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. is* futo Cirmpnitri

THE TICHBORNE TRIAL.

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The further hearing of this case was resumed on Tuesday morning, the fifty-fourth day Mr. Chabot was further examined as to the handwriting ('of Roger Tichborne, Arthur Orton, and Thomas Castro. He pointed out the peculiarity of the letter I •' in Arthur Ort <n and Thomas Castro's letters, tbey are identical, and, in every Instance, a full stop precedes tbe pronouu.—I have examined the undoubted signatures of R. C. Tichborne, and also those of the dtft-n iant. Previous to 1854, Roger made the capital letter "R," b) beginning at once at the top of the lettsf, making a loop at tne bottom of the down stroke, and carrying it on to the top bow. It is the readiest mode of making the letter, and is adopted by all rapid writers. The letter g is made habitually like the "y," with a well-formed loop. All the loops of his litters are elegantly formed. The letter "e" is like an "1," and is very characteristic of his writing. Roger signs his name invariably Ro^er Charles li^hTorne," the defendant Roger C Tichborne." After pointing out the popularities of various letters-the letters of which o forms the part are all made open. During the tedious and technical explanation of the eha- racteristlc peculiarities of the eignsture of Roger Tichborne, a Jnryman said tbey were so strong that he would undertake to unmiatakeably show in au hour wh*re they did not exist in the defendant's signature of R )ger C. Tichborne. The Lord Cnlef Jatt-ce May I ask if you are profession. ally connected with the study of handwriting. The Juryman Not in the least; bnt I have made it a stndy. The keys to the writing are very numerous. Examination reenmed The initial "T" in Roger Tich. borne a signature is in two distinct parts, formed by two operations of the pen, and he connects the bottom of the letter "T" with the small "I." You cannot see any point of Junction. Then the small "i" and the "c" are Joined together, and resd like the letter If u." The Defendant's signature is completely at variance with that of Roger Tlohborne. Then the rapital R" of the Defendant always has an up-stroke preced- ing the down-stroke of the letter, except In one instance, where the down-stroke Is represented by a loop. The one Instance to which I allude does not occur In his signa- ture, but In the word RernatiL I On the other hand, Roger Tichborne almost invariably makes the loop to the "R." Toere are Instances where an up-stroke Is simply made Instead of a loop, but it is evidently caused by a slip of the pan on the paper, and it is not intentional. But the De- fendant intentionally sets about it; he is determined to make it. I will now pass to the Jetter" T," which the Defendant makes by one operation of the pen. There is no Instance in Roger Tichborne's handwriting of the letter r" beine formed In that manner but It Is the habitual T of the Da- fendant. Nevertheless, the Defendant frequently forms the letter T in two parts, somewhat after the fashion of Roger. In many of his letters or rather tne addresses of hIS letter- to Lady Tichborne, the letter Is formed like that; It Is to be found in several successive instances. Tne letter ii loimea In two parts-the upper part first, and then the lower part afterwards-in the manner of R,,ger. It ooenrs in many Instances in addressing Lady Tlohborne, but never in his signature as "R. C. D. Tichborne." When the De- feuoant forms the letter "T" by two operations It is never furmed to the small letter i." When it joins the letter "i" the T" Is formed by one operation of the pen. The Defendant habitually forms his R" in the signature with the shoulder to the left. The letter D" never occurs In the signature of the undoubted Roger Tlohborne, because Doughty was not then pi-rt of his signature. As to the D" in the signature of the Dsfendant, the length of the down-stroke is conspicuous In the "D"of Roger C. D. Tichborne, as observed In cases where he UIW. it. There is no Instance in the handwriting of Roger Tichborne of that formation of the letter D, but it agreee with that of Arthur Orton. I would now contrast the letter R as formed by Arthur Orton with that of the defendant. Four of Orton's R's commence with the upstruke, a, in the word "Russell." The other two letters are quite the school- boy letter R." Looking at the &<" As handed to the Jury, with the exception of two, they appear to be Identical with those of the defendant. The Lord Chief Justloe: It is curious how even in a feigned hand, something orops up. I see the Wagga-Wagga •* w here. Witness: The defendant frequently writes the word Tich- horne with a small letter I t; there is no such thing in Roger's handwriting. In reply to a remark of the Lord Chief Justice The witness said I find that Roger Tiohborne writes both the names of places and persons with small initial letters The defendant only wxites tne names of persons wta small initial letter.. Wnen l compare the signature R c Tich- borne," as written by Tichborne, and at written from Wagga Wagga by the defendant, I find, in the first instance the stamp of refinement, and in the latter the stamn of vnigarlty. It is 't tha mwi 00,114 his handwriting to such an extent Mr Justice Lush D d it strike you that the writer of the Orton letters held his pen nearer to the and so got a firmer hold of it than the writer of Robot Tichbofne's letters? Roger mak's longer strokes, and seems to have more command oyer hia pen. Witness: I belUve that Roger Tichborne held his nen be- tween his two fore fingers and the fleshy end ot the thumb and that he avoided P»»8^8! the pen wl-h the point of the thumb, near the nail, and it was that mode of holdlne the pen which gives his wilting the mechanical appearance It has. This li a matter of conjecture, which, perhaps^ have no right to trench upon, but it is my belief. £ lamination resumed.—I find the canltal letur "V" made in the same manner by tbe Defendant and bv Orton I have already remarked upon the peculiar wav in which Roger mall., th. which win the same E as 1Orton, wnieh win be aeen b, comnarlson of the letters In the word Ellraborth," which occurs in the letter of Orton and of the Ddfendant. The letter R in the handwriting of the Defendant and of Orton are not always unlformly made, but they are compatible with being made by the same person. You must rememW that the Defendant s b*"(lwritlng more formed thftn u was years ago, and the differences notlo-able are only such as would ordinarily toka place by Iap«e of time I have remarked upon the formation of the small n" and Itecwtol D.f„dSd, sometimes, nay, those letters In the common manner, but he dl.tiu?ni4hf.g them from the same letters when made by ordinary writers bv keenln? the first down stroke of the letter to the level ot the other part of tbe Utter. The defendant and Orton do not carrv It above the line at all, but Roger carries It above the Hne to an ordinate length. The most marked examples erf twf a?e f'-und when two"p'»" oome together, w in Wanning The word supposed occurs three times in Arthnr O tin*, letters, and I have taken four words ''roppot^' from thl handwriting of ihe defendant, whloh the Jury can compare. Mr. Hawkins proposed to put a iatter bv ». defendant to Mr. Holmes for comparison of handwriting at the same time remaikluB—In Justice to Mr Holmes I^nav say tbat these are b* »Ul In the defwdanfS own hana writing—the same will w.th reference to which your lordships will remember the defendant wrote to Rnim« saying that he had signed It without reiding it, and that "that man has the power of fascinating me like a black snake." Mr. Kenealy objeoted to the production of any doenment which had been written in confidence by « client to his attorney. „ The Lord Chief Justice But these are instructions for the will Mr. Kenealy: That is our paper by rights. Mr. Holmes has no power to put it in. it ts not because I did not ohwt to the will, that therefore I do not object to other thinirs Anattorneyha.no right to violate the confidence reposed in him by a client. The Lord Chief Justice said It was not in tfce natnr. confidential communication. Mr. Justice Mellor said It was an act done, and not a r.H vileged communication. "B prl" Mr. Justice Lush said he would put It On wider grounds. The a* did not allow the p!e» of prxvllega for It, j, evidtnee that might be used in support of » criminal chanrn Witness contluued I have ex_tunioed 330 letters writ- ten by Roger, of whlcli 3X) are fully dated, without th« slightest abbreviation. His habit was to pm n4nie of the place at the top, and the date of the month and year at the bottom. There were only 67 instances where the whole of the date was at the top of the tatter Not one of the defendant s tetters has the four of the year, as all Roger a have The only document* in whlco It appears are tne vow the defendant made at Cherlton relative to Lady Radcliffe, bnd the other the vow made by Arthur Orton In the pocket-book. The one at Chertton was first written II Nov, 62," then struck out and the ante written Nov., 1S62. In Arthur Orton'i letters the two first figures of the year are omitted In fact, as a rule, Roger dates the longest way, and th„ defendaut the shortest way possible. Roger, in every instance, commences a sentence with a capital ■■ £ •• defendant always with a small i- In his letters to Ladv Tichborne from Australia he altered that practice, but in his flrstletter written in England there are seven small rB •• and he reverted In subseqnent letters to his old practice. Again as time goes on the) disappear, but occasionally he reverts to his old habit. Roger writes "yours truly," each with a capital letter, and II remalu" with a sooall letter. The defendant writes it all sorts of ways, Ute Arthur Orton. Rogtr hu, In 177 instances, written the word "remain" with a small "r" Castro has used "ever affectionate son" 11 times Roger only used ytnira ever'* once, and then to his c -usln, Kate Doughty, never to his mother or mamma He wrote your ever affec- tionate son" In 24 out of 27 letters addressed to his mother and father iu 84 out of 96 letters to Lady Doughty he expressed himself ia the same* way. The defendant has not used It In the same way In any letter. The defen- dant has written Your affectionate in one line, and son Roger Tichborue" In another. The defendant has used "mama" twelve times in one letter and thirteen times In another, but Roger never used it more than four times In any one letter, and then it is used only when he has some- thing serious to state, or after some expressive word. The defendant used the expression "good bye" ten times, and Arthur Orton nine times, but Soger never once. the latter writes 'truly yours," or. "believe me," at the com- mencement of the line; but the defendant places it in a different position. There are incidents which allow persons to identify documents, but they don't knew why. After some further evidence, the Court adjourned.

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