Criminal case: Regina v. Castro.2C 1873.E2.80.9374 Tichborne case

1 criminal case: regina v. castro, 1873–74

1.1 judges , counsel
1.2 trial
1.3 summing-up, verdict , sentence

criminal case: regina v. castro, 1873–74
judges , counsel

the tichborne trial judges, left right: sir john mellor; sir alexander cockburn; sir robert lush

the criminal case, heard in queen s bench, listed regina v. castro, name castro being last uncontested alias of claimant. because of expected length, case scheduled trial @ bar , device allowed panel rather single judge hear it. president of panel sir alexander cockburn, lord chief justice. decision hear case controversial, since during civil case had publicly denounced claimant perjurer , slanderer. cockburn s co-judges sir john mellor , sir robert lush, both experienced queen s bench justices.

the prosecution team largely had opposed claimant in civil case, minus coleridge. hawkins led team, main assistants being charles bowen , james mathew, both future judges. claimant s team weaker; not reengage ballantine, , other civil case lawyers declined act him again. others refused case, possibly because knew have present evidence concerning seduction of katherine doughty. claimant s backers engaged edward kenealy, irish lawyer of acknowledged gifts known eccentricity. kenealy had featured in several prominent defences, including of poisoner william palmer , leaders of 1867 fenian rising. assisted undistinguished juniors: patrick macmahon, irish mp absent, , young , inexperienced cooper wyld. kenealy s task made more difficult when several of upper-class witnesses refused appear, perhaps afraid of ridicule anticipated crown s lawyers. other key witnesses civil case, including moore, baigent , lipscombe, likewise not give evidence @ criminal trial.

trial

a contemporary illustration of trial; hawkins addresses court

the trial, 1 of lengthiest cases heard in english court, began on 21 april 1873 , lasted until 28 february 1874, occupying 188 court days. tone dominated kenealy s confrontational style; personal attacks extended not witnesses bench , led frequent clashes cockburn. under legal rules applied criminal cases claimant, though present in court, not allowed testify. away court revelled in celebrity status; american writer mark twain, in london, attended event @ claimant present , thought him rather fine , stately figure . twain observed company educated men, men moving in society.... sir roger , sir roger on hands, no 1 withheld title .

altogether, hawkins called 215 witnesses, including numbers france, melipilla, australia , wapping, testified either claimant not roger tichborne or arthur orton. handwriting expert swore claimant s writing resembled orton s not roger tichborne s. entire story of rescue osprey was, hawkins asserted, fraud. ship of name had arrived in melbourne in july 1854 did not correspond claimant s description. furthermore, claimant had provided wrong name osprey s captain, , names gave 2 of osprey s crew found belong members of crew of middleton, ship had landed orton @ hobart. no mention of rescue had been found in osprey s log or in melbourne harbourmaster s records. giving evidence on contents of sealed packet, gosford revealed contained information regarding disposition of properties, nothing relating katherine doughty s seduction or pregnancy.

in painting frederick sargent, claimant can seen sitting in lower centre; behind him, kenealy has risen speak.

kenealy s defence claimant victim of conspiracy encompassed catholic church, government , legal establishment. sought demolish witnesses character, lord bellew, reputation destroyed revealing details of peer s adultery. kenealy s own witnesses included bogle , biddulph, remained steadfast, more sensational testimony came sailor called jean luie, claimed had been on osprey during rescue mission. luie identified claimant mr rogers , 1 of 6 survivors picked , taken melbourne. on investigation luie found impostor, former prisoner had been in england @ time of bella’s sinking. convicted of perjury , sentenced 7 years imprisonment.

summing-up, verdict , sentence

after closing addresses kenealy , hawkins, cockburn began summing-up on 29 january 1874. speech prefaced severe denunciation of kenealy s conduct, longest, severest , best merited rebuke ever administered bench member of bar according trial s chronicler john morse. tone of summing-up partisan, drawing jury s attention claimant s gross , astonishing ignorance of things know if roger tichborne. cockburn rejected claimant s version of sealed package contents , imputations against katherine doughty s honour. of cockburn s peroration, morse remarked never more resolute determination manifested [by judge] control result . while of press applauded cockburn s forthrightness, summing-up criticised niagara of condemnation rather impartial review.

the jury retired @ noon on saturday 28 february, , returned court within 30 minutes. verdict declared claimant not roger tichborne, had not seduced katherine doughty, , indeed arthur orton. convicted of perjury. jury added condemnation of kenealy s conduct during trial. after judges refused request address court, claimant sentenced 2 consecutive terms of 7 years imprisonment. kenealy s behaviour ended legal career; expelled oxford circuit mess , gray s inn, no longer practise. on 2 december 1874 lord chancellor revoked kenealy s patent queen s counsel.