the evidence for the defence, and after the Crown
Prosecutor had made his speech, in which he pointed out the strong
evidence against the prisoner, Calton arose to address the jury. He was
a fine speaker, and made a splendid defence. Not a single point escaped
him, and that brilliant piece of oratory is still remembered and spoken
of admiringly in the purlieus of Temple Court and Chancery Lane.
He began by giving a vivid description of the circumstances, of the
murder--of the meeting of the murderer and his victim in Collins Street
East--the cab driving down to St. Kilda--the getting out of the cab of
the murderer after committing the crime--and the way in which he had
secured himself against pursuit.
Having thus enchained the attention of the jury by the graphic manner
in which he described the crime, he pointed out that the evidence
brought forward by the prosecution was purely circumstantial, and that
they had utterly failed to identify the prisoner in the dock with the
man who entered the cab. The supposition that the prisoner and the man
in the light coat were one and the same person, rested solely upon the
evidence of the cabman, Royston, who, although not intoxicated,
was--judging from his own statements, not in a fit state to distinguish
between the man who hailed the cab, and the man who got in. The crime
was committed by means of chloroform; therefore, if the prisoner was
guilty, he must have purchased the chloroform in some shop, or obtained
it from some friends. At all events, the prosecution had not brought
forward a single piece of evidence to show how, and where the
chloroform had been obtained. With regard to the glove belonging to the
murdered man found in the prisoner's pocket, he picked it up off the
ground at the time when he first met Whyte, when the deceased was lying
drunk near the Scotch Church. Certainly there was no evidence to show
that the prisoner had picked it up before the deceased entered the cab;
but, on the other hand, there was no evidence to show that it had been
picked up in the cab. It was far more likely that the glove, and
especially a white glove, would be picked up under the light of the
lamp near the Scotch Church, where it was easily noticeable, than in
the darkness of a cab, where there was very little room, and where it
would be quite dark, as the blinds were drawn down. The cabman,
Royston, swore positively that the man who got out of his cab on the
St. Kilda Road wore
|