"I very much regret that so much of your valuable time has been
absorbed," said the Lord Chief Justice, speaking to the Tichborne
Jury, as the massive form of the Claimant vanished through the side
door, never more to enter the Court of Queen's Bench; "but it will
be a consolation to you to think that your names will be associated
in history with the most remarkable trial that has ever occurred in
the annals of England."
There was another jury outside Sir Alexander Cockburn's immediate
observation that always struck me, and I saw a good deal of it, as
not the least notable feature in the great trial that at one time
engrossed the attention of the English-speaking race. That was the
crowd that gathered outside the Courts of Justice, then still an
adjunct of Westminster Hall.
As there never was before a trial like that of the Claimant, so
there never was a crowd like this. It had followed him through all
the vicissitudes of his appeal to the jury of his countrymen, and
of his countrymen's subsequently handing him over to another jury
upon a fresh appeal. It began to flood the broad spaces at the
bottom of Parliament Street in far-off days when the case of
Tichborne v. Lushington was opened in the Sessions House, and it
continued without weariness or falling-off all through the progress
of the civil suit, beginning again with freshened zeal with the
commencement of the criminal trial.
Like the Severn, Palace Yard filled twice a day whilst the blue
brougham had its daily mission to perform, the crowd assembling in
the morning to welcome the coming Claimant, and foregathering in
the evening to speed him on his departure westward. It ranged in
numbers from 5000 down to 1000. Put the average at 3000, multiply
it by 291, the aggregate number of days which the Claimant was
before the Courts in his varied character of plaintiff and
defendant, and we have 873,000 as the total of the assemblage.
As a rule, the congregation of Monday was the largest of the week.
Why this should be, students of the manners of this notable crowd
were not agreed. Some held that the circumstance was to be accounted
for by the fact that two days had elapsed during which the Claimant
was not on view, and that on Monday the crowd came back, like a
giant refreshed, to the feast, which, by regular repetition, had
partially palled on Friday's appetite. Others found the desired
explanation in the habit which partly obtains among the labouring
classes of taking Monday as a second day of rest in the week, and
of devoting a portion of it to the duty of going down to Westminster
Hall to cheer "Sir Roger."
Probably both causes united to bring together the greater crowd of
Monday afternoons. It must not be supposed that the mob was composed
wholly or principally of what are called the working classes. When
an hon. member rose in the House of Commons, and complained of the
inconvenience occasioned to legislators by the "Tichborne crowd,"
another member observed that, relative numbers considered, the House
of Commons contributed as much to swell the throng as any other
section of the people. During the last months of the trial, if any
class predominated it was that which came from the provinces. The
Claimant was undoubtedly one of the sights of London and before his
greater attraction the traditional Monument which elsewhere--
"Lifts its tall head and like a bully lies,"
sank into absolute insignificance. Not to have seen the Claimant,
argued the London of the period unknown. Fashionably dressed ladies
and exquisitely attired gentlemen battled for front places upon the
pavement with sturdy agriculturists who had brought their wives and
daughters to see "Sir Roger," and who had not the slightest
intention of going back till they had accomplished their desire.
It came to pass that there were some two hundred faces in the crowd
familiar to the police as daily attendants at the four o'clock
festival in Palace Yard. Day after day, they came to feast their
eyes on the portly figure of "Sir Roger," and, having gazed their
fill, went away, to return again on the morrow. There was one aged
gentleman whose grey gaiters, long-tailed coat, and massive umbrella
were as familiar in Palace Yard as are the features on the clock-face
in the tower. He came up from somewhere in the country in the days
when Kenealy commenced his first speech, and, being a hale old man,
he survived long enough to be in the neighbourhood when the learned
gentleman had finished his second. At the outset, he was wont to
fight gallantly for a place of vantage in the ranks near the arch-way
of the Hall. Then, before the advances of younger and stouter
newcomers, he faded away into the background. Towards the end, he
wandered about outside the railings in Bridge Street, and, as the
clock struck four, got the umbrella as near as its natural
obstructiveness would permit to the carriage-gate whence the
Claimant's brougham was presently to issue.
At first the police authorities dealt with the assembly in the
ordinary manner, a more or less sufficient force being told off for
the duty of keeping the thoroughfare clear. It soon became manifest
that the Tichborne crowd, like everything else in connection with
the trial, required especial treatment, and accordingly a carefully
elaborated scheme was prepared. Superintendent Denning had under his
command, for the preservation of peace and order in Palace Yard and
the adjacent thoroughfares, not less than sixty men. One or two were
stationed in the justice-chamber itself, and must by the time the
verdict had been delivered have got pretty well up in the details of
the case. Others guarded the entrance-door; others lined the passage
into the yard, others were disposed about the yard itself; whilst,
after three o'clock, two strong companies stood in reserve in the
sheds that flank the entrance to the Hall. At half past three the
crowd began to assemble, building itself up upon the little nucleus
that had been hanging about all day. The favourite standpoint,
especially in the cold, uncertain winter weather that marked the
conclusion of the trial, was inside Westminster Hall, where the
people were massed on the far side of a temporary barricade which
the Tichborne case called into being, the railing of which was worn
black by the touch of the hands of the faithful.
Outside, in the yard, the crowd momentarily thickened till it formed
a dense lane, opening out from the front of the Hall, and turning to
the left down to the south carriage-gate. The railings in Bridge
Street and St. Margaret's Street were banked with people, and ranks
were formed on the pavement in front of the grass-plot. At a quarter
to four the policemen under the shed received the word of command,
and marched out into St. Margaret's Street, some filing off to take
charge of the gates, whilst the rest were drawn up on the pavement
opposite and at the corner of Bridge Street, with the mission of
preventing rushes after the Claimant's carriage as it drove through.
A few minutes later the distinguished vehicle itself--a plain,
dark-blue brougham, drawn by a finely bred bay mare--drove into the
yard, and, taking up its position a little on one side of the entrance
to the Hall, became the object of curious and respectful consideration.
As the great clock boomed four strokes, the doors of the Court opened,
and the privileged few who had been present at the day's proceedings
issued forth.
The excitement increased as the Court emptied, culminating when,
after a brief lull, the Claimant himself appeared, and waddled down
the living lane that marked the route to his carriage. There was
much cheering and a great amount of pocket-handkerchief waving,
which "Sir Roger" acknowledged by raising his hat and smiling that
"smile of peculiar sweetness and grace" which Dr. Kenealy brought
under the notice of the three judges and a special jury. As the
Claimant walked through the doorway, closely followed by the
Inspector, the policemen on guard suddenly closed the doors, and
the public within Westminster Hall found themselves netted and
hopelessly frustrated in what was evidently their intention of
rushing out and sharing the outside crowd's privilege of staring
at the Claimant, as he actually stepped into his carriage.
The outside throng in Palace Yard, meanwhile, made the most of
their special privilege, crowding round "Sir Roger" and cheering
in a manner that made the bay mare plunge and rear. With the least
possible delay, the Claimant is got into the brougham, the door is
banged to, and the bay mare is driven swiftly through the Yard, the
crowd closing in behind. But when they reach the gates, and essay
to pass and flood the streets beyond, where the gigantic umbrella
of the aged gentleman looms uplifted over the shoulders of the line
of police like the section of a windmill sail, the iron gates are
swung to, and this, the second and larger portion of the crowd, is
likewise safely trapped, and can gaze upon the retreating brougham
only through iron bars that, in this instance at least, "do make a
cage." There are not many people outside, for it is hard to catch
even a passing glimpse of the occupant of the carriage as it drives
swiftly westward to Pimlico, finally pulling up in a broad street of
a severely respectable appearance, not to be marred even by the near
contiguity of Millbank convict prison.
Here also is a crowd, though only a small one, and select to wit,
being composed chiefly of well-dressed ladies, forming part of a
band of pilgrims who daily walked up and down the street, waiting
and watching the outgoing and incoming of "Sir Roger." They are
rewarded by the polite upraising of "Sir Roger's" hat, and a further
diffusion of the sweet and gracious smile; and having seen the door
shut upon the portly form, and having watched the brougham drive
off, they, too, go their way, and the drama is over for the day.
But the crowd in and about Palace Yard have not accomplished their
mission when they have seen the blue brougham fade in the distance.
There is the "Doctor" to come yet, and all the cheering has to be
repeated, even with added volume of sound. When the Claimant has
got clear away, and the crowd have had a moment or two of
breathing-time, the "Doctor" walks forth from the counsels'
entrance, and is received with a burst of cheering and clapping
of hands, which, "just like Sir Roger", he acknowledges by raising
his hat, but, unlike him, permits no trace of a smile to illumine
his face. Without looking right or left, the "Doctor" walks
northward, raising his hat as he passes the caged and cheering
crowd in Palace Yard. With the same grave countenance, not moved in
the slightest degree by the comical effect of the big men in the
crowd at his heels waving their hats over his head, the "Doctor"
crosses Bridge Street, and walks into Parliament Street, as far as
the Treasury, where a cab is waiting. Into this he gets with much
deliberation, and, with a final waving of his hat, and always with
the same imperturbable countenance, is driven off, and Parliament
Street, subsiding from the turmoil in which the running, laughing,
shouting mob have temporarily thrown it, finds time to wonder
whether it would not have been more convenient for all concerned if
the "Doctor's" cab had picked him up at the door of Westminster Hall.
Slowly approached the end of this marvellous, and to a succeeding
generation almost incredible, and altogether inexplicable,
phenomenon. It came about noon, on Saturday, the final day of
February, 1874.
A few minutes before ten o'clock on that morning the familiar bay
mare and the well-known blue brougham--where are they now?--appeared
in sight, with a contingent of volunteer running footmen, who
cheered "Sir Roger" with unabated enthusiasm. As the carriage passed
through into the yard, a cordon of police promptly drew up behind it
across the gateway, and stopped the crowd that would have entered
with it. But inside there was, within reasonable limits, no
restraint upon the movements of the Claimant's admirers, who lustily
cheered, and wildly waved their hats, drowning in the greater sound
the hisses that came from a portion of the assemblage. The Claimant
looked many shades graver than in the days when Kenealy's speech
was in progress. Nevertheless, he smiled acknowledgment of the
reception, and repeatedly raised his hat. When he had passed in,
the throng in Palace Yard rapidly vanished, not more than a couple
of hundred remaining in a state of vague expectation. Westminster
Hall itself continued to be moderately full, a compact section of
the crowd that had secured places of vantage between the barricade
and the temporary telegraph station evidently being prepared to see
it out at whatever hour the end might come.
For the next hour there was scarcely any movement in the Hall, save
that occasioned by persons who lounged in, looked round, and either
ranged themselves in the ranks behind the policemen, or strolled
out again, holding to the generally prevalent belief that if they
returned at two o'clock they would still have sufficient hours to
wait. In the Yard a thin line extended from the side of the Hall
gateway backwards to the railings in St. Margaret's Street, with
another line drawn up across the far edge of the broad carriage-way
before the entrance. There was no ostentatious show of police, but
they had a way of silently filing out from under the sheds or out
of the Commons' gateway in proportion as the crowd thickened, which
conveyed the impression that there was a force somewhere about that
would prove sufficient to meet any emergency. As a matter of fact,
Mr. Superintendent Denning had under his command three hundred men,
who had marched down to Westminster Hall at six o'clock in the
morning, and were chiefly disposed in reserve, ready for action as
circumstances might dictate.
At half-past eleven, there being not more than three or four hundred
people in Palace Yard, a number of Press messengers, rushing
helter-skelter out of the court and into waiting cabs, indicated the
arrival of some critical juncture within the jealously guarded
portals. Presently it was whispered that the Lord Chief Justice had
finished his summing up, and that Mr. Justice Mellor was addressing
the jury. A buzz of conversation rose and fell in the Hall, and the
ranks drew closer up, waiting in silence the consummation that could
not now be far distant.
The news spread with surprising swiftness, not only in Palace Yard,
but throughout Bridge Street and St. Margaret's Street, and the
railings looking thence into the yard became gradually banked with
rows of earnest faces. Little groups formed on the pavement about
the corners of Parliament Street. Faces appeared at the windows of
the houses overlooking the Yard, and the whole locality assumed an
aspect of grave and anxious expectation. A few minutes after the
clock in the tower had slowly boomed forth twelve strokes it was
known in the Bail Court, where a dozen rapid hands were writing out
words the echo of which had scarcely died away in the inner court,
that the Judges had finished their task, and that the Jury had
retired to consider their verdict. It was known also in the lobbies,
where a throng of gowned and wigged barristers were assembled,
hanging on as the fringe of the densely packed audience that sat
behind the Claimant, and overflowed by the opened doorway. Thence
it reached the crowd outside, and after the first movement and hum
of conversation had subsided, a dead silence fell upon Westminster
Hall, and all eyes were fixed upon the door by which, at any moment,
messengers might issue with the word or words up to the utterance of
which by the Foreman of the Jury the great trial slowly dragged its
length.
Half an hour later the door burst open, and messengers came leaping
in breathless haste down the steps and across the Hall, shouting as
they ran,--
"Guilty! Guilty on all counts!" The words were taken up by the
crowd, and passed from mouth to mouth in voices scarcely above a
whisper. It was a flock of junior barristers, issuing from the
court, radiant and laughing, who brought the next news.
"Fourteen years! Fourteen years!" they called out.
This time the crowd in Westminster Hall took up the cry in louder
tones, and there was some attempt at cheering, but it did not
prevail. The less dense crowd in the Yard received the intelligence
without any demonstration and after a brief pause made off with one
consent for the judges' entrance in St. Margaret's Street, where,
peradventure, they might see the prisoner taken away, or at least
would catch a glimpse of the judges and counsel.
From this hour up to nearly four o'clock the crowd, in numbers far
exceeding those present at the first intimation of the verdict and
sentence, hung about St. Margaret's Street and Palace Yard waiting
for the coming forth of the prisoner, who had long ago been safely
lodged in Newgate. They did not know that as soon as the convict
was given in charge of the tipstaff of the court he was led away by
Inspector Denning, along a carefully planned and circuitous route
that entirely baffled the curiosity of the waiting crowd. Through the
Court of Exchequer the prisoner and his guards went, by the members'
private staircase, across the lobby, along the corridor, through the
smoking-room into the Commons Courtyard, where a plain police
omnibus was in waiting with an escort of eleven men. In this the
prisoner took his seat, and was driven through the Victoria Tower
gate en route for Newgate. He accompanied his custodians as quietly
as if they were conducting him to his brougham, and only once broke
the silence of the journey to Newgate.
"It's very hot," he said, as he panted along the passages of the
House of Commons, "and I am so fat."