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Although the incidents attending the hearing of ‘this case yesterday were’ by yin means no sensa tional’as those of the preceding day, many Little xuatters arose in the course of the sitting which attracted's great deal of attention and provoked much curiosity. In thasbasnce of the junior bar—now on circuit—and under the influence of some new and wisely devised regulations, the ‘court was not at all inconveniently, crowded, but notwithstanding till the tame was far too igh to be agresable. ’ In renaming his address, Dr. Kenealy continued hhis argument. that the “tyhole correspondence between Roger Tichborne and Lady wihty: Ribs eat an orca aa real love for i ughty; but” hat ‘any feeling he had totfarda her ‘was but a passing attachment, influencing him only when*he was in her pre cnos. To account for the coldness of Lady ghty, of Shi Hose had more than once com lained, he susgesto and indeed more than aggested, that she had heard of his engagement or firtation with Mias Bollew in Ireland; but ter 8 great deals of time find thao spent upon matter Mr. Hawkins, pointed out that the etter in which the comin of Miss Bellew occurred was One Weilmansby Harptenckers After he came d, did not one of the acknowledged Roger ichborne’s. The use of the words ‘find out” oth by Roger Tichburne and by the defendant in letter written from Wagen W, were referred as a proof of the identity of two parties, addation was that the remark of Y M Tichborne in his letter to his cousin, after interview with Sir Edward Doughty, that the was “thunderstruck indicated” that the baronet had employed some fearful Isn gare. 7 waa udt unnatural that the m meant thut fea ianceenn sod roma 8 1 ffa,” and to cat ith this desire Dr. Kenealy a mated it ee too far to say that he assarted—that Sir E. hy had “My daughter shall never matie. immediately Pointed out ta in wan x poi out that this was [the first time that,such ‘5 , ig had been sug ¥ 8 thin to which Dr. Kenealy replied, with hisnznal Scedonon’ that teak Bis Doagity and Sir J ames Tichbore were men of *e fiery tamper.” : the Lord Chiat Fuistice remained, “Fiery, but not is was that Roger Tichborne, and the de fendant alike the word * rendtive ? without vowel i, but with s double“‘a, and he tod that in one, case to which he specially cited this “letter had been tampered ry and that an Se! had been turned into an ei i spending some time in examining ath document with a glass the Lord Chief Fustica remarked, “T cannot see it” Then the docu ment was handed to the jury, who carefully in spected it, and through their foreman announced that they could trace no alteration, and the sub ject was dismissed by Bir-A, Cockburn remarkin g its 3 mare's nest. When Dr. Kenealy ateemrred to the ‘sprawling drunken hand watin,” of a letter addressed to Miss Doughty, he was invited by the Chief Justice to point out any evidence of drunkenness in the style, dificulty which he endeavoured to get over by the assertion that some of the best cantons of Don Juan were written by Lord Byron when he was drunk, to which the Chief Justice replied it passover basen proved, and I don't believe i. ‘The only other answer dealt with | 4n the early part of the day which may ‘be regarded as spatially illustrative of Dr. enealy's Argument that Roger had no love for 14 counin was his reference to the fact that, four 1 jaya after he gave to Mins Kate Doughty her copy the sealed packet, he wrote to Air. Gosford ing him specially to forward his copy of f' Mon Voisin Raymond,” which the learned counsel described as one of the most infamous novels of Paul de Kock. When their lordships resumed their cata after endjournment for luncheon, the Attornoy ene came into court he was about th em to vindicate their authority against Mr. ‘Guildford Onslow ‘in connection with the last for funds in aid of the defendant; he ,indeed, made some slight progress with his remarks, when he was interrupted by the he Chief Justice, who said that within the last few minutes he had received a letter from Mr. nslow, explaining that he had never seen the Mappsal” before it was published, although he given authority for his name to be attached to it, and had never had the slightest idea of preaching the pledge which he gave on a previous occasion. At the same time hon. gentleman offered ‘an apology for any offence which he might inadvertently have committed. Upon this etter the Lord Chief Justice remarked Mr. Onslow had been guilty of indiscretion allowing the “sppesl” to be published with his letter prefired to it, but that it was clear that when he wrote the letter he was not aware the t here would be anything offensive in the ‘ap peal” He had now disclaimed any connection (With the language of the appeal, and had there non purged himself of any contempt of Court. The Attorney-General, who had taken up the matter solely in the discharge of his official d duties, immediately acquiesced in the decision of the Court, but the matter did not end without a versation which may be worth notice. The nn Chief Justice, referring to the fact that what complained of was an appeal for money to ramist the defendant with money t conduct his defence, declared (without any dissent from his colleagues) that any such appeal, if couched in operate terms, and involving no attempt to prejudice justice, was perfectly legitimate, and re not contempt of Court. With reference to a language complained of in the appeal Mr. Justice Melior remarked that nothing could be more calculated to do mischief. The Attorney- General, admitting that their lordships were sole and yes, and that if they were satisfied it was not for him to any more; at noe announced that he should not press Lik application against the puri ster of the appeal; as, under the circumstances, that wold not be fair, and the discussion close d with an intimation from the Lord Chief Inatha t the appeal must not be published any more, it was entirely altered—an edict to which the Attorney-General responded with one of his dificant smiles '“When these papars now febat has passed it will be quite sufficient.” This matter being disposed of, Dr. Kenealy Zelt, compelled, as he himself expressed it, to bore the jury and the Court with the old subject of the enigmatical character of the com pondence between Lozer Tichborne and Lady ra and, not to use the word in oy ffensive sense, not to insingata that he di wore than he thought his duty, bore both them and every one else in count he certainly did. ere is nothing Tarebae thous say may necessary, then the reading a ) OF Portions of otters, even when interrupted by Rich comments as Dr. Kenealy mate, and it was only when some misapprehension arove Ust the attention of the audience was iscited. A striking instance of this was When, in reference to Lady Doughty's objection Roger Tichborne’s taking a hunting-box in Hamp hire, he suggested that there roust have “ lashed truss his mind ” with reference to previous trans tions the idea, ‘ You have outwitted me, and I outwit you. I'l pay you with your own tin,” “What Iasked the Lord Chief Justice, in linea of subdued indignation not to be misunder sood, “by seducing their daughter? ‘* Yes,’ Was the answer, “and he for me that deliberate rise with a view to vengeance?” asked his iship, ** Say it may have been so, said the loned counsel. He afterwards explained that what +? meant by this expression was that he thought itight have ¢ ed across Roger Tichborne’s . But in answer to his original remark the lent Chief Justice observed, “ There is no maga severe enough to ¢ terisa the act: (2 stimbuta ta Jornal tning, it to h ave originated in Wopassignate desires for his Smsin; but if, as D understand you to put it, it saw purpose deliberately formed because he Monsht' himself illtreated, and therefore felt Wietiniued to humble them into the dust by the Reduction of their daughter, it is stmes a ferent form of atrocity.” After this it was Sater. Kenealy said that,he had only in tied ‘to us that the idea might have rd the mind of Roger, but, that, he bo red him to be incapable of conceiving a wicked od deliberate plan of seduction. After a short conyaration, during which the Lord Chief Justice, having pointed the learned counsel's strenting to some point in the evidence, remarked, ‘I Hape T never embarrass you,” Dr. Kenealy had replied “ The only time your Lordship owt in me was yesterday, and I express that embaraas ment in hasty language, which regret,” ‘the thread of the argument was resumed, and the learned counsel went on with his contention founded upon his interpre tation of the Doughty correspondence, that Lady Doughty had some ‘special reason to object to Roger's presence at Tichborny, and that she had erceived that there was something aquivoral in isconduct towards her daughter. In one of her Jottos there was a reference to' reports, which, as Mr. Hawkins suggested, were reports as to the expected but forbidden engagement between Roger Tichborne and his cousin. The interpretation which Dr. Kenealy put upon the worde was that the cousins had been seen tozather wider circumstances which had excited “ village gossip, village scandal, and village slander, if you please; and made the important announcement that according to his in structions it would be his painful duty to contra dict Lady Radcliffe as to her positive denial of having been seen with Roger Tichborne in places and under circumstances which might produce scanty This he maintained threws light upon Lady Doughty's letters, which were otherwise inexplicable. “Closely connected, most in Ginistely contested indeed, with this part of his case was his appeal to the jury ‘not to regard the defendant's ignorance of dates, and his appeal to them not to “ bind him down to days or months,” which drew from the Lord Chief Justice the question, ‘ Now is a woman to vindicate her honour if a man is not to be bound to dates?' ‘' How is a man to vindi cate his innocence,” asked Dr. Kenealy, ‘is an error as ten dates to convict him?' * There are things which a man can never forget,” was the ‘reply. “' The evidence of dates is what we shall ‘have to go by,” and the lan Whom Dr. Kenealy reminded the others that he was only one of twelve.” Certainly,” replied the L old Obie Justices, “You will have to go by the evidence,” said Dr. Kenealy ; ‘ but I object to any presumption being raised from my Kient's updates ‘For my part,” said ulation Mellor, .*T. it againet any presumption. It is midttir wheel aust ‘be proved.” ret can't | Sally cos who eww it,” replied Dr. Kenealy , to which tha Isamed Judge replied, I don't are what you say, but I protest against that anyment (from presumption). Dr. Kannaly went on to argue that if he could prove Lady Roadcliffe had been inaccurate in other statements , there was an end of the special matter referred to, and they must entirely dismiss her evidence. “By no means,” said the Lord Chief Justice, while Mr. Justice Lush observed in those quiet, even tones which characterize him, and the significance of which only those who know him well can appreciate. “if Lady Radcliffe had not been called at all there are some very awkward facts for you to meet” Dr. Kenvaly, thanking his Lordship for the hint he had given him that there were matters in evidence which he had not noticed, the dis cussion of this point was wound up by the remark of the Lord Chief Justice: “ You must not , accept it as a proposition that because you may show Lady Radclnff to be wrong about this or that incident connected with a transaction about which she comes to speak, but therefore the jury must necessarily accept the dare egain at her.” After Dr. Kenealy had quoted some other letters, the adjournment took place. saitor: ind T“really fankot vndurideud ™ hy seatinull where avoided tia private nonvurandion wish hiv wnt, 1H ba binte thir dis probubde object would be tis cated, What the meaning of if il] fy Teannot iim ont, Whether Lady Doughty var playing Lim off kendist Mr Fervor, or Mr Frunzi against lim, does not appear ; but the MONeNt We get inky this affair with Mia Doughty we Beh into the region of everything imderbanil, dodging, [and watshmakiing, atu nothing plain, above board, ood vinighe Wovlig—a curs of mystic Jesuitry in which ‘avarvasie cyverats his thoughts from everyone ele, Tacit Walter Strickland] wig allodes it as being 3a grant |ivour at present, but he did not know how tumit would last. The Tart Chief Justion: Walter Strickland is often alleted to ih the letters, Dr. Kenealy: Yes, hit not tty that connection. The Land Chief Justice: Do slant understand that that favouritiem had dingeteeenen to Mive Doughty. Walter Steick Lewis at that WwW was ety uw pridsterphany fer dder Rinjesty'n Navy, . Dr. Kenealy = But if beware ty favour with the yous Judy, Lady Doughty couduot hells it, ‘The Lent Chief Justice; Lub sln would suos wrenking the door if she hane it, . Dr. Kenealy: Very likely, my hunty hut Ioger Tish “Lorie evidently thought she Master of Loyal was ose of the lovers Lady Doughty was encvilrliging. Everything ‘goes on to aubaluntique ty posstion as Detutier, 1u, 1931, Roger says thi be jant a lose to know what is going on, and that Lady Doughty seems to ave givin fin tn as a bad job. This she might very well love: done if shé had hand of something between Hehbone and Miss Bulin On week of October, 1851, he wrote no letter to Gosford marked “private and confidential,” and in that letter lo said that Jordy Doughty his advised Lint to travel on the Continest, I am pure you will underand the meaning of that. He says, “Lady Doughty does not, I believe, wish that I should make any Thug atky at Tichborne, because who as we match aid of what persons might, or might not, asy. The interpretation which my learned friend would put upon that would be that she did not fire people to give out that her daughter was engaged to her cousin. It cannot have that meaning, and must mean that people about the neighbourhood had heard scroature or other about his conduct with some other young lady. Ieuan only solve the mystery of the letter by that solution. Mr. Hawking: I don't know whether your Lordship will remember that that letter which return to Mise Bellew contained the wards '' ramones only.” e Dr. Kenealy : I don't ace that that malés my learned. friend's case 6 Lit better, The Loni Chief Justice: There seems to be no founda ry for what you are building up with regard to Miss iow. Dr. Kenealy : The journey to Paris, and the fact of that jade not having been called. They went to Paris, it can Baid, to buy jewallery for Lord Bellow’se. Surely they would not taken ppecial journey to Paris for wnch 0 16 Was certainly the you supposed to be alluded to in that lector to Mr. Hopking. ' The Lord Chief Justice: How can we know that? .. Dr. Revealy : We could have known it in one moment if the lady herself had been called. In that case she could have denied that anything in that letter of Mr. Ho kona could be alluded to her. In that way we should have got st it But the lady was not called dr. Hawkins . The Bellew allusion never occurs in the whole of Roger Tichborne's correspondence. I am not under the necessity of explaining an allusion made in a letter written by the defendant, Dr. Kenealy : I am much obliged to you. By conten tion is that the defendant is Roger Tichborne. I am sure that when the provocation has you to the trouble to bring poor Miss Hales all the way from Canterbury to any that she never knew Roger Tichborne, they might have brought Bliss Bellew, Mr. Justine Lush . But Miss Males was distinctly re ferred to by the ‘Tilyut to his cross examination, Dr. Kenunly . So was Miss Yellew distinctly referred to by the defendant I don't know whether my recol lection is right, but the defendant never was crops-ass- Wines shout Miss Deller, Ah, Hawkins . It never came out at all until Baigent was croa-exsmined. ‘Then it came out, suppose you remember a Miss Nellen in Irvlumt !—Dunwour only.” Dot Baigent gave no caplanation of it, ad they never recadled the defandant, Dr. Kenealy You might have done that. Why didn't you? It was in your tower to do it on the 19th of November, 1851, we find Roger Tichborne writing from Ireland, and again inquiring of Goafonl with reference to Lady Doughty. He seems anxious to show the rea son of her coldness towards him. if the only reason was drinking and smoking he knew that perfectly wall. Then he says— ' There are several remarks which I lave made in this letter which wish you to keep private.” We now come to that remarkable letter of Roger Tich borne’s, dated the Sth of January, 1952, which is a sort of godeenil to the prosecution ag offering an explanation of the sealed pocket. This latter was, we know, dictated by Gosford 2 iv a speaka of deart instruction to Mr. Slughtes for his will, 1¢ says—“ My wisher and inten tion toa Lintend that they should be carried out in the event of my death or dig; and it provides that failing male issue of his brother Alfred, the property should ge acead to the sons of his cousin, Miss Doughty, spit ible that at oval then Baye had the idea of making Kate Doughty his wife, and at the same time made such a provision to his sill? He must have known from his canferenas with Gosford that his marriage would revoke the will But the phase T have quoted shows that “his private wishes and intentions were not and as Gosford represented, pAserraans Did not Mu. Gosford say that he wrote that.
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Wed, Jul 30, 1873
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