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Law in Popular Culture collection

THE TICHBORNE CASE

(2) A VOICE FROM AUSTRALIA

     I have said that the Dowager Lady Tichborne had
never acquiesced in the general belief as to the death of

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her eldest son. Every rumour of shipwrecked mariners
and every tale of the sea gave her fresh encouragement ;
every tramping sailor found a welcome at Tichborne Park;
and from time to time, snatching at some idle story, she
would write to perfect strangers who were reported to
have been on board the Bella. It was said that she kept
a light always burning on dark evenings in the hall at
Tichborne to guide the feet of the wanderer, and lapse of
years and absence of news only strengthened into cer-
tainty the conviction that her son was alive and would
return. It was in vain that Sir James combated the
delusion, in vain that lie drove the itinerant sailors from
the door, and on his death this fixed idea took even firmer
hold. She was more alone in the world than ever, and
now, freed from her husband's restraint, began to advertise
for news of her long-lost son in many papers and in many
languages.
     These advertisements began in 1863, and bore no imme-
diate fruit. In May 1865 the Dowager wrote to a Mr. Cubitt
at Sydney, whose name she had seen in the Times in con-
nection with a `missing friends' office, asking him to see
what he could do. Mr. Cubitt entered into correspondence,
and caused an advertisement to be inserted in various
Australian papers; and at last, on the 9th of October in
that year, there reached him from Mr. Gibbes, an attorney
at Wagga Wagga, and an old acquaintance, a guarded
letter saying that the latter had `spotted R. C. Tichborne.'
     Wagga Wagga is a fair-sized Queensland township, with
a population of several thousand inhabitants, and Mr.
Gibbes had only settled down there in the preceding July.
One of his earliest clients was a man named Thomas
Castro, who, after a chequered career in the lower walks of

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colonial life, was desirous of obtaining legal assistance in
going through the insolvency Court. He was a big
brawny fellow, who had been in the employment of a Mr.
Higgins who kept a hotel and butcher's shop, and his dex-
terity as a slaughterman had attracted the attention of
more than one visitor, to whom he accounted for it by
saying he had been used to cutting up meat in Newgate
Market. He had latterly started a butchering business of
his own which had proved unsuccessful; and while giving
instructions to Gibbes, he asked what would be the conse-
quence if he omitted from his schedule in bankruptcy
some entailed property in England, adding that Castro
was an assumed name, and that he was the eldest son of a
distinguished English family, and heir to a title. Gibbes
mentioned this to his wife, who at once referred him to
the advertisement in the Melbourne Argus, and he became
convinced that lie had got the missing man. Some leading
questions put by Gibbes at a subsequent meeting on the
subject of shipwrecks, and the climate of South America,
strengthened the conviction, and shortly afterwards he
met him smoking a pipe on which were cut the initials
`R. C. T.' `Shall I call out your real name ?' said
Gibbes. ` No,' was the answer, `for God's sake don't.'
` Oh, I know who you are,' continued Gibbes ; `you are
Tichborne.' Whereupon Castro took the pipe from his
mouth and held it up, saying, `Is that it? Are those the
initials ?'
     The advertisement in the Melbourne Argus was in the
following terms:-
     'A handsome reward will be given to any person who
can furnish such information as will discover the fate of
Roger Charles Tichborne. He sailed from Rio Janeiro on

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the 20th of April 1854 in the ship La Bella, and has never
been heard of since, but a report reached England to the
effect that a portion of the crew and passengers of a vessel
of that name was picked up by a vessel bound to Australia,
Melbourne it is believed. It is not known whether the
said Roger Charles Tichborne was among the drowned or
saved. He would at the present time be about thirty-two
years of age, is of a delicate constitution, rather tall, with
very light brown hair, and blue eyes. Mr. Tichborne is
the son of Sir James Tichborne, now deceased, and is heir
to all his estates.'
    The information for this advertisement was supplied by
Lady Tichborne herself in her first letter to Cubitt ; and it
is remarkable that while she gave the wrong age, thirty-
two instead of thirty-six -- for Roger was born in 1829 --
and described his hair as being light brown, whereas it
was really black, she explicitly stated that he was `rather
thin,' a detail which Cubitt unaccountably omitted.
     The letter, in which Gibbes expressed his confidence in
having `spotted' the missing man, contained a request for
further facts respecting `R. C. Tichborne,' which would
throw light on the nature of his delicate health, on the
causes of his leaving England, and on the nature of his
education. Mr. Gibbes had now elicited from Castro that
he was born in Dorsetshire, at his father's seat the Her-
mitage, that his early years had been spent in Paris, and
that he had been afflicted with St. Vitus's dance, which
had rendered any regular education impossible, and he not
unnaturally desired corroboration as to these matters ; but
the information hitherto supplied by Lady Tichborne did
not enable Cubitt to say more than that Roger had left
his home from caprice and not from necessity.

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     On the 19th of October Cubitt wrote off to communicate
tile joyful news to his client in England, and the following
months were taken up by a long correspondence between
Cubitt and the Dowager on the one hand, and Cubitt and
Gibbes on the other, in which the burning question of
finance played a leading part. Cubitt insisted on the
necessity of a remittance ; Lady Tichborne, under the
advice of her friends, held back until she could get some-
thing more tangible than the fragmentary information
which was all that Cubitt could supply her with; and
Gibbes declined to produce his man from the seclusion of
Wagga Wagga until a satisfactory arrangement was arrived
at. He alleged that he had promised not to reveal the
missing man's secret against his will until the end of March,
adding cryptically, ` He is so far changed from his original
intentions that he is anxious to go, but his present identity
must be closely disconnected from his future.' At length,
convinced by the details furnished by Castro, uncorro-
borated as they were, and dissatisfied with the slow
progress that was being made, Gibbes opened up communi-
cation with the Dowager on his own account, and, what
was more important, induced the `missing man' to write
himself.
     It was nearly thirteen years since Lady Tichborne had
parted from her eldest son ; and though his letters to her
up to the sailing of the Bella had been constant, from that
hour the silence as of the grave had been unbroken. It
was no easy task to resume the thread of a correspondence
so long interrupted ; but after taking a seat in Mr. Gibbes'
office, and rejecting a draft letter suggested by the latter,
which began in true professional style, ` My dear Madam,'
Mr. Castro delivered himself in the following terms :-

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WAGGA WAGGA, January 17th, 1866. 
     ` MY DEAR MOTHER,-The delay which has taken place
since my last Letter, Dated 22nd April, 54, Makes it very
difficult to Commence this Letter. I deeply regret the
truble and anxsity I must have cause you by not writing
before. But they are known to my attorney and the
more private details I will keep for your own Ear. Of
one thing rest Assured that although I have been in A
humble condition of Life I have never let any act disgrace
you or my Family. I have been A poor Man and nothing
worse. Mr. Gibbes suggest to me as essential That I
should recall to your memory things which can only be
known to you and me to convince you of my Identity. I
don't think it needful My Dear Mother. Although I send
them. Mamely the Brown Mark on my side. And the
Card Case at Brighton. I can assure you My Dear
Mother I have keep your promice ever since. In writing
to me please enclose your letter to Mr. Gibbes to prevent
unnesersery enquiry as I do not wish any person to know
me in this country. When I take my proper position and
title. Having therefore made up my mind to return and
face the sea once more I must request to send me the
Means of doing so and paying a fue outstanding debts. I
would return by the overland Mail. The passage Money
and other expences would be over two Hundred pound,
for I propose Sailing from Victoria not this Colonly And
to sail from Melbourne in my own Name. Now to
annable me to do this my dear Mother you must send
me --'

     The rest of the letter is not forthcoming ; indeed, the
whole of the Australian correspondence as we possess it is

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in a defective and mutilated condition. It is clear, how-
ever, from other sources that the missing portion contained
some reference to the writer's grandfather, and a request
for £200 to pay his debts in addition to the £200 pas-
sage money. Before it could reach England Lady Tich-
borne had sustained a fresh bereavement in the death of
her remaining son; and on the 25th of February, unre-
servedly accepting the identity of the claimant without
having received a single detail or having seen a line of
his handwriting, she wrote to her `dear and beloved
Roger,' imploring him to come back to his poor afflicted
mother, and assuring him that the necessary funds would
be found. The letter was signed ` h. f. Tichborne.'
     To this the claimant replied on the 24th of May : --

     `MY DEAR AND BELOVED MOTHER, -- I receved your
note dated 25th Feb. and was very glad to hear you
where quite well. I was very sorry to hear of poor Father
and Alfred death. I hardly know my Dear Mother how
you have borne the suspence of knowing my fate so long.
You must not blame me mother for I believe fate had A
great deal to do with it. I wrote to you on the 16th
of Jan. for the first time since I been in Australia . . . . I
am trying to get away by the Panama rout which leaves
Sydney on the 15th of June. But I do not know weather
the Banker here will advance the money or not . . . .-- I
remain, your beloved Son,
`ROGER CHARLES TICHBORNE

     Meanwhile the wrangle between Gibbes and Cubitt
was accentuated by the non-arrival of funds from Eng-
land, and the claimant, who had abandoned his humble
trade, was now entirely dependent upon the bounty of

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his attorney. A lurid light is cast upon his circumstances
by the following note to Mr. Gibbes : --

     `DEAR SIR, -- If you could spare me two pound I shall
feel oblige I wish to settle with Cater the baker before
he leaves for England. If its convenient you can Like-
wise send me an order on Love for three pound.'

     Moreover, in the preceding year, previous to the first
approaches made by Gibbes, the soi-disant Castro had
been married by a Protestant Dissenting minister to a
young girl named Bryant, a domestic servant, perfectly
illiterate, and only able to affix her mark to the register.
She was now about to become a mother, and the de-
spairing husband wrote to his patron on the 14th of
March 1866 :-

     'My reason for writing instead of seeing you personaly
is I am really ashamed of trubling you so often. Your
kindness to me will be remembered more than a Medal of
Honor on my breast. What I wish to consult you about
is this, my being Idle is drawing remarks from many and
what to do I no not I don't wish to leave the Town before
we receve our letters from mother Which I hope will not
be long first. But how to live in the meantime is what
trubling me. I paid the Baker with part of the Cash you
where so kind to lend ine . . . . I expect Mrs. Castro will
be confined before Saturday. And believe me Sir I am
more like a Manick than a B. of B.K. to think that I
should have a son born in such a hovel.'
     B. of B.K. is supposed by the best commentators to
stand for `Baronet of British Kingdom.' Seldom has a
baronet with a rent roll of £20,000 a year found himself
in a more parlous case at such a crisis, and a letter

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written to another person a few weeks afterwards shows
him somewhat wanting in the pride of paternity. Cater
the baker, who has already been mentioned as a creditor
of the claimant, received on the 18th of April, just as he
was about to start for England, a packet with the indorse-
ment ` to be opened at sea,' and these were the contents : -

     `At any time wen you are in England you should feel
enclined for A month pleasure go to Tichborne in Hamp-
shire Enquire for Sir Roger Charles Tichborne Tichborne
Hall Tichborne And you will find One that will make you
A welcome Guest But on no account memsion the name
of Castro. Or alude to me being a Married Man. Or
that I have being has A Butcher you will understand me
I have no doubt. --Your truly,        THOMAS CASTRO.'

     Although in the letter to her `beloved Roger' the
Dowager unreservedly acknowledged him, yet by the
same post she wrote to Cubitt a cautious epistle in which
she resolutely declined to make any advance without more
satisfactory assurances : -

     `You cannot wonder if the money is not paid before-
hand, the more so as you do not give any details whatever
about the person you believe to be my son. You do not
name even the town where he is, and you do not say any-
thing about the way he was saved from the shipwreck.'

     She refrained at the same time, whether under advice
or not, from herself furnishing any further personal details,
but in a letter to the same correspondent dated ten days
earlier she had unwittingly made a statement of the utmost
importance : --

    `There is a man of colour at Sydney who could tell you

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how  family the family stands. His name is Bogle, and is quite
black; Roger knows him very well; he was valet to Sir
Edward Doughty, uncle to Roger, and he lives now at
Sydney.'

     On the 10th of May she again wrote to Cubitt express-
ing her willingness to find £200 for passage-money, and
giving a more explicit account of her son's career than
she had hitherto furnished: --

     'Roger Charles is born in Paris in the year 1829 or 30.
He used to speak French, and being very delicate in health,
he was kept at home till he was fifteen or sixteen. He
then went to the Jesuits to the College they have at Stoney-
hurst, in Lancashire. He remained there three years and
a half. Afterwards he went into the Carabineers, and was
there for a year and a half. He sailed at Portsmouth on
the 13th of March 1853 to go to Valparaiso. He remained
in those countries about a year, and then sailed on the
20th of April at Rio Janeiro to go to New York . . . . He
is a Roman Catholic, and used to be a very good one. His
father Sir James was a Roman Catholic and I am one
myself, and all the family is.'

     A letter of the same date, conveying a good deal of the
same information, was received by Gibbes. It was very
far from tallying with the story hitherto told by Castro,
and he was somewhat disturbed by it, but when it reached
him the latter was out of his hands. The claimant1 had
gone to Sydney to endeavour to raise a loan from the
Australian Joint Stock Bank, and before starting had made
and executed his will in Mr. Gibbes' office. After devising

1 I shall henceforth from motives of obvious convenience 
adopt this designation for the hero of my story.

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to his wife ` her lawful dower out of my estate,' he went
on to bequeath to his mother, `Lady Hannah Frances Tich-
borne, in addition to her dower, the whole of my property
at Cowes in the Isle of Wight.' To his daughter he gave
` the whole of the Wymmering estate in Hampshire, and
also the property at and near Hermitage in Dorsetshire,'
and his property near Ryde in the Isle of Wight. He
appointed `John Jarvis, Esquire, of Bridport, and Lady
Hannah Frances Tichborne,' his executors, and failing
them, `Sir John Bird of Hartfordshire'; he made Mr.
Gibbes the guardian of the persons and estates of his
children, and in case of his death or inability to act, he
appointed Henry Angel, Esquire, of Dorset, in England.
     Important questions will arise at a later stage in con-
nection with this document; but it may be pointed out
that Lady Tichborne's Christian name was not Hannah
Frances, but Henriette Felicité, though in her correspon-
dence up till now she had only used the initials H. F., and
that the family had no Wymmering nor Hermitage estates,
and did not own a rood of land in the Isle of Wight.
     Once arrived in Sydney, the claimant passed into the
care of Mr. Cubitt, but the funds from the Bank seemed
further off than ever. Their solicitor examined him and
put questions relative to his military career, which he
declined to answer, on the ground that he had only been
thirteen days in the army, having enlisted as a private in
the 66th Dragoons, and been bought out by his parents
and sent abroad. The Bank hesitated ; and at the sugges-
tion of Mr. Gibbes, who had come up to Sydney, the
claimant made a statutory declaration to the effect that
lie was the eldest son and heir-at-law of Sir James Francis
Doughty Tichborne of Tichborne Park, and that

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     ` I arrived at Melbourne on the 24th of July 1854 ;
that I left England in the Jessie Miller on November 28,
1852 ; that I sailed from Rio Janeiro April 26, 1854, in
the Bella, which was wrecked, and the boat in which I was
picked up by the Osprey, Captain Owens, by which vessel
I was conveyed to Melbourne, where I first assumed the
name of Castro.'
     It is capable of proof that Roger Tichborne was down
at Upton, in Dorsetshire, all the autumn of 1852, and we
have soon that he sailed from Havre in the Pauline in
March 1853. What the Jessie Miller was, and who sailed
in her, is another story.
     Even after this declaration it seems doubtful whether
the claimant's credit would have been established but for
a Mr. Turville, a gentleman of good position, who was
then in Sydney as secretary to Sir John Young. He had
never seen Roger, but had known Sir James and Lady
Ticliborne well, and he proceeded to test the claimant by
putting three questions. To the first of these, whether
his mother was stout or thin, he replied that she was stout,
a tall, large woman, the very reverse of the truth. In the
second place, he was asked where his parents were in 1852,
and he answered, `They were in Paris, and I was in Dorset-
shire,' which was correct. What the third question was,
Mr. Gibbes, who narrates the interview, was unable to
recollect; but this curiously superfcial display of knowledge
satisfied Mr. Turville, who shook hands with the claimant,
and said he was convinced of his identity by the strong
resemblance to his father, especially about the mouth.
     The floodgates of credit were now open, Sir Roger
Tichborne's name at the back of a bill was security good
enough for any one, and he was able to take up his

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quarters at a fashionable hotel ; but the letters from home
were not satisfactory, and in answer to one from Lady
Tichborne which was never produced, but which must
have betrayed signs of hesitancy, the claim
the 24th of July: --

     `MY DEAR MAMMA, -- I receved your letter yesterday
morning. And was somewhat dis-appointed that you do
not acknowledge me has your son. Surely my dear
mama you must know my writing. . You have cause me
a deal of truble, but it matters not. Has I have no wish
to leave A country ware I enjoy such good health  I have
grown very stout. Yesterday one of Uncle Edwards
Old servants call on me. He has been living here a long
while. He is name Guilfoyle. He knew me has soon as
he see me . . . . You spoke of Bougle in your letter to
Cubitt. I have made enquire but cannot find him. .
I have enclose a photograph of myself, that you may see
how greatly I have emprove. Hoping my dear mama to
see alive once more. But I am afraid not has I cannot
get surficience of money to come home with. Good-bye
my dear mama and may the Blessed Maria have mersy
on your soul.'

     In connection with this pious ejaculation, for a parallel
to which the early correspondence of Roger Tichborne may
be searched in vain, it may be remarked that the claimant
had been remarried to his wife with the full rites of the
Church, at a date very shortly after the receipt by Mr.
Cubitt of the Dowager's letter mentioning that the Tich-
bornes were Roman Catholics. But to return to the
letter: Guilfoyle, who had been in Sir Edward Doughty's
service as gardener both at Upton and Tichborne, and was

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now in prosperous circumstances at Sydney, afterwards
gave a very different account of the meeting, and denied
that he ever recognised the claimant; it is clear, however,
that considerable conversation took place between them,
and that a good many Hampshire and Dorsetshire associa-
tions were called up. Nor was the claimant more accurate
in saying that he had failed to meet with Bogle.
     `Old Bogle,' as he was afterwards affectionately
termed by the British public, was a pure-bred negro,
who had been taken by Sir Edward Doughty from the
West Indies when a boy, and had remained with him till
his death as valet and factotum. He had married the
Tichborne schoolmistress, and since Sir Edward's death
had been in the receipt of an allowance from Lady
Doughty, which he was enjoying at Sydney, where he
lived with his grown-up sons. He had kept up corre-
spondence with Lady Doughty, and was well aware that
Lady Tichborne had never abandoned hope of her eldest
son. The newspapers had informed him of the reported
discovery of Sir Roger Tichborne, and of his being at the
Metropolitan Hotel, Sydney, and thither went Bogle not
many days after the interview between the claimant and
Guilfoyle. Sir Roger was out, and Bogle sat down in the
courtyard. After a short interval there came by a stout
man, who looked at the old negro seated there, and said,
` Hallo, Bogle, is that you? ' ` Yes, sir,' said Bogle, who
explained that he had come to see Sir Roger Tichborne.
` I am Sir Roger,' was the answer, ` but I have grown so
stout that you may not have recognised me.' And then
followed a conversation, in which, according to Bogle, the
claimant displayed so much knowledge of events and
persons connected with the Tichborne family, and the

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early life of Roger, that lie recognised him without the
slightest doubt as the missing baronet.
     Meanwhile, in default of a remittance from home, Sir
Roger had discharged his obligations towards both Gibbes
and Cubitt by means of bills for large sums drawn on
banks in London, and accepted by him. He had raised
money freely in other directions, and there was no reason
why the journey to England should be delayed, though
his purchase (on credit) of the Metropolitan Hotel at
Sydney for £10,000 seemed to indicate an intention of
returning to the land of his adoption. Altogether the
liabilities he had incurred during a three months' stay in
Sydney amounted to £20,000. On the 2nd of September
he sailed for Europe in the Panama with his wife, their
infant daughter, and Bogle, who henceforward was part
and parcel of his establishment.
      A fortnight after the departure of the Panama and her
precious freight, Lady Tichborne, worn out by delays and
suspense, had resolved to supply the necessary funds; and,
unaware that the money had already been raised, had
transmitted £400 to a Sydney bank. The letter to Mr.
Gibbes announcing this fact contained matter calculated
to inspire him with considerable misgivings.
     `You say,' she wrote, and this is her first definite allusion
to the facts contained in the claimant's letter of the 17th
of January, `that I do not mention anything about the
mark that he has on his left side : it is because I do not
recollect it, and I do not believe I ever saw it, but it does
not signify, as he may very well have had it without my
knowing it . . . . I think my poor, dear Roger confuses
everything in his head, just as in a dream, and I believe
him to be my son, though his statements differ from mine.

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. . . As for St. Vitus's dance, he never had that malady ;
but when he was travelling in South America his servant
wrote to me, or to Sir James's agent, Mr. Gosford, that Sir
Roger had rheumatism, and could hardly walk, but that he
was better. I think Sir Roger has mistaken one thing for
the other. I hardly like to write my ideas upon that
subject. I do it because I know his disposition thoroughly,
and it will not prevent me from recognising him for my
son though his statements differ from mine . . . . I think the
photograph very like Roger, at least to what he was when
he was twenty, always adding thirteen years to it. For
instance, he used to be slim, and was very thin, now he
has grown stouter a good deal than he was before he went
away. I have not mentioned to anybody, and I do not
mean to say anything about Brighton, as I think it might
turn people against him. But when you come we will
talk that business over, and you had better not say a word
about it to anybody, and you had better tell him not to
mention it to anybody.'
     So the mother flatly denied the story about St. Vitus's
dance, professed ignorance as to the brown mark on the
side, and was strikingly ambiguous about the Brighton card
case and the alleged promise. Moreover, she drew attention
for the first time to the remarkable physical discrepancies
between the man now on his voyage to Europe and Lieu-
tenant Tichborne of the Carabineers. The latter, according
to the universal testimony of his family, stood between five
foot eight and five foot eight and a half, exceedingly slight
built, with narrow and sloping shoulders, wiry and bony
in frame, narrow-chested and thin, with a long, narrow
face and dark, straight hair. The claimant, on the other
hand, was nearer five foot ten, big framed and burly, with

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a large, round face, and abundance of fair and rather
wavy hair. His complexion was blonde and somewhat
high coloured, the features were coarse; and though he had
not then attained the mountainous proportions which after-
wards made him a household word, he could not have scaled
much under sixteen stone. When he reached England,
his weight was recorded at twenty, and it rapidly increased.
     The travellers went first to Panama, where they trans-
shipped, and then to New York, lingering some weeks at
these places, and showing no traces of hurry. From New
York they took passage to London. On the various
vessels the claimant, who travelled as Sir Roger Tichborne,
was necessarily brought into contact with the officers and
passengers, and he failed to create a favourable impression;
every one was struck with the appalling defects in his
education, including a persistent mutilation of the aspirate.
He was conscious, however, of his deficiencies, and explained
them as disadvantages arising from the St. Vitus's dance
with which he had been afflicted as a child. With a Mr.
H. Stephens, an American newspaper correspondent,
he entered into fairly friendly relations, but otherwise he
made few acquaintances among his fellow-voyagers. At
last, on the morning of Christmas Day 1866, the steamer
worked her way up the Thames. Arrived at the docks, the
claimant asked Bogle where they should go. `Better go
to Ford's in Manchester Square,' said Bogle; `that's where
the family always go,' and to Ford's accordingly the
party proceeded.

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