Lapas attēli
PDF
ePub

cousin Roger's arm. They were a cross, an anchor, and a heart. She saw them on several occasions. On being asked whether she gave Roger a rosary which the plaintiff swore she had given to him, she answered, “No, it never belonged to me." She produced two locks of Roger's hair, which were inspected by the jury. There was not, she said, one word of truth in what the claimant had said of his intimacy with her; it was completely and absolutely false. Mrs. Radcliffe detailed the history of her relations with her consin, and mentioned certain presents given to her by Roger, among which was no such article as a gold crucifix, which the claimant had specified. On June 22, 1852, Roger left, having given her, on that day, a paper in which he promised to build a church to the Virgin if he married her within three years. She had never seen him since. "That," she repeated, "I solemnly swear." She then described minutely the appearance and habits of Roger Tichborne, and narrated her interview with the claimant, when he addressed her as "Lucy,” and Mrs. Townley, who accompanied her, as "Katie." She expressed herself as "perfectly certain " that the claimant was not her cousin Roger—an assertion which, after a rigid cross-examination, she again repeated with emphasis to Serjeant Ballantine. Mr. Henry Danby Seymour narrated his interview with the claimant. He had taken a former valet of Roger Tichborne to identify him, and the claimant hazarded the conjecture that it was his "uncle Nangle" -who was a very old man. This witness also expressed himself as having no hesitation in saying that the claimant was not Roger Tichborne. The evidence of the Chilian and Australian commissions was put in. Early in the day the Attorney-General withdrew some observations which he had made reflecting upon Mr. Rose, late one of the plaintiff's junior counsel, who was a son of a partner in the firm of Baxter, Rose, and Norton, and who had died very recently. Lady Catherine Doughty, mother of Mrs. Radcliffe, was then examined, chiefly in regard to the habits and disposition of her nephew and his attachment to her daughter. Lady Doughty stated that, having had an ample opportunity of watching the claimant's demeanour, she had formed a very decided judgment that he was not her nephew, and about this she had not the slightest doubt. There was at this point a discussion upon a demand by Mr. Giffard for the production of the draught proof of Lady Doughty's evidence, which was objected to by the Attorney-General. The Lord Chief Justice held that he had no power to order the production of the document. The conversation was enlivened by a little passage between Sir John Coleridge, who had spoken rather sharply to Mr. Pollard, and Serjeant Ballantine, who wished his junior to be protected from "rude observations." Lady Doughty's cross-examination was then resumed and concluded. In the midst of it there was a controversy upon the question whether some pocket-books of her ladyship had been put in evidence. It was terminated by the foreman of the jury declaring that the waste of time was "perfectly intolerable." Mrs. Nangle, sister to the late Sir Edward Doughty, was afterwards examined, and caused some amusement. When asked by Sir G. Honyman, "Is that (the claimant) your nephew ?" she emphatically exclaimed, "Gracious! no." She mimicked his mispronunciation of French, and said that when he got angry at being cross-examined, all the foreign accent departed from his speech, and "it was quite British." This witness was very positive as to the tattoo marks, and also as to the extreme unlikeness between the claimant and Roger Tichborne. M. Adrian Chatillon, tutor to Roger Tichborne for six years,

from 1834 or 1835, being consulted as to the identity of the claimant, said "Never Roger Tichborne-never, never!" and stated that, when he saw his former pupil in 1853, his French had in no way deteriorated. Jules Berraut, too, at one time an innkeeper at Lima, then servant to Roger Tichborne, and now describing himself as a merchant in Brazil, also repudiated the idea that the plaintiff was his former master. An intimation which many had for some time been expecting was made on Monday, the 4th March, by the jury. In the early part of the day M. Jules Berraut, one of Roger's servants, was recalled and cross-examined, and his evidence was followed by that of Madame Chatillon; Senor Deranza, who had known Roger from a child; Mr. Robert Mansfield, a landed proprietor in Hampshire; and the Abbé Salis, who had been acquainted with the Tichborne family for many years. The whole of these emphatically disputed the claimant's identity. At length, about halfpast two in the afternoon, the foreman of the jury rose and said that, having heard the evidence regarding the tattoo marks, subject to the Judge's correction, and to the hearing of anything which counsel might desire to place before them, the jury would not require any further evidence. Serjeant Ballantine at once asked for an adjournment until Wednesday, in order that he might have an opportunity of consulting with Mr. Giffard, who had left town for circuit. This, after some conversation between the learned counsel, the Chief Justice, and the Attorney-General, was agreed to.

Wednesday, the 6th of March, the 103rd day of the trial, witnessed the complete collapse of this extraordinary case, amid every sign of popular excitement. When the court opened, Serjeant Ballantine spoke of the declaration made by the jury on Monday as one which was not quite clear to his mind. Did the jury mean to convey that they had satisfied themselves solely upon that portion of the case which was known as the tattoo marks, or had they formed their opinion in relation to the evidence set forth in the entire case? The jury retired for half an hour, and on their return the foreman stated that their decision was based upon the entire evidence, as well as upon that which related to the tattooing. Serjeant Ballantine then elected to be nonsuited. The Judge expressed his concurrence in the finding of the jury, and, believing that the claimant had been guilty of wilful and corrupt perjury, directed him to be prosecuted at the Central Criminal Court. His Lordship fixed the bail at 50007. in the plaintiff's own recognizances, and two sureties of 25007. each, or four of 12507. each. The Attorney-General undertook that the prosecution should be at the public expense. A warrant for the claimant's apprehension was at once issued, and he was lodged in Newgate in the course of the afternoon. The Lord Chief Justice, before closing the court, took occasion warmly to compliment the jury, and, amid loud applause, to express his entire belief in the evidence of Mrs. Radcliffe. The subsequent chapters in the year's history of the Tichborne case may be briefly detailed.

On April 9th the grand jury at the Central Criminal Court returned a true bill against the claimant, entered on the records as Thomas Castro, otherwise Arthur Orton, otherwise Roger Charles Doughty Tichborne, Bart., for perjury and forgery. The averments of perjury contained in the indictment turn, first, upon the affidavits made by the prisoner in the Chancery suit; and, secondly, upon portions of his evidence on the trial in the Court of Common Pleas.

Mr. Montagu Williams appeared on this occasion for the prisoner, who was admitted to bail by the Court of Queen's Bench on the 23rd April. The Attorney-General and Mr. Archibald opposed the bail: Mr. Serjeant Ballantine, Mr. Giffard, Q.C., and Mr. Montagu Williams, supported it.

The trial of the claimant was fixed for the November term. When that time arrived, however, it was found that the length of time that the trial must be expected to occupy must give rise to serious considerations as to the best means of disposing of it. On the 23rd of November, in the Court of Queen's Bench, the Attorney-General, with whom was Mr. Brown, claimed his right to have the case brought to a trial at bar, to which Mr. Serjeant Sleigh, who (now with Mr. Horace Brown) appeared for the claimant, consented; and the application was accordingly granted.

In connexion with the case of the Rev. Charles Voysey, reported among the remarkable trials last year, and mentioned also in the "Chronicle," we are anxious to correct an error into which we inadvertently fell. At page 16 of the "Chronicle" is printed a letter from Mr. Voysey to the Registrar of the Privy Council, which from the twelfth line of the letter should have run thus: "The rejection of my appeal, for which I was quite prepared, I acquiesce in as just, knowing that nine-tenths of the clergy might, with equal justice, be condemned; but I was certainly not prepared to find myself condemned without any reply to my arguments, and almost without any attempt to furnish the reasons on which that condemnation was based." The italicized words were omitted in the report of this letter which appeared in the Times, in copying from which we copied the error.

APPENDIX.

PUBLIC DOCUMENTS AND STATE PAPERS.

I.

THE TREATY OF COMMERCE.

HER Majesty the Queen of the United Kingdom of Great Britain and Ireland and his Excellency the President of the French Republic, being equally animated with the desire to draw closer the ties of friendship which unite their two countries, and being desirous of placing on a perinanent and satisfactory footing the commercial relations between the two States, have determined to conclude a Treaty of Commerce and Navigation, which shall be substituted for the Treaty and Conventions of the 23rd of January and 12th of October and 16th of November, 1860, and they have accordingly appointed as their respective Plenipotentiaries for that purpose; that is to say, &c. :

ARTICLE I.

The subjects of her Britannic Majesty who dwell either temporarily or permanently in France and in French Possessions, and the subjects of France who dwell either temporarily or permanently in the dominions or possessions of her Britannic Majesty, shall enjoy therein, in respect to their residence in the territories of the other State and the exercise of commerce and trades, the same rights as, and be subjected to no higher or other taxes than, native subjects or the subjects of any third country the most favoured in those respects.

ARTICLE II.

The President of the French Republic having represented to her Majesty the Queen of the United Kingdom of Great Britain and Ireland that the financial necessities of France imperatively require

the imposition of new taxes in that country, and the modification for that purpose of the stipulations in regard to Tariffs of the Treaty of the 23rd of January, 1860, and of the Supplementary Conventions of the 12th of October and 16th of November of the same year, her Majesty, in a spirit of friendship towards France, consents to such modifi cation subject to the conditions specified either in this or in other Articles of the present Treaty.

The High Contracting Parties guarantee to each other the treatment of the mostfavoured nation: that is to say, from the 1st of December, 1872, no duties shall be imposed either in France or in Algeria on goods the produce or manufacture of the United Kingdom or of British Possessions higher than the duties imposed on the like goods the produce or manufacture of any other foreign country, whether within or beyond Europe; and no duties shall be imposed in the United Kingdom on goods the produce or manufacture of France or French Possessions higher than the duties imposed on the like goods the produce or manufacture of any other foreign country, whether within or beyond Europe; and any favour, immunity, privilege, or reduction of duty whatsoever (other than those in regard to which a special exception is hereinafter made) in matters relating to the commerce of the United Kingdom or of France and Algeria respectively, which has been, or maybe, conceded by either Party to any third Power whatsoever, whether within or beyond Europe, shall be extended, immediately and unconditionally, to the other Contracting Party.

It is agreed, however, that, from the 1st of December next, if the ratifications of the present Treaty and the Protocol annexed thereto shall have been exchanged before that date, and if not, from the date of such ratifications being exchanged, the duties specified in Annex I. may be levied until the 31st of December, 1876, on goods the produce or manufac-. ture of the United Kingdom, or of British Possessions imported into France or Algeria.

It is also agreeed between the High Contracting Powers—

1st. That, as long as the Treaties concluded by France with other Powers shall not be modified, these duties shall, during the above-mentioned period, be the maximum duties which may be levied on goods the produce or manufacture of the United Kingdom or of British Possessions on their importation into France or Algeria.

2nd. That the difference, as against such goods, of the duties therein specified shall not be increased relatively to the duties on the like goods now levied under Treaties existing between France and any third Power.

3rd. That, except as specially provided in the third paragraph of this Article, the Tariffs annexed to the Treaty and Conventions of 1860 above-mentioned, shall remain in force until the 15th of March, 1873.

4th. That any reduction of duties which has been or may hereafter be granted by France to any third Power, whether within or beyond Europe, shall be immediately and unconditionally extended to Great Britain; and, reciprocally, that any reduction of duties which has been or may hereafter be granted by Great Britain to any third Power, whether within or beyond Europe, shall be immediately and unconditionally extended to France; and that no increase shall be made by Great Britain in the duties imposed by the Tariff now in force in the United Kingdom, of which a copy forms Annex II. to the present Treaty, upon goods the produce or manufacture of France or of any French Possession which shall not equally be made with respect to goods of the same nature the produce or manufacture of any other country.

5th. That hereafter British ships and their cargoes shall, in France and Algeria, and French ships and their cargoes shall, in the United Kingdom of Great Britain and Ireland, from whatever place arriv ing, and whatever may be the places of origin or destination of their cargoes, be treated in every respect as national ships and their cargoes.

The coasting trade, however, is excepted from the preceding stipulation, and remains subject to the respective laws of the two countries.

ARTICLE III.

The transit of goods to and from the United Kingdom shall be free from all transit duties in France and Algeria, and the transit of goods to and from France and Algeria shall be free from all transit duties in the United Kingdom.

ARTICLE IV.

No prohibition of importation or exportation shall be established by either of the High Contracting Powers against the other, which shall not at the same time be applicable to all other foreign nations whatsoever except, however, temporary prohibitions or restrictions which either Government may think it necessary to impose in regard to contraband of war or for sanitary purposes.

ARTICLE V.

If one of the High Contracting Powers shall impose an excise tax or inland duty upon any article of home production or manufacture, an equivalent compensatory duty may be imposed on articles of the same description on their importation from the territories of the other Power, provided that the said equivalent duty is levied on the like articles on their all importation from other foreign

countries.

But no compensatory duty shall be leviable in respect of a Customs duty on raw materials or other produce or goods imported from abroad.

In the event of the reduction or abolition of any such excise tax or inland duty, a reduction corresponding in amount shall at the same time be made in the equivalent compensatory import duty on manufactures.

ARTICLE VI.

Duties ad valorem payable in France or Algeria shall be calculated on the value at the place of production or fabrication of the article imported, with the addition of the cost of transport, insurance, and commission necessary for the importation into France or Algeria as far as the port of discharge.

For the levying of these duties, the importer shall make a written declaration at

« iepriekšējāTurpināt »