxious that the marriage should take place. He also knew very well that neither his uncle nor his father would look with favour upon a marriage which the Church discountenanced, and which, in their private and ee 4 opinion, they did not approve of. He knew aloper there talked it over with Mr. Gosford. It was in one i. conversations wher he suddenly sprang UP. 45 Gosso describes it, and, seizing a sheet of paper, wrote that to build a church to the honour of the Blessed td through her intercession with God, his marrige witt eventually take place ; and that he did place such a art vow in the hands of Gosford it 8 eee Ree i ve in his 2 the letters which we, ha ition of the two cousins moment to doubt. The post was, of course, pretty well known to everyone, Roy,a nd of course shrig, Was very much it love, with her, an aed ,ik The probability that the young lady, enter taining, though , perhaps not so strong, a reci cal feeling, had still a growing attachment towards him, and showed that, she was not displeased with him; and this state of things would be very soon manifest to those who were interested in the lovers. Lady Radcliffe tells us what her feelings were. She says that between the commencement of his visit and the #th of January Roger had said nothing to her about the attachment. He had said nothing directly. She said she hoped that the marked, attentions which he showed were intended as attentions paid in the way of courtship. With regard to Lady Doughty, she had by no means made up her mind to ap prove of the match. On the contrary, she was rather inclined, perhaps strongly inclined, the other way. 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 over, looking at all the other circumstances, if she had had perfect confidence as to Roger's habits. Whether her view of them was exaggerated or not, there is no doubt that Roger had a tendency to drinking, and there is no doubt that someone or other made Lady Doughty well acquainted with the fact. It seems impossible to read the latter and not feel that she rather despaired of Roger's being completely reclaimed from this besetting propensity. Accordingly, on the Sunday morning, the 11th, when they were preparing for church, Roger receives a summons to go to his uncle, Sir Edward's library. He goes,and Sir Edward at once states to him, without any reserve, his dis approval of his intentiona towards his daughter. He tells him fairly that he thinks the relations of first cousins a serious objection, one which is sufficient to induce him to withhold his consent to the marriage. He says: ‘ It will be better for both of you that this should be stopped at once. The longer you remain together the more the at tachment will grow. Therefore, my dear Roger, you had better leave at once,” and it was accordingly determined that he should go. They went to church, and Lady Rad cliffe says she knew nothing of what had taken place, or saw anything more of him till the afternoon. Her mother then told her what had happened, and in her mother’s presence she had an interview with Roger. She seems to have thought that the time had come when there should be disguise no longer, and Roger then thoroughly understood what his cousin's real feelings towards him were. We have been told by the learned counsel that the love of these two persons was a pretence and a sham. The word used was that it was “ humbug —a term which we are not yet used to in forensic language, but the learned counsel introduced it—for the first time im my remembrance. The learned pounce said that if Roger ever felt any real passion for his cousin it was degraded into mere personal desire, without any of those higher qualities of that divine passion which dis tinguishes men from animals. [The learned Judge here read letters full of the most touching expressions of affection and grief, and in one of them he told Gosford, ‘I am in such a state of mind at present that I do not know what I am about.”] On reaching Paris he wrote again to Gosford a letter, in which he says, ‘I have written out my will and left it with Slaughter. Only one thing I have left ours— that about the church that I will build only under the cir cumstances I mentioned, which I have left with you in writing.” It is quite clear, therefore, from that passage that he had left a paper with Gosford about building a church. He stayed in London on his return from Paris, and on the 3st January he wrote to Gosford stating that, much as he should like to pay a visit to Tichborne, he could not do so, because it might bring back to other persons painful recollections. On that same day he received do his astonishment, no doubt—a summons to Tichborne, Sir Edward Doughty having been attacked with so serious an illness that he was not expected to get over it. Acc cordingly Roger, who was the next heir, was summoned to Tichborne, and found his uncle dangerously ill. Roger next day writes to his mother to beg that his father will not lose a moment in starting, if he wishes to see his brother alive. He writes to Henry Seymour, to say that his uncle is en tirely given over by the physicians, however, as we know Sir Edward did recover. But Sir Edward being thought to be dying, it occurred to the two cousins that if at some future time, when Miss Doughty would be her own mistress, they should determine to marry, it would be very painful to think that her father had gone out of the world leaving a prohibition against their union. She tells us that they arranged between them that he should set her father, and endeavour to induce him, being so was supposed on his death bed, to withdraw his prohibition; and, as she ex pressed it, “If at any frigure time they would marry he would leave his blessing on their union.” Roger saw him, and the old man was touched by the expression of Roger's affection for his daughter, and perhaps by his own affection for Roger himself. It ended by his widrawing his abso lute prohibition and substituting for it a conditional assent. Roger put on paper what passed between him and his uncle. The expressions, no doubt, were his own, but the substance, I cannot doubt, was what in truth did pass be tween the two. The uncle is supposed to say. My dear Roger, I know the mutual attachment which exists between you and your cousin. If you were not so near related I should not object at all to marriage between all. However, wait three years , then if the attachment still exists between you two, and you = your father’s consent and also leave from the Church, it will be the will of God, and I will not object.” And Roger is supposed to answer—these are his own thoughts and views put in his own language—‘* Ever since I had the pleasure of knowing you and my cousin I have always tried to i towards you and my aunt in the most jyyliaital at at possing Guy, of course, would get my father’s con sent, and also the leave of the Church, and do it in an honourable way in the eyes of God and the world.” In the course of his visit many conversations take place be tween him and his cousin, and she tells us she asked him to put his thoughts and sentiments towards her on paper, to doce oo, and those documents remain as monsurinus of Roger’s feelingsowards the young lady. And since his love has been called in question, and has been either denied altogether or sought to be converted into some low, base passion, let us hear his own account of it. It has been said by the learned counsel for the defendant that these are the effusions of a drunken man. [I might, I think, have been suggested that they were written under powerful emotions quite sufficient to agitate even the strongest of us, and that the numerous mistakes and the badness of the writing might be accounted for by such a cause. If they were written under the influence of drink there would be the more likelihood of any evil passion or sinister purpose which might have been link ing in his mind cropping up to the surface and becoming manifest. Let us see if there is anything of the kind. The document is dated ‘'Tichborne Park, Feb. 4th, 1852, half past ] in the morning,” and is addressed to “ My dearest Kate.” He says that being somewhat calmer he will try to satisfy her wish as to writing his thoughts, and first speaks of his father’s approaching visit. Then he says he feels for his cousin more than he can express in her trial, but says she ought to be thankful that God has given time to his uncle to prepare for death, remarking: '' God only gives grace to those who lead a good and virtuous life ; it is the reward which is given to those who have practised virtue, and given a good example to others.” Next he writes: “ You are, my dearest K., the only per son for whom I have ever formed such a strong and sin cere attachment. I never would have believed a few years ago I should be able to get so attached to anyone. You are the only young person who has ever shown me some kindness, for which I feel very thankful. As I have under taken the task, I must write all that I have done and what have been my thoughts for the last five years. T have a very —strong, I suppose—‘ idea when I left Ireland, which was this: I thought that you had entirely forgotten me.” He goes on to say that he did not think any person cared about him, but that he still wished to come to take a farewell of one whom he loved as dearly as ever, and whom he would do anything in this world to oblige. When he came to feel that he was mistaken in the opinion he had formed, he reproached himself bitterly, and he got rid of and thoughts in a very short time. He assures his cousin of the strength of his feeling towards the only person he had ever loved. He promises to employ the three years that he intends to remain away in reforming his conduct. ““You cannot imagine,” he says, ‘‘ how much pleasure your letter has given me.” No doubt in the interval Miss Doughty had written him a letter, which does not appear, stating to him her feelings. Roger Tichborne continues that he hopes to return in the autumn of 1854, or in April, 1855; but he promises that if his cousin wished him to come home sooner he would do so, and, in that case, he would not remain in the Army five minutes longer than he could help. Gentlemen, can anyone read these letters and doubt that the man loved the lady to whom these papers were addressed with all the sincerity of a warm and devoted attachment! Can anyone doubt that the passion was of pure and noble kind—not the base, grovelling, passion which the defendant's counsel sought to represent it too. I think it would be impossible for any candid man, anxious only for the truth, to read these documents— whatever may be his opinion of Roger Tichborne with id to his habits and peculiarities—without being con scious that his attachment was noble, pure, generous, and sincere, such as may be conveyed by these lines ; « ft is love sincere, his thoughts immaculate, His tears pure messengers sent from his heart, His heart as far from fraud as heaven from earth.” Then comes the letter of June 5, in which Roger Tichborne gives minute directions as to the will which he wished to make. One of his desires was that the Doughty estates should be left to trustees. Then comes the disposition with reference to Kate Doughty, where he says, “If I am in possession of the estates at the time of my death, I direct my trustees to offer to Kate Doughty Upton as a temporary residence.” So that it is clear he had at that time a full knowledge that he had no power over Upton till he came into possession. Then there is a which is of no im portance £s far as the provisions of the will are concerned, but which is of great importance 10 elucidating the ques tion as to whether or not head left a document in 1852 with Mr. Gosford as to something that was to bedone, not under his will, but in a different way, he says: “My private ishes and intents I intend to have Loom castied out st Llive, I have confided to Bir. Vincent ord, and eed ‘that you and Mr. Gosford will act as trustees.” Well, gentlemen, what he proposed to do was this. He Hd, if he lived, and that intention he wished to im intend r pose upon his brother Alfred, if he succeeded him, to free the Doughty estates from the large incumbrance of £ 100,000 imposed upon it for the purpose of relieving the Tichborne. The first thing is not to go on spending the latter income as if there were no incumbrance, and we cannot imagine anything more prident. Nine young men out of ten would not have thought of it But it was not so with Roger. He says the fire, thing,is to clear the extate of the incumbrances, and, having made that prov ion, he says, when the debt is paid off, let Alfred enjoy the whole. When he dies, if we should have two 60m, then I will have the scheme @b’ch 1 have had so long 10 DY mind carried out. The 7roperty shall be equally divided, by s portion of the Dwighty estates being added to the Tichborne, which wow! q make two. incomp ete bear £ 10,000 x year. There are two estates, the Tichborne Uptra. With this, now he had always oPthe i ths latter; and the Upton was to form the seat of a recor 4 : ee z istecce to im. There are family, which world owe its ex . A if Alfred had two sons, the second would take the second i what then? The, if hate art. But it?» had no eons, s ighty should marry someone ele, it ehalkacs go to any
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