A year later, on April 23, 1873, the Claimant was arraigned before
a special jury in the Court of Queen’s Bench. The proceedings were
of a most prolix and unusual character. Practically the same ground
was covered as in the civil trial, only the process was reversed:
the Claimant having now to defend instead of to attack. Many of
the better-class witnesses, including the majority of Roger’s
brother-officers, now forsook the Claimant. There was a deal of
cross-swearing. The climax of the long trial was the production by the
defence of a witness to support the Claimant’s account of his wreck
and rescue. This was a man who called himself Jean Luie and claimed
to be a Danish seaman. With a wealth of picturesque detail he told
how he was one of the crew of the _Osprey_ which had picked up a boat
of the shipwrecked _Bella_, in which was the claimant and some of the
crew, and how when the _Osprey_ arrived at Melbourne, in the height
of the gold fever, every man of the crew from the captain downwards
had deserted the ship and gone up country. According to his story from
that time forth he had seen nothing of any of the castaways; but having
come to England in search of his wife he had heard of the trial. When
Luie was first brought into the presence of the Claimant that astute
person immediately claimed him with the greeting in Spanish “_Como
esta, Luie?_”--“How are you, Luie?” The sailor with equal readiness
recognised Orton as the man he had helped to rescue years before. All
this sounded very convincing; but it would not stand investigation.
From the beginning to end the thing was an invention; an examination
of shipping records failed to find the _Osprey_ so that she must have
escaped the notice of the authorities in every port she had entered
from the day she was launched! Of “Sailor” Luie, however, a very
complete record was established. Not only were the police able to prove
that, at the time he swore he was a seaman on board the _Osprey_,
he was actually employed by a firm at Hull; that he had never been
a seaman at all; but that he was a well-known habitual criminal and
convict only recently released on a ticket-of-leave. This made things
very awkward for the defence who made every effort to shake free from
the taint of such perjured evidence. Dr. Kenealy, seeing his dilemma,
contended that it had been concocted by Luie himself. But the damning
and unanswerable fact remained--that, by his recognition of the man,
the Claimant had acknowledged a previous acquaintance with him which he
could only have had by being privy to the fraud.
Public-domain text, read in full here on John Shaqi.
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