THE TICHBORNE CASE.

Grey River Argus, Volume XIV, Issue 1743, 6 March 1874, Page 3

THE TICHBORNE CASE.

SCENES IN COURT. On Tuesday, Bth December, Dr. Kenealy, Q. 0., having spoken of Gosford as having been guilty of felony, the Court interposed, and said that there was no warrant for such a statement. Dr Kenealy said it was felony if a man appropriated his master's money and was not able to pay it back. Mr Justice Mellor said there was not a particle of evidence to warrant a charge of felony against Mr Gosford. Dr Kenealy, said, "I call it felony." The Lord Chief Justice replied, "Uou may call it felony but it is not." After some further discussion, the learned counsel, mentioning the sums paid by the prosecution to Mrs Hayley and other witnesses, asked what those who gave those largesses would not pay to witnesses to keep them out of the way of the defendant. The Lord Chief Justice said, " Really this is beyond all limits of propriety and decency, charging persons with the3e tilings without a tittle of evidence, making accusations by wholesale against every one. Everybody is supposed to be mixed up in some hedious system of corruption and iniquity. His lordship added that there was not the slightest foundation for the black imputation the learned council was making. On Wednesday, 9th December, during examination of the witnesses, the Lord Chief Justice remarked that the time of the court was being sadly wasted. Dr Kenealy replied, "That is a matter for the jury. Your lordship is perpetually insulting me from the bench ; I don't know why. " The Lord Chief Justice said warmly, "Don't, sir, use that language to me, because I will not bear it !" Mr Justice Lush said that it was not only the judgment of the Bench but of the jury that a great deal of time had needlessly been wasted in the cross-examination, and the jury concurred in this remark. Mr Justice Mellor said — " Dr Kenealy, I much regretted to hear what you said to the Lord Chief Justice, and for this simple reason — it is the first time I ever heard that a judge is not at liberty to interpose in such a cross-examination when the questions are reiterated so constantly." The Lord Chief Justice remarked that it was the opinion of the court " that it is the duty of a judge to interfere and protect the public against a waste of the public time, and it is not consistent with decency for a counsel to tell a judge that he insults him when he makes such an observation". Dr Kenealy replied that his opinion was not altered, and the Lord Chief Justice then said, "I ' can only say that during tho seventeen ' years I have been on this bench I have never had an unpleasant word with counsel until I had the misfortune to preside at this trial." Mr Hawkins remarked, "That is quite true," and the sentiment seemed to be echoed by the Bar. Dr Kenealy said he had done his best to avoid it. Mr Justice Lush remarked — " I can only add that I have heard your observations with astonishment, and that I think the offence is aggravated by having been committed by a gentleman holding the office of one of Her Majesty's counsels, who owes a special duty of obedience to Her ■ Majesty's Courts," Mr Justice Mellor said if such conduct was repeated at any other trial the administration of justice would be seriously impeded. I recollect (his lordship added) that when M. Berryer was in this country he expressed "the ] opinion that the good relations which subsisted here between the Bencli and the Bar were of inestimable value because they enabled the business to go on so smoothly, but those relations would be at - an end if the judge is to be treated not as , you have treated only my Lord Chief Justicebuteveryjudgeonthe Bench. DrKen- t aly: Becauselhavebeentreatedasnouwn- o sel has ever beeu treated before in West-minister-hall. The Lord Chief Justice : You have brought it down upon yourself. A counsel is not to be allowed to outrage „ decency and violate all the ordinary rules o£ propriety in the administration of justice without calling down the censure of - the Bench. A judge is wanting in his duty if he does not interpose when a coun- " sel so acts. Dr Kenealy : I would not complain if the censure were conveyed in different terms, but it has been conveyed in the most bitterly offensive language that could have been selected. The Lord Chief Justice then directed him to proceed with his cross- examiation. On the 16th of December, Dr Kenealy said it was extremely likely that Arthur Orton c was dead, and he suggested that the pro- J secution had neglected to call Charles Orton because they were aware that he f was cognizant of the fact ; and that they had also decided not to call the two sisters of Arthur Orton — Mrs Tredgett and Mrs Jury^— because they did not wish the jury 1 to have an opportunity of comparing their ( physical peculiarities with those of the < defendant. One of the jury asked Dr 1 Kenealy why he did not call them, and * the Lord Chief Justice remarked that he had been greatly surprised when the case of the defendant was closed without calling those witnesses. "Oh, gentlemen," exclaimed the learned counsel, "am I to Bhut my eyes to the fact that any amount of gold is ready in this case when witnesses are wanting ?" This observation drew down upon him a severe rebuke from the entire Bench, Mr Justice Lush remarking that, " after the experience of the lasb ten i days, he listened with astonishment to these imputations. We know nothing ' (added his lor J ship) to justify such charges against the public prosecutors, but ' we do know what kind of winesses have ( been brought here on the part of the de- j fendant."