LONDON.

Otago Witness, Issue 1161, 28 February 1874, Page 8

LONDON.

(FROM OtJJB OWN CORRESPONDENT.) December 24th. THE TICHBORNE TRIAL.

December sth.— The trial of the Tichborne Claimant for perjury was resumed in the Court of Queen's Bench on Thursday last week, when Mr Purcell, Q.C., who had made a journey to New York for the purpose of testing the credibility of Jean Luie was the first witness called. Mr Purcell, after ascertaining that Station Island, at which the Osprey was alleged to have loaded, was within the New York division, searched the records of the New York Custom House during the years of 1853 and 1854, but could find neither the arrival nor the departure of such a vessel. In the pilotage books of New Jersey there was no record of an Osprey. Mr Purcell next examined the registers of tho Treasury department at Washington, and found only one Osprey— Captain M'Combie's. He stated the result of his search in the crew lists of the vessels Luio said he hud sailed with. No name of the kind occurred in them. Other witnesses spoko to the same point. M"Combie, of the Now Bedford Osprey, knew nothing of Luie, and never picked up a shipwrecked crew. Evidence was also given that no passenger named Luie come over from Ostend on the night named by him. This closed the rebutting case ; and Dr Kenealy applied for time for surrebutting evidence, but the Court refused the application. On Monday a sbipbroker in the city aud four of his clerks testified that in March last Luie professed to charter to them a vessel, of which he said lie was the master, lut the name of which they could not find on the lists, which he explained by saying that ifc had changed its name. It was, ho saiil, lying at apoitin Cornwall, and on signing the charter he asked for a loan of £20, but on telegraphing to Lloyd's agent there, it was found that there was no ship, and the police, after ascertaining where Luie lodged, which, it was said, was at a low coffee -house in Whitechapel, threatened to give him in chaige for tiying to obtain money under false pretences. They did not see him again to .speak to till seeing his photograph in a shop window they recognized il, and when they came to see him they recognized the man himself as the person they had the business with. This evidence having been given, Luie was re-called and swore that he had never seen any of the witnesses. Subsequently the Lonl Chief Justice, after consulting with his brethren, said the Court felt it incumbent upon them to hold Luie to bail to answer a charge of perjury in case the jury should ultimately disbelieve liis testimony. Beside Luie's own recognizance, the Court required two persons_to enter into recognizances in the sum of JtlloU each. These not being immediately forthcoming, Luie was allowed to go on Mr Wlialley becoming responsible for his attendance on the following morning. As satisfactory bail was not tendered during the day, Luie was removed in custody to Hollo way C'ifcy Prison. On Tuesday Dr Kenealy commenced bis address for the defence. He began by invoking Almighty God to endue the juiy with the l'ght which is His own essential attribute, that they might not be misled in the least degree from the glorious path of sunbright rectitude. He proceeded to show that the prosecution was excepted from bis prayer by charging ifc not only with perjury and forgery, but with adding bribery to the list of its enormities. Tho Lord Chief Justice observed that tins was a reflection on the Court and on Dr lOneuly himself in not having asked protection for his client. In complaining of the treatment his witnesses had received from Mr Hawkins, Dr Kenealy alleged that in the scales of justice, one noblo carabineer would outweigh two noble loids. A new view was taken of tho development of Roger Tichborne into tho defendant. Thoy were no w represented as the antipodes of eacli other. The misoiablo Roger, ifc was declared, could never have gone through what tbis man bad done. The Government did not eseapo con.sui'o as partisans in tho great Popish plot to keep tho heir of Tichborno out of his estatos, which in less than twenty years would be worth twenty thousand a year. One Cabinet Minister had been put into tho box to swear recklessly and rashly what every one now must know was untrue. Another Cabinet Minister bad conferred a fat appointment on a witness. Dr Kenealy's denunciations have beon couched in such language that the Lord Chief Justice has informed him thai, his langua<*o was, if not blasphemous, most indecorous and impropor, and that siich expressions should not be used in Court.

Decombev 12fch. — During this week the attention of the Court in tho Tichborno case has been given to the bearing of witnesses, who have testified to the antecedents of Jean Luie, the alleged stewa id of the Osprey, alias Carl Poter Lundgren, alius John Lundgren, alias Captain Strom, alias Landbeg, alias Sorrenson, alias Safstrow, alian Grundlum. Never hns the Court been so packed as it was on Monday, when Luie was identified as a returned convict. Tho greater part of the witnesses gave evidence of frauds committed or attempted to be committed. During the year that Luio stated he was enjoyiug a holiday, yachting about Hobson's Bay with his wealthy friend Maocarthy, of Melbourne, ho wns sentenced at Newcastle Sessions to six months' imprisonment with hard labour, for n fraud. The record of this conviction was vead, and it was in consequent of this fraud being provod that ho was sentenced ut Cardiff in 1867 to seven year?' penal servitude when cpnvioted of

a similar offence. The career of Jean Luie was traced from 1851 by various witnesses as a clerk at Cardiff and Bristol, then subsiding into a runner, and finally getting into the hands of the police. Several warders from Chatham convict prison deposed to the circumstances under which he served his last sentence there, and the manner of his return to the world in 1873. The last witness examined caused great sensation in Court. Her evidence was as follows :— I was the daughter of W". Colborn, of Milksham, builder. In 1854 some friends of mine kept the Scandinavian Hotel at Cardiff, and I was on a visit to them. It was just before Christinas, 1854. 1 then made the acquaintance of a person named Peter Lundgren, and I was afterwards married to him. Our wedding took place at Milksham on the 2nd of April, 1855. I remember my husband being afterwards in prison. On his release I lived with him again for five sveeks, and at the end of that time he left me. I bade him good-bj'e at Beading station to go to my father's at Milksham, - He said he was going to Liverpool. I received a letter from him dated Queenstown, but I have lost it. I replied to it, and I have never heard from him again." When asked " if she had seen her husband lately/ she replied, "I see him there now " (Luie). At the close of the day's proceedings on Wednesday arose one of those altercations between the Bar aud the Bench for which this trial has been so remarkable. In this instance the storm arose upon an objection taken by the Lord Chief Justice to a line of cross-examination whicb Dr Kenealy was pursuing. One can hardly abridge the scene that ensued, which was somewhat as follows :_ — Dr Kenealy : Your Lordship is perpetually insulting me, and I don't know why. Lord Chief Justice : Don't use such language to me, sir ; I will not bear it. For seventeen years I have sat on the Bench, and I never bad during the whole of that time, an unpleasant word with counsel— (exclamations of assent from the Bar)— before I had the misfortune to preside on this trial. — (Applause.) Dr K. : I have done all I coukl to avoid it.— (Cries of '' Oh, oh.") Lord C. Justice: This is the most daring assertion I have heard yet. Mr Justice Lush : When I first heard what I have heard from Dr Kenealy, I did so with astonishment— that any member of the Bar should have so conducted himself, aud I must say that I think it is aggravated from the fact that you arc a Queen's Counsel, who owes special obedience to Her Majesty's Court, and who ought to set an example to others. Dr K. : I have borne what no other Queen's Counsel in Westminster Hall has been subjected to. Lord. C. J. : Because you brought it upon yourself. Mr Justice Mellor : And if repeated on another trial, the administration of justice will be seriously impeded. The opinion of the celebrated M. Bevrycr, when he came toLoudon, was that the relations that existed in tbis country betweon the Bench and the Bar were inestimable in point of value, because the business went on so smoothly ; but it cannot in future, if the Judges are to be treated as you have more than once treated the Lord Chief Justice and the other Judges on the Bench. Dr K. : I have never before been so treated by any Judge as I have been during this trial. Lord C. J. : You have brought ifc on yourself, and you cannot be allowed to violate every principle aud rale of propriety and not bring clown upon yourself the censure of the Bench, aud a Judgo would be wanting in his duty to allow it to pas 3 unnoticed. Dr K. : If it is your duty to do so, ifc should be done in different terms.' What you have conveyed to me has been conveyed in the most bitter language that could be selected. — ("Oh, oh.") That is my opinion, and I can't alter it. The Lord C. J. : Very well, then, let us go on.

December 19th. —The interest in the case has greatly abated since the committal of Luie for pcijury. Dr Kenealy continues speaking in his old .abusive manner, and complains continually of the tieatinent which his client receives, also of the prejudice created by means of caricatures, aud newspapers. Dr Kenealy observed tbnt the jury bad had to try three substantial issues— First, Is the defendant Orfcon ? Secondly, Is he Tichborno ? And thirdly. Did he seduce Miss Doughty? Dr Kenealy then turned to the Orton question, and, contending that it was extremely likely that Arthur Orton was dead, suggested that the prosecution had neglected to call Charles Orton, because they were awave that he was cognisant of that fact; and that they had also decided not to call the two sisteis of Aifchur Orton— Mrs Tredgett and Mrs Jury— because they did not wish the Jury to have an opportunity of comparing their physical peculiarities with those of the defendant. The Lord Chief Justice, however, observed upon this that all these persons had identified themselves with the cause of the defendant, who had admitted allowing them money, and that hence he " should have been much surprised if Mr Hawkins had called them." A juryman then enquired of Dr Konenly why he hml not called them, and the Lord Chief Justice remarked that ho had been greatly .surprised that the case for the defence was closed without calling those witnesses. "Oh, geutlenion," exclaimed the learned counsel, "am I to shut my eyes to the fact, limb any amount of gold is reaily iii this c.isc when witnesses aro wanting? -in observation which drew down upon him a seve.ro rebuke from the ontiro Bench. Subsequently, tho learned gentleman gave as an _ additional reason for not calling tho Orton sisters, that ho believed them to have givon information to tho prosecution, and that they might havo hesitated in the witness-box when asked, if the defendant is their brother. Such hesitation, however produced, would have been fatal to the cause of his client. Ho also reviewod at conrdemble length the conduct of the defendant, in going to Wapping on the very night of his returu, and his assuming on that occasion the name and character of Stephen, " a reporter for an Australian papor." "Why he gave them money," he continued, "or why he took interest in this wretched family, Heaven only knows," and argued that the folly of his client's conduct in visiting Wapping, allowing money to the sisters and nrothor of Arthur Orton, sending them portraits of his own wife and child as portraits of Arthur's wife and child, and in other matters exhibited "n degree of absurdity which, in itself, showed an absence of wilfulness ami deliberation not to be accounted for." At Bow street, a little before upon on Tuesday, Jean Luie, alias Charles or John Lundgron, wns charged with failing to comply with the terms of tho license upon which ho wns liberated from prison on ticket-of-leavo. The revocation of the ficuTiso was read :■—" Whereas Her Majesty wan graciously pleased to grant, on the 28th day of .February, 1873, to John or Charles Lundgrep, who was convicted of obtaining money by false

pretences at the Quarter Sessions holden &v Swansea, for the County of Glamorgan, on the 13th day of October, 1867, and was then sentenced to be kept m penal servitude for a teria of seven years, Her Royal license to be at large during the remaining portion of his said term of penal servitude, unless it should please Her Majesty to revoke or alter such license. Her Majesty is now pleased to revoke the said license so granted to John or Charles Lundgren as aforesaid, and doth hereby revoke the said license.— (Signed) Robebt Lowe." When asked if he had any statement to make, the prisoner said all that be had to say was that he was sorry for what had happened. It would not have happened if he had not been encouraged, and made up to do what he had done ; and that was all he wished to say for the present. He was tbcu ein.iiuii.ted to the Convict Prison at Pentonville, to undergo the remainder of his sentence.

December 24th. — The Court last met on the 19th, but Dr Kenealy was absent, being too unwell to continue his address to the Jury. Mr Cooper Wyld, his junior counsel, applied therefore for an adjournment, which after some discussion was agreed upon. The Lord Chief Justice, in granting this application, said to Mr Wyld — " We think it right to say, however — and this will of course reach Dr Kerealy — that considering the length of his former address — twenty-one working days, and that he has now been speaking for ten days, during a considerable portion of which, I must say, he has been going over the same ground — we are of opinion that there must be some limit, on our re-assembling, to the address of counsel. We certainly do expect that another week will bring Dr Kenealy's speech to a close."

A PEACE BANQUET.

A banquet has been given at the Grand Hotel, Paris, to Mr Richard, M.P., by the Society of the Friends of Peace. M. Renouard, thG Procu-rator-General of the OoiirL of Cassation, was in the chair. M. Frederic Passy proposed Mr Richard's health, and made a speech in which he mentioned the services rendered by Mr Richard to the cause of peace. Mr Richard, in reply, explained the objects aimed at by the Friends of Peace, which were to obtain a codification of International Law, and a system of International arbitration. He alluded to the motion brought forward in this sense in 1819 by Richard Cobden — a motion which failed, but which was identical in spirit with the one brought forward by Mr Richards on the Bth of July last. Mr Richards added that > in order to hasten the realisation of this proposition, he conceived the idea of journeying through Europe, in order that he might judge whether the opinion expressed by Mr Gladstone was well-founded, and that he might propagate his views. During the last three months he had visited several European States, and had everywhere met with the most friendly welcome. He reminded his hearers of ideas that had been accomplished, notwithstanding that they had been described as Utopian. The speech was loudly cheered. M. Pressensc proposed a toast to America and England, and stated that as two such practical nations had sel the example of settling a disagreement by means of arbitration, it was hoped that other couutries would in future do likewise.

WELCOME TO SIR S. AND LADY BAKER.

There was a crowded meeting of the members of the Royal Geographical Society on the Bth in the theatre of the London University to welcome Sir Samuel and Lady Baker on their return from Central Africa. Their Royal Highnesses the Prince of Wales and the Duke of Edinburgh were present, also the Lord Chancellor, Lord Houghton, Sir Harry Rawlinson, and many other distinguished persons. _ Sir Samuel Baker gave a brief narrative of his adventures. He said that he was afraid a Turk might be appointed to his post on his leaving, but he was happy to say that the Khedive had placed an English officer (Colonel Gordon, RE.) in his room. The Prince of Wales then spoke, and gave a few words of welcome to Sir S. Baker, aud at tho same time expressed his belief in the honesty of tho Khedive's intentions.

THE BALDACCHINO QUESTTON.

St. Barnabas, Pimlico, is not to have a baldacchino. Presuming that my readers are acquainted with the nature of a baldacchino, or that they at all events know that it is a covering over the Communion Table, they will be able to understand and appreciate the significance of the judgment delivoied by Dr Tristram, the Chancellor of the Diocese of London. After listening to the learned arguments of Dr Stephens and Mr W. Phillimore, the Chancellor, having regard to the judgments of the Privy Council, in the JVTackonochie and Liddell cases, decided that the proposed ornament did not come within the rubric of 1622. Now, perhaps the erection of a canopy is a small matter in itself, but it is here the symbol of much. It is one of the few ornaments which have hitherto been regarded as almost exclusively Catholic, and the decision of the Chancellor is therefore not devoid of importance or principle.

THE NEW LONDON HOttQOL HOARD.

This Board is largely composod of churchmen, clergymen, tho friends of denominational education, nnd tho hiilcis of high rates. It is a Board in which Mr Bright's views as opposed to those of Mr Forstcr, have, ifc may be said, no place ; it is a Board which will harden Mr Forster's resolve to stand still upon tho linos of the Education. Act, and it contains fewer distinguished personages than that elected in 1 870. The Board contains nine officiating clergyman of the Chuvch of England, and three others more or less connected with education. With one or two exceptions they are all in favour of denominational education. It also comprises seven nonconformist ministers, most of whom are in favour of undenominational education. There are two " working men," Mr Lucraft and Mr George Potter, and there are two ladies, one of whom is in favour of unsectanan education. How will the opposing elements work together

MR ARCH.

Mr Aroh was entertained on the 16th at a soiree, to welcome him on his return from Canada, and to congratulate him on the success of his mission, and wish him success in his future efforts on behalf of the agricultural labourer. Mr J. C. Cox, of Derby, nnd the Eev. Llewelyn Davies were among the speakers, and the latter regretted tho attitude of the clergy in this movement.

A gold pen has been presented to tho Pope by the Catholic soldiers in the garrison of Malta. The Pope hopea soon to announce with, ifc the trjtamph of the Church,