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Law in Popular Culture collection

THE TICHBORNE CASE

(4) THE GROWTH OF THE SNOWBALL

     Mr. Holmes's letter to the Times had created a wide-
spread sensation, especially in the vicinity of Tichborne
itself, and no one was more impressed than old Mr.

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Hopkins. We have seen that during the resettlement
of the Tichborne estates in 1850 this gentleman had for
some months been brought into close, though not alto-
gether friendly, relation with Roger Tichborne, but other-
wise his acquaintance with him had been very slight, and
he had no precise recollection of his appearance. On the
succession of Sir James in 1853 the management of the
family affairs had been withdrawn from him, somewhat to
his dudgeon; and Roger's will, by putting an end to a
term of years of which he was trustee under the settle-
ment, had severed the last link which bound him to the
family. His interest, however, in the affairs of his former
clients remained unabated. The arrival of  ' Mr. Taylor'
at The Swan had excited a curiosity, which was only
heightened by the glimpse of the stranger's muffled form
obtained in the roadway by Baigent and himself. He
was resolved to see whether his opinion would allow him
to corroborate Lady Tichborne, and Baigent was again
called into counsel.
     Mr. Baigent was a man some few years Roger Tich-
borne's senior, who had at one time, prior to the
latter's entrance into the army, seen a good deal of him,
and had given him drawing lessons. He was an anti-
quarian and genealogist of no mean attainments, and had
devoted much of his lifetime to collecting voluminous
materials for the compilation of a history of the Tichborne
family, with whose members he enjoyed considerable
intimacy, until his marriage with a distant connection of
it had brought about a coolness. This, however, did not
prevent him from corresponding with Lady Doughty
about the impending arrival of the claimant; and while
the latter was still on the voyage from Australia, he had

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obtained from Cater, the baker from Wagga Wagga, a full
description of his personal appearance, which he had com-
municated to Mr. Hopkins, and which, together with other
circumstances, had rendered them both somewhat sceptical.
The result of their present deliberations was an invitation to
the claimant to meet them at dinner at Mr. Hopkins' house,
and the invitation was accepted in the following letter:-

     'MY DEAR FRIEND, -- you will no doubt think it strange
that i did not call on you when at Alresford. I should
have done so with pleasure had I not been under a
promise to Mamma not to converce with anybody i knew
until I had seen her. i now know her reasons, and am
very glad i keeped my promice. i suppose you have
heard how i have been served by Gosford and others
since i have been away. i should not have gone to
Alresford, only i thought nobody would know me, as i
had grown so stout, so i thought i would have a quite
look round. i know you and Dr. lipscombe are old
friends, so praps you will kindly tell him the reason i did
not call on him likewise. if Mamma does not send for
me to meet her, most likely i will come down with Mr.
Holmes to-morrow. hoping, my dear Hopkins, the old
friendship that once existed between us may again be
renewed and that I may have the pleasure of again re-
ceving your advice how to act. I suppose you remember
having heard of a Miss Bellow in ireland. Memo only.
hoping to have the pleasure of meeting you before long.-
I remain, yours faithfully, R. C. D. TICHBORNE'

     On the 1st of February the claimant, accompanied by
Mr. Holmes, arrived at The Swan from Croydon, where
Rous had been spending the previous day with him. A

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long chat with Mr. Hopkins' old clerk may not have been
without its uses on the eve of an interview with his
former master. The details of the dinner party will best
find its place on a subsequent page,1 but the result may be
given in the words of the affidavit sworn by Mr. Hopkins
a few months afterwards:-

     'In a conversation of two or three hours' duration which
I had with him on that occasion, he evinced an intimate
acquaintance with the state of the garden and grounds
about Tichborne House before the alterations, since the
year 1853 ; a knowledge of the name of a particular
cottage at Tichborne and its inmates; of the names of his
deceased uncles, and of their wives and families, and of
various particulars relating to them ; a perfect recollection
of his being in my house in 1846, and the circumstances
leading to it; a recollection of interviews with me when
he was my client in 1849, 1850, 1851, and 1852. These
and other facts which transpired in conversation satisfied
me that he was in fact my old client, Mr. Roger Charles
Tichborne.'

     Mr. Hopkins did not allow the grass to grow under
his feet, and the next morning wrote to Mr. Henry Danby
Seymour and Lord Arundel of Wardour his conviction
that the real Sir Roger had returned; he despatched a
similar letter to Mr. Cullington, and gave an invitation
to the claimant, who was still at The Swan, to come and
stay with him as his guest the following week.
     What convinced Mr. Hopkins was quite enough for
Mr. Baigent also, and from that moment he was ranked
amongst the most active and zealous of the claimant's
supporters; but a disagreeable incident was destined to

1 P. 309, infra.

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mar his satisfaction the very day after the dinner-party.
Mr. Baigent was a devout Roman Catholic; and the 3rd
of February being a day of obligation, he had gone over
to the chapel at Tichborne, where he met Mrs. Greenwood,
who charged him to bring Roger over to Brookwood that
afternoon. He hastened back to The Swan with the
natural conviction that the claimant would embrace the
opportunity of a meeting with his cousin. On the con-
trary, he pleaded illness, and much to his disappointment,
Mr. Baigent had to appear at Brookwood minus the
expected guest, but plus the following letter:-

     'MY DEAR COUSING KATE, -- I am very sorry i am not
able to come and see you before i go. my head is so bad
that i am not fit to come. Mr. Baigent is very much
annoyed about it, but i am coming here to spend a fue
day at the end of the week, and i shall then have the
pleasure of meeting you again. You will excuse me for
not coming has it will only be a fue day before i am with
you. I have an invitasion from Mr. Hopkins to spend a
fue day with him, so i shall be down about Thursday.
Give my regard to Cousing William and G. I shall soon
be down again and have the pleasure of a hunt with my
old friend George. With my best regards my dear Cousin
to you and your family.-I remain your affectionate
Cousin,
R. C. TICHBORNE.'

      What Mrs. Greenwood's feelings must have been on
receiving this curious epistle may perhaps best be pictured
if I give the letter which Roger had written to her on the
6th of December 1852 from Upton, the last he wrote on
English soil.

` MY DEAR COUSIN, -- I shall not, I am sorry to say, be

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able to go and spend a day or two at Brookwood, as you
had the kindness to invite me the last time I had the
pleasure of seeing you. I shall be obliged to go to Paris
at the beginning of next week, where I shall remain, in all
probability, till about a week or ten days before I embark
for South America. My time is in consequence so much
taken up with one thing or other, that it will be, I regret
to say, impossible for me to leave Upton this week. I
should feel much obliged if, when you have a moment to
spare, you favoured me with a letter. Though I shall be
far away, it will always give me much pleasure, during my
wanderings in South America, to hear from you or Colonel
Greenwood. I certainly will answer your letters (though
you must excuse my bad handwriting), and give you an
account, if you feel any interest in it, what kind of sport
I get at the top of the Andes, and in the middle of the
forest of South America.-- Pray remember me very kindly
to Colonel Greenwood, and believe me, my dear Cousin
your affectionate Cousin,          R. C. TICHBORNE.'

     The claimant's absence from Alresford was a brief one,
but his anticipations of a hunt with his old friend George
were never destined to be gratified. On the 8th of
February he came down to stay with Mr. Hopkins, and
remained there as an honoured guest until the 13th. The
reception he met with from the neighbours had a further
effect upon his fortunes, but for the moment we will follow
him in his relations with the various branches of Roger
Tichborne's family.
     Mr. Hopkins was a shrewd old lawyer, and must have
seen what could hardly have escaped the notice of persons
of less penetration, that unless the claimant could obtain

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the adherence of some other of his relatives, the effect of
his mother's recognition would be somewhat discounted,
and we may conjecture that it was at his instigation that
the following letter was written to Mr. Henry Danby
Seymour:-

     'MY DEAR UNCLE, You will excuse me not commu-
cating with you before. I have been so shamefully treated
since I have arrived in England that I did not know whose
where my frinds. I am staying with my old frind Mr.
Hopkins for a fue day, And if you could come down I
would so much like to see you. I am very glad to hear
you are a member for Poole. I suppose you remember
the time  they wanted me to stand for it. -- Hoping my
dear Uncle to see you before long and renew that old
friendship that once existed between us, I remain, your
affectionate Nephew,       R. C. TICHBORNE.'

     Apart from peculiarities of orthography and diction,
there were two things in this letter which could not fail
to attract Mr. Seymour's attention. One was the use of
the word `uncle,' a term never employed by Roger, for
they had been ` Henry' and ` Roger ' to one another all
their lives; the other was the allusion to the Poole election.
Roger, as his letters prove, had gone down in 1852 to
assist Mr. Seymour in his candidature, but there was no
record that any one had ever dreamt of asking him to come
forward himself, and the fact was highly improbable.
     Mr. Seymour at once acceded to the suggestion, for the
difficulty hitherto experienced by the family had been
how to obtain a sight of the claimant, and he brought with
him, without giving notice of his intention, a man of about
forty years of age, named William Burden, who now

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held a position of trust in the Customs' service, and as
a young man had been valet to Sir James Tichborne. In
this capacity he had known Roger well, and on his last
visit to Paris in 1853 had nursed him in an attack of
illness. They went straight to The Swan, and from one of
its windows saw Mr. Hopkins walking along the street
with a man whom neither of them recognised. Hastening
out they caught them on Mr. Hopkins's doorway. Mr.
Seymour touched the latter on the shoulder, and he
turned round, and without pausing for a moment went
through the ceremony -- hardly necessary one would have
thought -- of introduction. `This is Sir Roger Tichborne,
Mr. Danby Seymour.' The claimant was thus helped
out of any difficulty he may have been in, but he was
posed by Mr. Seymour pointing to Burden and saying, ' If
you are Roger Tichborne, you will know this gentleman.'
The claimant hesitated, and then said it was his `Uncle
Nangle,' an old gentleman who, though still alive, was over
seventy years of age.
     They all went in, and a long conversation took place.
Mr. Seymour began in French, but the claimant explained
that he had forgotten the language, and the general result
of the interview was that at the close Mr. Seymour politely
said that he was unable to recognise the claimant in any
way, but he invited him to come and see his sisters, Lady
Rawlinson and Mrs. Bouverie, and an appointment was
made to meet them the next day in Upper Grosvenor
Street.
     Two incidents in the course of this meeting deserve
notice. In the first place the claimant produced a helmet
which had been worn by Roger in the Carabineers, and
sent down from Tichborne House where it had been pre-

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served. The claimant essayed to put it on, but it was
much too small, and even when an old pad of newspaper
had been removed from the lining, he could barely get his
head into it. The other incident was more striking. As
the four men were sitting round the table, Burden suddenly
produced an envelope addressed to himself, and asked the
claimant if he knew the writing. He looked at it care-
fully and said he did not; whereon Mr. Hopkins, casting
a glance over it, exclaimed, `Good God, that is your father's
handwriting!'
     On the 13th the claimant left Alresford, not to keep his
appointment at Upper Grosvenor Street, which remained
unfulfilled,to the end of time, but for Croydon, whence he
wrote to Lady Tichborne :--

   ` . . . MY DEAR MAMA, -- I have meet with many friends
at Alresford that knew me well and have receved a very
welcome reception from them. the Alresford church bells
rung very merrily when I arrive. I receved a visit from
Col. Lushington at Mr. Hopkins. He lunch with us at
Hopkins the next day with Mrs. Lushington Hopkins and
myself then returned with them to Tichborne. I pointed
out to the Col. the picture that belong to me. The Col.
found my Helmet and I put it on. it fit me now has well
has ever. of cause the Col. is perfectly satisfied and has
acted very kindly and told me he would give up the house
at any time I wanted it . . . . I have receved a very kind
letter from Mr. scott and Mr. and Mrs. Mark. I have
seen Henry Seymore but .he had been so poisoned by
Cullington and Gosford that at first he would not own me.
Mr. Hopkins very kindly had a long talk with him and so
did I. of cause he soon altered his mind a little.'

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     That week Lady Tichborne arrived in England, and at
once took up her abode with the claimant and his family
at Croydon, where she remained until the end of April;
and it was during her visit that the final efforts of the
Tichborne family to obtain an amicable meeting with him
were made. There had been the usual sparring between
the solicitors, Mr. Holmes on one side and Messrs.
Dobinson and Geare, the London agents of Mr. Frederick
Bowker, on the other. In a letter of the 22nd of February
the latter pointed out that `when Mr. Roger Charles Tich-
borne left this country he was twenty-four years of age;
he had lived on the most intimate and affectionate and
familiar terms with numerous friends and relatives: there
are scores of persons now living who could identify him to
a certainty. The great majority of his relatives have no
pecuniary interest in the issue whether he be dead or
living; they are persons of position and honour, irrespec-
tive of mere fortune, far above the possibility of being
influenced by any other than honourable motives.' They
added that it was not a question of remote or intricate
pedigree, but of mere personal identity, the times being of
the most recent date; and they concluded by formally
demanding a meeting between the claimant and the
relatives and friends, with whom Roger lived and asso-
ciated from early youth to the time of his leaving the
country. He was at liberty to surround himself with
every protection and aid that might be thought necessary
-- counsel, solicitor, and friends -- and to choose his own
time and place.
     Mr. Holmes in reply rode the high horse, said that the
recognition by the dowager, by Mr. Hopkins, by Mr.
Baigent, and others, had fully established his client's

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identity, and he harped on the conduct of the family,
declaring that since his arrival in England they had
hunted the claimant, caused his footsteps to be. traced, and
broken in upon his privacy. However, it was arranged
that Mr. and Mrs. Radcliffe should have an interview with
the claimant in his house in Croydon, and on the 8th of
March they went down there, bringing with them Mrs.
Towneley. Arrived at Essex Lodge, Mrs. Radcliffe was
left outside in the cab, and her cousin went in with Mr.
Radcliffe. The meeting began unpleasantly: the dowager
was known to be in the house, and as the claimant
emerged from the back drawing-room, Mr. Radcliffe,
desirous that he should not be prompted, shut the door
behind him, to his great annoyance. The claimant com-
menced by taking Mrs. Towneley for Mrs. Radcliffe, and
addressed her as `Kattie'; for the moment he was not
undeceived, and Mr. Radcliffe, saying that there was an-
other cousin outside, fetched in his wife, to whom the
claimant, failing to recognise the woman from whom
Roger had parted heartbroken fourteen years before,
bowed, saying, `How are you, Lucy ?' This mistake was
explained to him, and the visitors proceeded to examine
him on family incidents, names and dates and places. He
utterly failed to satisfy them, but while Mrs. Towneley
was absolutely convinced that the man was not Roger,
and Mr. Radcliffe was strongly of the same opinion, Mrs.
Radcliffe was reluctant to pronounce a definite verdict
without further investigation; there was something about
the voice that reminded her of Roger, a sort of French
accent, which, whether assumed or not, was clearly percep-
tible, and there was a suspicion of broken English.
     Accordingly Mr. Radcliffe wrote, the same evening, to

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Mr. Holmes, expressing his regret that the party did not
feel satisfied with their interview, and saying that some
further conversation would be required before they could be
certain that it was Roger Tichborne. An appointment
was accordingly made for the 12th, and it was agreed that
Lady Doughty and the Radcliffes should meet the claimant
at Mr. Holmes's house. But Lady Doughty was unable to
attend, and Mrs. Radcliffe missed the train, and in their
stead came Mrs. Towneley with Mrs. Nangle and her
daughter. Mr. Holmes was out when they arrived, and
Mr. Radcliffe went off to fetch the claimant from his
house close by, while the ladies sat down in the drawing-
room. Mr. Radcliffe brought the claimant back with him,
and in the cab the latter 's memory seemed to have im-
proved, and though on the last occasion he had denied
ever meeting Mr. Radcliffe before, he now alluded to their
having been together at Burton-Constable and elsewhere.
In the house, however, the meeting was a greater fiasco
than before: the claimant was utterly nonplussed by the
presence of Mrs. and Miss Nangle, for whom he was not
prepared, though Mrs. Nangle, as a resident in Paris, had
known Roger from babyhood, and her daughter had been
one of the party in the days of his romance with Miss
Doughty. Asked by Mrs. Nangle who she was, he said,
` I don't know, I don't know,' and when spoken to in
French he made no response except once to ejaculate, `Oui,
Madame,'. in a very un-Parisian accent, and to keep
muttering that `this was not in the contract.' Then
Mrs. Towneley called him an impostor, and he approached
Mr. Radcliffe in a menacing way as if about to strike
him.
     The meeting broke up, and on returning to London Mr.

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Radcliffe wrote to Mr. Holmes to say that all those who
had been down to Croydon were thoroughly convinced
that his client was not Roger Tichborne, not only because
they failed to recognise him, but because he evidently
did not recognise his nearest relations. Mr. Holmes
replied that `the way in which you and the three ladies
behaved for the very few moments Sir Roger Tichborne
condescended to see you was an entire breach of the
arrangement.' Why any arrangement hemmed in with
conditions should have been necessary for a meeting
between such near relatives is not very apparent on the
supposition that the real Roger was returned, but it
certainly was unfortunate that the suggestion as to
presence of solicitor or counsel was not carried out, for
the claimant's version, years afterwards, of what took
place at the interview differed very materially from that
given by the rest of the party.
     We must now go back to his second visit to Alresford
when he stayed there as Mr. Hopkins's guest. During
that period, from the 8th to the 13th of February, Colonel
Lushington, the lessee of Tichborne Park, came over to
luncheon; he had never known Roger, but was satisfied
by Mr. and Mrs. Hopkins that the real baronet was under
their roof, and treated him with the utmost civility. He
invited him to come and stay at the house, and, as we
have seen, sent over the old dragoon helmet and other
accoutrements. The invitation was accepted, and later in
the month the claimant found himself as a visitor in the
home of the Tichbornes, accompanied by the invaluable and
assiduous Baigent, and astonishing his host by the know-
ledge he displayed of the family pictures and other `objects
of bigotry and virtue.' The news spread through the county,

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the freely expressed opinions and active partisanship of Mr.
Hopkins carried much weight with it, and a considerable
number of the Hampshire gentry came forward to recog-
nise Sir Roger, conspicuous among them being Mr. James
Winter Scott of Rotherfield and Mr. Guildford Onslow, M.P.
Another name, destined to a sinister association with the
darkest chapter in the story, was that of Mr. Bulpett, the
local banker, who gave practical evidence of his sincerity
by placing the sum of £500 to the, claimant's credit. Nor
was the dowager idle: she wrote to Sir Frederick Clifford
Constable, an old friend of the family, who consented to
see the claimant at his seat near Hull, and who, after some
hesitation at first, was convinced of the latter's identity
by the acquaintance he displayed with the circumstances
of a visit paid by Roger Tichborne to Burton-Constable.
Later on, in May, Mr. Anthony Biddulph, a connection
of the Tichbornes, who had hitherto joined in denouncing
the new-comer as an impostor, was induced to come down
to Croydon, and returned a strong convert.
     Long before this, however, an important development
had taken place. A former soldier servant of Roger's, by
name Carter, had left the army, entered domestic service,
and was just then at a loose end. Seeing in the papers
an account of the triumphant entry into Alresford of the
long absent baronet, he wrote asking to be taken back into
his employment, and was received at Croydon in that
capacity on the 25th of February. Early in March
another old trooper, named M'Cann, who had also acted
as servant to Roger in the regiment, but was now ill and
past all work, was taken into the establishment at Essex
Lodge and accommodated with a lodging there. The
claimant was now in touch with men who had been in

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the Carabineers throughout the whole of Roger Tichborne's
military career, and there commenced a general hunting
up of all the soldiers who had served with and under him.
The Carabineers were stationed at Leeds, and a pilgrimage
thither was undertaken; there were a good many old
members of the Regiment at Sandhurst, and to Sandhurst
the claimant and his military followers repaired. As
miracles were wrought at medieval shrines, so every day
and from all parts of the country the claimant was enabled
to report to the dowager wonderful instances of recogni-
tions. Under what circumstances they were brought about
we may see in the sequel; but it was not only by the
troopers and non-commissioned officers that the claimant
was acknowledged. A considerable body of those who
had held commissions with him, some of whom had now
attained high rank in the service,were prepared to swear
that their old comrade was before them. On the other
hand there were many others, including those who had
been brought into the most intimate relations with Roger,
who stoutly affirmed the contrary. The evidence of the
believers was embodied in affidavits, after being taken
down in the first instance by Rous or Baigent and
polished up and occasionally strengthened by the deft
hands of equity draftsmen. A similar process was
adopted with the Alresford tradesmen and Tichborne
villagers, and regular levées were held at The Swan, where
the cloud of witnesses was regaled from the tap till their
turn came to enter the temporary sanctum of the law.
The affidavits thus procured were printed in book form
and largely distributed amongst those whose adhesion
was hoped for and whose memories it was desirable to
stimulate.

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     Towards the end of April Lady Tichborne quitted
Croydon: the reason stated in her affidavit being that
it did not agree with her health. She told one of her old
Paris friends, however, that she could not stand the life
there -- too much noise, too many people, too much ex-
pense ; and indeed it was no place for a delicately nurtured
lady. Decayed troopers, cast-off serving men, money-
lenders, solicitors' clerks, all used it as a house of call, and
a coarse but profuse hospitality was exercised towards all
comers. With the claimant, however, she maintained a
constant correspondence, and she exercised a never-failing
generosity towards him. Some of his letters to her are
worthy of perusal:-

     'April 20.--MY DEAR MAMMA, -- I refrained from
writing untill I had seen the Dr. He says I am a great
deal better. But must not leave my bed for several days
yet. I hope my dear mamma you have found some of
the letters.'

     `April 29.-- . . . I have sent both horses to be sold.
My reason for doing so is that I knew they would be
seized for Cubitt Bill. The parties holding the Bill Has
promiced not to molest me, as it would be against
their own entrets, so I thought it would be best to sell
them at once . . . . I hope my dear mamma you are better
than you ware. I am a great deal better now that it
busted. Of cause I am in less pain now.'

    ` May 11.-- . . . I saw Mr. Holmes last night. He says
he will be ready to file the Bills on Tuesday. But he
wants five hundred pounds before he can file them . . . . I
have got about thirty pounds mama dear. But that you

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see mama dear is not sufficient. Next Tuesday is mary
Birth day, and Mr. Long Father is coming to dine with us,
so do try and come mama dear. You know mama dear it
of great importance that these gentlemans come to see me.
Because it gets all over Hampshire.'

     `May 22.- . . . I spoke to Mr. Holmes about you
agoing to call on him to-day . . . . I receved a letter from
Talbot constable yestrday . . . . Will you my dear mama
answer Talbot letter for me. I don't lick the way he
writes, I think he has been tampered with by the other
partis. We must be very careful my dear mama. Now my
case is so strong. If he was to come up to be Godfather
to my son and then say he did not know me it would
injure my case very much.'

     `July 2.-We have succeeded first class since we been
here (Alresford). I met Major Haywood here yesterday.
He called on me with Mr. Sumner, the Bishop of Win-
chester son. He recognised me at once and made an
affidavid at once. I likewise was very successful at Sand-
hurst has I met several there who I had not seen before.
I had them down here and they had their milatary clothes
on, and I think they thougt I was agoing to take the
town.'

     This day or two at The Swan, with its `milatary' parade
and swearing of ` affidavids,' appears to have been not
inexpensive, for in a letter dated the 4th of July the
claimant wrote: ` It cost me very near all my £50 at
Alresford this trip'; but he seems to have got his money's
worth in affidavits. One more letter must suffice:-

     'July 28.-I shall be in London all day to-morrow pre-

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paring for my examination on Tuesday . . . . It appears
Elizaberth did not write the letter as Mary says. But I
have the letter. and she wrote one to you. so we can
compare them and see.'
     Leaving aside all questions of spelling and punctuation,
there are one or two points in these letters that should be
noticed. In the first place, there are the allusions to the
claimant's health. From the moment that he had aban-
doned the poverty and privations of his colonial life a
decided change for the worse had manifested itself in his
physical condition. He had increased enormously in
bulk, turning the scale at five-and-twenty stone; riotous
living and debauchery had played havoc with him, he was
subject to constant attacks of erysipelas in the legs, and
was fast becoming a mass of disease due to his coarse
excesses. The extracts also contain allusions to his
pecuniary difficulties, and others left unquoted paint the
desperate financial straits that he was in. Money had to
be borrowed in all quarters, and often at most usurious
rates -- there was one loan of £150 for which he gave
£1000. Lady Tichborne's allowance -- all and more than
the poor lady could spare -- was insufficient to maintain
the establishment at Croydon swollen by the gang of para-
sites; the trips all over England in search of witnesses,
identification, and affidavits were a costly item, and to
them had now to be added the expenses of a gigantic law-
suit.

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