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where he graduated M.A. in 1819. As Marquis of Graham he represented Cambridge in the two Parliaments preceding the Reform Bill, having for his colleague the late Sir Frederick Trench, and was, at the time, a commissioner of the India Board; he had been a Privy Councillor since 1821. The late Duke was Lord Steward of the Queen's Household during the late Lord Derby's first Administration up to February 1852, and on Lord Derby again taking office in 1858, he filled the office of Chancellor of the Duchy of Lancaster; and from July 1866 to December 1868, was Postmaster-General. He was elected Chancellor of the University of Glasgow in 1837, and had been Hon. Colonel of the Stirling, Dumbarton, Clackmannan, and Kinross Militia since 1827. He was also a major-general of the Royal Archers, the Queen's body guard in Scotland.

ARCHDEACON ORMEROD.

The Ven. Thomas Johnson Ormerod, late Archdeacon of Suffolk, died on December 2, at Sedbury Park, his residence near Chepstow. He was the son of a distinguished father, Mr. George Ormerod, D.C.L., &c., of Sedbury Park, the well-known historian of Cheshire. Born in 1809, he was educated at Brasenose College, Oxford, where he graduated with high honours in 1829. He was ordained by Dr. Bagot, then Bishop of Oxford, having been elected a fellow of his college, and was successively appointed Examining Chaplain to the Bishop of Norwich, Select Preacher before the University of Oxford, Rector of Redenhall with Harleston, Norfolk, and finally, in 1846, Archdeacon of Suffolk. This latter

post he resigned in 1868. Archdeacon Ormerod was the author of several archidiaconal charges, and also of the articles on the German Reformation in the "Encyclopædia Metropolitana" and "Bible Dictionary." The Archdeacon, who was a magistrate for Norfolk, married in 1838 Maria Susan, eldest daughter of the late Sir Joseph Bailey, of Glanusk Park, Brecon, many years M.P. for the city of Worcester, by whom he left a family.

THE BISHOP OF OSSORY.

The Right Rev. James Thomas O'Brien, D.D., Bishop of Ossory, Ferns and Leighlin, who died at 49 Thurloe Square, London, on December 12, was the senior member of the Irish Episcopal Bench. He was born in Ire

land in 1792, and was educated at Trinity College, Dublin, where he gained the gold medal in 1815, and became a fellow of his college. He was afterwards appointed Divinity Lecturer on Archbishop King's Foundation. After holding the livings of Clondehorky and Arboe, Dr. O'Brien was, in 1841, nominated to the deanery of Cork, and in 1842 he was offered the bishopric of the united dioceses of Ossory, Ferns, and Leighlin, to which he was consecrated in the college chapel. Dr. O'Brien married, in 1836, the second daughter of the late Right Hon. Edward Pennefather, Chief Justice of the Queen's Bench in Ireland, by whom he had a numerous family.

MR. WATTS PHILLIPS.

He

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The death of this gentleman, which took place on December 2, leaves a gap in the list of our modern dramatists. did not write very often, and his permanent successes were not very numerous; but the production of a new piece from his pen might always be regarded as an event of the day, for every scene that he wrote was the result of thought, and he never could be accused of frivolity. His first piece, "Joseph Chavigny," brought out at the old Adelphi Theatre, and was remarkable in a high degree for the cynicism which prevailed, more or less, through all his writings. Although he was much indebted to the French, he was in the main an original writer; his vigorous dialogue was entirely his own, and he could devise situations of singular force. His last piece was "Amos Clarke," brought out with deserved success at the Queen's, but his two leading works are the "Dead Heart," which, produced, and revived, and revived again at the Adelphi, is associated with one of Mr. B. Webster's most remarkable impersonations, and 'Lost in London," which has been played this year at the Princess's. He was born in 1829, and, originally intending to become an artist, he studied under Mr. George Cruikshank. Two books of quasi-caricatures, one representing the humours of an election, the other entitled the "Whisky Fiend," and pointing a tee. total moral, remain as the result of his early studies, and his letters to his friends were often adorned with pen-and-ink sketches of extraordinary humour.

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LORD ROMILLY.

The Right Hon. John, Baron Romilly, of Barry, in the county of Glamorgan,

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who died, on the 23rd inst., in his seventythird year, was second son of Sir Samuel Romilly, the great jurisconsult, statesman, and philanthropist, and belonged to a French Protestant family, one of the few foreign houses to be found in our peerage. Having graduated at Trinity College, Cambridge, he was called to the Bar at Gray's Inn in 1827, and soon acquired practice and reputation as a lawyer. In 1848 he was made Solicitor-General, and knighted; in 1850, Attorney-General; and in 1851, Master of the Rolls. In 1866 he was elevated to the peerage as Baron Romilly. At an early period of life he entered the House of Commons as member for Bridport in the first reformed Parliament, and subsequently, from 1847 to 1852, sat for Devonport. He was sworn of the Privy Council in 1851, and was a bencher of Gray's Inn. Having retired from the Bench, Lord Romilly acted recently as arbitrator in the affairs of the European Assurance Company. He married Caroline Otter, daughter of

the Bishop of Chichester, and was succeeded by his son, William.

THE REV. JOHN MOULTRIE.

Before closing our obituary for the year, it must be mentioned that on December 26, died, at the age of seventyfour, the Rev. John Moultrie, who had been rector of Rugby for upwards of forty years, and was well known at one time as the author of some admired poems. "My Brother's Grave" was that by which his reputation was made in early life. He belonged to the young Eton coterie of which Winthrop Praed was one of the most gifted members. With Derwent Coleridge he maintained a life-long intimacy. In the days when Dr. Arnold ruled Rugby School, the rector was a conspicuous personage, and his poems relating to Rugby interests and characters gave him a local celebrity, though they hardly added to the literary estimate he had acquired by his earlier efforts.

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REMARKABLE TRIALS.

I.

THE TICHBORNE TRIAL.

RESUMING the summary of this protracted case, the trial of Thomas Castro, alias Arthur Orton, the claimant of the Tichborne estates and title, for perjury committed by him in the action of ejectment he brought to obtain that property, we find that we left Dr. Kenealy, Q.C., on the last day of 1873, speaking on behalf of the defendant. At the next meeting of the court Dr. Kenealy commented on the military evidence adduced for the prosecution, contending that the officers who had given evidence against the defendant had from the first been prejudiced against him. The learned counsel had an amusing controversy with the Lord Chief Justice and the jury, arising out of the contention on his part that, inasmuch as it had not been proved that there were lights in the room when Roger was bled at Canterbury, the operation might have been performed in the dark. The Lord Chief Justice having remarked that no man of common-sense would have attempted the operation without light, Dr. Kenealy said that "common-sense did not always prevail." The Lord Chief Justice's pointed rejoinder, "No, I see that," the learned counsel said he would take no notice of, but would "leave to history." The Tichborne photographs and daguerreotypes were all inspected with regard to Dr. Kenealy's assertion that they showed a pendent ear. But on this point, as a juryman observed, there were twelve to one against the Doctor, and he vowed never to mention the photographs again.

Next the family evidence passed under review, and the learned counsel's remarks embraced a large number of minute details referring to the mental and physical characteristics of the real Roger Tichborne, and the points of resemblance which he claimed to be discoverable in the plaintiff. The lock of Roger's hair which had been produced by Lady Radcliffe was handed to the jury. The lock of hair from Melipilla, of which so much was heard in the earlier stages of the trial, was also submitted to the jury's inspection. In support of his assertion that the two young Bonapartes-Napoleon and Joseph -had forgotten their native tongue, Dr. Kenealy cited an extract from the "Boys' Journal." He could not supply the Lord Chief Justice with the name of the writer; but his Lordship gave him references to better known authorities, who represented Napoleon at St. Helena to have conversed in Italian with his doctor and attendants. Continuing his analysis of the evidence respecting Roger Tichborne's manners and habits, and, comparing them with those of the defendant, Dr. Kenealy contended that this part of the case was entirely in his

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client's favour. He then returned to the tattoo marks, alleging as his reason
that some of the jury seemed still to entertain a doubt on the subject, and said
that the inventors of these marks were Mr. Bowker, Mr. Seymour, and Lord
Bellew. When he began to expatiate on the incredibility of Roger's mother
never having heard of "that swelling and sloughing sore" which would result
from a tattoo, a matter-of-fact juryman told him he had not found tattooing a
painful operation. From this Dr. Kenealy passed on to a vindication of Bogle.
The analysis of the Tichborne witnesses occupied one whole day. Dr.
Kenealy said that no fewer than thirty-five "independent" witnesses, who
knew Roger at Tichborne before he finally left England, were called for the
defence, and distinctly identified the defendant as the same person. The
Crown had only called one independent witness, old John Etheridge, who
said the defendant was not Roger. With reference to the alleged resemblance
of the defendant to Sir Henry Tichborne, Sir James Tichborne, Sir Edward
Doughty, and Lady Tichborne, he said, as there was overwhelming evidence
on that subject, and as the Crown had put forward no rebutting testimony,
which it was perfectly competent for them to have done, it must be taken that
The learned
such resemblance was completely and conclusively proved.
counsel said that he attached great weight to the testimony of Miss Braine,
who, having resided with the defendant and his family for nine months, said
he was the same young man whom she knew as Roger Tichborne. Then fol-
lowed the analysis of the evidence of the other Hampshire witnesses who bad
identified the defendant with Roger Tichborne, and Dr. Kenealy was proceed-
ing to the South American witnesses, when he was reminded by the Court of
the limit fixed for his speech before Christmas. He pleaded urgently for time
to "go through his Carabineers," but the Lord Chief Justice answered that he
hardly required to individualise them-he might class them together. Under
this pressure, he hurried through his South American witnesses, dwelling only
for a few minutes on "Captain Brown," and devoting as much of that brief period
to the rival Captain Oates, whose Admiralty appointment he regards as proof
of the partiality of the Cabinet for the prosecution. He was rebuked by the
Lord Chief Justice for insinuating that Mr. Chichester Fortescue had rewarded
Captain Oates with a valuable office in consideration of his evidence for the
prosecution. He contended that "Captain Brown," although guilty of falsify-
ing a certificate, was nevertheless a truthful witness.

Reviewing next the Carabineer evidence for the defence, Dr. Kenealy steadily pursued his way through the old points-the twitch, the peculiar walk, the loose skin, the good forehead, the dark heavy eyebrows, the broad shoulders, and endless other peculiarities. He also called attention to the number of those witnesses who had declared that they could trace the old French accent even in the present voice of the defendant, though that had been described on the other side as "vulgar Cockney English."

The next point dwelt upon was the evidence relating to the sealed packet left by Roger Tichborne in the hands of Mr. Gosford before his departure from this country more than twenty years ago. The sealed packet episode, Dr. Kenealy observed, was a matter which had excited a great deal of ill-feeling amongst a considerable number of persons against the defendant; and the difficulties of his task were proportionately increased. There were, however, two sides to the picture. Lady Radcliffe had children with whom we all sympathise; so had the defendant. Hence their positions were in some respect equal. He would have preferred to see the matter omitted, but the Lord

Chief Justice pointed out that the story had been made a crucial test in the previous trial and throughout the case; that it was strictly pertinent to the main issue involved; and that, in common justice to the lady attacked, it was most properly included in the indictment. After going through the evidence, oral and documentary, on this point, Dr. Kenealy came to the defendant's own account of it under cross-examination, and dwelling upon his evasive answers and professed ignorance, he said: "It may be retorted upon me that I put my client before you as an evasive, equivocating man. But I cannot help that. Though defending my client on an indictment for perjury, I never have put him before the jury as a model of veracity. On the contrary," he continued, "I have put him before you as Roger Tichborne, a very bad and corrupted man, who had been badly brought up, and educated in utter disregard of the truth."

Before opening his peroration the Doctor made a frank confession about "that scandalous witness he had had the misfortune to call." The theory that Luie had been got up by the defence he spurned as the action of Bedlamites. He declared that his client had been prosecuted with a virulence without example, which he hoped never to see rivalled in this country. He trusted that he should never live to see again every rule of law and practice pressed as it had been in every possible way against the defendant. The prosecution had no sympathy or feeling for him, and they did not care, in some instances, whether they strained the rules of law and evidence against him stronger than these ought to have been. No one, in his opinion, could seriously ask the jury to come to the conclusion that the defendant had perjured himself when they considered the evidence that had been given by Mr. Biddulph, Colonel Norbury, Miss Braine, Lady Tichborne, and others, that his client was Roger Tichborne. After a rhetorical appeal to the jury's reverence for truth and justice, he adjured them, in the name of the spirit of the departed Lady Tichborne, never to lose sight of her in their investigation of the case, and in the name of justice, he demanded an acquittal for Roger Tichborne. A burst of cheers, which was immediately suppressed, followed the conclusion of the learned counsel's speech, which had lasted twenty-three days. The defendant rose and said, "Doctor, I tender you my very sincere thanks for the very able manner in which you have defended me; and I hope I shall soon be able to clear off some of the 600 guineas I am indebted to you."

On the following day, January 15, Mr. Hawkins, Q.C., the counsel for the Crown, began to address the jury upon the whole case. He strongly animadverted upon the manner in which the defendant's case had been conducted. "The defendant," he said "through his counsel, in order to extricate himself from the perils by which he was encompassed, has not hesitated to charge the Government of this country, and the responsible advisers of the Crown, with a scandalous and a shameless abuse of the influence and the power which they possess, with wantonly and wickedly lending their aid and the public purse to a prosecution which, upon his own daring assertion alone, he has denounced as one instituted to serve the ends of a private family in order to rob him of his inheritance, and that they have done it without regard to or deference to the interests of justice, for the purpose of crushing, by his condemnation, one they know to be innocent of the crime imputed to him. He has not hesitated, unblushingly and audaciously, to charge that the prosecution had been supported by wholesale bribery, forgery, perjury, and conspiracy induced by the grossest and most corrupt agencies; and in his sweeping and baseless charges

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