e woman Rawlins further proved that she left the
prisoner at the corner of Bourke and Russell Streets at twenty-five
minutes to two o'clock, which was five minutes before Royston drove his
cab up to the St. Kilda Police Station, with the dead body inside.
Finally, the woman Rawlins proved her words by stating that she saw
both the Post Office and Town Hall clocks; and supposing the prisoner
started from the corner of Bourke and Russell Streets, as she says he
did, he would reach East Melbourne in twenty minutes, which made it
five minutes to two on Friday morning, the time at which, according to
the landlady's statement, he entered the house.
All the evidence given by the different witnesses agreed completely,
and formed a chain which showed the whole of the prisoner's movements
at the time of the committal of the murder. Therefore, it was
absolutely impossible that the murder could have been committed by the
man in the dock. The strongest piece of evidence brought forward by the
prosecution was that of the witness Hableton, who swore that the
prisoner used threats against the life of the deceased. But the
language used was merely the outcome of a passionate Irish nature, and
was not sufficient to prove the crime to have been committed by the
prisoner. The defence which the prisoner set up was that of an ALIBI,
and the evidence of the witnesses for the defence proved conclusively
that the prisoner could not, and did not, commit the murder. Finally,
Calton wound up his, elaborate and exhaustive speech, which lasted for
over two hours, by a brilliant peroration, calling upon the jury to
base their verdict upon the plain facts of the case, and if they did so
they could hardly fail in bringing in a verdict of "Not Guilty."
When Calton sat down a subdued murmur of applause was heard, which was
instantly suppressed, and the judge began to sum up, strongly in favour
of Fitzgerald. The jury then retired, and immediately there was a dead
silence in the crowded Court--an unnatural silence, such as must have
fallen on the blood-loving Roman populace when they saw the Christian
martyrs kneeling on the hot yellow sands of the arena, and watched the
long, lithe forms of lion and panther creeping steadily towards their
prey. The hour being late the gas had been lighted, and there was a
sickly glare through the wide hall.
Fitzgerald had been taken out of court on the retiring of the jury, but
the spectators stared steadily at the
|