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Parry, you and I had been Solicitor and Attorney
General, in the circumstances what should we have
done ?'

' Plunged the country into a bloody war before now,
I dare say,' said Parry, elevating his eyebrows and
wig at the same time.

I confess when I undertook the responsibility of this
great trial I was not aware of the immense labour
and responsibility it would involve ; nor do I believe
anyone had the smallest notion of the magnitude of
the task.

Instead of the work diminishing as we proceeded, it
increased day by day and week by week ; one set of
witnesses entailed the calling of another set. The
case grew in difficulty and extent. It seemed abso-
lutely endless and hopeless.

Within a few weeks of the start, a necessity arose
for procuring the testimony of a witness from Australia,
a matter of months ; and the trial being a criminal
one, the defendant was entitled to have the case for
the prosecution concluded within a reasonable time.
If we had no evidence it was to his advantage, and
we had no right to detain him for a year while we
were trying to obtain it.

However, the Australian evidence came in time.
Numbers of witnesses had to be called who not only
were not in our brief, but were never dreamed o
For instance, there was the Danish perjurer Louie,
who swore he picked up the defendant at sea when
the Bella went down.



314 HENRY HAWKINS, Q.C.

Instead of this man going away after he had given
his evidence, he remained until two gentlemen from
the City, seeing his portrait in the Stereoscopic Com-
pany's window in Regent Street, identified him as a
dishonest servant of theirs, who was undergoing a
sentence of penal servitude at the time he swore
he picked Eoger up. He received five years' penal
servitude for his evidence.

I had pledged myself to the task, which extended
over many months more than I ever anticipated. At
every sacrifice, however, I was bound to devote myself
to the case, and did so, although I had to relinquish a
very large portion of my professional income.

What made things worse, there was not only no
effort made to curtail the business, but advantage
was taken of every circumstance to prolong it. The
longer it was dragged out the better chance there
was of an acquittal. Had a juryman died after
months of the trial had passed, the Government must
have abandoned the prosecution. It would have been
impossible to commence again. This was the last hope
of the defence.

[The trial before Bovill ended at last, as it ought
to have done months before, in a verdict for the
defendants and the order for the prosecution of the
Claimant for perjury. It was this prosecution that
occupied the attention of the court and of the
world for 188 days, extending over portions of two
years.

There is no doubt that Coleridge would a second
time have deprived the country of Mr. Hawkins'
services, and, as Attorney- General, have kept him
out of the case, but higher influences than his pre-
vailed, and the distinguished counsel was appointed



PEOSECUTION FOR PERJURY ORDERED 315

to lead for the Crown, with Mr. Serjeant Parry as
his leading junior. It is not too much to say that no
one knew the case so well as Mr. Hawkins and
none could have done it so well. Bowen and
Mat hews were his juniors.]



CHAPTER XXXVI

THE TICHBORNE CASE continued

[THE whole case, from the commencement of the
Chancery proceedings down to the commencement
of this trial, had been a comedy of blunders. The
very claim was an absurdity, every step in the great
fraud was an absurdity, and every proceeding had
some ridiculous absurdity to accompany it. It was not
until the cross-examination of Baigent by Mr. Hawkins
that the undoubted truth began to appear.

c You are the first/ said Baron Bramwell, ' who has
let daylight into the case ' ; and I think it should
be shown as clearly as words can do it the simple
story Mr. Hawkins evolved from the lies and half-
truths which had for so many years imposed upon
a great number even of the intelligent and educated
classes of the community. And I would observe that
until nearly the end of the trial the case was never
safe or quite free from doubt ; it was only what was
elicited by Mr. Hawkins that made it so. No wonder
the advocate said to Giffard, who was opposed to him
on the first trial : ' If you and I had been together
in that case in the first instance, we should have won
it for the Claimant. Being on the other side, this is
how the case stood when he had completed it :

The real heir to the family was a fairly well-formed,
slender youth of medium height. The personator of
this youth was a man an inch and a half or two inches
316



THE TICHBORNE ROMANCE 317

taller, and weighing five -and -twenty stone. His
hands were a great deal larger than those of Roger,
and at least an inch longer ; his feet were an inch
and a half longer. He was broader, deeper, thicker,
and altogether of a different build. The lobes of his
ears, instead of being pendant like Roger's, adhered to
his cheeks. But he was not more unlike in physical
outline than in mental endowment, taste, character,
pursuits and sentiment, in manners and habits, in
culture and education, connection and recollection.

Roger had been educated at Stonyhurst, with the
education of a gentleman ; this man had never had
any education at all. Roger had moved in the best
English society ; this man amongst slaughtermen,
bushrangers, thieves, and highwaymen. Roger had
been engaged to a young lady, his cousin, Kate
Doughty ; this man had been engaged to a young
woman of Wapping, of the name of Mary Ann
Loader, a respectable girl in his own sphere of
life.

Roger's engagement to this young lady, his cousin,
was disapproved of by the Tichborne family, and was
the cause of his leaving England. But before he went
he gave her a writing, and deposited a copy of it with
Mr. Gosford, the legal adviser of the family.

This document was one of the most important
incidents in the history of the case, and upon it,
if the cross-examination had been conducted by
Mr. Hawkins in Chancery, the case would have been
crushed at the outset. It is not my task to show how,
but to state what it all came to when Mr. Hawkins
left it to the jury to say whether the claimant was
the Roger Tichborne he had sworn himself to be,
or 'whether he was Arthur Orton, the butcher of
Wapping, whom he swore he was not.

This document forms the subject of the 'sealed
packet ' left with Mr. Gosford, and contained in effect
these words : ' If God spares me to return and marry



318 HENEY HAWKINS, Q.C.

my beloved Kate within a year, I promise to build a
church and dedicate it to my patron saint/

Till his cross-examination in Chancery he had never
heard of this packet, and he was so informed of it that
his solicitor demanded a copy. Gosford had destroyed
the original, and of course there was no end of capital
out of it, a concocted original was made, which was to
the effect that this gentleman, ' so like Roger,' as
Mr. Hawkins so often said, had seduced his cousin,
and that if she proved to be enceinte, Gosford was to
take care of her. Luckily ' Kate Doughty ' had her
original preserved with sacred affection. But such
was the memory of this man's early life, contrasted
with what would have been the real memory of Sir
Roger Tichborne.

He did not recollect being at Stonyhurst ; he said
positively he was at Winchester, where certainly Roger
never was. He could not remember his mother's
Christian names, and could not write his own.

He came to England to see his mother, and then
would not go to her ; she went to see him, and he got
on the bed and turned his face to the wall. She did
not see his face, but recognised him by his ears, because
they were like his uncle's ; then ordered the servant to
undo his braces for fear he should choke.

Such a piece as this on the stage would not have
lasted one night ; in real life it had a run for many
years. But then there never was a rogue that some
fool would not believe in. How else was it possible
that millions believed in this man, who had forgotten
the religion he had been brought up in, and was
married by a Wesleyan minister at a Wesley an church,
he being, as his mother informed him, a strict Roman
Catholic from his birth ? However, he did his best to
reform his error by getting married again by a Roman
priest, although he made another blunder, and for-
getting he was Sir Roger Tichborne, married as Arthur
Orton, the son of the Wapping butcher. When his



BLESSED MAEIA AND 'BLACK MAEIA ' 319

dear mother reminded him of his being a Catholic, he
wrote and thanked her for the information, and hoped
the Blessed Maria would take care of her for evermore,
little dreaming that the ' Black Maria ' would one day
take particularly good care of himself.

So that he forgot the place of his birth, the seat of
his ancestors, the friends of his youth, the face, features
and form of his mother, his education and religion, his
brother officers in the regiment, the regiment itself,
and the position he occupied, thinking he had been
a private for fifteen days instead of a painstaking,
studious, diligent officer, who was beloved by his
fellows. He had forgotten all his neighbours, servants,
dependants, his family solicitor, who made his will and
was appointed his executor ; he forgot his life in Paris,
the village church of his own ancestral seat nay, the
ancestral seat itself and the very road that led to it.
He forgot his old friend and historian, who swore he
had never altered the least in appearance since Roger
left historian and picture-cleaner to the family. In
short, there was not one single thing in the life of
Roger that he knew. He forgot what any but a born
fool would remember while he was in poverty and
bankruptcy for a couple of hundred pounds : the real
Roger had written home on hearing of the death of
his uncle, from whom he derived his title and estates,
saying ' Pray go to Messrs. Glyn's and exchange my
letter of credit for 2,000 for three years, for one for
3,000.'

Imagine a man forgetting he had 3,000 a year and
an estate in England worth 30,000, and earning his
bread in a slaughter-house and in the Bush, borrowing
money from a poor woman and running away with it.

But now another singular thing stamps this frau-
dulent impostor who makes so many believe in him. He,
alleged by his supporters to be Sir Roger Tichborne ;
recollected all about a place that he had never been to,
people he had never heard of, far less seen ; events that



320 HENEY HAWKINS, Q.C.

he could not know and which never happened to him,
but did happen to Arthur Orton. He knew Wapping
well every inch of it ; Old Charles Orton, the father
of Arthur ; Charles Orton the brother, the sisters, the
people who kept this shop and that ; so that when on
his return to England he went to the Wapping seat of
his ancestors instead of Ashford : he asked all about
them, and reminded them so faithfully of the little
events of Arthur's boyhood, and resembled that person
so much in the face that they said, ' Why, you are
Arthur Orton yourself !' True, he paid some of them
to swear he was not, but the impression remained.

Mr. Hawkins told the jury how he picked up his
second-hand knowledge of the things he spoke about
concerning the Tichbornes, for it was necessary to be
able to answer a good many questions wherever he
went, especially when he went into the witness-box.

There was an old black servant, quite black, who
had been a valet in the Tichborne family. His name
was Bogle, and the Claimant was told by the poor
old dowager that if he could meet with him, Bogle
could tell him a good many things about himself.

Bogle was an excellent diplomatist, and no sooner
heard from Lady Tichborne that her son Roger was in
Australia than the two began to look for one another,
the one as black inside as the other was out. Bogle
announced that he was the man before he saw him, on
the mother's recommendation, and became and was to
the end one of his principal supporters, so much so
that ' Old Bogle ' spread the Claimant's knowledge
of the Tichbornes abroad, and, like everybody else,
believed in him because he knew so much which he
could not have known unless he had been the veritable
Roger, all which Bogle had told him.

But in the interests of justice, ' Old Bogle ' and
Mr. Hawkins became acquainted, much to the advan-
tage of the latter, as he happened to meet Bogle in the
witness-box, a place where Mr. Hawkins unravelled



HAWKINS AND BOGLE 321

the trickster's most subtle of designs. The- advocate
fairly liked ' Old Bogle/ as he called him," because,
said he, Bogle having white hair, was so like a
malacca cane with a silver knob, white at the top and
black below.

Bogle had sworn that Roger had no tattoo marks
when he left England. In point of fact he had. But
Bogle had to fit him to the Claimant who had had
tattoo marks of a very different kind from those of
Roger's. The Claimant had removed his, and therefore
was presented to the court without any. Mr. Hawkins
was not content, like the Chancery barrister, with
saying, ' You swear Roger had no tattoo marks ?
Very well, let me take that down,' but addressed him
as follows :

' How do you know Roger had no tattoo marks ?'

' I saw his arms on three occasions.' This was a
serious answer for Bogle.

' When and where, and under what circumstances ?
followed in quick succession, so that there was no
escape, and the witness said that Roger had on a pair
of black trousers tied round the waist, and his shirt
buttoned up.

' The sleeves, how were they ?'

' Loose.'

' How came you to see his naked arms ?'

' He was rubbing one of them like this.'

' What did he rub for ?'



' I thought he'd got a flea.'
' Did you see it ?



you

' No, of course.'
' Where was it ?'
' Just there.'
' What time was this ?'
' Ten minutes past eleven.'
' That's the first occasion ; come to the second.'
' Just the same,' says Bogle.
' Same time ?'
VOL. i. 21



322 HENEY HAWKINS, Q.C.

'Yes.'

' Did he always put his hand inside his sleeve to rub ?'
' I don't know.'
' But I want to know.'

' If your shirt was unbuttoned, Mr. Hawkins, and
you was rubbin' your arm, you would draw up your



' Never mind what I should do ; I want to know
what you saw.'

' The same as before,' answers Bogle angrily.

'A flea?'

' I suppose.'

' But did you see him, Bogle ?'

' I told you, Mr. Hawkins, I did not.'

' Excuse me, that was on the first occasion.'

' Well, this was the same.'

' Same flea ?'

' I suppose.'

' Same time ten minutes past eleven ?'

'Yes.'

' Then all I can say is, he must have been a very
punctual old flea.'

Exit Bogle, and with him his evidence.

After the trial had been proceeding for some time,
Baigent was giving evidence of the family pedigree.

Honeyman whispered, ' We might as well have the
first chapter of Genesis and read that.'

' Genesis !' said Hawkins ; ' I want to get to the last
chapter of Revelation.'

One day Mr. J. L. Toole came in, and was invited
to sit next to Mr. Hawkins, which he did.

At the adjournment for luncheon the Claimant
muttered as they passed along : ' There's Toole come
to learn actin' from 'Arry Orkins.'

There was one witness who ought not to be for-
gotten. It was Mr. Biddulph, a relation of the Tich-
borne family, a good-natured, amiable man, willing to
oblige anyone, and a county magistrate ' one of the



' PASS ME. BIDDULPH THE CHAMPAGNE ' 823

most amiable county magistrates I have ever met; a
man of the strictest honour and unimpeachable
integrity.'

He had been asked by the dowager lady to recognise
her son.

' I don't see how I can,' said he. ' I am willing to
oblige, but not at the expense of truth. Better get
someone else who knew him better than I did. This
man bears no resemblance to the man I knew. I can-
not do it.' And so he resisted all entreaties with that
firmness of purpose for which he was remarkable.

' He was then invited,' said Mr. Hawkins, ' to a
little dinner at another supporter of the Claimant's,
and one somewhat shrewder than the rest. The
Claimant described this party as consisting of a county
magistrate, a money-lender, a lawyer, and a humbug.

This is how the advocate dealt with this little party
in his address to the jury :

' Gentlemen, can't you imagine the scene ? Perkins,
the lawyer, says to Biddulph : " Come, now, Mr.
Biddulph, you know you have had great experience in
cross-examining as a county magistrate at Petty
Sessions ; now, cross-examine this man firmly, and
you'll soon find he knows more than you think. If
he's not the man, he's nobody else, you may be quite
sure of that. But first of all," says Perkins, " what did
you know of Roger ? That's the first thing ; let's start
with that."

' " Oh, not very much," says Biddulph. " He
stayed at Bath once for a fortnight while his mother
was there."

' " Pass Mr. Biddulph the champagne," says Perkins.
(Laughter.)

' " Now," he adds, " how did you amuse yourselves,
eh?"

'"Well," says Biddulph, "we used to smoke to-
gether at the hotel the the White something it
was called."

212



324 HENEY HAWKINS, Q.C.

' " Did you smoke pipes or cigars ?"

' " Well, I remember we had some curious pipes."

' " Another glass of champagne for Mr. Biddulph."
(More laughter.) " What sort of pipes ?" asks the
Claimant ; " death's-head pipes ?"

' The magistrate remembered, opened his eyes, and
lifted his hands. Thus the amiable magistrate was
convinced, although he said, candidly enough, " I did
not recognise him by his features, walk, voice, or
twitch in his eye, but I was struck with his recollec-
tion of having met me at Bath." The death's-head
pipes settled him.

' As for Miss C , the governess, she was of a

different order from Mr. Biddulph. She told us she had
listened to the defendant when he solemnly swore that
he had seduced her former pupil, that he had stood in the
dock for horse-stealing, and had been the associate of
highwaymen and bushrangers, and had made a will for
the purpose of fraud ; and yet this woman took him
by the hand, and was not ashamed of his companion-
ship. His counsel described her as a ministering
angel. Heaven defend me from ministering angels if
Miss is one !'

The Claimant, while in Australia, being asked what
kind of lady his mother (the dowager Lady Tichborne)
was, answered : ' Oh, a very stout lady ; and that is
the reason I am so fond of Mrs. Butts, of the Metro-
politan Hotel, she being a tall, stout, and buxom
woman ; and like Mrs. Mina Jury (of Wapping),
because she was like my mother.'

A witness of the name of Coyne was called to give
evidence of the recognition of the Claimant by the
mother in Paris, and the solicitor said to Coyne : ' You
see how she recognises him.'

'Yes,' said Coyne ; ' he's lucky.'

There was no cross-examination, and Mr. Hawkins
said to the jury : ' They need not cross-examine unless
they like ; it's a free country. They may leave this



'BOGLE, THE WITNESS OF TEUTH' 825

man's account unquestioned if they like, but if it is a
true account, what do you say to the recognition ?'

Louie, the Dane, said that while the Claimant was on
board his ship he amused himself by picking oakum
and reading ' The Garden of the Soul.'

There were several Ospreys spoken to as having
picked up the Claimant after the wreck of the Bella,
and the defendant had not the least idea which one
was the best to carry him safely into harbour. The
defendant's counsel, notwithstanding, had told the jury
that he, Hawkins, had not ventured to contradict one
or other of the stories of the wreck, and had not called
the captain of the Osprey which had picked him up.

Comment on such a proposition in advocacy would
be ridiculous. Mr. Hawkins dealt with it by an example
which the reader will remember as having occurred
in his early days :

' " We don't know which Osprey you mean." " Take
any one," says the defendant's counsel, reminding me
of the defence of a man charged with stealing a duck,
and having given seven different accounts as to how he
became possessed of it, his counsel was at last asked
which he relied on. " Oh, never mind which," he
answered ; "I shall be much obliged if the jury will
adopt any one of them."

' Roger was said by the defendant's counsel to have
been painfully thin; no one can say the Claimant is
painfully thin, nor can anyone but his own counsel
pretend that he has that " dreamy and pensive " look
in his blue eyes which he spoke of, while his feet are at
least two inches longer than Roger's.

' You remember, gentlemen, the touching words in
which the defendant's counsel spoke of Bogle : "He is
one of those negroes," said he, "described by the
author of ' Paul and Virginia,' who are faithful to the
death, true as gold itself. If ever a witness of truth
came into the box, that witness was Bogle." '

Mr. Hawkins answered him in these words :



326 HENKY HAWKINS, Q.C.

' Well, you have seen him Old Bogle ! What do
you think of him ? Was there ever a better specimen
of feigned simplicity than he ? " Bogle," cries the
defendant, after all those years of estrangement, " is
that you f " Yes, Sir Boger," answered Bogle ; " how
do you do?"

' " Do you remember giving me a pipe o' baccy ?"
asks a poor country greenhorn down at Alresford.
"Yes," answers the Claimant. "Then you're the
man," says the greenhorn. Such was the way
evidence was manufactured.

' A poor lady you remember Mrs. Stubbs had a
picture of her great-great-grandfather's great-grand-
father. In goes the Claimant, and in his artful manner
shows his childhood's memory. " Ah, Mrs. Stubbs,"
says he, looking at another picture, " that is not the
old picture, is it ?" (Somebody had put him up to
this.) " No, sir," cries Mrs. Stubbs, delighted with
his recollection "no, sir; but please to walk this
way into my parlour " ; and there, sure enough, was
the picture he had been told to ask for.

' " Ah !" he exclaims, " there it is ; there's the old
picture !"

' How could Mrs. Stubbs disbelieve her own
senses ?'

One, Sir Walter Strickland, declined to see the
Claimant and be misled, and was roundly abused by
the defendant's counsel. One of the jury asked if he
was still alive. ' Yes,' said the Lord Chief Justice,
although the defendant expressed a hope that they
would all die who did not recognise him. . . .

' In a letter to Bous, my lord, where he said, " I see
I have one enemy the less in Harris's death. Captain
Strickland, who made himself so great on the other
side, went to stay at Stony hurst with his brother, and
died there. He called on me a week before and
abused me shamefully. So will all go some day."
This/ said Mr. Hawkins, 'was not exhibiting the



ME. HAWKINS PUTS HIS POINTS 827

same Christian spirit which he showed when he said :
" God help those poor purgured sailors !" '

' Why should defendant,' asked Mr. Hawkins at
the close of one of the day's speeches, ' if he were
Sir Roger, avoid Arthur Orton's sisters ? Why, would
he not have said : " They will be glad indeed to see
me, and hear me tell them about the camp-fire under
the canopy of heaven," as his counsel put it, " where
their brother Arthur told me all about Fergusson, the
old pilot of the Dundee boat, who kept the public-
house at Wapping, and the Shetland ponies of Wap-
ping, and the Shottles of the Nook at Wapping, and
wished me to ask who kept Wright's public-house now,
and the Cronins, and Mrs. MacFarlane of the Globe,
all of Wapping." '

The Judges fell back with laughter, and the curtain
came down, for these were the questions with many
more the Claimant put on the evening of his landing.

' I shall attack the noble army of Carabineers,' said
Mr. Hawkins on another occasion. He did so, and
conquered the regiment in detail.

One old Carabineer was librarian at the Westminster
Hospital. His name was Manton, and he was a
sergeant. He told Baigent something that had hap-
pened while Roger was his officer, and he told the
Claimant. Manton afterwards saw the huge man, and
failed to recognise him in any way. But when the
Claimant told him what he had told Baigent he opened
his eyes. This looked like proof of his being the man.
He was struck with his marvellous recollection, and
was at once pinned down to this in an affidavit :

' The Claimant's voice is stronger, and has less
foreign accent. I recognised his voice, and found his
tone and pronunciation to be the same as Eoger
Tichborne's, whom I knew as an officer.'

Truly, an affidavit is a powerful auxiliary in fraud.


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