opening speech and his
reply in the case for the Crown. What rendered the task the
more difficult was that his predecessors had so bungled the
cross-examination in many ways that they not only had not elicited
what they might have done, but actually, by many questions, furnished
information to the Claimant which enabled him to carry on his
imposture.]
The Tichborne trials demand a few words by way of introduction, for
although there were two trials, they were of a different character,
the first being an ordinary action of ejectment in which the Claimant
sought to dispossess the youthful heir, whose title he had already
assumed, under circumstances of the most extraordinary nature.
The action of ejectment was tried before Chief Justice Bovill at the
Common Pleas, Westminster. Ballantine and Giffard (now Lord Halsbury)
led for the plaintiff, the butcher, while on behalf of the trustees
of the estate (that is, the real heir) were the Solicitor-General
Coleridge, myself, Bowen (afterwards Lord Bowen), and Chapman Barber,
an _equity_ counsel.
I must explain how it was that I, having been retained to lead
Coleridge, was afterwards compelled to be led by him; and it is an
interesting event in the history of the Bar as well as of the Judicial
Bench.
The action was really a Western Circuit case, although the venue
was laid in London. Coleridge led that circuit and was retained. I
belonged to the Home Circuit, and had no idea of being engaged at
all for that side. I had been retained for the Claimant, but the
solicitor, with great kindness, withdrew his retainer at my request.
I was brought into the case for the purpose of leading, and no other;
but by the appointment of Coleridge to the Solicitor-Generalship in
1868, I was displaced, and Coleridge ultimately led. His
further elevation happened in this way: Sir Robert Collier was
Attorney-General, and it was desired to give him a high appointment
which at that moment was vacant, and could only be filled by a Judge
of the High Court. Collier was not a Judge, and therefore was not
eligible for the post. The question was how to make him eligible.
The Prime Minister of the day was not to be baffled by a mere
technicality, and he could soon make the Attorney-General a Judge of
the High Court if that was a condition precedent.
There was immediately a vacancy on the Bench; Collier was appointed to
the judgeship, and in three days had acquired all the experience
that the A
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